This title was enacted by Pub. L. 95–473, §1, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 97–449, §1, Jan. 12, 1983, 96 Stat. 2413; Pub. L. 103–272, July 5, 1994, 108 Stat. 745
2010—Pub. L. 111–314, §4(d)(1)(A), Dec. 18, 2010, 124 Stat. 3440, substituted “[TRANSFERRED]” for “COMMERCIAL SPACE TRANSPORTATION . . .70101” in item for subtitle IX.
1995—Pub. L. 104–88, title I, §102(b), Dec. 29, 1995, 109 Stat. 852, as amended by Pub. L. 104–287, §6(f)(1), Oct. 11, 1996, 110 Stat. 3399, substituted “TRANSPORTATION” for “COMMERCE” in item for subtitle IV.
1994—Pub. L. 103–272, §1(b), July 5, 1994, 108 Stat. 745, amended subtitle analysis generally, substituting “OTHER GOVERNMENT AGENCIES . . .1101” for “TRANSPORTATION PROGRAMS . . .3101” in item for subtitle II, “GENERAL AND INTERMODAL PROGRAMS . . .5101” for “[RESERVED—AIR TRANSPORTATION]” in item for subtitle III, and “RAIL PROGRAMS . . .20101” for “[RESERVED—MISCELLANEOUS]” in item for subtitle V, and adding items for subtitles VI, VII, VIII, IX, and X.
1983—Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2413, amended subtitle analysis generally, substituting “DEPARTMENT OF TRANSPORTATION . . .101” for “[RESERVED—DEPARTMENT OF TRANSPORTATION]” in item for subtitle I and “TRANSPORTATION PROGRAMS . . .3101” for “[RESERVED—TRANSPORTATION PROGRAMS]” in item for subtitle II.
| Title 49 Former Sections | Title 49 New Sections |
|---|---|
| 1(1), (2) | 10501 |
| 1(3) | 10102 |
| 1(4) (related to standards) | 10701 |
| 1(4) (2d sentence last cl.) | 10702 |
| 1(4) (1st sentence related to through routes and 2d sentence less last cl.) | 10703 |
| 1(4) (1st sentence 14th–23d words) | 11101 |
| 1(5)(a) | 10701 |
| 1(5)(b) (7th and 8th sentences) | 10709 |
| 1(5)(b) (less 7th and 8th sentences) | 10701 |
| 1(5)(c)(i) | 10709 |
| 1(5)(c)(ii) | 10102 |
| 1(5)(d) | Rep. |
| 1(5½) | 10749 |
| 1(6) (last sentence) | 10750 |
| 1(6) (less last sentence) | 10702 (See also 10701(a)) |
| 1(7) (1st sentence, 32 words before 8th semicolon-9th semicolon) | 10721 |
| 1(7) (1st sentence words before 2d semicolon, words between 5th semicolon and 21st word after 7th semicolon, 1st–18th words after 9th semicolon, 1st proviso (words before semicolon), 2d, and 3d provisos) | 10722 |
| 1(7) (1st sentence 1st–4th and 13th–20th words after 2d semicolon and words between 3d and 5th semicolons) | 10723 |
| 1(7) (1st sentence 5th–12th and 21st–29th words after 2d semicolon and last 11 words before 1st proviso) | 10723 |
| 1(7) (1st sentence 1st proviso, words between semicolon and colon) | 10724 |
| 1(7) (less 1st sentence) | 11905 |
| 1(8) | 10746 |
| 1(9) | 11104 |
| 1(10) | 10102 |
| 1(11) | 11121 |
| 1(12) (3d sentence) | 11902 |
| 1(12) (less 3d sentence) | 11126 |
| 1(13) | 11121 |
| 1(14)(a) | 11122 |
| 1(14)(b) | 11121 |
| 1(14)(c) | 11105 |
| 1(15) (related to car service less last sentence) | 11123 |
| 1(15) (last sentence) | 11128 |
| 1(15) (related to service less last sentence) | 11127 |
| 1(16) (related to traffic less (b)) | 11124 |
| 1(16) (related to service less (b)) | 11127 |
| 1(16)(b) | 11125 |
| 1(17)(a) (1st sentence) | 11121 |
| 1(17)(a) (last sentence less proviso) | 11901 |
| 1(17)(a) (last sentence proviso) | 10501 |
| 1(17)(b) | 11907 |
| 1(18)(a), (b) | 10901 |
| 1(18)(c) | 10902 |
| 1(18)(d) | 10907 |
| 1(18)(e) (related to action by the Attorney General) | 11703 |
| 1(18)(e) (related to Commission action) | 11702 |
| 1(18)(e) | 11901 |
| 1(18)(e) (related to State enforcement) | 11505 |
| 1(19)–(22) | Rep. |
| 1 note | 10711 |
| 1a(1) (1st sentence) | 10903 |
| 1a(1) (less 1st and last sentences) | 10904 |
| 1a(1) (last sentence) | 10907 |
| 1a(2), (3) | 10904 |
| 1a(4) | 10903 |
| 1a(5) | 10904 |
| 1a(6), (7) | 10905 |
| 1a(8) | Rep. |
| 1a(9) (related to Commission action) | 11702 |
| 1a(9) (related to action by the Attorney General) | 11703 |
| 1a(9) (last sentence) | 11901 |
| 1a(9) (related to State enforcement) | 11505 |
| 1a(10) | 10906 |
| 1a(11) | 10905 |
| 2 | 10741 |
| 3(1) | 10741 |
| 3(1a) | Rep. |
| 3(2) (1st sentence) | 10743 |
| 3(2) (less 1st sentence) | 10744 |
| 3(3) | 10744 |
| 3(4) (1st sentence 2d cl., 2d sentence related to standards) | 10701 |
| 3(4) (less 1st sentence 2d cl., and 2d sentence related to facilities) | 10742 |
| 3(5) | 11103 |
| 4 | 10726 |
| 5(1) (words between semicolon and 1st colon) | 11914 |
| 5(1) (less words between semicolon and 1st colon) | 11342 |
| 5(2)(a) | 11343 |
| 5(2)(b)–(e) | 11344 |
| 5(2)(f) | 11347 |
| 5(2)(g), (h) | 11345 |
| 5(3)(a)–(e) | 11346 |
| 5(3)(f) (last sentence) | 11346 |
| 5(3)(f) (less last sentence) | 11350 |
| 5(3)(g) | 11346 |
| 5(4) | 11348 |
| 5(5)–(7) | 11343 |
| 5(8) (last sentence) | 11912 |
| 5(8) (less last sentence) | 11701 |
| 5(9) | 11702 |
| 5(10) | 11351 |
| 5(11) | 11343 |
| 5(12) | 11341 |
| 5(13) | Rep. |
| 5(14) | 11343 |
| 5(15) (words after semicolon) | 11914 |
| 5(15) (less words after semicolon) | 11321 |
| 5(16), (17) | 11321 |
| 5a | Rep. |
| 5b, 5c | 10706 |
| 6(1) | 10762 |
| 6(2) | 10765 |
| 6(3), (4) | 10762 |
| 6(5) | 10764 |
| 6(6) | 10762 |
| 6(7) | 10761 |
| 6(8) | 11128 |
| 6(9) | 10762 |
| 6(10) | 11901 |
| 6(11) | 10503 |
| 6(12) | 10765 |
| 7 | 10745 |
| 8, 9 | 11705 |
| 10(1) | 11914 |
| 10(2)–(4) | 11904 |
| 11 | 10301 |
| 12(1)(a) (less 2d sentence words after semicolon and last sentence words after 1st semicolon and before last semicolon) | 10321 |
| 12(1)(a) (words after semicolon in 2d sentence) | 10311 |
| 12(1)(a) (last sentence less words before 1st semicolon and after last semicolon) | 11703 |
| 12(1)(b) | 10505 |
| 12(2)–(7) | 10321 |
| 13(1) | 11701 |
| 13(2) (last sentence) | 11502 |
| 13(2) (less last sentence) | 11701 |
| 13(3) | 11502 |
| 13(4), (5) | 11501 |
| 13(6) | 10326 |
| 13a(1) | 10908 |
| 13a(2) | 10909 |
| 14(1), (2) | 10310 |
| 14(3) (last sentence) | 10311 |
| 14(3) (less last sentence) | 10310 |
| 15(1) | 10704 |
| 15(2) | 10324 |
| 15(3), (4) | 10705 |
| 15(5) | 10748 |
| 15(6) | 10705 |
| 15(7) | 10708 |
| 15(8) | 10707 |
| 15(9) | 10709 |
| 15(10) | 10763 |
| 15(11) | 11710 |
| 15(12) | 10763 |
| 15(13), (14) | 11910 |
| 15(15) | 10747 |
| 15(16) | 10321 |
| 15(17) | 10727 |
| 15(18) | 10728 |
| 15(19) | 10729 |
| 15a(1)–(5) | 10704 |
| 15a(6), 15b | Rep. |
| 16(1), (2) | 11705 |
| 16(3)(c), (g) | 11705 |
| 16(3)(h) | Rep. |
| 16(3) (less (c), (g), and (h)) | 11706 |
| 16(4) | 11705 |
| 16(5) | 10329 |
| 16(6) | 10324 |
| 16(7) | 11914 |
| 16(8)–(10) | 11901 |
| 16(11) | 10301 |
| 16(12) (related to Commission action) | 11702 |
| 16(12) (related to action by the Attorney General) | 11703 |
| 16(12) (related to action by private person) | 11705 |
| 16(12) (enforcement of money award) | 11705 |
| 16(13) | 10303 |
| 16a | Rep. |
| 17(1) | 10302 |
| 17(2) (1st sentence 80th–98th words and 2d sentence) | 10304 |
| 17(2) (less 80th–90th words in 1st sentence, less 2d sentence) | 10305 |
| 17(3) (less 2d sentence and last 42 words of 3d sentence) | 10306 |
| 17(3) (2d sentence) | 10301 |
| 17(3) (last 42 words of 3d sentence) | 10321 |
| 17(4) (1st and 3d sentences) | 10305 |
| 17(4) (2d sentence) | 10303 |
| 17(5) | 10322 |
| 17(6), (7) | 10323 |
| 17(8) | 10324 |
| 17(9)(j) | 10310 |
| 17(9) (less (j)) | 10327 |
| 17(10) | 10325 |
| 17(11) | 10305, 10306 |
| 17(12) | 10328 |
| 17(13) | 10308 |
| 17(14)(a) | 11701 |
| 17(14)(b) | Rep. |
| 17(15) | 10309 |
| 17 note | 10306 |
| 18(1) (1st and 3d sentences) | 10301 |
| 18(1) (2d sentence) | 10303 |
| 18(1) (4th sentence) | 10307 |
| 18(1) (last sentence) | 10321 |
| 18(2) | 10301 |
| 19 | 10307 |
| 19a(a) (1st and last sentences) | 10781 |
| 19a(a) (2d and 3d sentences) | 10301 |
| 19a(b) | 10782 |
| 19a(c) | 10781 |
| 19a(d) | Rep. |
| 19a(e) | 10783 |
| 19a(f), (g) | 10784 |
| 19a(h)–(j) | 10785 |
| 19a(k) (1st sentence) | 10786 |
| 19a(k) (less 1st sentence) | 11901 |
| 19a(l) | 11703 |
| 20(1), (2) | 11145 |
| 20(3) (less (e)) | 11142 |
| 20(3)(e) | Rep. |
| 20(4) | 11143 |
| 20(5) | 11144 |
| 20(6) (2d sentence, 1st cl.) | 11144 |
| 20(6) (2d sentence, 2d cl.) | 11145 |
| 20(6) (less 2d sentence) | 11144 |
| 20(7)(a) | 11901 |
| 20(7)(b) (proviso) | 11144 |
| 20(7)(b) (less proviso) | 11909 |
| 20(7)(c)–(e) | 11901 |
| 20(7)(f) | 11910 |
| 20(8) | 11141 |
| 20(9) | 11703 |
| 20(10) | 10301 |
| 20(11) (2d sentence, 1st proviso) | 10103 |
| 20(11) (less 1st sentence 2d proviso related to released value, 2d sentence less words before 2d proviso) | 11707 |
| 20(11) (1st sentence 2d proviso related to released value), 2d sentence (less 1st–5th provisos) | 10730 |
| 20(12) | 11707 |
| 20a(1)–(10) | 11301 |
| 20a(11) (2d and 3d sentences) | 11709 |
| 20a(11) (less 2d, 3d, and 4th sentences) | 11301 |
| 20a(11) (last sentence) | 11911 |
| 20a(12) (last sentence) | 11911 |
| 20a(12) (less last sentence) | 11322 |
| 20b(1) | 11361 |
| 20b(2) (1st–3d sentences, 4th sentence less words between 8th comma and period, 9th sentence) | 11362 |
| 20b(2) (4th sentence, words between 8th comma and period, 8th comma and period, 8th sentence) | 11363 |
| 20b(2) (5th and 7th sentences) | 11364 |
| 20b(2) (less 1st–9th sentences) | 11365 |
| 20b(3) (1st and last sentences) | 11362 |
| 20b(3) (less 1st and last sentences) | 11363 |
| 20b(4) | 11365 |
| 20b(5) | 11361 |
| 20b(6) | 11366 |
| 20b(7) | Rep. |
| 20b(8) | 11362 |
| 20b(9) | 11367 |
| 20b(10) | 10321 |
| 20b(11) | 11367 |
| 20b(12) | Rep. |
| 20b(13) | 11361 |
| 20c | 11303 |
| 21 | 10311 |
| 22(1) (1st sentence 1st 26th and 62d–76th words) | 10721 |
| 22(1) (1st sentence 77th–86th words and 2d proviso, 2d–4th sentences) | 10722 |
| 22(1) (1st sentence words between 2d and 4th semicolons) | 10722 |
| 22(1) (1st sentence words between 4th and 5th semicolons) | 10722 |
| 22(1) (1st sentence 27th–61st words and words between 1st and 2d semicolons) | 10723 |
| 22(1) (1st sentence words between 6th semicolon and 1st proviso) | 10723 |
| 22(1) (last 2 sentences) | 10724 |
| 22(1) (1st sentence words between 5th and 6th semicolons) | 10103 |
| 22(1) (1st proviso 1st sentence) | Rep. |
| 22(2) (less 1st sentence proviso) | 10721 |
| 22(2) (1st sentence proviso) | Rep. |
| 23 | 11703 |
| 25 | Rep. |
| 26(a) | 20102 |
| 26(b) | 20502 |
| 26(c) | 20503 |
| 26(d) | 20504 |
| 26(e) | 20502 |
| 26(f) (words before last semicolon) | 20505 |
| 26(f) (words after last semicolon) | 20902 |
| 26(g) | 501 |
| 26(h) (1st sentence words before last comma) | 21302 |
| 26(h) (1st sentence words after last comma) | 21304 |
| 26(h) (2d, 3d sentences, 4th sentence words before last comma) | 21302 |
| 26(h) (4th sentence words after last comma, 5th sentence) | 21304 |
| 26(h) (last sentence) | 21302 |
| 26a | 11504 |
| 26b | 10381–10388 |
| 26c | 11503 |
| 27 | Rep. |
| 41(1) (1st sentence) | 11915 |
| 41(1) (less 1st sentence) | 11903 |
| 41(2) (related to corporate violations) | 11903 |
| 41(2) (related to corporate violations) | 11915 |
| 41(2) (last sentence) | 11916 |
| 41(3) | 11902 |
| 42 | Rep. |
| 43 | 11703 |
| 44, 45 | T. 15 §§28, 29 |
| 46 | 11913 |
| 47, 48 | Rep. |
| 49 | Elim. |
| 50 (related to notice) | 10329 |
| 50 (related to process) | 10330 |
| 51 (related to ownership) | 11321 |
| 51 (related to 49:6(11)) | 10503 |
| 52 | 10783 |
| 53 | Elim. |
| 54–59 | Rep. |
| 60 | 11507 |
| 61–64 | Rep. |
| 65, 65a | 10721 |
| 66 | T. 31 §3726 |
| 67 | Elim. |
| 71–79 | Rep. |
| 80 | T. 40 §316 (See Rev. T. 40 Table) |
| 81 | 80102 |
| 82, 83 | 80103 |
| 84, 85 | 80112 |
| 86, 87 | 80103 |
| 88, 89 | 80110 |
| 90–92 | 80111 |
| 93 | 80108 |
| 94 | 80114 |
| 95 | 80107 |
| 96–99 | 80110 |
| 100–102 | 80113 |
| 103 | 80115 |
| 104 | Rep. |
| 105 | 80109 |
| 106 | 80111 |
| 107, 108 | 80104 |
| 109 (1st sentence) | 80106 |
| 109 (last sentence) | 80103 |
| 110 | 80104 |
| 111 | 80105 |
| 112, 113 | 80106 |
| 114–116 | 80107 |
| 117, 118 | 80104 |
| 119, 120 | 80105 |
| 121 | 80116 |
| 122 | 80101 |
| 123, 124 | Rep. |
| 141 | Rep. |
| 142 | 303a |
| 143 | Rep. |
| 151–157 | Rep. |
| 171–173a, 174–184 | Rep. |
| 201 | Rep. |
| 211–213 | T. 43 §§1441–1443 |
| 214 | Rep. |
| 231 | Rep. |
| 241–246 | T. 50 §§151–154, 156, 157 |
| 250–268 | Rep. |
| 301 | Rep. |
| 302(a), (b)(1) | 10521 |
| 302(b) (less (1)) | 11506 |
| 302(c) | 10523 |
| 303(a)(1) | 10102 |
| 303(a)(2) | 10342 |
| 303(a)(3) | Rep. |
| 303(a)(4) | 10341 |
| 303(a)(5)–(7) | Rep. |
| 303(a)(8), (9) | 10102 |
| 303(a)(10) (proviso) | 10522 |
| 303(a)(10) (less proviso) | 10521 |
| 303(a)(11) | 10521, 10927 |
| 303(a)(12), (13) | 10102 |
| 303(a)(14) (words before 2d comma) | 10102 |
| 303(a)(14) (words after 2d comma) | 10502 |
| 303(a)(15)–(19) | 10102 |
| 303(a)(20), (21) | Rep. |
| 303(a)(22), (23) | 31501 |
| 303(b) | 10526 |
| 303(c) (words between 6th and 7th commas) | 10521 |
| 303(c) (words before “nor”, less words between 6th and 7th commas) | 10921 |
| 303(c) (less words before “nor”) | 10524 |
| 304(a) (matter preceding (1)) | 10321 |
| 304(a)(1) (related to service) | 11101 |
| 304(a)(1) (related to accounts) | 11142 |
| 304(a)(1)–(2) (related to qualifications, hours of service, and safety) | 31502 |
| 304(a)(2) (less “qualifications” through period) | 11142 |
| 304(a)(3) (1st sentence) | 31502 |
| 304(a)(3) (last sentence) (related to “Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)”) | 502–507, 522, 523, 525, 526 |
| 304(a)(3) (last sentence) (related to “Sec. 305(d) (related to liability)”) | 525 |
| 304(a)(3) (last sentence) (related to “Sec. 324”) | 31504 |
| 304(a)(3a) (last sentence) (related to “Secs. 304(c), 305, 320, 321, 322(a), (b), (d), (f), (g)”) | 502–507, 522, 523, 525, 526 |
| 304(a)(3a) (1st sentence) | 31502 |
| 304(a)(3a) (last sentence) (related to “Sec. 305(d) (related to liability)”) | 525 |
| 304(a)(3a) (last sentence) (related to “Sec. 324”) | 31504 |
| 304(a)(4) | 11142 |
| 304(a)(4a) | 10525 |
| 304(a)(5) | 31503 |
| 304(a)(6) | 10321 |
| 304(a)(7) (words after semicolon) | 10311 |
| 304(a)(7) (less words after semicolon) | 10321 |
| 304(b) | 11102 |
| 304(c) | 11701 |
| 304(d) (related to administration matters) | 10303 |
| 304(d) (related to reports) | 10310 |
| 304(d) | 10311 |
| 304(e) | 11107 |
| 304(f) | 11101 |
| 304a(1)–(4) | 11706 |
| 304a(5), (6) | 11705 |
| 304a(7) | Rep. |
| 304a(8) | 11706 |
| 305(a) (1st and 2d sentences) | 10341 |
| 305(a) (3d sentence less proviso) | 10342 |
| 305(a) (3d sentence proviso) | 10344 |
| 305(a) (less 1st–3d sentences) | 10343 |
| 305(b) (2d sentence, 1st 12 words) | 10344 |
| 305(b) (1st, 3d, 5th, and 12th sentences) | 10342 |
| 305(b) (2d sentence 13th–37th words) | 10341 |
| 305(b) (4th and 6th sentences) | 10342 |
| 305(b) (7th–9th sentences) | 10343 |
| 305(b) (10th sentence) | 10342 |
| 305(b) (11th sentence) | 10344 |
| 305(b) (less 1st–12th sentences) | 10342 |
| 305(c) (related to the Commission) | 10307 |
| 305(c) (related to joint boards) | 10344 |
| 305(d) (related to Commission and employee board subpena power) | 10321 |
| 305(d) (related to joint boards) | 10344 |
| 305(d) (related to liability) | 11913 |
| 305(e) | 10328 |
| 305(f) (4th sentence) | 10344 |
| 305(f) (less 4th sentence) | 11502 |
| 305(g) (proviso) | Rep. |
| 305(g) (less proviso) | 11705, 11706 |
| 305(h) | 10301–10306, 10308, 10309, 10321–10325, 10328 |
| 305(i) (related to members of Commission) | 10301 |
| 305(i) (related to joint board) | 10344 |
| 305(i) (related to examiner) | 10306 |
| 305(j) | 10301 |
| 305a | 10344 note |
| 306(a)(1) (word before proviso) | 10921 |
| 306(a)(1) (words after colon) | Rep. |
| 306(a)(2) | 10932 |
| 306(a)(3)–(5) | Rep. |
| 306(a)(6) | 10931 |
| 306(a)(7) | 10932 |
| 306(b), 307 | 10922 |
| 308(a), (b) | 10922 |
| 308(c), (d) | 10932 |
| 309(a)(1) (words before 1st proviso) | 10921 |
| 309(a)(1) (words between 1st and last colons) | Rep. |
| 309(a)(1) (last proviso) | 10526 |
| 309(a)(2) | 10932 |
| 309(a)(3)–(5) | Rep. |
| 309(b) (last proviso) | 10932 |
| 309(b) (less last proviso) | 10923 |
| 310 | 10930 |
| 310a(a) | 10928 |
| 310a(b) | 11349 |
| 310a(c) | 10928 |
| 310a(c) | 11349 |
| 311(a) (words before 1st proviso) | 10921 |
| 311(a) (words after 1st colon) | 10924 |
| 311(b), (c) (words before 2d comma) | 10924 |
| 311(c) (words after 2d comma) | 10927 |
| 311(d) | 11144 |
| 312(a) | 10925 |
| 312(b) | 10926 |
| 312(c) | Rep. |
| 313 | 11304 |
| 314 (related to securities) | 11302 |
| 314 (related to penalties) | 11911 |
| 315 | 10927 |
| 316 (related to standards) | 10701 |
| 316(a) (1st–24th, 45th–59th words) | 10703 |
| 316(a) (60th–143d words) | 10702 |
| 316(a) (25th–44th words) | 11101 |
| 316(b) (related to standards) | 10701 |
| 316(b) (16th–33d words) | 11101 |
| 316(b) (less 16th–33d words) | 10702 |
| 316(c) (less 2d sentence) | 10703 |
| 316(c) (2d sentence) | 10702 |
| 316(d) (1st sentence) | 10701 |
| 316(d) (less 1st sentence) | 10741 |
| 316(e) (2d sentence 2d cl.) | 10705 |
| 316(e) (2d sentence less 2d cl. and less proviso) | 10704 |
| 316(e) (proviso) | 10521 |
| 316(e) (less 2d sentence) | 11701 |
| 316(f) | 10705 |
| 316(g) (less proviso) | 10708 |
| 316(g) (proviso) | Rep. |
| 316(h) | 10701 |
| 316(i) | 10704 |
| 316(j) | 10103 |
| 317(a) | 10762 |
| 317(b) (proviso) | 10103, 10721–10724 |
| 317(b) (less proviso) | 10761 |
| 317(c) | 10762 |
| 317(d) | 10761 |
| 318(a) (1st sentence related to standards) | 10701 |
| 318(a) (1st and 4th sentences, and 7th sentence proviso related to relief) | 10702 |
| 318(a) (2d, 5th, and 6th sentences, and 7th sentence proviso related to general requirements) | 10762 |
| 318(a) (3d sentence, 7th sentence less proviso, and 7th sentence proviso related to relief) | 10761 |
| 318(b) | 10704 |
| 318(c) (proviso) | Rep. |
| 318(c) (less proviso) | 10708 |
| 319 | 10730, 11707 |
| 320(a) (1st and 2d sentences) | 11145 |
| 320(a) (less 1st and 2d sentences) | 10764 |
| 320(b) | 11145 |
| 320(c) | 11143 |
| 320(d) | 11144 |
| 320(e) | 11141 |
| 320(f) | 504 |
| 320(g) | 11144 |
| 321(a) | 10329 |
| 321(b) | 10324 |
| 321(c) | 10330 |
| 321(d) (related to orders) | 10324 |
| 321(d) (related to notice) | 10329 |
| 321(d) (related to process) | 10330 |
| 322(a) | 11914 |
| 322(b)(1) | 11702 |
| 322(b) (less (1)) | 11708 |
| 322(c) (related to rate violations) | 11904 |
| 322(c) (related to evasion of regulation) | 11906 |
| 322(d)–(f) | 11910 |
| 322(g) | 11909 |
| 322(h) | 11901 |
| 323 (1st sentence) | 10743 |
| 323 (less 1st sentence) | 10744 |
| 324 | 11106 |
| 324a | 10747 |
| 325 | 31503 |
| 325a | 11504 |
| 326, 327 | Rep. |
| 401–403 | Rep. |
| 421–422a | Rep. |
| 422b | Elim. |
| 423–427 | Rep. |
| 451–460 | Rep. |
| 461 | Elim. |
| 481–496 | Rep. |
| 521–524 | Rep. |
| 551–560 | Rep. |
| 581, 582 | Rep. |
| 601–603 | Rep. |
| 621–623 | Rep. |
| 641–649 | Rep. |
| 671–685 | Rep. |
| 701–705 | Rep. |
| 711–722 | Rep. |
| 751–758 | Rep. |
| 781 | 80302 |
| 782 | 80303 |
| 783 (1st sentence) | 80304 |
| 783 (last sentence) | 80303 |
| 784 (proviso) | 80304 |
| 784 (less proviso) | 80306 |
| 785 | 80305 |
| 786 | 80306 |
| 787(a)–(c) | 80301 |
| 787(d)–(g) | 80302 |
| 788, 789 | 80304 |
| 901 | Rep. |
| 902(a) | 10102 |
| 902(b) | Rep. |
| 902(c), (d) (less exception) | 10102 |
| 902(d) (words after 1st comma) | 10502 |
| 902(e) (1st and 2d sentences) | 10102 |
| 902(e) (3d–5th sentences) | 10544 |
| 902(f)–(h) | 10102 |
| 902(i) | 10541 |
| 902(j)–(m) | 10102 |
| 903(a) | 10541 |
| 903(b)–(d) | 10542 |
| 903(e)(1) | 10544 |
| 903(e)(2) (last sentence) | Rep. |
| 903(e)(2) (less last sentence) | 10544 |
| 903(e)(3) | 10544 |
| 903(f) | 10543 |
| 903(g), (h) | 10544 |
| 903(i) | 10721 |
| 903(j), (k) | 10541 |
| 903(l) | 10929 |
| 904(a) | 10321 |
| 904(b) (words after last semicolon) | 10311 |
| 904(b) (less words after last semicolon) | 10321 |
| 904(c) | 11102 |
| 904(d) | 11108 |
| 904(e) | 11701 |
| 905(a) (1st sentence related to standards and 2d sentence) | 10701 |
| 905(a) (1st sentence 1st cl.) | 11101 |
| 905(a) (less 1st sentence 1st cl. and last sentence) | 10702 |
| 905(b) (4th sentence) | 10701, 10702 |
| 905(b) (less 4th sentence) | 10703 |
| 905(c) | 10741 |
| 905(d) (1st sentence 2d cl., 2d sentence related to facilities) | 10701 |
| 905(d) (less 1st sentence 2d cl., 2d sentence related to standards) | 10742 |
| 906(a), (b) | 10762 |
| 906(c) (proviso) | 10103, 10721–10724 |
| 906(c) (less proviso) | 10761 |
| 906(d) (1st sentence) | 10761 |
| 906(d) (less 1st sentence) | 10762 |
| 906(e) (1st sentence related to standards) | 10701 |
| 906(e) (1st sentence and 7th sentence proviso related to relief) | 10702 |
| 906(e) (2d, 4th, 5th, and 6th sentences, and 7th sentence provision, related to general requirements) | 10762 |
| 906(e) (3d sentence, and 7th sentence less proviso, and 7th sentence proviso related to relief) | 10761 |
| 907(a) | 11701 |
| 907(b) | 10704 |
| 907(c) | 10701 |
| 907(d), (e) | 10705 |
| 907(f) | 10704 |
| 907(g) (proviso) | Rep. |
| 907(g) (less proviso) | 10708 |
| 907(h) | 10704 |
| 907(i) (proviso) | Rep. |
| 907(i) (less proviso) | 10708 |
| 908(a)–(e), (f)(4) | 11705 |
| 908(f) (less (4)) | 11706 |
| 908(g) | 11705 |
| 909(a) (words before 1st proviso) | 10921 |
| 909(a) (words after 1st colon) | Rep. |
| 909(b)–(e) | 10922 |
| 909(f) (words before 1st proviso) | 10921 |
| 909(f) (words after 1st colon) | Rep. |
| 909(g) | 10923 |
| 910 | 10930 |
| 911(a) | 10928 |
| 911(b) | 11349 |
| 912 | 10926 |
| 912a | 10925 |
| 913(a) | 11145 |
| 913(b) | 10764 |
| 913(c) | 11142 |
| 913(d) | 11143 |
| 913(e)–(g) | 11144 |
| 913 (less (a)–(g)) | 11141 |
| 914 | 10747 |
| 915(a) | 10329 |
| 915(b) | 11701 |
| 915(c), (d) | 10324 |
| 915(e) | 11914 |
| 916(a) | 10301–10306, 10308, 10309, 10321–10325, 10328, 11703, 11913 |
| 916(b) (related to Commission action) | 11702 |
| 916(b) (related to action by the Attorney General) | 11703 |
| 916(b) (related to action by private person) | 11705 |
| 916(c) | 10310 |
| 916(d) | 10303 |
| 917(a) | 11914 |
| 917(b), (c) | 11904 |
| 917(d) | 11909 |
| 917(e) | 11910 |
| 917(f) (1st and 2d sentences) | 11910 |
| 917 (less (a)–(e) and (f) (1st and 2d sentences)) | 11910 |
| 918 (1st sentence) | 10743 |
| 918 (less 1st sentence) | 10744 |
| 919 | 10301 |
| 920–922 | Rep. |
| 922a | 11303 |
| 922b | 11504 |
| 923 | Rep. |
| 1001 | Rep. |
| 1002(a)(2) | Rep. |
| 1002(a)(1), (3), (4), (5), (8) | 10102 |
| 1002(a)(6), (7) | 10561 |
| 1002(b), (c) | 10562 |
| 1003(a) | 10321 |
| 1003(b) | 11101 |
| 1003(c), (d) | 10927 |
| 1003(e) (words after last semicolon) | 10311 |
| 1003(e) (less words after last semicolon) | 10321 |
| 1003(f) | 11701 |
| 1004(a) (1st cl.) | 11101 |
| 1004(a) (related to standards) | 10701 |
| 1004(a) (related to carrier authority) | 10702 |
| 1004(b), (c) | 10741 |
| 1004(d) | 10766 |
| 1005(a), (b) | 10762 |
| 1005(c) (proviso) | 10103, 10721–10724 |
| 1005(c) (less proviso) | 10761 |
| 1005(d) | 10762 |
| 1005(e) | 10761 |
| 1006(a) | 11701 |
| 1006(b) | 10704 |
| 1006(c) | 10701 |
| 1006(d) | 10704 |
| 1006(e) (proviso) | Rep. |
| 1006(e) (less proviso) | 10708 |
| 1006(f) (2d and 3d sentences) | 10502 |
| 1006(f) (less 2d last sentences) | 11502 |
| 1006(f) (4th and last sentences) | 11501 |
| 1006a(5), (6) | 11705 |
| 1006a (less (5), (6), (7)) | 11706 |
| 1006a(7) | Rep. |
| 1007, 1008 | 10725 |
| 1009 | 10766 |
| 1010(a)(1) (words before semicolon) | 10921 |
| 1010(a) (less words before semicolon in par. (1)) | Rep. |
| 1010(b) | 10923 |
| 1010(c) (less 2d sentence, words before semicolon) | 10923 |
| 1010(c) (2d sentence, words before semicolon) | 10930 |
| 1010(d), (e) | 10923 |
| 1010(f) | 10925 |
| 1010(g) | 10926 |
| 1010(h) | 10930 |
| 1010(i) (1st sentence) | 10933 |
| 1010(i) (less 1st sentence and 2d sentence words before semicolon) | 11908 |
| 1010(i) (related to Commission action) | 11702 |
| 1010(i) (related to enforcement by the United States) | 11703 |
| 1010(i) (related to private enforcement) | 11704 |
| 1010(i) (related to State enforcement) | 11505 |
| 1011(a) | 11323 |
| 1011(b) (last proviso) | Rep. |
| 1011(b) (less last proviso) | 10930 |
| 1011(c) | 11323 |
| 1011(d) | 11701 |
| 1011(e) | 11702 |
| 1011(f) | 11701 |
| 1011(g) | 11323 |
| 1012(a) (1st and 2d sentences) | 11145 |
| 1012(a) (3d sentence) | 11142 |
| 1012(a) (last sentence) | 10764 |
| 1012(b) | 11145 |
| 1012(c)–(e) | 11144 |
| 1012(f) | 11141 |
| 1013 (1st sentence related to released value) | 10730 |
| 1013 | 11707 |
| 1014 | 10743 |
| 1015 | 10747 |
| 1016(a) | 10329 |
| 1016(b), (c) | 10324 |
| 1016(d) | 11914 |
| 1017(a) | 10301–10306, 10308, 10309, 10311, 10321–10325, 10328, 11703, 11705, 11913 |
| 1017(b)(1) (related to Commission action) | 11702 |
| 1017(b)(1) (related to action by the Attorney General) | 11703 |
| 1017(b)(1) (related to action by private person) | 11705 |
| 1017(b) (less (1)) | 11708 |
| 1017(c) | 10310 |
| 1017(d) | 10303 |
| 1018 | 10749 |
| 1019 | Rep. |
| 1020 (related to service) | 11127 |
| 1020 (related to penalties) | 11901 |
| 1021(a) | 11914 |
| 1021(b), (c) | 11904 |
| 1021(d) | 11909 |
| 1021(e), (f) | 11910 |
| 1021 (less (a)–(f)) | 11703 |
| 1022 | Rep. |
| 1101–1103 | Rep. |
| 1103a | Elim. |
| 1104–1120 | Rep. |
| 1151 | 47301 |
| 1152 | 47302 |
| 1153 | 47303 |
| 1154 | 47302 |
| 1155–1157(b) | 47304 |
| 1157(c) | Rep. |
| 1158 | 47304 |
| 1159(a) (1st sentence) | 47305 |
| 1159(a) (last sentence) | 47306 |
| 1159(b)–(d) | 47305 |
| 1159a, 1159b | 41310 |
| 1160 | 47305 |
| 1181–1185 | Rep. |
| 1201–1203 | 80504 |
| 1211–1215 | Rep. |
| 1231–1240 | Rep. |
| 1301(1) | Rep. |
| 1301(2), (3) (less proviso) | 40102 |
| 1301(3) (proviso) | 40109 |
| 1301(4)–(12) | 40102 |
| 1301(13) | Rep. |
| 1301(14) (related to certificate) | 41101 |
| 1301(14) (less certificate)–(37) | 40102 |
| 1301(38) | 46501 |
| 1301(39)–(41) | 40102 |
| 1302, 1303 | 40101 |
| 1303 note | 44111, 44713, 45302, 46301, 46306, 46315 |
| 1304 | 40103 |
| 1305(a), (b)(1) | 41713 |
| 1305(b)(2) | 40102 |
| 1305(c), (d) (related to (a), (b)(1)) | 41713 |
| 1305(d) (related to (b)(2)) | 40102 |
| 1305(d) (related to (c)) | 41713 |
| 1306–1308 | Rep. |
| 1321–1323 | Rep. |
| 1324(a) | 40113 |
| 1324(b), (c) | 41711 |
| 1324(d) | 40114 |
| 1325 | Rep. |
| 1341(a), (b) | 106 |
| 1341(c) | Rep. |
| 1342 | 106 |
| 1343(a)(1), (2) (related to cooperative agreements) | 324 |
| 1343(a)(2) (related to Deputy Administrator) | 106 |
| 1343(b) | 329 |
| 1343(c) | 40107 |
| 1343(d) | 323 |
| 1343(e) | Rep. |
| 1343(f), (g) (1st sentence 33d–43d words) | 323 |
| 1343(g) (less 1st sentence 33d–43d words) | 325 |
| 1343(h) | Rep. |
| 1343(i) | 322 |
| 1344(a)–(d) | 40110 |
| 1344(a) | 322 |
| 1344(b) | 331 |
| 1344(c)(1) | 326 |
| 1344(d) (less words after semicolon) | 322 |
| 1344(d) (words after semicolon) | (See former section 1348(b).) |
| 1344(e) | 322, 40111 |
| 1344(f) | 40112 |
| 1344(g) | 40110 |
| 1344(h) | 47124 |
| 1345 | 40107 |
| 1346, 1346a | 40104 |
| 1347 | 40101 |
| 1348(a) | 40103 |
| 1348(b) (1st sentence cl. (3)) | 44721 |
| 1348(b) (1st sentence less cl. (3), 2d sentence) | 44502 |
| 1348(b) (3d, last sentences) | 44721 |
| 1348(c), (d) | 40103 |
| 1348(e) | 40109 |
| 1348(f) | 40106 |
| 1348 notes | 44506, 44514, 44719 |
| 1348a | 44506 |
| 1349(a) (1st, 2d sentences) | 44502 |
| 1349(a) (3d, last sentences) | 40103 |
| 1349(b), 1350 | 44502 |
| 1351 | 44720 |
| 1352 | 329 |
| 1353(a) | 44501 |
| 1353(b) | 44504 |
| 1353(c) | 44505 |
| 1353(d) | 44501 |
| 1353(e) | 44507 |
| 1353(f) | 44508 |
| 1353(g) | 44511 |
| 1353(h) | 44512 |
| 1353(i) | 44513 |
| 1353 notes | 44506, 48102 |
| 1354(a) | 40113 |
| 1354(b) | 40114 |
| 1354(c) (related to this chapter) | 46104 |
| 1354(c) (related to Airport and Airway Improvement Act of 1982) | 47122 |
| 1354(c) (related to Federal Airport Act and Airport and Airway Development Act of 1970) | Rep. |
| 1354(d) | 40108 |
| 1354(e) | 308(b), 40113 |
| 1354(f) | 45302 |
| 1354 note | 44515, 48110 |
| 1354a (1st sentence) | 44510 |
| 1354a (2d sentence) | 48106 |
| 1354a (3d, last sentences) | 44510 |
| 1355 (less (a) (last sentence related to fees)) | 44702 |
| 1355(a) (last sentence related to fees) | 45303 |
| 1356(a) (1st, 2d sentences) | 44901 |
| 1356(a) (3d sentence 1st–18th words) | 44938 |
| 1356(a) (3d sentence 19th–last words) | 44901 |
| 1356(a) (last sentence), (b) | 44938 |
| 1356(c) | 44901 |
| 1356a | Rep. |
| 1356b | 44903 |
| 1357(a), (b) | 44903 |
| 1357(c) | 44935 |
| 1357(d)(1), (2) | 40119 |
| 1357(d)(3)–(8) | 44912 |
| 1357(d)(9) | 48107 |
| 1357(e)(1) | 40119, 44937 |
| 1357(e)(2), (3), (f), (g) | 44903 |
| 1357(g) | 44936 |
| 1357(h)–(j) | 44935 |
| 1357(k)(1)–(3) | 44906 |
| 1357(k)(4) | 44938 |
| 1357 notes | 44904, 44906, 44914, 44936, 44938 |
| 1358 | 44915 |
| 1358a | 44932 |
| 1358b(a) | 44933 |
| 1358b(b) | 44934 |
| 1358b(c) | Rep. |
| 1358c | 44913 |
| 1358d | 44905 |
| 1358d note | 44910 |
| 1359 | Rep. |
| 1371(a) | 41101 |
| 1371(b), (c) | 41108 |
| 1371(d)(1)–(3) | 41102 |
| 1371(d)(4)(A)(i), (ii) (related to joint services) | 41101 |
| 1371(d)(4)(A)(ii) (related to joint rates, fares), (B) | 41503 |
| 1371(d)(5)–(7) | Rep. |
| 1371(d)(8) (1st sentence) | 41102 |
| 1371(d)(8) (last sentence) | 41110 |
| 1371(d)(9) | 41108 |
| 1371(e)(1)–(4) | 41109 |
| 1371(e)(5)–(7)(A) | Rep. |
| 1371(e)(7)(B) | 41109 |
| 1371(e)(7)(C) | Rep. |
| 1371(f), (g) | 41110 |
| 1371(h) | 41105 |
| 1371(i) | 41101 |
| 1371(j) | 41312 |
| 1371(k) | 42112 |
| 1371(l) | 41903 |
| 1371(m) | 41107 |
| 1371(n)(1) | Rep. |
| 1371(n)(2)–(6) | 41104 |
| 1371(o) | 41106 |
| 1371(p) | 41111 |
| 1371(q) | 41112 |
| 1371(r) | 41110 |
| 1371a (related to certificate) | 41110 |
| 1371a (related to permit) | 41304 |
| 1372(a) | 41301 |
| 1372(b) | 41302 |
| 1372(c), (d) | 41305 |
| 1372(e) (related to duration of permits) | 41304 |
| 1372(e) (related to terms, conditions, or limitations of permits) | 41305 |
| 1372(f) | 41304 |
| 1372(g) | 41303 |
| 1372(h) | 41306 |
| 1373(a) | 41504 |
| 1373(b)(1) (1st sentence) | 41510 |
| 1373(b)(1) (2d–last sentences) | 41511 |
| 1373(b)(2) | 41510 |
| 1373(c)(1), (2) | 41504 |
| 1373(c)(3) | 41509 |
| 1373(d) | 41506 |
| 1374(a)(1) | 41702 |
| 1374(a)(2) | 41501 |
| 1374(b) | 41310 |
| 1374(c) | 41705 |
| 1374(d)(1) | 41706 |
| 1374(d)(2) | 46301 |
| 1374 note | 41706 |
| 1375(a) | Rep. |
| 1375(b) | 41902 |
| 1375(c), (d) | 41903 |
| 1375(e)(1) | 41912 |
| 1375(e)(2) | 41904 |
| 1375(f)(1) (1st sentence) | 41905 |
| 1375(f)(1) (2d–last sentences), (2) | 41908 |
| 1375(g) | 41911 |
| 1375(h) | 41906 |
| 1375(i) | Rep. |
| 1375(j) | T. 39 §5007 |
| 1376(a)–(e) | 41901 |
| 1376(f) | 41910 |
| 1376(g) | Rep. |
| 1376(h)(1) | 41907 |
| 1376(h)(2) | 41909 |
| 1376(h)(3) | 41907 |
| 1376a, 1376b | Rep. |
| 1377(a) | 41708 |
| 1377(b), (c) | Rep. |
| 1377(d), (e) (1st–3d sentences) | 41709 |
| 1377(e) (last sentence) | 41708 |
| 1378, 1379 | Rep. |
| 1380, 1380 note | 44909 |
| 1381(a) | 41712 |
| 1381(b) | 41707 |
| 1382(a), (b) | 41309 |
| 1382(c) | 42111 |
| 1383 | 40102 |
| 1384 | 41308 |
| 1385 | 41711 |
| 1386(a) | 41701 |
| 1386(b) | 40109 |
| 1387, 1388(a)(1)–(3) | Rep. |
| 1388(a)(4) | 41103 |
| 1388(b)(1)(A) | Rep. |
| 1388(b)(1)(B), (2) | 41103 |
| 1388(b)(3) | Rep. |
| 1388(b)(4) | 41110 |
| 1388(c), (d) | 41103 |
| 1389(a) | 41731 |
| 1389(b)(1) | 41733 |
| 1389(b)(2) | 41734 |
| 1389(b)(3), (4) | 41733 |
| 1389(b)(5)–(8) | 41734 |
| 1389(b)(9) | 41733 |
| 1389(c) | 41735 |
| 1389(d) | 41736 |
| 1389(e)(1) | 41738 |
| 1389(e)(2)–(g) | 41737 |
| 1389(h) | 41741 |
| 1389(i) | 41739 |
| 1389(j) | 41740 |
| 1389(k)(1) | 41732 |
| 1389(k)(2)–(5) | 41731 |
| 1389(l) | 41737 |
| 1389(m) | 41742 |
| 1401(a) | 44101 |
| 1401(b) | 44102 |
| 1401(c), (d) | 44103 |
| 1401(e)(1) | 44105 |
| 1401(e)(2)(A)–(C) | 44106 |
| 1401(e)(2)(D), (E) | 44103 |
| 1401(e)(2)(F) | 44106 |
| 1401(f), (g) | 44103 |
| 1401(h) | 44111 |
| 1401 note | 44111, 44703, 44713 |
| 1402 | 44104 |
| 1403(a), (b) | 44107 |
| 1403(c), (d) | 44108 |
| 1403(e), (f) | 44107 |
| 1403(g) | 44110 |
| 1403(h) | 44704 |
| 1404 | 44112 |
| 1405 (1st sentence) | 44104 |
| 1405 (2d sentence) | 44103 |
| 1405 (last sentence) | 46301 |
| 1406, 1406 note | 44108 |
| 1421(a), (b) (1st sentence related to standards, rules, and regulations) | 44701 |
| 1421(b) (1st sentence related to issuing certificates) | 44702 |
| 1421(b) (2d sentence) | 44702 |
| 1421(b) (last sentence), (c) | 44701 |
| 1421(d) | 44712 |
| 1421(e) | 44714 |
| 1421(f) | 44716 |
| 1421 notes | 44716, 44717, 44722 |
| 1422(a) (1st–10th words) | 44702 |
| 1422(a) (11th–last words), (b)(1), (2)(A), (B) | 44703 |
| 1422(b)(2)(C) | 44710 |
| 1422(c), (d) | 44703 |
| 1423(a)(1) (related to issuing certificates) | 44702 |
| 1423(a)(1) (related to regulations for appliances), (2) | 44704 |
| 1423(b) (related to issuing certificates) | 44702 |
| 1423(b) (related to basis for issuing, and contents of, certificates) | 44704 |
| 1423(c) (related to issuing certificates) | 44702 |
| 1423(c) (related to basis for issuing, and contents of, certificates) | 44704 |
| 1424(a) (related to issuing certificates) | 44702 |
| 1424(a) (related to standards) | 44701 |
| 1424(b) | 44705 |
| 1425 | 44713 |
| 1426 (1st sentence) | 44708 |
| 1426 (last sentence) | 44702 |
| 1427 (1st sentence) | 44707 |
| 1427 (last sentence), 1428 | 44702 |
| 1429(a) (1st–7th sentences) | 44709 |
| 1429(a) (8th–last sentences related to Administrator under subchapter VII) | 1153 |
| 1429(a) (8th–last sentences less Administrator under subchapter VII), (b) | 44709 |
| 1429(c) | 44710 |
| 1430 | 44711 |
| 1431(a)–(d) | 44715 |
| 1431(e) | 44709 |
| 1432(a) (related to issuing certificates) | 44702 |
| 1432(a) (related to standards) | 44701 |
| 1432(b), (c) | 44706 |
| 1432(d) | 44914 |
| 1433(a), (b) | 40103 note |
| 1433(c) | Rep. |
| 1434(a) | 45102 |
| 1434(b) | 45103 |
| 1434(c) | 45105 |
| 1434(d) | 45104 |
| 1434(e) | 45106 |
| 1434(f) | 45101 |
| 1441(a)(1), (2) | 1132 |
| 1441(a)(3) | 1116 |
| 1441(a)(4) | 1131 |
| 1441(a)(5) | 1116 |
| 1441(b) | 1113 |
| 1441(c) (1st sentence) | 1132 |
| 1441(c) (2d, last sentences), (d) | 1134 |
| 1441(e) | 1154 |
| 1441(f) | 1131 |
| 1441(g), 1442 | 1132 |
| 1443 | 1112 |
| 1461(a) | 41307 |
| 1461(b) | 41509 |
| 1462 | 40105 |
| 1463 | 44720 |
| 1471(a)(1) (related to subchapter VII) | 1155 |
| 1471(a)(1) (less subchapter VII), (2) (related to subchapter III, V, VI, or XII, §1501, 1514, or 1515(e)(2)(B), and Postal Service) | 46301 |
| 1471(a)(2) (related to 1471(c)) | 46302 |
| 1471(a)(2) (related to 1471(d)) | 46303 |
| 1471(a)(2) (related to subchapter VII) | 1155 |
| 1471(a)(3) (less (D)(v) (related to Administrator under subchapter VII)) | 46301 |
| 1471(a)(3)(D)(v) (related to Administrator under subchapter VII) | 1153 |
| 1471(b) | 46304 |
| 1471(c) | 46302 |
| 1471(d) | 46303 |
| 1472(a) | 46316 |
| 1472(b) | 46306 |
| 1472(c) | 46308 |
| 1472(d) | 46309 |
| 1472(e) | 46310 |
| 1472(f) | 46311 |
| 1472(g) | 46313 |
| 1472(h)(1) | 40113 |
| 1472(h)(2) | 46312 |
| 1472(h)(3) | 40113 |
| 1472(i) | 46502 |
| 1472(j) | 46504 |
| 1472(k) | 46506 |
| 1472(l) | 46505 |
| 1472(m) | 46507 |
| 1472(n)(1) | 46502 |
| 1472(n)(2) | 46501 |
| 1472(n)(3) | 46502 |
| 1472(n)(4) | 46501 |
| 1472(o) | T. 28 §538 |
| 1472(p) | 1155 |
| 1472(q) | 46315 |
| 1472(r) | 46314 |
| 1473(a) | Rep. |
| 1473(b)(1) | 1155, 46305 |
| 1473(b)(2), (3) | 46304 |
| 1473(b)(4) | 1155, 46305 |
| 1473(c) | 46503 |
| 1474 | T. 19 §1644a |
| 1475 | Rep. |
| 1481 | 46102 |
| 1482(a)–(c) | 46101 |
| 1482(d), (e) | Rep. |
| 1482(f) | 41507 |
| 1482(g) | Rep. |
| 1482(h) | 41508 |
| 1482(i) | Rep. |
| 1482(j)(1)–(7) | 41509 |
| 1482(j)(8) | Rep. |
| 1482(j)(9), (10) | 41509 |
| 1482(k) | Rep. |
| 1482a | 41505 |
| 1483(a) | Rep. |
| 1483(b) | 41502 |
| 1483(c)–(e) | Rep. |
| 1484 | 46104 |
| 1485(a) | 46105 |
| 1485(b), (c) | 46103 |
| 1485(d)–(f) | 46105 |
| 1486 (related to CAB) | 1153, 46110 |
| 1486 (related to Secretary) | 46110 |
| 1487(a) (related to CAB) | 1151, 46106 |
| 1487(a) (related to Attorney General) | 46107 |
| 1487(a) (related to party in interest) | 46108 |
| 1487(a) (related to Secretary) | 46106 |
| 1487(b) (related to CAB) | 1151, 46107 |
| 1487(b) (related to Secretary) | 46107 |
| 1488 (related to CAB) | 1151, 46107 |
| 1488 (related to Secretary) | 46107 |
| 1489 | 1152, 46109 |
| 1490 | 41710 |
| 1501 | 44718 |
| 1502(a) | 40105 |
| 1502(b) | 40101 |
| 1502(c), (d) | 40105 |
| 1503 | 40114 |
| 1504 | 40115 |
| 1505 | 40113 |
| 1506 | 40120 |
| 1507 | 44502 |
| 1508(a) | 40103 |
| 1508(b) | 41703 |
| 1509(a) | 40120 |
| 1509(b)–(e) | T. 19 §1644a |
| 1509(f), 1509 note | 44109 |
| 1510 | 40120 |
| 1511 | 44902 |
| 1512, 1513(a), (b) | 40116 |
| 1513(c) | Rep. |
| 1513(d) | 40116 |
| 1513(e) | 40117 |
| 1513(f) | 40116 |
| 1514 | 40106 |
| 1515 | 44907 |
| 1515 note | 44910 |
| 1515a | 44908 |
| 1516 | 41704 |
| 1517, 1518 | 40118 |
| 1519 | 44721 |
| 1521, 1522 | 40103 |
| 1523 | 46307 |
| 1531 | 44301 |
| 1532(a) | 44302 |
| 1532(b), (c) | 44306 |
| 1533 | 44303 |
| 1534 | 44305 |
| 1535 | 44304 |
| 1536(a)–(d) | 44307 |
| 1536(e) | Rep. |
| 1536(f) | 44307 |
| 1537(a) (1st sentence) | 44308 |
| 1537(a) (last sentence words between 2d and 3d commas) | 44302 |
| 1537(a) (last sentence less words between 2d and 3d commas) | 44306 |
| 1537(b)–(d) | 44308 |
| 1537(e) | Rep. |
| 1537(f) | 44308 |
| 1538, 1539 | Rep. |
| 1540 | 44309 |
| 1541 | 44302 |
| 1542 | 44310 |
| 1551(a)(1)(A) | 41102 |
| 1551(a)(1)(B) | 41102, 41110 |
| 1551(a)(1)(C) | 41109 |
| 1551(a)(1)(D) | 41312 |
| 1551(a)(1)(E) (related to 49:1371(n)(1)) | Rep. |
| 1551(a)(1)(E) (related to 49:1371(n)(4)) | 41104 |
| 1551(a)(1)(F), (G), (2), (3) | Rep. |
| 1551(a)(4)(A) (related to 49:1371(l)) | 41903 |
| 1551(a)(4)(A) (related to 49:1371(m)) | 41107 |
| 1551(a)(4)(A) (related to 49:1375(b)) | 41902 |
| 1551(a)(4)(A) (related to 49:1375(c), (d)) | 41903 |
| 1551(a)(4)(B) (related to 49:1373(a)) | 41504 |
| 1551(a)(4)(B) (related to 49:1373(b)) | 41510, 41511 |
| 1551(a)(4)(B) (related to 49:1373(c)(1), (2)) | 41504 |
| 1551(a)(4)(B) (related to 49:1373(c)(3)) | 41509 |
| 1551(a)(4)(B) (related to 49:1373(d)) | 41506 |
| 1551(a)(4)(C) (related to 49:1374(a)(1)) | 41702 |
| 1551(a)(4)(C) (related to 49:1374(a)(2)) | Rep. |
| 1551(a)(4)(C) (related to 49:1374(b)) | 41310 |
| 1551(a)(5)(A)–(C), (D) (related to 49:1482(d), (e), (g)) | Rep. |
| 1551(a)(5)(D) (related to 49:1482(h)) | 41508 |
| 1551(a)(5)(D) (related to 49:1482(i)) | Rep. |
| 1551(a)(6) (related to 49:1382) | 41309 |
| 1551(a)(6) (related to 49:1384) | 41308 |
| 1551(a)(7) | Rep. |
| 1551(a)(8) | 41107, 41901–41903 |
| 1551(b)(1)(A) | Rep. |
| 1551(b)(1)(B) | 40105 |
| 1551(b)(1)(C) (related to 49:1378, 1379) | Rep. |
| 1551(b)(1)(C) (related to 49:1382(a), (b)) | 41309 |
| 1551(b)(1)(C) (related to 49:1382(c)) | 42111 |
| 1551(b)(1)(C) (related to 49:1384) | 41308 |
| 1551(b)(1)(D) | 41901; T. 39 §5402 |
| 1551(b)(1)(E) | 10526, 10749, 40101–40103, 40105, 40106, 40109, 40113, 40114, 40118, 41102–41112, 41302–41307, 41312, 41502–41511, 41701, 41703, 41704, 41708–41713, 41901–41903, 41907, 41910, 44712, 46101–46107, 46109, 46110, 46301–46305, 46309, 46311, 46313, 46316, 47501; T. 18 §6001; T. 39 §5007 |
| 1551(b)(2) | Rep. |
| 1551(b)(3) | 41107, 41901–41903 |
| 1551(c)–(e) | Rep. |
| 1552(a)(1) (1st sentence) | 42102 |
| 1552(a)(1) (last sentence) | 42101 |
| 1552(a)(2)–(c) | 42102 |
| 1552(d)(1), (2) (1st–3d sentences) | 42103 |
| 1552(d)(2)(4th sentence) | 42102 |
| 1552(d)(2) (last sentence), (3) | 42103 |
| 1552(e) | 42102 |
| 1552(f) | 42104 |
| 1552(g) | 42105 |
| 1552(h) | 42101 |
| 1552(i) | 42101–42103 |
| 1552(j) | 42106 |
| 1553(a)(1)–(5) | Rep. |
| 1553(a)(6) | T. 42 §6362 |
| 1553(a)(7) | T. 2 §451 |
| 1553(a)(8)–(10), (b) | Rep. |
| 1553(c) | 41901 |
| 1554–1557 | Rep. |
| 1601–1601b | 5301 |
| 1601c | 308(e) |
| 1602(a)(1), (2)(A), (B) | 5309 |
| 1602(a)(2)(C) | 5323 |
| 1602(a)(3)–(5) | 5309 |
| 1602(a)(6)–(8) | 5328 |
| 1602(b), (c) | 5309 |
| 1602(d)–(g) | 5323 |
| 1602(h) | 5337 |
| 1602(i)–(l) | 5309 |
| 1602(m) (1st sentence) | 5338 |
| 1602(m) (2d–last sentences) | 5318 |
| 1602(n), 1602 note | 5309 |
| 1602–1 | Rep. |
| 1602a | 5323 |
| 1603(a) | 5309 |
| 1603(b)(1) | 5335 |
| 1603(b)(2) | Rep. |
| 1603(c) (1st sentence) | 5312 |
| 1603(c) (last sentence) | 5338 |
| 1603(d) | 5309 |
| 1604, 1604a | Rep. |
| 1604b | 5310 |
| 1605(a) | 5312 |
| 1605(b), (c) | Rep. |
| 1605(d) | 5312 |
| 1606(a) | 5324 |
| 1606(b) | Rep. |
| 1607(a) (1st sentence) | 5301 |
| 1607(a) (2d–last sentences), (b)–(g) | 5303 |
| 1607(h) | 5304 |
| 1607(i), (j) | 5305 |
| 1607(k) | 5334 |
| 1607(l) | 5305 |
| 1607(m) | 5306 |
| 1607(n) | 5303 |
| 1607(o) | 5306 |
| 1607(p) | 5303 |
| 1607(q) | 5323 |
| 1607a(a)–(d) | 5336 |
| 1607a(e)(1) | 5307, 5336 |
| 1607a(e)(2)–(k)(1) | 5307 |
| 1607a(k)(2) | 5336 |
| 1607a(k)(3), (l) | Rep. |
| 1607a(m)(1) | 5307 |
| 1607a(m)(2)–(o) | 5336 |
| 1607a(p) | 5307 |
| 1607a(q) | 5336 |
| 1607a(r) | 5307 |
| 1607a(s), (t) | 5336 |
| 1607a note | 5307 |
| 1607a–1 | Rep. |
| 1607a–2(a), (b) | 5308 |
| 1607a–2(c) | 5338 |
| 1607b, 1607c(a) | 5312 |
| 1607c(b)(1)–(8)(B)(ii) | 5317 |
| 1607c(b)(8)(B)(iii) | 5338 |
| 1607c(b)(8)(B)(iv)–(10)(B) | 5317 |
| 1607c(b)(10)(C) | 5338 |
| 1607c(b)(10)(D)–(12) | 5317 |
| 1607c(b)(13) | 5338 |
| 1607c(b)(14), (15) | 5317 |
| 1607c(c)(1)–(5) | 5316 |
| 1607c(c)(6) | 5338 |
| 1607c(c)(7) | 5316 |
| 1608(a) | 5334 |
| 1608(b) | 5325 |
| 1608(c) | 5302 |
| 1608(d) | 5324 |
| 1608(e) | 5323 |
| 1608(f) | 10531 |
| 1608(g), (h)(1) | 5323 |
| 1608(h)(2) | 5302 |
| 1608(i) | 5334 |
| 1608(j) | 5323 |
| 1608(k) | 5334 |
| 1608(l) | 5326 |
| 1608(m) | 5323 |
| 1608 notes | 5302, 5318 |
| 1608 note (related to authority and functions reserved to Secretary of Housing and Urban Development) | 5334 |
| 1609 | 5333 |
| 1610(a) (1st sentence) | 5301 |
| 1610(a) (last sentence)–(c) | 5324 |
| 1611(a), (b) | 5335 |
| 1611(c) | Rep. |
| 1612(a) | 5301 |
| 1612(b) (1st sentence) | 5310 |
| 1612(b) (last sentence) | 5338 |
| 1612(c) | 5310 |
| 1612(d) | 5338 |
| 1612(e), (f) | 5310 |
| 1613 | Rep. |
| 1614(a) (1st, 2d sentences) | 5311 |
| 1614(a) (last sentence) | 5338 |
| 1614(b)–(f) | 5311 |
| 1614(g) (related to 1612(b)) | 5310 |
| 1614(g) (related to this section)–(i) | 5311 |
| 1615(a)[no (b)] | 5332 |
| 1616 | 5322 |
| 1617 | 5338 |
| 1618 | 5329 |
| 1618a | 5331 |
| 1619 | 5327 |
| 1620 | 5321 |
| 1621 | 5319 |
| 1622(a) | 5313 |
| 1622(b)(1)–(8) (related to this subsection) | 5314 |
| 1622(b)(8) (related to subsection (a)(1)) | 5313 |
| 1622(c) | 5320 |
| 1623 | 5335 |
| 1624 | 5330 |
| 1625(a)–(c) | 5315 |
| 1625(d) | 5338 |
| 1631–1633 | Elim. |
| 1634 | 329 |
| 1635–1641 | Elim. |
| 1642, 1643 | Rep. |
| 1651(a), (b)(1) | 101 |
| 1651(b)(2) | 303 |
| 1652(a)–(d) | 102 |
| 1652(e) (related to FAA) | 106 |
| 1652(e)(1) (related to FHWA) | 104 |
| 1652(e)(1) (related to FRA) | 103 |
| 1652(e)(3) (related to USCG) | 108 |
| 1652(e)(3) (related to FHWA) | 104 |
| 1652(e)(3) (related to FRA) | 103 |
| 1652(e)(4) (related to FHWA) | 104 |
| 1652(e)(4) (related to FRA) | 103 |
| 1652(f) | Rep. |
| 1652a | 103 |
| 1652b | 44931 |
| 1652b note | 337 |
| 1653(a) | 301 |
| 1653(b) | 302 |
| 1653(c) | 351 |
| 1653(d) | 352 |
| 1653(e) | 307 |
| 1653(f) | 303 |
| 1653(g) | 304 |
| 1653(h) | Rep. |
| 1653(i)(1) | 5562 |
| 1653(i)(2) | 5563 |
| 1653(i)(3) | 5564 |
| 1653(i)(4) | 5562 |
| 1653(i)(5) | 5565 |
| 1653(i)(6) | Rep. |
| 1653(i)(7) | 5567 |
| 1653(i)(8) | 5566 |
| 1653(i)(9) | 5568 |
| 1653(i)(10) | 5561 |
| 1653(i)(11) | 5562 |
| 1653 note | 335 |
| 1653a | Rep. |
| 1654(a)–(e) | 333 |
| 1654(a) | 22102 |
| 1654(b), (c) | 22101 |
| 1654(d) | 22106 |
| 1654(e) | 22105 |
| 1654(f) | 22103 |
| 1654(g) | 22104 |
| 1654(h) | 22108 |
| 1654(i) | 22106 |
| 1654(j) | 22105 |
| 1654(k)–(m) | 22107 |
| 1654(n)–(p) | 22101 |
| 1654(q) | 22108 |
| 1654a | 308(d) |
| 1655(a)(1)(A) | Rep. |
| 1655(a)(1)(B), (C) | (See §2 of Pub. L. 97–449.) |
| 1655(a)(1)(D) | Rep. |
| 1655(a)(1)(E)–(M) | (See §2 of Pub. L. 97–449.) |
| 1655(a)(2)(A) (related to 49:1634) | 329 |
| 1655(a)(2), (3) | Rep. |
| 1655(a)(4) | (See §2 of Pub. L. 97–449.) |
| 1655(a)(5) | Rep. |
| 1655(a)(6)(A) | 30102 |
| 1655(a)(6)(B) | (See §2 of Pub. L. 97–449.) |
| 1655(b)(1), (2) | 108 |
| 1655(b)(3) | Rep. |
| 1655(c)(1) (1st sentence proviso, 2d, last sentences) | 106 |
| 1655(c)(1) | 1116, 1131, 1132, 1153, 40101–40109, 40113, 40114, 44103–44105, 44107, 44110, 44501, 44502, 44504, 44505, 44701–44705, 44707–44709, 44711, 44713, 44720, 44721, 45303, 46101–46107, 46110, 46301, 46304, 46308, 46311, 46313, 46316, 47151–47153, 47302–47306 |
| 1655(c)(2) | Rep. |
| 1655(d) (1st sentence) | 1112, 1113, 1116, 1131, 1132, 1134, 1151–1155 |
| 1655(d) (last sentence) | 1153 |
| 1655(e)(1)(A) | 20302, 21302 |
| 1655(e)(1)(B) | 20302 |
| 1655(e)(1)(C) | 20302, 21302 |
| 1655(e)(1)(D) | Rep. |
| 1655(e)(1)(E), (F) | 20701–20703, 21302 |
| 1655(e)(1)(G) | 20702, 20703, 21302 |
| 1655(e)(1)(H) | Rep. |
| 1655(e)(1)(I) | 20305, 20504 |
| 1655(e)(1)(J) | 20305 |
| 1655(e)(1)(K) | 20901, 20902, 21302 |
| 1655(e)(2) | Rep. |
| 1655(e)(3) | 80504 |
| 1655(e)(4) | Rep. |
| 1655(e)(5) | (See §2 of Pub. L. 97–449.) |
| 1655(e)(6)(A) | 20502–20505, 21302 |
| 1655(e)(6)(B) | 3103 |
| 1655(e)(6)(C) | 3102, 3103 |
| 1655(e)(6)(D) (related to “Sec. 321(a), (c)”) | 503 |
| 1655(e)(6)(D) (related to “Sec. 324”) | 3104 |
| 1655(f)(1) | Rep. |
| 1655(f)(2) | 501, 502, 504–507, 521–526 |
| 1655(f)(3)(A), (C) (related to FRA) | 103 |
| 1655(f)(3)(B), (C) (related to FHWA) | 104 |
| 1655(g)(1)–(3), (4)(A), (B), (E), (5), (6) | (See §2 of Pub. L. 97–449.) |
| 1655(h), (i) | Rep. |
| 1656(less (a) next-to-last par.) | 305 |
| 1656(a) (next-to-last par.) | (See T. 42 §1962a–2(a).) |
| 1657(a), (b) | 323 |
| 1657(c), (d) | 324 |
| 1657(e)–(g) | 322 |
| 1657(h), (i) | Rep. |
| 1657(j) | 327 |
| 1657(k) | 102 |
| 1657(l) | 331 |
| 1657(m) | 326 |
| 1657(n) | 329 |
| 1657(o) | 325 |
| 1657(p) | 324 |
| 1657(q)(1)–(3) | 330 |
| 1657(q)(4) | Rep. |
| 1657(r) | 328 |
| 1657–1 | 353 |
| 1657a | 332 |
| 1658 | 308(a) |
| 1659 | Rep. |
| 1660 | 335 |
| 1671(1)–(4) (1st–32d words) | 60101 |
| 1671(4) (33d–last words) | 60104 |
| 1671(5), (6) | 60101 |
| 1671(7) | 60115 |
| 1671(8)–(17) | 60101 |
| 1671 note | 60101 |
| 1672(a)(1) (1st–5th sentences) | 60102 |
| 1672(a)(1) (6th sentence) | 60104 |
| 1672(a)(1) (7th, 8th sentences) | 60102 |
| 1672(a)(1) (9th, last sentences) | 60104 |
| 1672(a)(2), (3), (b) | 60102 |
| 1672(c) | 60104 |
| 1672(d) | 60118 |
| 1672(e)–(g) | 60102 |
| 1672(h) | 60108 |
| 1672(i) | 60109 |
| 1672(j) | 60110 |
| 1672(k) | 60113 |
| 1673 | 60115 |
| 1674(a) | 60105 |
| 1674(b), (c) (related to agreement) | 60106 |
| 1674(c) (related to certification) | 60105 |
| 1674(d) | 60107 |
| 1674(e) | 60105 |
| 1674(f) | 60106 |
| 1674a | 60103 |
| 1674b(a) | Rep. |
| 1674b(b)(1)–(3) | 60111 |
| 1674b(b)(4) | 60119 |
| 1674b(c) | 60111 |
| 1675 | 60119 |
| 1676(a) | 60104 |
| 1676(b) | 60117 |
| 1677(a), (b)(1) | 60118 |
| 1677(b)(2), (c) | 60120 |
| 1678, 1679 | Rep. |
| 1679a(a), (b) | 60122 |
| 1679a(c) | 60123 |
| 1679a(d) | 60122 |
| 1679b(a) | 60120 |
| 1679b(b) | 60112 |
| 1680 | 60108 |
| 1681(a)–(e) | 60117 |
| 1681(f) | 60120 |
| 1682 | 60117 |
| 1682 note | 60117 |
| 1682a | 60301 |
| 1683 | 60124 |
| 1684(a) | 60125 |
| 1684(b) | Rep. |
| 1684(c)–(e) | 60125 |
| 1684(f) | Rep. |
| 1685(a) | 60116 |
| 1685(b) | 60113 |
| 1686 | 60121 |
| 1687(a)–(e) | 60114 |
| 1687(f) | 60125 |
| 1687(g) | 60123 |
| 1687(h) | 60114 |
| 1688 | 60101 |
| 1701–1703 | Rep. |
| 1704 | 44503 |
| 1711–1713 | Rep. |
| 1713a | 47127 |
| 1714–1730 | Rep. |
| 1731 | 47106 |
| 1741 | 80503 |
| 1742 | Rep. |
| 1743 | 44502 |
| 1761, 1762 | Rep. |
| 1801 | 5101 |
| 1802 | 5102 |
| 1803, 1804(a)(1)–(3) | 5103 |
| 1804(a)(4), (5) | 5125 |
| 1804(b)(1)–(3) | 5112 |
| 1804(b)(4) | 5125 |
| 1804(b)(5)–(9), (c) | 5112 |
| 1804(d) | 5120 |
| 1804(e), (f) | 5104 |
| 1804(g) | 5110 |
| 1805(a) | 5106 |
| 1805(b) | 5107 |
| 1805(c) | 5108 |
| 1805(d) | 5109 |
| 1805(e), (f) | Rep. |
| 1805 note | 5109 |
| 1806 | 5117 |
| 1807 | 5114 |
| 1808(a) (1st sentence, last sentence words before semicolon) | 5121 |
| 1808(a) (last sentence words after semicolon) | 5122 |
| 1808(b)–(e) | 5121 |
| 1809(a) | 5123 |
| 1809(b) | 5124 |
| 1810 | 5122 |
| 1811(a)–(e) | 5125 |
| 1811(f) | 5126 |
| 1812 | 5127 |
| 1813 | 5105 |
| 1813 note | 5105, 5118 |
| 1814 | 5113 |
| 1815(a)–(f) | 5116 |
| 1815(g)(1)–(6) | 5115 |
| 1815(g)(7) | 5116 |
| 1815(g)(8) | 5115 |
| 1815(g)(9) | 5116 |
| 1815(h)(1)–(5) | 5108 |
| 1815(h)(6) | 5116 |
| 1815(i) | 5127 |
| 1816(a)–(c) | 5107 |
| 1816(d) | 5127 |
| 1817 | 5111 |
| 1818 | 5126 |
| 1819(a)–(g) | 5119 |
| 1819(h) | 5127 |
| 1901 | Rep. |
| 1902 | 1111 |
| 1903(a)(1)(A) | 1112, 1113, 1116, 1131, 1132, 1134, 1151, 1152, 1154, 1155 |
| 1903(a)(1)(B)–(2) | 1131 |
| 1903(a)(3)–(8) | 1116 |
| 1903(a)(9) | 1133 |
| 1903(b)(1) | 1113 |
| 1903(b)(2) | 1134 |
| 1903(b)(3), (4) | 1113 |
| 1903(b)(5) | 1134 |
| 1903(b)(6)–(9) | 1113 |
| 1903(b)(10) | 1115 |
| 1903(b)(11) | 1114 |
| 1903(b)(12) | 1113 |
| 1903(c) | 1154 |
| 1903(d) | 1153 |
| 1904 | 1117 |
| 1905(a)–(c)(2) | 1114 |
| 1905(c)(3) | 1114, 1154 |
| 1905(d) | 1154 |
| 1906 | 1135 |
| 1907 | 1118 |
| 2001(1)–(4) (1st–27th words) | 60101 |
| 2001(4) (28th–last words) | 60104 |
| 2001(5)–(9) | 60101 |
| 2001(10) | 60115 |
| 2001(11) | 60101 |
| 2001 note | 60101 |
| 2002(a)–(c) (4th sentence) | 60102 |
| 2002(c) (last sentence), (d) | 60104 |
| 2002(e), (f) | 60102 |
| 2002(g) | 60104 |
| 2002(h) | 60118 |
| 2002(i)–(k) | 60102 |
| 2002(l) | 60108 |
| 2002(m) | 60109 |
| 2002(n) | 60102 |
| 2003 | 60115 |
| 2004(a) | 60105 |
| 2004(b), (c) (related to agreement) | 60106 |
| 2004(c) (related to certification) | 60105 |
| 2004(d) | 60107 |
| 2004(e), (f) | 60105 |
| 2004(g) | 60106 |
| 2005 | 60119 |
| 2006(a), (b)(1) | 60118 |
| 2006(b)(2), (c) | 60120 |
| 2007(a), (b) | 60122 |
| 2007(c) | 60123 |
| 2007(d) | 60122 |
| 2008(a) | 60120 |
| 2008(b) | 60112 |
| 2009(a), (b) | 60108 |
| 2009(c) | Rep. |
| 2009(d) | 60108 |
| 2010(a)–(e) | 60117 |
| 2010(f) | 60120 |
| 2011 | 60117 |
| 2012 | 60124 |
| 2013(a) | 60125 |
| 2013(b) | Rep. |
| 2014 | 60121 |
| 2015, 2015 note | 60102 |
| 2016 | 60101 |
| 2101 | 47501 |
| 2102 | 47502 |
| 2103(a) | 47503 |
| 2103(b) | 47505 |
| 2104(a)–(d) | 47504 |
| 2104(e), 2105 | Rep. |
| 2106 | 47507 |
| 2107 | 47506 |
| 2108 | Rep. |
| 2121 | Rep. |
| 2122(a) | 47508 |
| 2122(b)–2124 | Rep. |
| 2125 | 47510 |
| 2151 | 47521 |
| 2152 | 47523 |
| 2153(a)–(g) | 47524 |
| 2153(h) | 47533 |
| 2154 | 47525 |
| 2155 | 47527 |
| 2156 | 47526 |
| 2157(a)–(c) | 47528 |
| 2157(d) | 47530 |
| 2157(e) | 47531 |
| 2157(f) | 47532 |
| 2157(g) | 47528 |
| 2157(h) | 47522 |
| 2157(i) | 47528 |
| 2158 | 47529 |
| 2201 | 47101 |
| 2202(a)(1)–(5) | 47102 |
| 2202(a)(6) | 47107 |
| 2202(a)(7) | 47102 |
| 2202(a)(8) | 47102, 47106 |
| 2202(a)(9), (10) | 47102 |
| 2202(a)(11) | 47117 |
| 2202(a)(12)–(19) | 47102 |
| 2202(a)(20) | 47101 |
| 2202(a)(21)–(23) | 47102 |
| 2202(a)(24) | 47104, 47107, 48101–48104, 48108 |
| 2202(a)(25) | Rep. |
| 2202(b) | 47102 |
| 2203(a) | 47103 |
| 2203(b) | 44501 |
| 2203(c), (d)(1) | 47103 |
| 2203(d)(2) | Rep. |
| 2204(a) (1st sentence) | 47104 |
| 2204(a) (2d sentence) | 48103 |
| 2204(a) (last sentence) | Rep. |
| 2204(b)(1) | 47104 |
| 2204(b)(2) | 47107 |
| 2204(c) | Rep. |
| 2204(d) | 47113 |
| 2204 note | 47104 |
| 2205(a)(1), (2) | 48101 |
| 2205(a)(3) | 44502 |
| 2205(b)(1) | 44509 |
| 2205(b)(2)–(5) | 48102 |
| 2205(c) | 48104 |
| 2205(d) | 48105 |
| 2205(e)(1)–(3) | 48108 |
| 2205(e)(4) | 47117 |
| 2205(e)(5) | 48108 |
| 2205(f) | 48109 |
| 2205 note | 44502 |
| 2206(a), (b)(1)–(5)(C) | 47114 |
| 2206(b)(5)(D) | 47117 |
| 2206(b)(5)(E), (F), (6), (7) | 47114 |
| 2206(c) | 47115 |
| 2206(d) | 47116 |
| 2206(e), (f) | 47114 |
| 2206 note | 47115 |
| 2207(a)–(e)(2) | 47117 |
| 2207(e)(3) | Rep. |
| 2207(f) | 47118 |
| 2208(a)(1) | 47105 |
| 2208(a)(2) | Rep. |
| 2208(a)(3) | 47105 |
| 2208(b)(1)(A)–(D) | 47106 |
| 2208(b)(1)(E) | 47107 |
| 2208(b)(2)–(4) | 47106 |
| 2208(b)(5) (1st sentence, last sentence words before 11th comma) | 47101 |
| 2208(b)(5) (last sentence words after 11th comma)–(8) | 47106 |
| 2208(b)(9) | 47120 |
| 2208(c)–(e) | 47105 |
| 2209 | 47109 |
| 2210(a), (b) | 47107 |
| 2210(c) | 47105 |
| 2210(d)–(h) | 47107 |
| 2210 note | 47107 |
| 2211 | 47108 |
| 2212(a), (b)(1) | 47110 |
| 2212(b)(2)–(4) | 47119 |
| 2212(b)(5) | 47109 |
| 2212(b)(6), (c), (d) | 47110 |
| 2213 | 47111 |
| 2214 | 47112 |
| 2215 | 47125 |
| 2216 | 47126 |
| 2217 | 47121 |
| 2218(a) | 47122 |
| 2218(b) (related to application) | 47106 |
| 2218(b) (related to payment) | 47111 |
| 2219 | 47123 |
| 2220 | 47129 |
| 2221 | Rep. |
| 2222, 2222 note | 47124 |
| 2223 | Rep. |
| 2224 | 44514 |
| 2225 | 44913 |
| 2226 | 49104 |
| 2226a | 49101 |
| 2226b | 49105 |
| 2226c | 49102 |
| 2226d | 49103 |
| 2227 | 47128 |
| 2301 | 31101 |
| 2302 | 31102 |
| 2302 notes | 31104, 31307 |
| 2303 | 31103 |
| 2304, 2304 note | 31104 |
| 2305 | 31105 |
| 2306 | 31106 |
| 2307 | 31107 |
| 2311(a)–(i) | 31111 |
| 2311(j) | 31112 |
| 2312 | 31114 |
| 2313 | 31115 |
| 2314, 2315 | Rep. |
| 2316 | 31113 |
| 2401–2407 | Elim. |
| 2421–2433 | Elim. |
| 2451–2461 | 49101–49109 |
| 2501 | 31131 |
| 2501 notes | 5113, 31161 |
| 2502 | 31131 |
| 2503 | 31132 |
| 2504 | 31135 |
| 2505 | 31136 |
| 2505 note | 31137 |
| 2506 | 31140 |
| 2507 | 31141 |
| 2508 | 31134 |
| 2509 | 31142 |
| 2510 | 31133 |
| 2511 | 31143 |
| 2511a | 31162 |
| 2512 | 31144 |
| 2513–2517(a) | Rep. |
| 2517(b) | 31145 |
| 2518 | 31146 |
| 2519 | 31147 |
| 2520 | Rep. |
| 2521 | 31137 |
| 2601, 2602 | 70101 |
| 2603 | 70102 |
| 2604(a)(1) | 70103 |
| 2604(a)(2) | 70116 |
| 2604(b) | 70103 |
| 2605(a), (b) | 70104 |
| 2605(c) | 70117 |
| 2606 (1st sentence) | 70105 |
| 2606 (last sentence) | 70107 |
| 2607, 2608(a), (b) | 70105 |
| 2608(c) | 70114 |
| 2609 | 70107 |
| 2610 | 70108 |
| 2611 | 70110 |
| 2612 | Rep. |
| 2613 | 70106 |
| 2614(a), (b)(1)–(3) | 70111 |
| 2614(b)(4) | 70109 |
| 2614(c) | 70112 |
| 2614(d) | 70111 |
| 2615(a) | 70112 |
| 2615(b) | 70113 |
| 2615(c) | 70112 |
| 2616–2618 | 70115 |
| 2619 | 70116 |
| 2620 | 70117 |
| 2621, 2622 | Rep. |
| 2623 (last sentence) | 70118 |
| 2623 (less last sentence) | 70119 |
| 2701 | 31302 |
| 2702 | 31303 |
| 2703 | 31304 |
| 2704(a), (b) | 31305 |
| 2704(c)–(e) | 31312 |
| 2705 | 31308 |
| 2706, 2706 note | 31309 |
| 2707 | 31310 |
| 2708 | 31311 |
| 2709 | 31313 |
| 2710 | 31314 |
| 2711 | 31315 |
| 2712, 2713 | Rep. |
| 2714 | 31316 |
| 2715 | 31317 |
| 2716 | 31301 |
| 2717 | 31306 |
| 2718 | 31310 |
| 2801 | 5701 |
| 2801 note | 5713 |
| 2802 | 5702 |
| 2803 | 5703 |
| 2804 | 5704 |
| 2805 | 5705 |
| 2806 | 5706 |
| 2807 | 5707 |
| 2808 | 5708 |
| 2809 | 5710 |
| 2810 | 5711 |
| 2811 | 5712 |
| 2812 | 5714 |
Section 1(a) of Pub. L. 103–272, July 5, 1994, 108 Stat. 745, provided that: “Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, ‘Transportation’. Those laws may be cited as ‘49 U.S.C. ————’.”
Section 1(a) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, provided that: “Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, ‘Transportation’. Those laws may be cited as ‘49 U.S.C. §————’.”
Section 1 of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337, provided in part: “That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as [subtitle IV of] title 49, United States Code, ‘Transportation’.”
Pub. L. 100–561, title III, §308, Oct. 31, 1988, 102 Stat. 2817, which provided that Pub. L. 95–473 did not repeal and had no substantive effect on any rights, obligations, liabilities, or remedies of oil pipelines, including those arising under any provisions of the Interstate Commerce Act or the Pomerene Bills of Lading Act, before any Federal department or agency or official thereof or a court of competent jurisdiction, was repealed and reenacted as section 60503 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.
Section 4 of Pub. L. 105–102, Nov. 20, 1997, 111 Stat. 2216, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Section 9 of Pub. L. 104–287, Oct. 11, 1996, 110 Stat. 3400, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Section 10 of Pub. L. 103–429, Oct. 31, 1994, 108 Stat. 4391, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
Section 6 of Pub. L. 103–272, July 5, 1994, 108 Stat. 1378, provided that:
“(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before July 1, 1993, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after June 30, 1993, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 5 of Pub. L. 98–216, Feb. 14, 1984, 98 Stat. 7, provided that:
“(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1–4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 6 of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2443, provided that:
“(a) Sections 1–5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1–5 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1–5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1–5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 2 of Pub. L. 96–258, June 3, 1980, 94 Stat. 427, provided that:
“(a) Section 1 of this Act [enacting section 11351 of this title and amending sections 10324, 10327, 10382, 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11121, 11304, 11707, 11909, 11912, and 11914 of this title] restates, without substantive change, laws enacted before April 24, 1979, that were replaced by that section. That section may not be construed as making a substantive change in the laws replaced. Laws enacted after April 23, 1979, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
“(b) A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 3 of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1466, provided that:
“(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before May 16, 1978, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after May 15, 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
“(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
“(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
“(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
“(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
“(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.”
Section 5(a) of Pub. L. 105–102, Nov. 20, 1997, 111 Stat. 2216, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 5(b) of Pub. L. 105–102, Nov. 20, 1997, 111 Stat. 2217, as amended by Pub. L. 105–225, §7(c)(2), Aug. 12, 1998, 112 Stat. 1511, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Nov. 20, 1997.
Section 10(a) of Pub. L. 104–287, Oct. 11, 1996, 110 Stat. 3401, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 10(b) of Pub. L. 104–287, Oct. 11, 1996, 110 Stat. 3401, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 11, 1996.
Section 11(a) of Pub. L. 103–429, Oct. 31, 1994, 108 Stat. 4391, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 11(b) of Pub. L. 103–429, Oct. 31, 1994, 108 Stat. 4391, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 31, 1994.
Section 7(a) of Pub. L. 103–272, July 5, 1994, 108 Stat. 1379, provided that: “The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal.”
Section 7(b) of Pub. L. 103–272, July 5, 1994, 108 Stat. 1379, as amended by Pub. L. 103–429, §7(a)(5), Oct. 31, 1994, 108 Stat. 4389, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 5, 1994.
Section 6(a) of Pub. L. 98–216, Feb. 14, 1984, 98 Stat. 7, provided that: “The repeal of a law enacted [the word “enacted” probably should not appear] by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 6(b) of Pub. L. 98–216, Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984.
Section 7(a) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2443, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 7(b) of Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2443, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983.
Section 3(a) of Pub. L. 96–258, June 3, 1980, 94 Stat. 427, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 3(b) of Pub. L. 96–258, June 3, 1980, 94 Stat. 427, repealed certain sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to applicability of such Act, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before June 3, 1980.
Section 4(a) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1466, provided that: “The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal.”
Section 4(b) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1466, repealed the sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to the applicability of such Act, except as provided in section 4(c) of Pub. L. 95–473 and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 17, 1978.
Section 4(c) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1470, which provided that the laws specified in the schedule in section 4(b) of Pub. L. 95–473, as they existed on Oct. 1, 1977, were not repealed to the extent those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for transportation of oil by pipeline or valuation of any such pipeline, and those functions and authority were transferred by sections 7155 and 7172(b) of Title 42, The Public Health and Welfare, was repealed and reenacted in sections 60501 and 60502 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.
Section 4(d) of Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1470, as amended by Pub. L. 97–449, §4(b)(3), Jan. 12, 1983, 96 Stat. 2441, provided that: “The repeals, by subsection (b) of this section, of section 1(a)(25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 292, are effective on September 14, 1978.”
1995—Pub. L. 104–88, title II, §201(b), Dec. 29, 1995, 109 Stat. 940, added item for chapter 7.
2004—Pub. L. 108–426, §§2(c)(1), 4(e), Nov. 30, 2004, 118 Stat. 2424, 2426, substituted “Pipeline and Hazardous Materials Safety Administration” for “Coast Guard” in item 108 and “Research and Innovative Technology Administration” for “Research and Special Programs Administration” in item 112.
2001—Pub. L. 107–71, title I, §§101(b), 102(d), Nov. 19, 2001, 115 Stat. 602, 605, added items 114 and 115.
1999—Pub. L. 106–159, title I, §101(c)(1), Dec. 9, 1999, 113 Stat. 1751, added item 113.
1994—Pub. L. 103–272, §4(j)(5)(B), July 5, 1994, 108 Stat. 1366, as amended by Pub. L. 103–429, §7(a)(3)(C), Oct. 31, 1994, 108 Stat. 4388, struck out first item 110 “St. Lawrence Seaway Development Corporation”.
1992—Pub. L. 102–508, title IV, §401(b), Oct. 24, 1992, 106 Stat. 3310, added item 112.
1991—Pub. L. 102–240, title III, §3004(c)(3), title VI, §6006(c), Dec. 18, 1991, 105 Stat. 2088, 2174, substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in item 107 and added second item 110 and item 111.
(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
(b) A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102–240, title VI, §6018, Dec. 18, 1991, 105 Stat. 2183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101(a) | 49:1651(a). | Oct. 15, 1966, Pub. L. 89–670, §2(a), (b)(1), 80 Stat. 931. |
| 101(b) | 49:1651(b)(1). |
In subsections (a) and (b), the introductory declaratory words are omitted as surplus.
In subsection (a), the words “national objectives of” are inserted for clarity. The words “United States” are substituted for “Nation” and “Nation's”, respectively, for consistency. The word “contribute” is substituted for “conducive” because the substituted word is more commonly used. The word “those” is substituted for “utilization”.
In subsection (b)(2), the word “greatest” is substituted for “maximum” for consistency.
In subsection (b)(3) and (6), the word “national” is omitted before “transportation” as unnecessary and for consistency.
In subsection (b)(3), the word “persons” is substituted for “parties” as being more precise.
In subsection (b)(6), the words “transportation objectives” are substituted for “these objectives” for clarity and consistency. The words “full and appropriate” and “for approval” are omitted as surplus.
1991—Subsec. (b)(4). Pub. L. 102–240 inserted “, through research and development or otherwise” after “advances in transportation”.
Pub. L. 108–426, §1, Nov. 30, 2004, 118 Stat. 2423, provided that: “This Act [enacting section 108 of this title, amending sections 111, 112, 5118, and 5503 of this title, sections 5314 and 5316 of Title 5, Government Organization and Employees, section 844 of Title 18, Crimes and Criminal Procedure, section 2761 of Title 33, Navigation and Navigable Waters, and section 1121–2 of Title 46, Appendix, Shipping, enacting provisions set out as notes under sections 108 and 112 of this title, and amending provisions set out as a note under section 1135 of this title] may be cited as the ‘Norman Y. Mineta Research and Special Programs Improvement Act’.”
Pub. L. 106–159, §1(a), Dec. 9, 1999, 113 Stat. 1748, provided that: “This Act [see Tables for classification] may be cited as the ‘Motor Carrier Safety Improvement Act of 1999’.”
Pub. L. 104–88, §1(a), Dec. 29, 1995, 109 Stat. 803, provided that: “This Act [see Tables for classification] may be cited as the ‘ICC Termination Act of 1995’.”
Pub. L. 103–411, §1, Oct. 25, 1994, 108 Stat. 4236, provided that: “This Act [amending sections 1118, 1131, and 40102 of this title and enacting provisions set out as notes under sections 1131 and 40109 of this title] may be cited as the ‘Independent Safety Board Act Amendments of 1994’.”
Section 1 of Pub. L. 102–240 provided that: “This Act [see Tables for classification] may be cited as the ‘Intermodal Surface Transportation Efficiency Act of 1991’.”
Pub. L. 111–314, §4(d)(8), Dec. 18, 2010, 124 Stat. 3443, provided that: “In title 49, United States Code, references to ‘this title’ are deemed to refer also to chapters 509 and 511 of title 51, United States Code.”
Section 2 of Pub. L. 102–240, which provided that it was the policy of the United States to develop a National Intermodal Transportation System consisting of all forms of transportation in a unified, interconnected manner, a National Highway System, improvements in public transportation achieving goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged persons, was repealed and reenacted as section 5501 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 848, 1379.
Pub. L. 106–159, §2, Dec. 9, 1999, 113 Stat. 1749, provided that: “In this Act [see Tables for classification], the term ‘Secretary’ means the Secretary of Transportation.”
Section 3 of Pub. L. 102–240 provided that: “As used in this Act [see Short Title of 1991 Amendment note set out above], the term ‘Secretary’ means the Secretary of Transportation.”
Ex. Ord. No. 13330, Feb. 24, 2004, 69 F.R. 9185, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance access to transportation to improve mobility, employment opportunities, and access to community services for persons who are transportation-disadvantaged, it is hereby ordered as follows:
(a) A strong America depends on citizens who are productive and who actively participate in the life of their communities.
(b) Transportation plays a critical role in providing access to employment, medical and health care, education, and other community services and amenities. The importance of this role is underscored by the variety of transportation programs that have been created in conjunction with health and human service programs, and by the significant Federal investment in accessible public transportation systems throughout the Nation.
(c) These transportation resources, however, are often difficult for citizens to understand and access, and are more costly than necessary due to inconsistent and unnecessary Federal and State program rules and restrictions.
(d) A broad range of Federal program funding allows for the purchase or provision of transportation services and resources for persons who are transportation-disadvantaged. Yet, in too many communities, these services and resources are fragmented, unused, or altogether unavailable.
(e) Federally assisted community transportation services should be seamless, comprehensive, and accessible to those who rely on them for their lives and livelihoods. For persons with mobility limitations related to advanced age, persons with disabilities, and persons struggling for self-sufficiency, transportation within and between our communities should be as available and affordable as possible.
(f) The development, implementation, and maintenance of responsive, comprehensive, coordinated community transportation systems is essential for persons with disabilities, persons with low incomes, and older adults who rely on such transportation to fully participate in their communities.
(b) For the purposes of this order, persons who are transportation-disadvantaged are persons who qualify for Federally conducted or Federally assisted transportation-related programs or services due to disability, income, or advanced age.
(i) the Secretaries of Transportation, Health and Human Services, Education, Labor, Veterans Affairs, Agriculture, Housing and Urban Development, and the Interior, the Attorney General, and the Commissioner of Social Security; and
(ii) such other Federal officials as the Chairperson of the Council may designate.
(b) The Secretary of Transportation, or the Secretary's designee, shall serve as the Chairperson of the Council. The Chairperson shall convene and preside at meetings of the Council, determine its agenda, direct its work, and, as appropriate to particular subject matters, establish and direct subgroups of the Council, which shall consist exclusively of the Council's members.
(c) A member of the Council may designate any person who is part of the member's agency and who is an officer appointed by the President or a full-time employee serving in a position with pay equal to or greater than the minimum rate payable for GS–15 of the General Schedule to perform functions of the Council or its subgroups on the member's behalf.
(a) promote interagency cooperation and the establishment of appropriate mechanisms to minimize duplication and overlap of Federal programs and services so that transportation-disadvantaged persons have access to more transportation services;
(b) facilitate access to the most appropriate, cost-effective transportation services within existing resources;
(c) encourage enhanced customer access to the variety of transportation and resources available;
(d) formulate and implement administrative, policy, and procedural mechanisms that enhance transportation services at all levels; and
(e) develop and implement a method for monitoring progress on achieving the goals of this order.
(a) Identify those Federal, State, Tribal and local laws, regulations, procedures, and actions that have proven to be most useful and appropriate in coordinating transportation services for the targeted populations;
(b) Identify substantive and procedural requirements of transportation-related Federal laws and regulations that are duplicative or restrict the laws’ and regulations’ most efficient operation;
(c) Describe the results achieved, on an agency and program basis, in: (i) simplifying access to transportation services for persons with disabilities, persons with low income, and older adults; (ii) providing the most appropriate, cost-effective transportation services within existing resources; and (iii) reducing duplication to make funds available for more services to more such persons;
(d) Provide recommendations to simplify and coordinate applicable substantive, procedural, and administrative requirements; and
(e) Provide any other recommendations that would, in the judgment of the Council, advance the principles set forth in section 1 of this order.
(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.
George W. Bush.
(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.
(e) The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant.
(f)
(1)
(2)
(A)
(B)
(g)
(1)
(A) department-wide research, strategies, and actions under the Department's statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and
(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.
(2)
(h) The Department shall have a seal that shall be judicially recognized.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–557, §26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103–272, §4(j)(1), July 5, 1994, 108 Stat. 1365; Pub. L. 107–295, title II, §215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102; Pub. L. 109–59, title I, §1119(l), Aug. 10, 2005, 119 Stat. 1189; Pub. L. 110–140, title XI, §1101(a), Dec. 19, 2007, 121 Stat. 1756.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102(a) | 49:1652(a) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §3(a), (c), (d), 80 Stat. 931. |
| 102(b) | 49:1652(a) (less 1st sentence). | |
| 102(c) | 49:1652(b) (less words between parentheses). | Oct 15, 1966, Pub. L. 89–670, §3(b), 80 Stat. 931; Oct. 28, 1974, Pub. L. 93–496, §16(a), 88 Stat. 1533. |
| 102(d) | 49:1652(b) (words between parentheses), (c), (d). | |
| 102(e) | 49:1657(k). | Oct. 15, 1966, Pub. L. 89–670, §9(k), 80 Stat. 946. |
In subsection (a), the words “There is hereby established” and “to be known as” are omitted as executed. The words “(hereafter referred to in this chapter as the ‘Department’)” are omitted as unnecessary because of the style used in codifying the revised title. The words “of the United States Government” are added for clarity.
In subsection (b), the words “(hereafter referred to in this chapter as the ‘Secretary’)” are omitted as unnecessary because of the style used in codifying the revised title.
In subsection (c), the words “carry out duties and powers” and “acts for” are substituted for “act for and exercise the powers of” and “perform such functions, powers, and duties”, respectively, for consistency and to eliminate surplus words. The words “unable to serve” are substituted for “disability” for consistency and clarity.
In subsection (d), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The words “from time to time” are omitted as surplus. The words “acts for” are substituted for “act for, and exercise the powers of” for consistency and to eliminate surplus words. The words “when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant” are substituted for “during the absence or disability of the Deputy Secretary, or in the event of a vacancy in the office of a Deputy Secretary” as being more precise and for consistency.
In subsection (e), the words “The Secretary shall cause a . . . of office” and “of such device” are omitted as unnecessary because of the restatement. The words “as he shall approve” are omitted as unnecessary because subsection (b) of the section establishes the Secretary of Transportation as the head of the Department of Transportation.
2007—Subsecs. (g), (h). Pub. L. 110–140 added subsec. (g) and redesignated former subsec. (g) as (h).
2005—Subsecs. (f), (g). Pub. L. 109–59, which directed amendment of this section by adding subsec. (f) and redesignating former subsecs. (f) and (g) as (g) and (h), respectively, was executed by adding subsec. (f) and redesignating former subsec. (f) as (g), to reflect the probable intent of Congress. See 2002 Amendment note below.
2002—Subsec. (d). Pub. L. 107–295, §215(a)(2), added subsec. (d). Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 107–295, §215(a)(3), which directed the substitution of “Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy” for “Secretary and the Deputy Secretary” each place it appears in last sentence, was executed by making substitution for “Secretary and the Deputy Secretary” before “are absent” and for “Secretary and Deputy Secretary” before “are vacant”, to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 107–295, §215(c), struck out subsec. (g) which read as follows: “The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary.”
Pub. L. 107–295, §215(a)(1), redesignated subsec. (d) as (g).
1994—Subsecs. (e), (f). Pub. L. 103–272 redesignated subsec. (e), relating to judicial recognition of Department seal, as (f).
1984—Subsecs. (d), (e). Pub. L. 98–557 added subsec. (d) and redesignated former subsec. (d), relating to Assistant Secretaries and General Counsel, as (e).
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Pub. L. 107–295, title II, §215(c), Nov. 25, 2002, 116 Stat. 2102, provided that the amendment to this section made by section 215(c) is effective on the date that an individual is appointed to the position of Under Secretary of Transportation for Policy under subsection (d) of this section. On Mar. 19, 2003, the United States Senate confirmed the appointment of the first Under Secretary of Transportation for Policy.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 110–140, title XI, §1101(b), Dec. 19, 2007, 121 Stat. 1756, provided that: “The Office of Climate Change and Environment of the Department of Transportation shall coordinate its activities with the United States Global Change Research Program.”
Pub. L. 109–59, title V, §5510, Aug. 10, 2005, 119 Stat. 1828, provided that:
“(a)
“(b)
Pub. L. 105–178, title V, §5003, June 9, 1998, 112 Stat. 422, provided that:
“(a)
“(b)
Pub. L. 102–240, title V, §5004, Dec. 18, 1991, 105 Stat. 2160, provided that:
“(a)
“(b)
Section 26(c) of Pub. L. 98–557 provided that: “Notwithstanding any other provision of law, until April 15, 1985, the position created by subsection (a) of this section [adding subsec. (d) of this section] may be held by a person named by the President alone from among qualified individuals.”
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:
By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (Public Law 89–670, approved October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed as the date on which the Department of Transportation Act shall take effect.
Lyndon B. Johnson.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters 203 through 211;
(2) the duties and powers related to railroad policy and development under subsection (j); and
(3) other duties and powers prescribed by the Secretary.
(h)
(i)
(j)
(1) provide assistance to States in developing State rail plans prepared under chapter 227 and review all State rail plans submitted under that section; 1
(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of the Nation, as determined by the Secretary in order to promote an integrated, cohesive, efficient, and optimized national rail system for the movement of goods and people;
(3) develop a preliminary national rail plan within a year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
(4) develop and enhance partnerships with the freight and passenger railroad industry, States, and the public concerning rail development;
(5) support rail intermodal development and high-speed rail development, including high speed rail planning;
(6) ensure that programs and initiatives developed under this section benefit the public and work toward achieving regional and national transportation goals; and
(7) facilitate and coordinate efforts to assist freight and passenger rail carriers, transit agencies and authorities, municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis, capital requirements, operating costs, and other research and planning related to corridors shared by passenger or commuter rail service and freight rail operations.
(k)
(1)
(2)
(3)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, §216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, §3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110–432, div. A, title I, §101, div. B, title III, §307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111–350, §5(o)(1), Jan. 4, 2011, 124 Stat. 3853.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 103(a) | 49:1652(e)(1) (1st sentence related to FRA). | Oct. 15, 1966, Pub. L. 89–670, §§3(e) (related to FRA) (1), (3), (4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940. |
| 49:1652a. | July 8, 1976, Pub. L. 94–348, §6, 90 Stat. 820. | |
| 103(b) | 49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last sentence). | |
| 103(c) | 49:1655(f)(3)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92–401, §6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93–633, §113(e)(1), 88 Stat. 2163. |
| 49:1652(e)(3) (related to FRA) (less last sentence). | ||
| 103(d) | 49:1652(e)(4) (related to FRA). | |
| 49:1655(f)(3)(C) (related to FRA). |
In subsection (a), the words “To carry out” are substituted for “for purposes of administering and enforcing” in 49:1652a for consistency and to eliminate surplus words. The words “under those laws” are substituted for “pursuant to Federal railroad safety laws” to eliminate surplus words. The words “is responsible” are substituted for “shall retain full and final responsibility” and “shall be responsible” to eliminate surplus words. The words “and for the establishment of all policies with respect to implementation of such laws” are omitted as surplus.
In subsection (b), the words “Each of these components” are omitted as surplus.
In subsection (c), the words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(A) for clarity and consistency. The words “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))” are substituted for “subsection (e) of this section (other than subsection (e)(4) of this section)” in 49:1655(f)(3)(A) for clarity.
In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to appeal.
Section 5(m)(1) amends 49:103(c)(1) to include a reference to section 20134(c) of the revised title. The reference is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Administrator of the Federal Railroad Administration rather than the Secretary of Transportation.
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (j)(3), is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
2011—Subsec. (i). Pub. L. 111–350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (e), was executed to subsec. (i), to reflect the probable intent of Congress.
2008—Subsec. (a). Pub. L. 110–432, §307(1), (2), inserted heading and struck out at end “To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.”
Subsecs. (b) to (k). Pub. L. 110–432, §§101, 307(3), (4), added subsecs. (b) to (k) and struck out former subsecs. (b) to (e), which related to: in subsec. (b), Administrator as head of the Administration; in subsec. (c), Administrator's duties and powers; in subsec. (d), transfer of duties or powers and effect of Administrator's decision; and, in subsec. (e), authority of Secretary of Transportation.
2002—Subsec. (e). Pub. L. 107–217 inserted “subtitle I of title 40 and title III of” before “the Federal Property” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.
1994—Subsec. (c)(1). Pub. L. 103–272 substituted “section 20134(c) and chapters 203–211 of this title, and chapter 213 of this title in carrying out chapters 203–211” for “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 App. U.S.C. 1655(e)(1), (2), and (6)(A))”.
Subsec. (e). Pub. L. 103–440 added subsec. (e).
1984—Subsec. (c)(1). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Pub. L. 110–432, div. A, title III, §307, Oct. 16, 2008, 122 Stat. 4881, provided that:
“(a)
“(b)
[For definitions of “Secretary” and “railroad”, as used in section 307 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Pub. L. 108–447, div. H, title I, §151, Dec. 8, 2004, 118 Stat. 3222, provided that: “Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percentage of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Administration certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agency's mission.”
1 So in original. Probably should be “chapter;”.
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b)(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, §101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, §101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 104(a) | 49:1652(e)(1) (1st sentence related to FHWA). | Oct. 15, 1966, Pub. L. 89–670, §§3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (related to FHWA), 80 Stat. 932, 940. |
| 104(b)(1) | 49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence). | |
| 104(b)(2) | 23:303(a)(1) (1st, 2d sentences). | |
| 104(b)(3) | 23:303(a)(1) (last sentence), (b), (c). | |
| 104(c) | 49:1655(f)(3)(B). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93–633, §113(e)(2), 88 Stat. 2163. |
| 23:401 (note). | Sept. 9, 1966, Pub. L. 89–564, §201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, §8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, §202(a), 84 Stat. 1740. | |
| 49:1652(e)(3) (related to FHWA) (less last sentence). | ||
| 104(d) | 49:1652(e)(4) (related to FHWA). | |
| 49:1655(f)(3)(C) (related to FHWA). |
In subsection (b)(1), the words “Each of these components” are omitted as surplus.
In subsection (b)(2), the words “In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act” in 23:303(a)(1) (1st sentence) are omitted as surplus.
In subsection (b)(3), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Secretary of Transportation.
In subsection (c), the source provisions are consolidated. The words “The Administrator shall carry out duties and powers” are substituted for “The Secretary shall carry out through the Federal Highway Administration those provisions of the Highway Safety Act of 1966 . . . for” in 23:401 (note) and “carry out the functions, powers, and duties of the Secretary” in 49:1655(f)(3)(B) as being more precise, to eliminate unnecessary words, and for consistency. The words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(B) for clarity and consistency.
In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to appeal.
The Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, as amended, also known as the Hobbs Bridge Act, which is classified generally to subchapter II (§511 et seq.) of chapter 11 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.
1999—Subsec. (c). Pub. L. 106–159, §101(c)(2)(A), substituted “; and” for the semicolon at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of this title; and”.
Subsecs. (d), (e). Pub. L. 106–159, §101(c)(2)(B), (C), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.”
1996—Subsec. (e). Pub. L. 104–324 added subsec. (e).
1994—Subsec. (b)(1). Pub. L. 103–272, §4(j)(2), substituted “Administrator” for “Admininstrator” before “who is”.
Subsec. (c)(2). Pub. L. 103–272, §5(m)(2), substituted “315” for “31”.
Pub. L. 106–159, title I, §107(a), Dec. 9, 1999, 113 Stat. 1758, provided that: “This Act [see Tables for classification] shall take effect on the date of the enactment of this Act [Dec. 9, 1999]; except that the amendments made by section 101 [enacting section 113 of this title and amending this section, sections 5314 and 5316 of Title 5, Government Organization and Employees, and section 104 of Title 23, Highways] shall take effect on January 1, 2000.”
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pub. L. 105–178, title I, §1220, June 9, 1998, 112 Stat. 221, provided that:
“(a)
“(1)
“(2)
“(b)
“(c)
“(d)
(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §5(m)(3), July 5, 1994, 108 Stat. 1375.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 105 | 23:401 (note). | Sept. 9, 1966, Pub. L. 89–564, §201(a) (less pay of Administrator and Deputy Administrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, §8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, §202(a), 84 Stat. 1739. |
In subsection (a), the words “The . . . is an administration in the” are substituted for “There is hereby established within the”, in section 201(a) (1st sentence) of the Highway Safety Act of 1966 (Pub. L. 89–564, 80 Stat. 731) to conform to other sections of the revised title. The words “(hereafter in this section referred to as the ‘Administration’)” are omitted as unnecessary.
In subsection (c), the words “carry out . . . duties and powers . . . prescribed by the Secretary” are substituted for “perform such duties as are delegated to him by the Secretary” to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for “highway safety programs, research and development not specifically referred to in paragraph (1) of this subsection”, in section 201(b)(2) of the Highway Safety Act of 1966 for clarity.
In subsection (d), the words “Administration . . . authorized by this section” are omitted as surplus.
The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed.
1994—Subsec. (d). Pub. L. 103–272 substituted “chapter 301 of this title” for “the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)”.
(a) The Federal Aviation Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.
(c) The Administrator must—
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to aviation.
(d)(1) The Deputy Administrator must be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.
(2) The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator of the Federal Aviation Administration.
(3) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive (A) the pay provided by law for the Deputy Administrator, or (B) the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
(4) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.
(f)
(1)
(2)
(A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to—
(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition and maintenance of property, services, and equipment of the Administration;
(iii) except as otherwise provided in paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);
(B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
(3)
(A)
(B)
(I) have an annual effect on the economy of $250,000,000 or more or adversely affect in a substantial and material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or
(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.
(ii) In an emergency, the Administrator may issue a regulation described in clause (i) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
(iii) Any regulation that does not meet the criteria of clause (i), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.
(iv) The Administrator shall submit a copy of any regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.
(C)
(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years.
(iii) For purposes of this subparagraph, the term “unusually burdensome regulation” means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year.
(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).
(4)
(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(g)
(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504(b) (related to flight procedures), 47508(a), and 48107 of this title; and
(B) additional duties and powers prescribed by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by section 44931 1 of this title.
(h) Section 40101(d) of this title applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final.
(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
(j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the “Civil Aeromedical Institute”. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.
(k)
(1)
(A) $7,591,000,000 for fiscal year 2004;
(B) $7,732,000,000 for fiscal year 2005;
(C) $7,889,000,000 for fiscal year 2006;
(D) $8,064,000,000 for fiscal year 2007;
(E) $9,042,467,000 for fiscal year 2009;
(F) $9,350,028,000 for fiscal year 2010;
(G) $9,514,000,000 for fiscal year 2011; and
(H) $3,197,315,080 for the period beginning on October 1, 2011, and ending on January 31, 2012.
Such sums shall remain available until expended.
(2)
(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.
(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.
(E) Such sums as may be necessary for fiscal years 2004 through 2007 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(F) Such sums as may be necessary for fiscal years 2004 through 2007 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska's main aviation corridors.
(G) Such sums as may be necessary for fiscal years 2004 through 2007 to carry out the Aviation Safety Reporting System.
(l)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(6)
(m)
(n)
(1)
(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.
(2)
(o)
(p)
(1)
(2)
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation interests, appointed by—
(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation; and
(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and
(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by the Secretary of Transportation.
(3)
(4)
(A)
(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
(iii) The Council shall review the process through which the Administration determines to use advisory circulars and service bulletins.
(B)
(C)
(5)
(6)
(A)
(i) 3 shall be appointed for terms of 1 year;
(ii) 4 shall be appointed for terms of 2 years; and
(iii) 3 shall be appointed for terms of 3 years.
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(i)
(ii)
(I) to affect any other immunity or protection that may be available to a member of the Subcommittee under applicable law with respect to such transactions;
(II) to affect any other right or remedy against the United States under applicable law; or
(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.
(I)
(i)
(ii)
(J)
(K)
(L)
(7)
(A)
(B)
(i) shall have a fiduciary responsibility to represent the public interest;
(ii) shall be citizens of the United States; and
(iii) shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas and, in the aggregate, should collectively bring to bear expertise in all of the following areas:
(I) Management of large service organizations.
(II) Customer service.
(III) Management of large procurements.
(IV) Information and communications technology.
(V) Organizational development.
(VI) Labor relations.
(C)
(i) have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;
(ii) engage in another business related to aviation or aeronautics; or
(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.
(D)
(i)
(ii)
(E)
(i)
(I) a mission and objectives;
(II) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and
(III) annual and long-range strategic plans.
(ii)
(I) methods to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and
(II) procurements of air traffic control equipment in excess of $100,000,000.
(iii)
(I) plans for modernization of the air traffic control system;
(II) plans for increasing productivity or implementing cost-saving measures; and
(III) plans for training and education.
(iv)
(I) review and approve the Administrator's appointment of a Chief Operating Officer under section 106(r);
(II) review the Administrator's selection, evaluation, and compensation of senior executives of the Administration who have program management responsibility over significant functions of the air traffic control system;
(III) review and approve the Administrator's plans for any major reorganization of the Administration that would impact on the management of the air traffic control system;
(IV) review and approve the Administrator's cost accounting and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; and
(V) review the performance and compensation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets.
(v)
(I) review and make recommendations on the budget request of the Administration related to the air traffic control system prepared by the Administrator;
(II) submit such budget recommendations to the Secretary; and
(III) base such budget recommendations on the annual and long-range strategic plans.
(F)
(i)
(ii)
(G)
(i)
(I) establishing committees;
(II) setting meeting places and times;
(III) establishing meeting agendas; and
(IV) developing rules for the conduct of business.
(ii)
(iii)
(H)
(i)
(ii)
(iii)
(iv)
(I)
(8)
(q)
(1)
(2)
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.
(3)
(r)
(1)
(A)
(B)
(C)
(D)
(E)
(2)
(A)
(B)
(3)
(4)
(5)
(A)
(i) a mission and objectives;
(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans; and
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control.
(B)
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C)
(i) develop a budget request of the Administration related to the air traffic control system;
(ii) submit such budget request to the Administrator and the Committee; and
(iii) ensure that the budget request supports the agency's annual and long-range strategic plans for air traffic control services.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, §5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, §9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, §101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, §104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, §103, title II, §201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, §103(a), title II, §§223(a), 224–230, 276(c), title XII, §1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, §5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, §3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, §4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, §103(a), title III, §§302(a)–(c), 303, 305, 306, 307(c)(1), title VII, §701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, §8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, §101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, §103(a),(b), title II, §§201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L. 110–330, §6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, §6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, §206, Sept. 16, 2011, 125 Stat. 359.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 106(a) | 49:1341(a) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §§301(a), (b), 302(a), (b), 72 Stat. 744; Aug. 14, 1964, Pub. L. 88–426, §305(16) (B), (C), 78 Stat. 424. |
| 49:1652(e)(1) (related to FAA). | Oct. 15, 1966, Pub. L. 89–670, §3(e) (related to FAA), 80 Stat. 932. | |
| 106(b) | 49:1341(a) (2d sentence), (b) (1st sentence less 1st–10th words). | |
| 49:1342(a) (1st sentence), (b) (1st sentence less 1st–11th words). | ||
| 49:1652(e) (related to FAA) (1) (less 1st sentence), (3) (last sentence). | ||
| 106(c) | 49:1341(b) (1st sentence 1st–10th words, 2d sentence). | |
| 49:1652(e)(2) (related to Administrator). | ||
| 106(d) | 49:1342(b) (1st sentence 1st–11th words, 2d sentence, 4th–6th sentences). | |
| 49:1652(e)(2) (1st sentence less Administrator). | ||
| 49:1343(a)(2) (related to Deputy Administrator). | Aug. 23, 1958, Pub. L. 85–726, §302(c)(2) (related to Deputy Administrator), 72 Stat. 745. | |
| 106(e) | 49:1341(b) (less 1st, 2d sentences). | |
| 49:1342(b) (3d sentence). | ||
| 106(f) | 49:1341(a) (less 1st, 2d sentences). | |
| 106(g) | 49:1652(e)(3) (related to FAA) (less last sentence). | |
| 49:1655(c)(1) (1st sentence proviso). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1) (1st sentence proviso, 2d, last sentences), 80 Stat. 938; Jan. 3, 1975, Pub. L. 93–633, §113(d), 88 Stat. 2163. | |
| 106(h) | 49:1652(e)(4) (related to FAA). | |
| 49:1655(c)(1) (2d, last sentences). | ||
| 106(i) | 49:1342(a) (2d, last sentences). |
In subsections (a) and (b), the source provisions are combined for clarity.
In subsection (a), the words “referred to in this chapter as the ‘Administration’ ” are omitted because of the style of the revised title.
In subsection (b), the word “due” in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words “the duties and powers” are substituted for “the powers and duties vested in and imposed upon him by this chapter” to eliminate surplus words and for consistency. The word “consider” is substituted for “with . . . regard to” for clarity.
In subsections (c) and (d), the words “At the time of his nomination” are omitted as unnecessary and for consistency.
In subsection (c), the text of 49:1652(e)(2) (last sentence) is omitted as executed.
In subsection (d)(1), the words “Nothing in this chapter or other law shall preclude” in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words “armed force” are substituted for “armed services” to conform to title 10. The words “to the position of” are omitted as surplus.
In subsection (d)(2), the word “continue” is omitted as surplus. The words “pay provided by law for the Deputy Administrator” are substituted for “compensation provided for the Deputy Administrator” in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words “(including personal money allowance)” are omitted as being within the meaning of “allowance” in title 37. The words “as the case may be” are omitted as surplus. The words “of the military grade held” are substituted for “military . . . payable to a commissioned officer of his grade and length of service” to eliminate unnecessary words. The words “Administration” and “military” are added for clarity. The words “to defray” are omitted as surplus.
In subsection (d)(3), the words “acceptance of, and” are omitted as unnecessary. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.
In subsection (f), the word “Secretary” is substituted for “Administrator” because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “In the exercise of his duties and the discharge of his responsibilities under this chapter” are omitted as surplus.
In subsection (g), the words “are hereby transferred to” in 49:1655(c)(1) are omitted as executed. The words “carry out” are substituted for “it shall be his duty to exercise” in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words “In addition to such functions, powers, and duties as are specified in this chapter” in 49:1652(e)(3) are omitted as unnecessary because of the restatement.
In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words “carrying out” in 49:1655(c)(1) (last sentence) are substituted for “the exercise of” for consistency. The words after “administratively final” are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal.
In subsection (i), the words “and exercise the powers of” are omitted as surplus. The words “when the office of the Administrator is vacant” are inserted to conform to section 102 of the revised title.
Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (Public Law 97–449, 96 Stat. 2417). The others are from laws enacted after October 15, 1966, in which the duties and powers are to be carried out by the Administrator rather than the Secretary.
The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L. 104–264, Oct. 9, 1996, 110 Stat. 3227. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 40101 of this title and Tables.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (f)(3)(B)(i), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsecs. (f)(3)(C), (o), and (p)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
Section 44931 of this title, referred to in subsec. (g)(2), was repealed by Pub. L. 107–71, title I, §101(f)(6), Nov. 19, 2001, 115 Stat. 603.
The Federal Advisory Committee Act, referred to in subsec. (p)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (p)(6)(C), (7)(A), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
The Ethics in Government Act of 1978, referred to in subsec. (p)(6)(I)(i), is Pub. L. 95–521, Oct. 26, 1978, 92 Stat. 1824. Title I of the Act is set out in the Appendix to Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Pub. L. 95–521 in the Appendix to Title 5 and Tables.
2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added subpars. (G) and (H).
2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$7,813,037,096 for the period beginning on October 1, 2009, and ending on August 1, 2010.”
Pub. L. 111–197 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010.”
Pub. L. 111–161 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$5,454,183,000 for the 7-month period beginning on October 1, 2009.”
Pub. L. 111–153 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$4,676,574,750 for the 6-month period beginning on October 1, 2009.”
2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted “$9,042,467,000 for fiscal year 2009” for “$4,516,364,500 for the 6-month period beginning on October 1, 2008”.
Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$2,338,287,375 for the 3-month period beginning on October 1, 2009.”
Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F).
2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar. (E).
2003—Subsec. (d)(2) to (4). Pub. L. 108–176, §204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (f)(2)(A)(ii). Pub. L. 108–176, §224(c), inserted “, services,” after “property”.
Subsec. (k)(1). Pub. L. 108–176, §103(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1)
“(A) such sums as may be necessary for fiscal year 2000;
“(B) $6,592,235,000 for fiscal year 2001;
“(C) $6,886,000,000 for fiscal year 2002; and
“(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.”
Subsec. (k)(2). Pub. L. 108–176, §103(b), redesignated subpars. (C) to (E) as subpars. (A) to (C), respectively, in subpars. (A) to (C), substituted “fiscal years 2004 through 2007” for “fiscal years 2000 through 2003”, added subpars. (D) to (G), struck out former subpars. (A) and (B), which related to expenditures for wildlife measures and a university consortium for an air safety and security management certificate program, and struck out former subpars. (F) to (I), which related to expenditures for the 1998 airport surface operations safety action plan, United States membership obligations in the International Civil Aviation Organization, additional inspectors to enhance air cargo security programs, and improved training programs for airport security screening personnel.
Subsec. (p). Pub. L. 108–176, §201(1), inserted “and Air Traffic Services Board” after “Council” in heading.
Subsec. (p)(2). Pub. L. 108–176, §201(2)(A), substituted “consist of 13 members, who” for “consist of 18 members, who” in introductory provisions.
Subsec. (p)(2)(C)(i). Pub. L. 108–176, §201(2)(B), inserted “, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation” after “Senate”.
Subsec. (p)(2)(C)(ii). Pub. L. 108–176, §201(2)(C)(ii), substituted “; and” for semicolon at end.
Subsec. (p)(2)(D). Pub. L. 108–176, §201(2)(D), substituted “employees, by the Secretary of Transportation.” for “employees, by—
“(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and
“(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and”.
Subsec. (p)(2)(E). Pub. L. 108–176, §201(2)(D), struck out subpar. (E) which read as follows: “5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Subsec. (p)(3). Pub. L. 108–176, §202(1), added par. (3) and struck out former par. (3) which related to qualifications for serving on the Council.
Subsec. (p)(4)(C). Pub. L. 108–176, §202(2), inserted “or Air Traffic Services Committee” after “Council” in two places.
Subsec. (p)(5). Pub. L. 108–176, §202(3), inserted “, the Air Traffic Services Committee,” after “Council”.
Subsec. (p)(6)(C). Pub. L. 108–176, §202(4), in heading substituted “committee” for “subcommittee” and in text substituted “members appointed” for “member appointed”, “to the Air Traffic Services Committee shall” for “under paragraph (2)(E) shall”, and “the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100—Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).” for “of the members first appointed under paragraph (2)(E)—
“(i) 2 members shall be appointed for a term of 3 years;
“(ii) 2 members shall be appointed for a term of 4 years; and
“(iii) 1 member shall be appointed for a term of 5 years.”
Subsec. (p)(6)(D). Pub. L. 108–176, §202(5), substituted “to the Committee” for “under paragraph (2)(E)”.
Subsec. (p)(6)(E). Pub. L. 108–176, §202(6), inserted “or Committee” after “Council”.
Subsec. (p)(6)(F). Pub. L. 108–176, §202(7), inserted “of the Council or Committee” after “member”.
Subsec. (p)(6)(G). Pub. L. 108–176, §202(8), in second sentence substituted “Committee” for “Council” and struck out “appointed under paragraph (2)(E)” before “may be removed”.
Subsec. (p)(6)(H). Pub. L. 108–176, §202(9)(A), substituted “committee” for “subcommittee” in heading.
Subsec. (p)(6)(H)(i). Pub. L. 108–176, §202(9)(B), (C), substituted “to the Committee” for “under paragraph (2)(E)” and “of the Committee” for “of the Air Traffic Services Subcommittee”.
Subsec. (p)(6)(I)(i). Pub. L. 108–176, §202(10), substituted “is serving as” for “appointed under paragraph (2)(E) is” and “Committee” for “Subcommittee”.
Subsec. (p)(6)(I)(ii). Pub. L. 108–176, §202(11), substituted “who is a member of the Committee” for “appointed under paragraph (2)(E)” and “Committee;” for “Subcommittee;”.
Subsec. (p)(6)(K). Pub. L. 108–176, §202(12), inserted “or Committee” after “Council”.
Subsec. (p)(6)(L). Pub. L. 108–176, §202(13), inserted “or Committee” after “Council” in two places.
Subsec. (p)(7). Pub. L. 108–176, §202(14)(A), substituted “committee” for “subcommittee” in heading.
Subsec. (p)(7)(A). Pub. L. 108–176, §202(14)(B), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “The Management Advisory Council shall have an air traffic services subcommittee (in this paragraph referred to as the ‘Subcommittee’) composed of the five members appointed under paragraph (2)(E).”
Subsec. (p)(7)(B), (C). Pub. L. 108–176, §202(14)(D), added subpars. (B) and (C). Former subpars. (B) and (C) redesignated (D) and (E), respectively.
Subsec. (p)(7)(D). Pub. L. 108–176, §202(14)(E), substituted “Committee” for “Subcommittee” in two places.
Pub. L. 108–176, §202(14)(C), redesignated subpar. (B) as (D). Former subpar. (D) redesignated (F).
Subsec. (p)(7)(E). Pub. L. 108–176, §202(14)(I), struck out concluding provisions which read as follows: “The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President's annual budget request for the Federal Aviation Administration for such fiscal year.”
Pub. L. 108–176, §202(14)(E), substituted “Committee” for “Subcommittee” in introductory provisions.
Pub. L. 108–176, §202(14)(C), redesignated subpar. (C) as (E). Former subpar. (E) redesignated (G).
Subsec. (p)(7)(E)(v)(I). Pub. L. 108–176, §202(14)(F), substituted “make recommendations on” for “approve”.
Subsec. (p)(7)(E)(v)(II). Pub. L. 108–176, §202(14)(G), substituted “recommendations” for “request”.
Subsec. (p)(7)(E)(v)(III). Pub. L. 108–176, §202(14)(H), substituted “base such budget recommendations on” for “ensure that the budget request supports”.
Subsec. (p)(7)(F). Pub. L. 108–176, §202(14)(J), added subpar. (F) and struck out heading and text of former subpar. (F). Text read as follows:
“(i)
“(ii)
“(iii)
“(iv)
Pub. L. 108–176, §202(14)(C), redesignated subpar (D) as (F). Former subpar. (F) redesignated (H).
Subsec. (p)(7)(G). Pub. L. 108–176, §202(14)(K), substituted “Committee” for “Subcommittee” wherever appearing, redesignated cls. (ii) to (iv) as (i) to (iii), respectively, and struck out former cl. (i) which read as follows: “
Pub. L. 108–176, §202(14)(C), redesignated subpar. (E) as (G).
Subsec. (p)(7)(H). Pub. L. 108–176, §202(14)(C), redesignated subpar. (F) as (H).
Subsec. (p)(7)(H)(i). Pub. L. 108–176, §202(14)(L)(i), (ii), substituted “Committee shall” for “Subcommittee shall” and “Secretary” for “Administrator, the Council”.
Subsec. (p)(7)(H)(ii). Pub. L. 108–176, §202(14)(L), substituted “Committee under” for “Subcommittee under”, “subparagraph (D)(i)” for “subparagraph (B)(i)”, “Committee shall” for “Subcommittee shall”, and “Secretary” for “Administrator, the Council”.
Subsec. (p)(7)(H)(iii), (iv). Pub. L. 108–176, §202(14)(L)(i), in cl. (iii) substituted “Committee under” for “Subcommittee under” and “Committee, the” for “Subcommittee, the” and in cl. (iv) substituted “Committee in” for “Subcommittee in”.
Subsec. (p)(7)(I). Pub. L. 108–176, §202(14)(M), added subpar. (I).
Subsec. (r)(1)(A), (2)(A). Pub. L. 108–176, §203(1), substituted “Air Traffic Services Committee” for “Air Traffic Services Subcommittee of the Aviation Management Advisory Council”.
Subsec. (r)(2)(B). Pub. L. 108–176, §203(2), inserted “in” before “paragraph (3)”.
Subsec. (r)(3). Pub. L. 108–176, §203(3), substituted “Air Traffic Services Committee” for “Air Traffic Control Subcommittee of the Aviation Management Advisory Committee”.
Subsec. (r)(4). Pub. L. 108–176, §203(4), substituted “Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate” for “Transportation and Congress”.
Subsec. (r)(5)(A). Pub. L. 108–176, §203(5), in introductory provisions substituted “implement the” for “develop a” and “in order to further” for “, including the establishment of”.
Subsec. (r)(5)(B). Pub. L. 108–176, §203(6)(A), substituted “oversee the day-to-day operational functions of the Administration for air traffic control,” for “review the operational functions of the Administration,” in introductory provisions.
Subsec. (r)(5)(B)(iv). Pub. L. 108–176, §203(6)(B)–(D), added cl. (iv).
Subsec. (r)(5)(C)(i). Pub. L. 108–176, §203(7), struck out “prepared by the Administrator” after “air traffic control system”.
Subsec. (r)(5)(C)(ii). Pub. L. 108–176, §203(8), substituted “and the Committee” for “and the Secretary of Transportation”.
Subsec. (r)(5)(C)(iii). Pub. L. 108–176, §203(9), inserted “agency's” before “annual” and substituted “for air traffic control services” for “developed under subparagraph (A) of this subsection”.
2001—Subsec. (m). Pub. L. 107–71, §101(d), substituted “supplies, personnel, services, and” for “supplies and” in last sentence.
Subsec. (r)(2)(A). Pub. L. 107–71, §101(c)(3), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The Chief Operating Officer shall be paid at an annual rate of basic pay equal to the annual rate of basic pay of the Administrator. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if this position were described in section 207(c)(2)(A)(i) of that title.”
2000—Subsec. (f)(3)(A). Pub. L. 106–181, §306, inserted at end “On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.”
Subsec. (f)(3)(B)(i). Pub. L. 106–181, §305(1), (2), in introductory provisions, substituted “$250,000,000” for “$100,000,000” and “Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” for “Air Traffic Management System Performance Improvement Act of 1996”.
Subsec. (f)(3)(B)(i)(I). Pub. L. 106–181, §305(1), (3), substituted “$250,000,000” for “$100,000,000” and inserted “substantial and” before “material” and “or” after semicolon at end.
Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106–181, §305(4), added subcl. (II) and struck out former subcls. (II) to (IV) which read as follows:
“(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
“(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
“(IV) raise novel legal or policy issues arising out of legal mandates.”
Subsec. (g)(1)(A). Pub. L. 106–181, §701, substituted “40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections” for “40113(a), (c), and (d), 40114(a), 40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505, 44507, 44508, 44511–44513, 44701–44716, 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, and 44938(a) and (b), chapter 451, sections 45302–45304,”.
Subsec. (k). Pub. L. 106–181, §103(a), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to the Secretary of Transportation for operations of the Administration $5,632,000,000 for fiscal year 1999.”
Subsec. (l)(1). Pub. L. 106–181, §307(c)(1), substituted “subsections (a) and (g) of section 40122” for “section 40122(a) of this title and section 347 of Public Law 104–50”.
Subsec. (p)(2). Pub. L. 106–528, which directed the substitution of “18” for “15” in section 106(p)(2), without specifying the Code title to be amended, was executed by making the substitution in the introductory provisions of subsec. (p)(2) of this section, to reflect the probable intent of Congress.
Subsec. (p)(2)(C) to (E). Pub. L. 106–181, §302(a)(1), added subpars. (C) to (E) and struck out former subpar. (C) which read as follows: “13 members representing aviation interests, appointed by the President by and with the advice and consent of the Senate.”
Subsec. (p)(3). Pub. L. 106–181, §302(a)(2), designated existing provisions as subpar. (A), inserted subpar. heading, realigned margins, inserted “or (2)(E)” after “paragraph (2)(C)”, and added subpars. (B) and (C).
Subsec. (p)(6). Pub. L. 106–181, §302(b), added subpars. (A) to (I), redesignated former subpars. (B) to (D) as (J) to (L), respectively, and struck out former subpar. (A) which related to terms of members appointed to the Advisory Council.
Subsec. (p)(7), (8). Pub. L. 106–181, §302(c), added pars. (7) and (8).
Subsec. (r). Pub. L. 106–181, §303, added subsec. (r).
1999—Subsec. (k). Pub. L. 106–6 substituted “$5,632,000,000 for fiscal year 1999.” for “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.”
1997—Subsec. (g)(1)(A). Pub. L. 105–102 added Pub. L. 104–264, §276(c). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–287 substituted “August 23, 1994,” for “the date of the enactment of this sentence”.
Pub. L. 104–264, §223(a)(1), substituted “Except as provided in subsection (f) or in other provisions of law, the Administrator” for “The Administrator”.
Subsec. (f). Pub. L. 104–264, §223(a)(2), inserted subsec. heading, designated existing provisions as par. (1), inserted par. (1) heading, substituted “Except as provided in paragraph (2), the Secretary” for “The Secretary”, realigned margins, substituted “Neither the Secretary nor the Administrator may” for “The Secretary may not” and “or be bound” for “nor be bound”, and added pars. (2) and (3).
Subsec. (f)(3). Pub. L. 104–264, §224(2), added par. (3). Former par. (3) redesignated (4).
Subsec. (f)(4). Pub. L. 104–264, §224(1), redesignated par. (3) as (4).
Subsec. (g)(1)(A). Pub. L. 104–264, §276(c), as added by Pub. L. 105–102, substituted “45302–45304” for “45302, 45303”.
Subsec. (k). Pub. L. 104–264, §103(a), substituted “$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal year 1998.” for “$4,088,000,000 for fiscal year 1991, $4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year 1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996.”
Subsec. (l). Pub. L. 104–264, §225, added subsec. (l).
Subsec. (l)(6). Pub. L. 104–264, §226, added par. (6).
Subsec. (m). Pub. L. 104–264, §227, added subsec. (m).
Subsec. (n). Pub. L. 104–264, §228, added subsec. (n).
Subsec. (o). Pub. L. 104–264, §229, added subsec. (o).
Subsec. (p). Pub. L. 104–264, §230, added subsec. (p).
Subsec. (q). Pub. L. 104–264, §1210, added subsec. (q).
1994—Subsec. (b). Pub. L. 103–305, §201, inserted at end “The term of office for any individual appointed as Administrator after the date of the enactment of this sentence shall be 5 years.”
Subsec. (f). Pub. L. 103–272, §4(j)(3)(A), substituted “Secretary of Transportation shall” for “Secretary shall”.
Subsec. (g). Pub. L. 103–272, §4(j)(3)(B), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Administrator shall carry out—
“(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306–309, 312–314, 315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990), 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 App. U.S.C. 1347–1350, 1353–1355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and
“(2) additional duties and powers prescribed by the Secretary.”
Subsec. (h). Pub. L. 103–272, §5(m)(4)(A), substituted “Section 40101(d) of this title” for “Section 103 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1303)”.
Subsec. (j). Pub. L. 103–272, §5(m)(4)(B), substituted “section 44507 of this title” for “section 312(e) of the Federal Aviation Act of 1958”.
Subsec. (k). Pub. L. 103–305, §103, substituted “, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and $4,810,000,000 for fiscal year 1996” for “, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.
Pub. L. 103–272, §4(j)(3)(C), inserted “to the Secretary of Transportation” after “appropriated”.
1992—Subsec. (k). Pub. L. 102–581 substituted “1991,” for “1991 and” and inserted before period at end “, $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal year 1995”.
1990—Subsec. (g)(1). Pub. L. 101–604 inserted “315–316 (except for the duties and powers vested in the Director of Intelligence and Security by or under section 101 of the Aviation Security Improvement Act of 1990),” after “312–314,”.
Subsec. (k). Pub. L. 101–508 added subsec. (k).
1988—Subsec. (j). Pub. L. 100–591 added subsec. (j).
1984—Subsecs. (g)(1), (h). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Pub. L. 108–176, §3, Dec. 12, 2003, 117 Stat. 2493, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 2003.”
Pub. L. 106–528, §9, Nov. 22, 2000, 114 Stat. 2523, provided that: “Except as otherwise expressly provided, this Act [amending this section and sections 41104, 44903, 44935, and 44936 of this title, enacting provisions set out as notes under sections 40101, 44903, and 44936 of this title, and amending provisions set out as notes under sections 40128 and 47501 of this title] and the amendments made by this Act shall take effect 30 days after the date of enactment of this Act [Nov. 22, 2000].”
Pub. L. 106–181, §3, Apr. 5, 2000, 114 Stat. 64, provided that: “Except as otherwise specifically provided, this Act [see Tables for classification] and the amendments made by this Act shall apply only to fiscal years beginning after September 30, 1999.”
Pub. L. 106–181, title III, §302(d), Apr. 5, 2000, 114 Stat. 121, provided that:
“(1)
“(2)
“(3)
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(3) is effective Oct. 9, 1996.
Pub. L. 105–102, §3(f), Nov. 20, 1997, 111 Stat. 2216, provided that: “The amendments made by subsections (a) through (d) of this section [amending this section and sections 5302, 30501 to 30504, 45301, 46301, 46316, 47117, and 47128 of this title, renumbering section 40121 of this title as 40124 of this title, and amending provisions set out as notes under sections 5303 and 47117 of this title] shall take effect as if included in the provisions of the Acts to which the amendments relate.”
Section 3 of Pub. L. 104–264 provided that:
“(a)
“(b)
Section 203 of title II of Pub. L. 104–264 provided that: “The provisions of this title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending this section and section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing section 45301 of this title, and enacting provisions set out as notes under this section and sections 40101, 40110, and 41742 of this title] and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act [Oct. 9, 1996].”
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 108–176, title VII, §702, Dec. 12, 2003, 117 Stat. 2576, provided that:
“(a)(1) The Administrator of the Federal Aviation Administration shall establish a Federal Aviation Administration Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Federal Aviation Administration.
“(2) Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit, with consideration given to financial need and the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act [42 U.S.C. 1885a, 1885b].
“(3) To carry out the Program the Administrator shall enter into contractual agreements with individuals selected under paragraph (2) under which the individuals agree to serve as full-time employees of the Federal Aviation Administration, for the period described in subsection (f)(1), in positions needed by the Federal Aviation Administration and for which the individuals are qualified, in exchange for receiving a scholarship.
“(b) In order to be eligible to participate in the Program, an individual must—
“(1) be enrolled or accepted for enrollment as a full-time student at an institution of higher education, as a junior or senior undergraduate or graduate student, in an academic field or discipline described in the list made available under subsection (d);
“(2) be a United States citizen or permanent resident; and
“(3) at the time of the initial scholarship award, not be an employee (as defined in section 2105 of title 5, United States Code).
“(c) An individual seeking a scholarship under this section shall submit an application to the Administrator at such time, in such manner, and containing such information, agreements, or assurances as the Administrator may require.
“(d) The Administrator shall make publicly available a list of academic programs and fields of study for which scholarships under the Program may be utilized and shall update the list as necessary.
“(e)(1) The Administrator may provide a scholarship under the Program for an academic year if the individual applying for the scholarship has submitted to the Administrator, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study on the list made available under subsection (d).
“(2) An individual may not receive a scholarship under this section for more than 4 academic years, unless the Administrator grants a waiver.
“(3) The dollar amount of a scholarship under this section for an academic year shall be determined under regulations issued by the Administrator, but shall in no case exceed the cost of attendance.
“(4) A scholarship provided under this section may be expended for tuition, fees, and other authorized expenses as established by the Administrator by regulation.
“(5) The Administrator may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which the scholarship is provided.
“(f)(1) The period of service for which an individual shall be obligated to serve as an employee of the Federal Aviation Administration is, except as provided in subsection (h)(2), 24 months for each academic year for which a scholarship under this section is provided.
“(2)(A) Except as provided in subparagraph (B), obligated service under paragraph (1) shall begin not later than 60 days after the individual obtains the educational degree for which the scholarship was provided.
“(B) The Administrator may defer the obligation of an individual to provide a period of service under paragraph (1) if the Administrator determines that such a deferral is appropriate. The Administrator shall prescribe the terms and conditions under which a service obligation may be deferred through regulation.
“(g)(1) Scholarship recipients who fail to maintain a high level of academic standing, as defined by the Administrator by regulation, who are dismissed from their educational institutions for disciplinary reasons, or who voluntarily terminate academic training before graduation from the educational program for which the scholarship was awarded, shall be in breach of their contractual agreement and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of default of all scholarship funds paid to them and to the institution of higher education on their behalf under the agreement, except as provided in subsection (h)(2). The repayment period may be extended by the Administrator when determined to be necessary, as established by regulation.
“(2) Scholarship recipients who, for any reason, fail to begin or complete their service obligation after completion of academic training, or fail to comply with the terms and conditions of deferment established by the Administrator pursuant to subsection (f)(2)(B), shall be in breach of their contractual agreement. When recipients breach their agreements for the reasons stated in the preceding sentence, the recipient shall be liable to the United States for an amount equal to—
“(A) the total amount of scholarships received by such individual under this section; plus
“(B) the interest on the amounts of such awards which would be payable if at the time the awards were received they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States,
multiplied by 3.
“(h)(1) Any obligation of an individual incurred under the Program (or a contractual agreement thereunder) for service or payment shall be canceled upon the death of the individual.
“(2) The Administrator shall by regulation provide for the partial or total waiver or suspension of any obligation of service or payment incurred by an individual under the Program (or a contractual agreement thereunder) whenever compliance by the individual is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be contrary to the best interests of the Government.
“(i) For purposes of this section—
“(1) the term ‘cost of attendance’ has the meaning given that term in section 472 of the Higher Education Act of 1965 [20 U.S.C. 1087ll];
“(2) the term ‘institution of higher education’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 [20 U.S.C. 1001(a)]; and
“(3) the term ‘Program’ means the Federal Aviation Administration Science and Technology Scholarship Program established under this section.
“(j)(1) There is authorized to be appropriated to the Federal Aviation Administration for the Program $10,000,000 for each fiscal year.
“(2) Amounts appropriated under this section shall remain available for 2 fiscal years.
“(k) The Administrator may provide temporary internships to full-time students enrolled in an undergraduate or post-graduate program leading to an advanced degree in an aerospace-related or aviation safety-related field of endeavor.”
Pub. L. 106–181, title IX, §903, Apr. 5, 2000, 114 Stat. 196, provided that: “The Administrator [of the Federal Aviation Administration] shall make available through the Internet home page of the Federal Aviation Administration the abstracts relating to all research grants and awards made with funds authorized by the amendments made by this Act [see Tables for classification]. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation from being released to the public.”
Section 221 of Pub. L. 104–264 provided that: “Congress finds the following:
“(1) In many respects the Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry.
“(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Administration's services.
“(3) The Administration must become a more efficient, effective, and different organization to meet future challenges.
“(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration's future budget needs.
“(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which such funds were collected.
“(6) The aviation community and the employees of the Administration must come together to improve the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity.
“(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met.
“(8) Absent significant and meaningful reform, future challenges and needs cannot be met.
“(9) The Administration must have a new way of doing business.
“(10) There is widespread agreement within government and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade.
“(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment.
“(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure.
“(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation's airports.
“(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Administration.
“(15) The existing budget system does not allow for long-term planning or timely acquisition of technology by the Administration.
“(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur.
“(17) All reforms should be designed to help the Administration become more responsive to the needs of its customers and maintain the highest standards of safety.”
Section 222 of title II of Pub. L. 104–264 provided that: “The purposes of this title [see Effective Date of 1996 Amendment note set out above] are—
“(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication;
“(2) to permit the Administration, with Congressional review, to establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
“(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and
“(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the traveling public.”
Section 223(b) of title II of Pub. L. 104–264 provided that: “Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996].”
Pub. L. 104–50, title III, §347, Nov. 15, 1995, 109 Stat. 460, as amended by Pub. L. 104–122, Mar. 29, 1996, 110 Stat. 876; Pub. L. 105–339, §5, Oct. 31, 1998, 112 Stat. 3187, which required the Administrator of the Federal Aviation Administration to develop and implement, not later than Jan. 1, 1996, a personnel management system, exempt from most provisions of Title 5, Government Organization and Employees, to provide for greater flexibility in the hiring, training, compensation, and location of personnel, was repealed by Pub. L. 106–181, title III, §307(d), Apr. 5, 2000, 114 Stat. 126.
Pub. L. 106–346, §101(a) [title III, §303], Oct. 23, 2000, 114 Stat. 1356, 1356A–23, provided that: “Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 106–69, title III, §303, Oct. 9, 1999, 113 Stat. 1015.
Pub. L. 105–277, div. A, §101(g) [title III, §303], Oct. 21, 1998, 112 Stat. 2681–439, 2681–464.
Pub. L. 105–66, title III, §303, Oct. 27, 1997, 111 Stat. 1441.
Pub. L. 104–205, title III, §303, Sept. 30, 1996, 110 Stat. 2968.
Pub. L. 104–50, title III, §303, Nov. 15, 1995, 109 Stat. 453.
Pub. L. 103–331, title III, §303, Sept. 30, 1994, 108 Stat. 2488.
Pub. L. 103–122, title III, §303, Oct. 27, 1993, 107 Stat. 1219.
Pub. L. 102–388, title III, §303, Oct. 6, 1992, 106 Stat. 1543.
Pub. L. 102–143, title III, §303, Oct. 28, 1991, 105 Stat. 939.
Pub. L. 101–516, title III, §303, Nov. 5, 1990, 104 Stat. 2178.
Pub. L. 101–164, title III, §303, Nov. 21, 1989, 103 Stat. 1091.
Pub. L. 100–457, title III, §303, Sept. 30, 1988, 102 Stat. 2146.
Pub. L. 100–202, §101(l) [title III, §303], Dec. 22, 1987, 101 Stat. 1329–358, 1329–377.
Pub. L. 99–500, §101(l) [H.R. 5205, title III, §303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l), Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title III, §303], Dec. 19, 1985, 99 Stat. 1267, 1284.
Pub. L. 98–473, title I, §101(i) [title III, §303], Oct. 12, 1984, 98 Stat. 1944, 1961.
Pub. L. 98–78, title III, §303, Aug. 15, 1983, 97 Stat. 470.
Pub. L. 97–369, title III, §306, Dec. 18, 1982, 96 Stat. 1781.
Pub. L. 97–102, title III, §306, Dec. 23, 1981, 95 Stat. 1458.
Pub. L. 96–400, title III, §306, Oct. 9, 1980, 94 Stat. 1695.
Pub. L. 96–131, title III, §307, Nov. 30, 1979, 93 Stat. 1037.
Pub. L. 95–335, title III, §310, Aug. 4, 1978, 92 Stat. 448.
Pub. L. 95–85, title III, §310, Aug. 2, 1977, 91 Stat. 416.
Pub. L. 94–387, title III, §312, Aug. 14, 1976, 90 Stat. 1185.
Pub. L. 94–134, title III, §310, Nov. 24, 1975, 89 Stat. 711.
Pub. L. 93–391, title III, §311, Aug. 28, 1974, 88 Stat. 780.
Pub. L. 93–98, title III, §313, Aug. 16, 1973, 87 Stat. 340.
Pub. L. 92–398, title III, §313, Aug. 22, 1972, 86 Stat. 591.
Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.
Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.
Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.
Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.
Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.
Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.
Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.
Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.
Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.
Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.
Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.
Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.
Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.
Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.
Pub. L. 99–500, title V, §§501–507, Oct. 18, 1986, 100 Stat. 1783–370 to 1783–373, and Pub. L. 99–591, title V, §§501–507, Oct. 30, 1986, 100 Stat. 3341–373 to 3341–376, known as the Aviation Safety Commission Act of 1986, established Aviation Safety Commission, directed Commission to study organization and functions of Federal Aviation Administration and means by which it could most efficiently and effectively perform its responsibilities and increase aviation safety and to submit reports to the President and the two houses of Congress within 9 months after Oct. 18, 1986, and within 18 months after Oct. 18, 1986, and provided that Commission was to cease to exist 18 months after Oct. 18, 1986.
Pub. L. 102–308, June 26, 1992, 106 Stat. 273, provided: “That notwithstanding the provisions of section 106 of title 49, United States Code, or any other provision of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint General Thomas C. Richards, United States Air Force, Retired, to the Office of Administrator of the Federal Aviation Administration. General Richards’ appointment to, acceptance of, and service in that Office shall in no way affect the status, rank, and grade which he shall hold as an officer on the retired list of the United States Air Force, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, except to the extent that subchapter IV of chapter 55 of title 5, United States Code, affects the amount of retired pay to which he is entitled by law during his service as Administrator. So long as he serves as Administrator, General Richards shall receive the compensation of that Office at the rate which would be applicable if he were not an officer on the retired list of the United States Air Force, shall retain the status, rank, and grade which he now holds as an officer on the retired list of the United States Air Force, shall retain all emoluments, perquisites, rights, privileges, and benefits incident to or arising out of such status, office, rank, or grade, and shall in addition continue to receive the retired pay to which he is entitled by law, subject to the provisions of subchapter IV of chapter 55 of title 5, United States Code.
“
“
Prior provisions authorizing the appointment of a retired military officer as Administrator were contained in the following acts:
Pub. L. 102–223, Dec. 11, 1991, 105 Stat. 1678.
Pub. L. 101–47, June 30, 1989, 103 Stat. 134.
Pub. L. 98–256, Apr. 10, 1984, 98 Stat. 125.
Pub. L. 89–46, June 22, 1965, 79 Stat. 171.
Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation's air transportation system, it is hereby ordered as follows:
(b) The ATO shall be composed of those elements of the FAA's Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator's responsibility for general safety, security, and policymaking functions for the National Airspace System is unaffected by this order.
(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106–181) [see Short Title of 2000 Amendments note set out under section 40101 of this title], shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator's evaluation of the COO's performance in relation to the targets and goals described above.
(d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system's safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole.
(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of the FAA.
(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system;
(b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control;
(c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide;
(d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings;
(e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA's external customer needs;
(f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System;
(g) establish strong incentives to managers for achieving results; and
(h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its performance goals.
Section 202 of title II of Pub. L. 104–264 provided that: “In this title [see Effective Date of 1996 Amendment note set out above], the following definitions apply:
“(1)
“(2)
“(3)
1 See References in Text note below.
(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, §3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 107 | 49:1608 (note). | Reorg. Plan No. 2 of 1968, eff. July 1, 1968, §3, 82 Stat. 1369. |
In subsection (b), the words “and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)” are omitted as surplus because of 5:5314.
1991—Pub. L. 102–240 substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in section catchline and subsec. (a).
Section 3004(a), (b) of Pub. L. 102–240 provided that:
“(a)
“(b)
(a)
(b)
(c)
(d)
(e)
(f)
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, §4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108–426, §2(a), Nov. 30, 2004, 118 Stat. 2423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 108(a) | 49:1655(b)(1), (2). | Oct. 15, 1966, Pub. L. 89–670, §§3(e)(3) (related to USCG), 6(b)(1), (2), 80 Stat. 932, 938. |
| 108(b) | 49:1652(e)(3) (related to USCG). |
Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words “Except when operating as a service of the Navy” are substituted for 49:1655(b)(2) because of 14:3. The words “The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967” are substituted for “and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury” to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931).
In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words “carrying out the duties and powers specified by law” are substituted for “such functions, powers, and duties as are specified in this chapter to be carried out”, and the words “carry out duties and powers prescribed” are substituted for “carry out such additional functions, powers, and duties as”, for consistency.
Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.
2004—Pub. L. 108–426 amended section catchline and text generally, substituting provisions relating to Pipeline and Hazardous Materials Safety Administration for provisions relating to Coast Guard.
1994—Subsec. (a). Pub. L. 103–272 designated existing provisions as par. (1), substituted “The Coast Guard” for “Except when operating as a service in the Navy, the Coast Guard”, and added par. (2).
Pub. L. 108–426, §5, Nov. 30, 2004, 118 Stat. 2426, as amended by Pub. L. 110–244, title III, §302(h), June 6, 2008, 122 Stat. 1618, provided that:
“(a)
“(b)
“(1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law.
“(c)
“(d)
“(1)
“(2)
“(3)
“(e)
“(f)
“(g)
“(h)
Pub. L. 108–426, §2(b), Nov. 30, 2004, 118 Stat. 2424, provided that: “The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration.”
For transfer of authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108–426, set out as a note under section 112 of this title.
Pub. L. 108–426, §7, Nov. 30, 2004, 118 Stat. 2428, provided that: “The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004].”
Pub. L. 108–426, §6, Nov. 30, 2004, 118 Stat. 2428, provided that:
“(a)
“(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented.
“(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety.
“(b)
“(1)
“(2) NTSB
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(1)
(A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and
(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
(2)
(i)
(j)
(1)
(2)
(A) acquisition, construction, or reconstruction of vessels;
(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
(C) costs of national defense features;
(D) payments of obligations incurred for operating-differential subsidies;
(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
(F) the Vessel Operations Revolving Fund;
(G) National Defense Reserve Fleet expenses;
(H) expenses necessary to carry out part B of subtitle V of title 46; and
(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
(3)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, §5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, §12, Oct. 6, 2006, 120 Stat. 1698; Pub. L. 111–84, div. C, title XXXV, §3508, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, §1075(d)(26), Jan. 7, 2011, 124 Stat. 4374.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 109 | (no source). |
The section is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 109(a) | 46 App.:1111 note. | Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §201, 64 Stat. 1276. |
| 46 App.:1601. | Pub. L. 97–31, §2, Aug. 6, 1981, 95 Stat. 151. | |
| 109(b) | 46 App.:1111 note. | Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, §201, 75 Stat. 842; Pub. L. 88–426, title III, §305(19)(B), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–469, §38(a), Oct. 21, 1970, 84 Stat. 1036. |
| 46 App.:1603. | Pub. L. 97–31, §4, Aug. 6, 1981, 95 Stat. 151. | |
| 109(c) | 46 App.:1111 note. | Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §203, 64 Stat. 1276. |
| 109(d) | 46 App.:1111 note. | Reorg. Plan No. 21 of 1950, eff. May 24, 1950, §204, 64 Stat. 1276. |
| 46 App.:1602. | Pub. L. 97–31, §3, Aug. 6, 1981, 95 Stat. 151. | |
| 109(e) | 46 App.:1213(b). | June 29, 1936, ch. 858, title VIII, §809(b), as added Pub. L. 94–10, §3, Mar. 23, 1975, 89 Stat. 16; Pub. L. 97–31, §12(121), Aug. 6, 1981, 95 Stat. 164. |
| 109(f) | 46 App.:1122(d). | June 29, 1936, ch. 858, title II, §212(d), 49 Stat. 1990; Pub. L. 97–31, §12(69), Aug. 6, 1981, 95 Stat. 159. |
| 109(g) | 46 App.:1111(f) (2d sentence related to Secretary). | June 29, 1936, ch. 858, title II, §201(f) (2d sentence related to Secretary), 49 Stat. 1986; Aug. 4, 1939, ch. 417, §4, 53 Stat. 1182; Pub. L. 97–31, §12(58)(D), Aug. 6, 1981, 95 Stat. 158. |
| 109(h) | 46 App.:1117 (related to Secretary). | June 29, 1936, ch. 858, title II, §207 (related to Secretary), 49 Stat. 1988; June 23, 1938, ch. 600, §2, 52 Stat. 954; Pub. L. 97–31, §12(64), Aug. 6, 1981, 95 Stat. 159; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814. |
| 109(i)(1) | 46 App.:1119(a). | June 29, 1936, ch. 858, title II, §209, 49 Stat. 1988; Aug. 26, 1937, ch. 822, §3, 50 Stat. 839; Pub. L. 90–81, Sept. 5, 1967, 81 Stat. 193; Pub. L. 91–469, §2, Oct. 21, 1970, 84 Stat. 1018; Pub. L. 95–173, Nov. 12, 1977, §6(a), 91 Stat. 1360; Pub. L. 96–387, §4, Oct. 7, 1980, 94 Stat. 1546; Pub. L. 96–453, §3(a), Oct. 15, 1980, 94 Stat. 2008; Pub. L. 97–31, §12(66), Aug. 6, 1981, 95 Stat. 159. |
| 109(i)(2) | 46 App.:1119(b). | |
| 109(i)(3) | 46 App.:1295c–1. | Pub. L. 100–202, §101(a) [title V (4th proviso on p. 1329–28)], Dec. 22, 1987, 101 Stat. 1329, 1329–28. |
In subsection (b), the words “The Assistant Secretary of Commerce for Maritime Affairs shall, ex officio, be the Administrator” in section 201 of Reorganization Plan No. 7 of 1961 are omitted as superseded by 46 App. U.S.C. 1601 and 1603. The words “and who shall be compensated at the rate provided for level III of the Executive Schedule” in 46 App. U.S.C. 1603 are omitted as unnecessary because of 5 U.S.C. 5314.
In subsection (c), the word “Secretary” means the “Secretary of Transportation” because under 46 App. U.S.C. 1602 all functions, powers, and duties relating to the Maritime Administration were transferred from the Secretary of Commerce to the Secretary of Transportation. The words “in the competitive service” are substituted for “under the classified civil service” because of 5 U.S.C. 2102(c). The words “Provided, That such Deputy Administrator shall at no time sit as a member or acting member of the Federal Maritime Board” are omitted as obsolete because the Federal Maritime Board was abolished by section 304 of Reorganization Plan No. 7 of 1961 (46 App. U.S.C. 1111 note).
In subsection (f), the words “vessels of the United States” are substituted for “vessels of United States registry” because of the definition of “vessel of the United States” in chapter 1 of the revised title.
In subsection (g), the words “equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility” are substituted for “equal to the pay and allowances he would receive if he were the incumbent of an office or position in such service (or in the corresponding executive department), which, in the opinion of . . . the Secretary of Transportation, involves the performance of work similar in importance, difficulty, and responsibility” to eliminate unnecessary words.
In subsection (h)(2), the words “according to approved commercial practice as provided in the Act of March 20, 1922 (42 Stat. 444)” are omitted as obsolete and unnecessary.
In subsection (i)(2), the words “Notwithstanding any other provision of this chapter or any other law” are omitted as unnecessary. In clause (G), the words “National Defense Reserve Fleet” are substituted for “reserve fleet” for clarity. Clause (H) is substituted for “(7) maritime training at the Merchant Marine Academy at Kings Point, New York”, “(8) financial assistance to State maritime academies under section 1295c of this Appendix”, “(10) expenses necessary for additional training provided under section 1295d of this Appendix”, and “(10) expenses necessary to carry out subchapter XIII of this chapter” because of the reorganization of revised title 46 and to eliminate unnecessary words. The text of 46 App. U.S.C. 1119 (proviso) is omitted as obsolete.
2011—Subsec. (h). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 111–84, §3508(1). See 2009 Amendment note below.
2009—Subsec. (h). Pub. L. 111–84, §3508(1), as amended by Pub. L. 111–383, substituted “Contracts, Cooperative Agreements, and Audits” for “Contracts and Audits” in heading.
Subsec. (h)(1). Pub. L. 111–84, §3508(2), (3), substituted “Contracts and cooperative agreements” for “Contracts” in heading and “make contracts and cooperative agreements” for “make contracts” in introductory provisions.
Subsec. (h)(1)(A). Pub. L. 111–84, §3508(4), (5), substituted “section,” for “section and” and “title 46, and all other Maritime Administration programs;” for “title 46;”.
Subsecs. (i), (j). Pub. L. 111–84, §3508(6), added subsec. (i) and redesignated former subsec. (i) as (j).
2006—Pub. L. 109–304 amended section generally. Prior to amendment, section read as follows:
“(a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in the Department of Transportation.
“(b) The Administrator of the Administration appointed under section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports directly to the Secretary of Transportation.”
1994—Pub. L. 103–272 inserted “App.” after “(46” in subsecs. (a) and (b).
Pub. L. 111–383, div. A, title X, §1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(26) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111–84 as enacted.
Pub. L. 97–31, §10, Aug. 6, 1981, 95 Stat. 153, provided that: “With respect to any function or office transferred by this Act [see Tables for classification] and exercised on or after the effective date of this Act [Aug. 6, 1981], reference in any other Federal law to the Maritime Administration or any of its predecessor agencies or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary of Transportation, other official, or component of the Department of Transportation to which this Act transfers such functions.”
Pub. L. 111–84, div. C, title XXXV, §3516, Oct. 28, 2009, 123 Stat. 2725, provided that:
“(a)
“(1)
“(2)
“(b)
“(1) to expand the Marine View system; and
“(2) to provide support for the strategic requirements of the marine transportation system and its contribution to the economic viability of the United States.
“(c)
“(1) provides access to many disparate marine transportation system data sources;
“(2) enables a system-wide view of the marine transportation system;
“(3) fosters partnerships between the Government of the United States and private entities;
“(4) facilitates accurate and efficient modeling of the entire marine transportation system environment;
“(5) monitors and tracks threats to the marine transportation system, including areas of severe weather or reported piracy; and
“(6) provides vessel tracking and rerouting, as appropriate, to ensure that the economic viability of the United States waterways is maintained.”
(a) The Saint Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, §4(j)(5)(A), July 5, 1994, 108 Stat. 1366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 110(a) | (no source). | |
| 110(b) | 33:981 (note). | Oct. 15, 1966, Pub. L. 89–670, §8(g)(2), 80 Stat. 943. |
Subsection (a) is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.
1994—Subsec. (a). Pub. L. 103–272 substituted “Saint Lawrence” for “St. Lawrence”.
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(4)
(5)
(A) productivity in various parts of the transportation sector;
(B) traffic flows for all modes of transportation;
(C) other elements of the intermodal transportation database established under subsection (e);
(D) travel times and measures of congestion;
(E) vehicle weights and other vehicle characteristics;
(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode and goods movement;
(G) transportation costs for passenger travel and goods movement;
(H) availability and use of mass transit (including the number of passengers served by each mass transit authority) and other forms of for-hire passenger travel;
(I) frequency of vehicle and transportation facility repairs and other interruptions of transportation service;
(J) safety and security for travelers, vehicles, and transportation systems;
(K) consequences of transportation for the human and natural environment;
(L) the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under subsection (g); and
(M) transportation-related variables that influence the domestic economy and global competitiveness.
(6)
(7)
(8)
(9)
(d)
(1)
(2)
(A) identify, in order of priority, the transportation data that is not being collected by the Bureau, operating administrations of the Department, or other Federal, State, or local entities, but is needed to improve transportation decisionmaking at the Federal, State, and local levels and to fulfill the requirements of subsection (c)(5);
(B) recommend whether the data identified in subparagraph (A) should be collected by the Bureau, other parts of the Department, or by other Federal, State, or local entities, and whether any data is of a higher priority than data currently being collected;
(C) identify any data the Bureau or other Federal, State, or local entity is collecting that is not needed;
(D) describe new data collection methods (including changes in surveys) and other changes the Bureau or other Federal, State, or local entity should implement to improve the standardization, accuracy, and utility of transportation data and statistics; and
(E) estimate the cost of implementing any recommendations.
(3)
(4)
(A) how the Department plans to fill the data gaps identified under paragraph (2)(A);
(B) how the Department plans to stop collecting data identified under paragraph (2)(C);
(C) how the Department plans to implement improved data collection methods and other changes identified under paragraph (2)(D);
(D) the expected costs of implementing subparagraphs (A), (B), and (C) of this paragraph;
(E) any findings of the assessment under paragraph (1) with which the Secretary disagrees, and why; and
(F) any proposed statutory changes needed to implement the findings of the assessment under paragraph (1).
(e)
(1)
(2)
(3)
(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and intermodal combinations and by relevant classification;
(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations and by relevant classification;
(C) information on the location and connectivity of transportation facilities and services; and
(D) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.
(f)
(1)
(2)
(3)
(g)
(1)
(A) transportation networks;
(B) flows of people, goods, vehicles, and craft over the networks; and
(C) social, economic, and environmental conditions that affect or are affected by the networks.
(2)
(h)
(i)
(1) investigation of the subjects specified in subsection (c)(5) and research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;
(2) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;
(3) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (f); and
(4) development and improvement of methods for sharing geographic data, in support of the database under subsection (g) and the National Spatial Data Infrastructure.
(j)
(1) to authorize the Bureau to require any other department or agency to collect data; or
(2) to reduce the authority of any other officer of the Department to collect and disseminate data independently.
(k)
(1)
(A) make any disclosure in which the data provided by an individual or organization under subsection (c) can be identified;
(B) use the information provided under subsection (c) for a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c).
(2)
(A)
(B)
(i) shall be immune from legal process; and
(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings.
(C)
(3)
(l)
(m)
(1) the disclosure of which to another Federal agency is expressly prohibited by law; or
(2) the disclosure of which the agency possessing the information determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.
(n)
(o)
(1)
(2)
(A) advise the Director on the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department;
(B) provide input to and review the report to Congress under subsection (d)(4); and
(C) advise the Director on methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.
(3)
(4)
(A)
(B)
(5)
(Added Pub. L. 102–240, title VI, §6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104–287, §5(2), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, §1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, §4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, §5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, §3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, §5601(a), Aug. 10, 2005, 119 Stat. 1833.)
Executive Order No. 12906, referred to in subsec. (c)(6), is set out as a note under section 1457 of Title 43, Public Lands.
The Government Performance and Results Act of 1993, referred to in subsec. (c)(8), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, as amended, which enacted sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, section 306 of Title 5, Government Organization and Employees, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
The date of enactment of the SAFETEA–LU, referred to in subsecs. (d)(1) and (o)(4)(B), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
The Federal Advisory Committee Act, referred to in subsec. (o)(5), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally, adding subsecs. (d), (h), (m), and (o) and substituting subsecs. (a) to (c), (e) to (g), (i) to (l), and (n) for former text consisting of subsecs. (a) to (k) which contained somewhat similar provisions.
2004—Subsec. (a). Pub. L. 108–426, §3(a), substituted “in the Research and Innovative Technology Administration” for “in the Department of Transportation”.
Subsec. (b)(1). Pub. L. 108–426, §3(b)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The Bureau shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate.”
Subsec. (b)(3), (4). Pub. L. 108–426, §3(b)(2), struck out heading and text of pars. (3) and (4) which read as follows:
“(3)
“(4)
1998—Subsec. (b)(4). Pub. L. 105–178, §5109(a)(1), struck out after first sentence “The term of the first Director to be appointed shall begin on the 180th day after December 18, 1991.”
Subsec. (c)(1)(L). Pub. L. 105–178, §5109(a)(2)(A), added subpar. (L).
Subsec. (c)(2). Pub. L. 105–178, §5109(a)(2)(B)(i), substituted “transportation systems of the United States” for “national transportation system” in introductory provisions.
Subsec. (c)(2)(A). Pub. L. 105–178, §5109(a)(2)(B)(ii), added subpar. (A) and struck out former subpar. (A) which read as follows: “be coordinated with efforts to develop performance indicators for the national transportation system undertaken pursuant to section 307(b)(3) of title 23, United States Code;”.
Subsec. (c)(2)(C). Pub. L. 105–178, §5109(a)(2)(B)(iii), inserted “, made relevant to the States and metropolitan planning organizations,” after “accuracy”.
Subsec. (c)(3). Pub. L. 105–178, §5109(a)(2)(C), inserted at end “The Bureau shall review and report to the Secretary of Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993, and the amendments made by such Act, and shall carry out such other reviews of the sources and reliability of other data collected by the heads of the operating administrations of the Department as shall be requested by the Secretary.”
Subsec. (c)(7). Pub. L. 105–178, §5109(a)(2)(D), added par. (7).
Subsecs. (d) to (f). Pub. L. 105–178, §5109(a)(5), added subsecs. (d) to (f). Former subsecs. (d) to (f) redesignated (h) to (j), respectively.
Subsec. (g). Pub. L. 105–178, §5109(a)(4), (5), added subsec. (g) and struck out heading and text of former subsec. (g). Text read as follows: “An individual who, on December 18, 1991, is performing any function required by this section to be performed by the Director may continue to perform such function until such function is undertaken by the Director.”
Subsec. (h). Pub. L. 105–178, §5109(a)(3), redesignated subsec. (d) as (h).
Subsec. (i). Pub. L. 105–178, §5109(a)(6), added subsec. (i) and struck out heading and text of former subsec. (i). Text read as follows: “Information compiled by the Bureau shall not be disclosed publicly in a manner that would reveal the personal identity of any individual, consistent with the Privacy Act of 1974 (5 U.S.C. 552a), or to reveal trade secrets or allow commercial or financial information provided by any person to be identified with such person.”
Pub. L. 105–178, §5109(a)(3), redesignated subsec. (e) as (i).
Subsec. (j). Pub. L. 105–178, §5109(a)(7), substituted “The Director” for “On or before January 1, 1994, and annually thereafter, the Director”.
Pub. L. 105–178, §5109(a)(3), redesignated subsec. (f) as (j).
Subsec. (k). Pub. L. 105–178, §5109(a)(8), added subsec. (k).
1997—Pub. L. 105–130 made technical amendment to directory language of Pub. L. 102–240, §6006(a), which enacted this section.
1996—Subsec. (b)(4). Pub. L. 104–324 inserted at end “The Director may continue to serve after the expiration of the term until a successor is appointed and confirmed.”
Pub. L. 104–287 substituted “December 18, 1991” for “the date of the enactment of this section”.
Subsec. (g). Pub. L. 104–287 substituted “December 18, 1991” for “the date of the enactment of this section”.
Pub. L. 106–181, title I, §103(b), Apr. 5, 2000, 114 Stat. 67, provided that: “There is authorized to be appropriated from the Airport and Airway Trust Fund to the Secretary [of Transportation] $4,000,000 for fiscal years beginning after September 30, 2000, to fund the activities of the Office of Airline Information in the Bureau of Transportation Statistics of the Department of Transportation.”
Pub. L. 105–178, title V, §5115, June 9, 1998, 112 Stat. 446, as amended by Pub. L. 105–206, title IX, §9011(e), July 22, 1998, 112 Stat. 864, provided that:
“(a)
“(1) to measure the ton-miles and value-miles of international trade traffic carried by highway for each State;
“(2) to evaluate the accuracy and reliability of such measures for use in the formula for highway apportionments;
“(3) to evaluate the accuracy and reliability of the use of diesel fuel data as a measure of international trade traffic by State; and
“(4) to identify needed improvements in long-term data collection programs to provide accurate and reliable measures of international traffic for use in the formula for highway apportionments.
“(b)
“(c)
Section 6007 of Pub. L. 102–240 provided that:
“(a)
“(b)
“(c)
“(d)
Section 6008 of Pub. L. 102–240 provided that:
“(a)
“(b)
“(c)
“(1) Data collection procedures and capabilities.
“(2) Data analysis procedures and capabilities.
“(3) Ability of data bases to integrate with one another.
“(4) Computer hardware and software capabilities.
“(5) Information management systems, including the ability of information management systems to integrate with one another.
“(6) Availability and training of the personnel of the Department.
“(7) Budgetary needs and resources of the Department for data collection.
“(d)
1 So in original. Probably should not be capitalized.
(a)
(b)
(1)
(2)
(c)
(d)
(1) powers and duties prescribed by the Secretary for—
(A) coordination, facilitation, and review of the Department's research and development programs and activities;
(B) advancement, and research and development, of innovative technologies, including intelligent transportation systems;
(C) comprehensive transportation statistics research, analysis, and reporting;
(D) education and training in transportation and transportation-related fields; and
(E) activities of the Volpe National Transportation Center; and
(2) other powers and duties prescribed by the Secretary.
(e)
(1) to conduct research into transportation service and infrastructure assurance; and
(2) to carry out other research activities of the Administration.
(Added Pub. L. 102–508, title IV, §401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, §6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, §4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, §7301, Aug. 10, 2005, 119 Stat. 1914.)
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
2004—Pub. L. 108–426, §4(a)(1), substituted “Research and Innovative Technology Administration” for “Research and Special Programs Administration” in section catchline.
Subsec. (a). Pub. L. 108–426, §4(a)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There is established in the Department of Transportation a Research and Special Programs Administration.”
Subsec. (d). Pub. L. 108–426, §4(a)(3), added subsec. (d) and struck out heading and text of former subsec. (d) which related to the responsibilities of the Administrator of the Research and Special Programs Administration.
Subsec. (e). Pub. L. 108–426, §4(a)(4), struck out heading and text of subsec. (e). Text read as follows: “Nothing in this section shall affect any delegation of authority, regulation, order, approval, exemption, waiver, contract, or other administrative act of the Secretary with respect to laws administered through the Research and Special Programs Administration of the Department of Transportation on October 24, 1992.”
1994—Subsec. (e). Pub. L. 103–429 substituted “October 24, 1992” for “the date of the enactment of this section”.
Pub. L. 108–426, §4(b), Nov. 30, 2004, 118 Stat. 2425, provided that:
“(1)
“(2)
Pub. L. 108–426, §4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: “The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration.”
For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Section 306 of Pub. L. 102–508 provided that:
“(a)
“(b)
(a)
(b)
(c)
(d)
(e)
(f)
(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and
(2) additional duties and powers prescribed by the Secretary.
(g)
(h)
(i)
(Added Pub. L. 106–159, title I, §101(a), Dec. 9, 1999, 113 Stat. 1750.)
Section effective Jan. 1, 2000, see section 107(a) of Pub. L. 106–159, set out as an Effective Date of 1999 Amendment note under section 104 of this title.
Pub. L. 106–159, §3, Dec. 9, 1999, 113 Stat. 1749, provided that: “Congress makes the following findings:
“(1) The current rate, number, and severity of crashes involving motor carriers in the United States are unacceptable.
“(2) The number of Federal and State commercial motor vehicle and operator inspections is insufficient and civil penalties for violators must be utilized to deter future violations.
“(3) The Department of Transportation is failing to meet statutorily mandated deadlines for completing rulemaking proceedings on motor carrier safety and, in some significant safety rulemaking proceedings, including driver hours-of-service regulations, extensive periods have elapsed without progress toward resolution or implementation.
“(4) Too few motor carriers undergo compliance reviews and the Department's data bases and information systems require substantial improvement to enhance the Department's ability to target inspection and enforcement resources toward the most serious safety problems and to improve States’ ability to keep dangerous drivers off the roads.
“(5) Additional safety inspectors and inspection facilities are needed in international border areas to ensure that commercial motor vehicles, drivers, and carriers comply with United States safety standards.
“(6) The Department should rigorously avoid conflicts of interest in federally funded research.
“(7) Meaningful measures to improve safety must be implemented expeditiously to prevent increases in motor carrier crashes, injuries, and fatalities.
“(8) Proper use of Federal resources is essential to the Department's ability to improve its research, rulemaking, oversight, and enforcement activities related to commercial motor vehicles, operators, and carriers.”
Pub. L. 106–159, §4, Dec. 9, 1999, 113 Stat. 1749, provided that: “The purposes of this Act [see Tables for classification] are—
“(1) to improve the administration of the Federal motor carrier safety program and to establish a Federal Motor Carrier Safety Administration in the Department of Transportation; and
“(2) to reduce the number and severity of large-truck involved crashes through more commercial motor vehicle and operator inspections and motor carrier compliance reviews, stronger enforcement measures against violators, expedited completion of rulemaking proceedings, scientifically sound research, and effective commercial driver's license testing, recordkeeping and sanctions.”
Pub. L. 106–159, title I, §106, Dec. 9, 1999, 113 Stat. 1756, provided that:
“(a)
“(b)
“(1) that have been issued, made, granted, or allowed to become effective by the Office, any officer or employee of the Office, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act or the amendments made by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Administration, any other authorized official, a court of competent jurisdiction, or operation of law.
“(c)
“(1)
“(2)
“(3)
“(d)
“(1)
“(2)
“(3)
“(e)
“(f)
“(g)
(a)
(b)
(1)
(2)
(A) be a citizen of the United States; and
(B) have experience in a field directly related to transportation or security.
(3)
(c)
(d)
(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and
(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.
(e)
(1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments.
(f)
(1) receive, assess, and distribute intelligence information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for dealing with threats to transportation security;
(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational guidance to the field security resources of the Administration, including Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and requirements;
(8) identify and undertake research and development activities necessary to enhance transportation security;
(9) inspect, maintain, and test security facilities, equipment, and systems;
(10) ensure the adequacy of security measures for the transportation of cargo;
(11) oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;
(12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel;
(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such other powers, relating to transportation security as the Under Secretary considers appropriate, to the extent authorized by law.
(g)
(1)
(A) To coordinate domestic transportation, including aviation, rail, and other surface transportation, and maritime transportation (including port security).
(B) To coordinate and oversee the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.
(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation.
(D) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary shall prescribe.
(2)
(3)
(h)
(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers—
(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.
(i)
(j)
(1)
(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;
(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;
(D) to acquire services, including such personal services as the Secretary determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.
(2)
(k)
(l)
(1)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(m)
(1)
(2)
(n)
(o)
(p)
(1)
(2)
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.
(3)
(4)
(q)
(r)
(1)
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential commercial or financial information; or
(C) be detrimental to the security of transportation.
(2)
(3)
(4)
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person, organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(s)
(1)
(A) a National Strategy for Transportation Security; and
(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.
(2)
(3)
(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption.
(B) The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007 1 across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.
(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, local, and tribal authorities and establishes mechanisms for encouraging cooperation and participation by private sector entities, including nonprofit employee labor organizations, in the implementation of such plan.
(E) A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.
(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.
(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.
(I) Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103(a) of title 46.
(4)
(A)
(B)
(C)
(i)
(ii)
(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.
(II) An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.
(III) An accounting of all—
(aa) funds requested in the President's budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;
(bb) personnel working on transportation security by mode, including the number of contractors; and
(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department.
(iii)
(D)
(E)
(5)
(A)
(B)
(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
(ii) the report required by section 44938 of this title;
(iii) transportation modal security plans required under this section;
(iv) the transportation sector specific plan required under Homeland Security Presidential Directive–7; and
(v) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.
(6)
(7)
(u) 2
(1)
(A)
(B)
(C)
(D)
(E)
(2)
(3)
(4)
(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;
(B) the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department that has the primary authority, or has been delegated such authority by the Secretary, to regulate the security of that transportation mode;
(C) a reasonable deadline by which the Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5)
(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
(B) consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(8)
(9)
(v)
(1)
(A)
(B)
(C)
(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—
(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;
(II) by a member of the armed forces of the United States when performing official duties; or
(III) by a civilian employee of the Department of Defense when performing official duties.
(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary's designee.
(2)
(A)
(B)
(3)
(A)
(B)
(C)
(i) the amount in controversy is more than—
(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(II) $50,000 if the violation was committed by an individual or small business concern;
(ii) the action is in rem or another action in rem based on the same violation has been brought; or
(iii) another action has been brought for an injunction based on the same violation.
(D)
(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(ii) $50,000, if the violation was committed by an individual or small business concern.
(E)
(i) written notice of the proposed penalty; and
(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not later than 30 days after the date on which the person receives notice.
(4)
(A) The Secretary may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5)
(6)
(A)
(i) the United States Postal Service; or
(ii) the Department of Defense.
(B)
(7)
(A)
(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and
(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.
(B)
(C)
(D)
(w)
(1) railroad security—
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security—
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security—
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
(Added Pub. L. 107–71, title I, §101(a), Nov. 19, 2001, 115 Stat. 597; amended Pub. L. 107–296, title XVI, §1601(b), title XVII, §1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, §351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–458, title IV, §4001(a), Dec. 17, 2004, 118 Stat. 3710; Pub. L. 110–53, title XII, §§1202, 1203(a), title XIII, §1302(a), title XV, §1503(a), Aug. 3, 2007, 121 Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, title V, §568(a), Dec. 26, 2007, 121 Stat. 2092; Pub. L. 111–83, title V, §561(c)(1), Oct. 28, 2009, 123 Stat. 2182.)
The date of enactment of the Aviation and Transportation Security Act, referred to in subsec. (k), is the date of enactment of Pub. L. 107–71, which was approved Nov. 19, 2001.
The Inspector General Act of 1978, referred to in subsec. (o), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Aviation and Transportation Security Act, referred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 40101 of this title and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(B), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Section 1410 of the Act is classified to section 1139 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of Title 6 and Tables.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the date of enactment of this subsection, referred to in subsecs. (s)(3)(F), (u)(6), (7)(C), and (v)(7)(D), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
2009—Subsec. (r)(4). Pub. L. 111–83 added par. (4).
2007—Subsecs. (o) to (s). Pub. L. 110–161 redesignated subsecs. (p) to (s) as (o) to (r), respectively, and struck out former subsec. (o). Text of former subsec. (o) read as follows: “The acquisition management system established by the Administrator of the Federal Aviation Administration under section 40110 shall apply to acquisitions of equipment, supplies, and materials by the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such modifications to the acquisition management system with respect to such acquisitions of equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects of other acquisition management systems of the Department of Transportation.”
Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as (s).
Subsec. (t)(1)(B). Pub. L. 110–53, §1202(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “transportation modal security plans.”
Subsec. (t)(3)(B). Pub. L. 110–53, §1202(b)(1), inserted “, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007” after “risk-based priorities”.
Subsec. (t)(3)(D). Pub. L. 110–53, §1202(b)(2), substituted “local, and tribal” for “and local” and “cooperation and participation by private sector entities, including nonprofit employee labor organizations,” for “private sector cooperation and participation”.
Subsec. (t)(3)(E). Pub. L. 110–53, §1202(b)(3), substituted “prevention, response, and recovery” for “response and recovery” and inserted “and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems” before period at end.
Subsec. (t)(3)(F). Pub. L. 110–53, §1202(b)(4), inserted at end “Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.”
Subsec. (t)(3)(G) to (I). Pub. L. 110–53, §1202(b)(5), added subpars. (G) to (I).
Subsec. (t)(4)(C)(i). Pub. L. 110–53, §1202(c)(1)(A), inserted “, including the transportation modal security plans” before period at end.
Subsec. (t)(4)(C)(ii), (iii). Pub. L. 110–53, §1202(c)(1)(B), added cls. (ii) and (iii) and struck out former cl. (ii). Text of former cl. (ii) read as follows: “Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal security plans that the Secretary, in consultation with the Secretary of Transportation, considers appropriate.”
Subsec. (t)(4)(E). Pub. L. 110–53, §1202(c)(2), added subpar. (E) and struck out former subpar. (E). Text of former subpar. (E) read as follows: “In this subsection, the term ‘appropriate congressional committees’ means the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate.”
Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, §1202(d), added cl. (iv) and redesignated former cl. (iv) as (v).
Subsec. (t)(6), (7). Pub. L. 110–53, §1202(e), added pars. (6) and (7).
Subsec. (u). Pub. L. 110–53, §1203(a), added subsec. (u).
Subsec. (v). Pub. L. 110–53, §1302(a), added subsec. (v).
Subsec. (w). Pub. L. 110–53, §1503(a), added subsec. (w).
2004—Subsec. (t). Pub. L. 108–458 added subsec. (t).
2003—Subsec. (q)(1). Pub. L. 108–7 inserted “or other Federal agency” after “Transportation Security Administration”.
2002—Subsec. (l)(2)(B). Pub. L. 107–296, §1707, inserted “for a period not to exceed 90 days” after “effective” and “ratified or” before “disapproved”.
Subsec. (s). Pub. L. 107–296, §1601(b), added subsec. (s).
Pub. L. 110–161, div. E, title V, §568(b), Dec. 26, 2007, 121 Stat. 2092, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of enactment of this Act [Dec. 26, 2007].
Pub. L. 108–458, title IV, §4082, Dec. 17, 2004, 118 Stat. 3732, provided that: “This title [enacting section 44925 of this title, amending this section, sections 44903, 44904, 44909, 44917, 44923, 46301 to 46303, and 48301 of this title, and sections 70102 and 70103 of Title 46, Shipping, and enacting provisions set out as notes under sections 44703, 44901, 44913, 44917, 44923, 44925, and 44935 of this title, section 2751 of Title 22, Foreign Relations and Intercourse, and section 70101 of Title 46] shall take effect on the date of enactment of this Act [Dec. 17, 2004].”
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 110–161, div. E, title V, §571, Dec. 26, 2007, 121 Stat. 2093, provided that: “Effective no later than ninety days after the date of enactment of this Act [Dec. 26, 2007], the Transportation Security Administration shall permit approved members of Registered Traveler programs to satisfy fully the required identity verification procedures at security screening checkpoints by presenting a biometrically-secure Registered Traveler card in lieu of the government-issued photo identification document required of non-participants: Provided, That if their identity is not confirmed biometrically, the standard identity and screening procedures will apply: Provided further, That if the Assistant Secretary (Transportation Security Administration) determines this is a threat to civil aviation, then the Assistant Secretary (Transportation Security Administration) shall notify the Committees on Appropriations of the Senate and House of Representatives five days in advance of such determination and require Registered Travelers to present government-issued photo identification documents in conjunction with a biometrically-secure Registered Traveler card.”
Pub. L. 110–53, title XII, §1203(b), Aug. 3, 2007, 121 Stat. 385, provided that:
“(1)
“(A) the number of public and private stakeholders who were provided with each report;
“(B) a description of the measures the Secretary has taken, under section 114(u)(7) of title 49, United States Code, as added by this section, or otherwise, to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the Plan; and
“(C) an explanation of the reason for the denial of transportation security information to any stakeholder who had previously received such information.
“(2)
Pub. L. 110–53, title XVI, §1611, Aug. 3, 2007, 121 Stat. 485, provided that: “The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered transportation security measures.”
Pub. L. 110–53, title XVI, §1612, Aug. 3, 2007, 121 Stat. 485, provided that:
“(a)
“(b)
“(1) to provide appropriate levels of aviation security; and
“(2) to accomplish that goal in such a manner that the average aviation security-related delay experienced by airline passengers is reduced to a level of less than 10 minutes.”
Pub. L. 109–90, title V, §514, Oct. 18, 2005, 119 Stat. 2084, provided that: “Notwithstanding section 3302 of title 31, United States Code, for fiscal year 2006 and thereafter, the Administrator of the Transportation Security Administration may impose a reasonable charge for the lease of real and personal property to Transportation Security Administration employees and for use by Transportation Security Administration employees and may credit amounts received to the appropriation or fund initially charged for operating and maintaining the property, which amounts shall be available, without fiscal year limitation, for expenditure for property management, operation, protection, construction, repair, alteration, and related activities.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, §516, Oct. 18, 2004, 118 Stat. 1318.
Pub. L. 109–90, title V, §515, Oct. 18, 2005, 119 Stat. 2084, provided that: “For fiscal year 2006 and thereafter, the acquisition management system of the Transportation Security Administration shall apply to the acquisition of services, as well as equipment, supplies, and materials.”
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–334, title V, §517, Oct. 18, 2004, 118 Stat. 1318.
Pub. L. 109–90, title V, §540, Oct. 18, 2005, 119 Stat. 2088, provided that: “For fiscal year 2006 and thereafter, notwithstanding section 553 of title 5, United States Code, the Secretary of Homeland Security shall impose a fee for any registered traveler program undertaken by the Department of Homeland Security by notice in the Federal Register, and may modify the fee from time to time by notice in the Federal Register: Provided, That such fees shall not exceed the aggregate costs associated with the program and shall be credited to the Transportation Security Administration registered traveler fee account, to be available until expended.”
Pub. L. 107–71, title I, §109, Nov. 19, 2001, 115 Stat. 613, as amended by Pub. L. 107–296, title XIV, §1403(b), Nov. 25, 2002, 116 Stat. 2306, provided that:
“(a)
“(1) Require effective 911 emergency call capability for telephones serving passenger aircraft and passenger trains.
“(2) Establish a uniform system of identification for all State and local law enforcement personnel for use in obtaining permission to carry weapons in aircraft cabins and in obtaining access to a secured area of an airport, if otherwise authorized to carry such weapons.
“(3) Establish requirements to implement trusted passenger programs and use available technologies to expedite the security screening of passengers who participate in such programs, thereby allowing security screening personnel to focus on those passengers who should be subject to more extensive screening.
“(4) In consultation with the Commissioner of the Food and Drug Administration, develop alternative security procedures under which a medical product to be transported on a flight of an air carrier would not be subject to an inspection that would irreversibly damage the product.
“(5) Provide for the use of technologies, including wireless and wire line data technologies, to enable the private and secure communication of threats to aid in the screening of passengers and other individuals on airport property who are identified on any State or Federal security-related data base for the purpose of having an integrated response coordination of various authorized airport security forces.
“(6) In consultation with the Administrator of the Federal Aviation Administration, consider whether to require all pilot licenses to incorporate a photograph of the license holder and appropriate biometric imprints.
“(7) Provide for the use of voice stress analysis, biometric, or other technologies to prevent a person who might pose a danger to air safety or security from boarding the aircraft of an air carrier or foreign air carrier in air transportation or intrastate air transportation.
“(8) Provide for the use of technology that will permit enhanced instant communications and information between airborne passenger aircraft and appropriate individuals or facilities on the ground.
“(9) Require that air carriers provide flight attendants with a discreet, hands-free, wireless method of communicating with the pilots.
“(b)
[For definitions of terms used in section 109 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
1 So in original. Probably should be followed by a closing parenthesis.
2 So in original. There is no subsec. (t).
3 So in original. Probably should be “subsection (s).”.
(a)
(b)
(1)
(A) The Secretary of Homeland Security, or the Secretary's designee.
(B) The Secretary of Transportation, or the Secretary's designee.
(C) The Attorney General, or the Attorney General's designee.
(D) The Secretary of Defense, or the Secretary's designee.
(E) The Secretary of the Treasury, or the Secretary's designee.
(F) The Director of National Intelligence, or the Director's designee.
(G) One member appointed by the President to represent the National Security Council.
(2)
(c)
(1) review and ratify or disapprove any regulation or security directive issued by the Under Secretary of Transportation for security 1 under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Under Secretary regarding matters reviewed under paragraph (5).
(d)
(e)
(Added Pub. L. 107–71, title I, §102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107–296, title IV, §426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111–259, title IV, §411, Oct. 7, 2010, 124 Stat. 2725.)
2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The Director of the Central Intelligence Agency, or the Director's designee.”
2002—Subsec. (a). Pub. L. 107–296, §426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”.
Subsec. (b)(1). Pub. L. 107–296, §426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.”
Subsec. (b)(2). Pub. L. 107–296, §426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 So in original. Probably should be capitalized.
2003—Pub. L. 108–168, §8(b)(2), Dec. 6, 2003, 117 Stat. 2035, added item 354.
1994—Pub. L. 103–272, §4(j)(6)(B), (9)(B), (10)(B), July 5, 1994, 108 Stat. 1366–1368, added item 303a, struck out items 334 “Limit on aviation charges” and 335 “Authorization of appropriations”, and added item 337, subchapter III heading, and items 351 to 353.
1991—Pub. L. 102–240, title I, §1036(c)(2), Dec. 18, 1991, 105 Stat. 1985, added item 309.
1989—Pub. L. 101–225, title III, §305(2), Dec. 12, 1989, 103 Stat. 1925, added item 336.
1984—Pub. L. 98–216, §2(1)(B), Feb. 14, 1984, 98 Stat. 5, substituted “Reports” for “Annual reports” in item 308.
The Secretary of Transportation shall—
(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102–240, title V, §5002(a), title VI, §6017, Dec. 18, 1991, 105 Stat. 2158, 2183; Pub. L. 105–178, title I, §1504, June 9, 1998, 112 Stat. 251.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 49:1653(a). | Oct. 15, 1966, Pub. L. 89–670, §4(a), 80 Stat. 933. |
In the introductory clause before “shall”, the words “in carrying out the purposes of this chapter . . . among his responsibilities” are omitted as surplus.
In clause (4), the word “compiling” is substituted for “gathering” for consistency.
1998—Par. (9). Pub. L. 105–178 added par. (9).
1991—Pars. (3) to (5). Pub. L. 102–240, §5002(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Par. (6). Pub. L. 102–240, §§5002(a), 6017, redesignated par. (5) as (6) and inserted “, and including basic highway vehicle science”. Former par. (6) redesignated (7).
Pars. (7), (8). Pub. L. 102–240, §5002(a), redesignated pars. (6) and (7) as (7) and (8), respectively.
Pub. L. 109–364, div. C, title XXXV, §3504, Oct. 17, 2006, 120 Stat. 2516, provided that: “The Secretary of Transportation may transfer or otherwise make available without reimbursement to any other department a vessel under the jurisdiction of the Department of Transportation, upon request by the Secretary of the department that receives the vessel.”
Pub. L. 109–59, title I, §1926, Aug. 10, 2005, 119 Stat. 1483, as amended by Pub. L. 110–244, title I, §108(a), June 6, 2008, 122 Stat. 1602, provided that: “Notwithstanding any other provision of law, the Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code.”
Pub. L. 105–178, title III, §3034, June 9, 1998, 112 Stat. 386, provided that:
“(a)
“(b)
“(1) identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act [June 9, 1998];
“(2) identify the amount of such assistance received by each Federal department and agency in such fiscal years; and
“(3) identify the projects and activities funded using such financial assistance.
“(c)
Pub. L. 105–66, title III, §346, Oct. 27, 1997, 111 Stat. 1449, provided that:
“(a) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as ‘GWEN’) as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the ‘Nationwide Differential Global Positioning System’ (referred to in this section as ‘NDGPS’).
“(b) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may—
“(1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);
“(2) to the maximum extent practicable, use contractor services to install the NDGPS;
“(3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);
“(4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as ‘CORS’) system of the National Geodetic Survey of the Department of Commerce; and
“(5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.
“(c) The Secretary of Transportation may—
“(1) manage and operate the NDGPS;
“(2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and
“(3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.
“(d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.
“(e) The Secretary of Transportation may—
“(1) in cooperation with appropriate representatives of private industries and universities and officials of State governments—
“(A) investigate improvements (including potential improvements) to the NDGPS;
“(B) develop standards for the NDGPS; and
“(C) sponsor the development of new applications for the NDGPS; and
“(2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of—
“(A) the Federal Government;
“(B) State and local governments; and
“(C) the general public.”
Section 5002(b), (c) of Pub. L. 102–240, which provided for establishment within the Office of the Secretary of Transportation of an Intermodal Transportation Advisory Board to make recommendations for carrying out responsibilities of the Secretary concerning the coordination of Federal policy on intermodal transportation, and for establishment within the Office of the Secretary of an Office of Intermodalism to develop intermodal transportation data, to coordinate Federal research on intermodal transportation, to provide technical assistance to States and metropolitan planning organizations, and to provide administrative and clerical support to the Intermodal Transportation Advisory Board, was repealed and reenacted as sections 5502 and 5503 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 849, 850, 1379.
Section 5003 of Pub. L. 102–240, which directed Secretary of Transportation to make grants to States, representing a variety of geographic regions and transportation needs, patterns, and modes, for purpose of developing model State intermodal transportation plans consistent with policy of United States to encourage and promote development of national intermodal transportation system, was repealed and reenacted as section 5504 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 850, 1379.
Section 5005 of Pub. L. 102–240 provided for establishment of a National Commission on Intermodal Transportation, consisting of 11 appointed members, to make a complete investigation and study of intermodal transportation in the United States and internationally and to send a report to Congress not later than Sept. 30, 1993, containing recommendations for implementing the policy set out in section 302(e) of this title, with the Commission to terminate on the 180th day following transmittal of the report, prior to repeal by Pub. L. 104–287, §7(3), Oct. 11, 1996, 110 Stat. 3400.
Section 6015 of Pub. L. 102–240 directed Secretary of Transportation to identify existing and emerging trade corridors and transportation subsystems that facilitate trade between United States, Canada, and Mexico and to recommend changes to improve and integrate corridor subsystems in order to achieve increased productivity and use of innovative marketing techniques, and directed Secretary to report to Congress not later than 18 months after Dec. 18, 1991, on transportation infrastructure needs and associated costs and to propose an agenda to develop systemwide integration of services for national benefits.
Section 6020 of Pub. L. 102–240 directed Secretary of Transportation to conduct a study to evaluate feasibility, costs, and benefits of constructing and operating pneumatic capsule pipelines for underground movement of commodities other than hazardous liquids and gas, and to submit, not later than 2 years after Dec. 18, 1991, a report to Congress on the results of the study, prior to repeal by Pub. L. 104–287, §7(3), Oct. 11, 1996, 110 Stat. 3400.
Pub. L. 100–457, title III, §317(b), Sept. 30, 1988, 102 Stat. 2149, directed Department of Transportation to undertake a long-range, multi-modal national transportation strategic planning study, such study to forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015 and to include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area, with study to be submitted to Congress on or before Oct. 1, 1989. Similar provisions were contained in the following prior appropriation act: Pub. L. 100–202, §101(l) [title III, §317(b)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–381.
Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under section 70101 of this title.
Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, §2, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:
(b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services.
(c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary's list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection.
(b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member's department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.
(b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements.
(c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner.
(d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order.
George W. Bush.
(a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.
(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
(c) The Secretary shall consider the needs—
(1) for effectiveness and safety in transportation systems; and
(2) of national defense.
(d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—
(A) conducting economic and technological research;
(B) demonstrating advancements in high-speed ground transportation technologies;
(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
(D) minimizing the long-term risks of investors.
(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
(e)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–240, title I, §1036(a), title V, §5001, Dec. 18, 1991, 105 Stat. 1978, 2158; Pub. L. 103–272, §5(m)(6), July 5, 1994, 108 Stat. 1375; Pub. L. 104–88, title III, §308(a), Dec. 29, 1995, 109 Stat. 946.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302(a) | 49:1653(b)(1). | Oct. 15, 1966, Pub. L. 89–670, §4(b), 80 Stat. 933. |
| 302(b) | 49:1653(b)(2). | |
| 302(c) | 49:1653(b)(3). |
In subsection (a), the words “In carrying out his duties and responsibilities under this chapter” before “Secretary of Transportation” are omitted as surplus. The words “the transportation policy of sections 10101 and 10101a of this title in addition to other laws” are substituted for “all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of April 25, 1940, as amended, and the Act of September 2, 1958, as amended, relating to the United States Coast Guard” because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms.
In subsection (c), the words “In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter” before “Secretary” are omitted as surplus. The word “consider” is substituted for “give full consideration to” to eliminate surplus words. The words “for operational continuity of the functions transferred” after “the needs” are omitted as executed.
1995—Subsec. (a). Pub. L. 104–88 substituted “13101” for “10101a”.
1994—Subsec. (b). Pub. L. 103–272 substituted “This subtitle and chapters 221 and 315 of this title” for “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)”.
1991—Subsec. (d). Pub. L. 102–240, §1036(a), added subsec. (d).
Subsec. (e). Pub. L. 102–240, §5001, added subsec. (e).
1984—Subsec. (b). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
Amendment by section 1036(a) of Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of Title 23, Highways.
(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
(c)
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
(d)
(1)
(A)
(B)
(C)
(2)
(A) the Secretary has determined, in accordance with the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f), that—
(i) the transportation program or project will have no adverse effect on the historic site; or
(ii) there will be no historic properties affected by the transportation program or project;
(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
(3)
(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100–17, title I, §133(d), Apr. 2, 1987, 101 Stat. 173; Pub. L. 109–59, title VI, §6009(a)(2), Aug. 10, 2005, 119 Stat. 1875.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a) | 49:1651(b)(2). | Oct. 15, 1966, Pub. L. 89–670, §2(b)(2), 80 Stat. 931. |
| 49:1653(f) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §4(f), 80 Stat. 934; restated Aug. 23, 1968, Pub. L. 90–495, §18(b), 82 Stat. 824. | |
| 303(b) | 49:1653(f) (2d sentence). | |
| 303(c) | 49:1653(f) (less 1st, 2d sentences). |
In subsection (a), the words “hereby declared to be” before “the policy” are omitted as surplus. The words “of the United States Government” are substituted for “national” for clarity and consistency.
In subsection (b), the words “crossed by transportation activities or facilities” are substituted for “traversed” for clarity.
In subsection (c), before clause (1), the words “After August 23, 1968” after “Secretary” are omitted as executed. The word “transportation” is inserted before “program” for clarity. In clause (2), the words “or project” are added for consistency.
2005—Subsec. (c). Pub. L. 109–59, §6009(a)(2)(A), inserted heading and substituted “Subject to subsection (d), the Secretary” for “The Secretary” in introductory provisions.
Subsec. (d). Pub. L. 109–59, §6009(a)(2)(B), added subsec. (d).
1987—Subsec. (c). Pub. L. 100–17 inserted “(other than any project for a park road or parkway under section 204 of title 23)” after “program or project”.
Pub. L. 105–85, div. A, title X, §1079, Nov. 18, 1997, 111 Stat. 1916, provided that: “No military flight operation (including a military training flight), or designation of airspace for such an operation, may be treated as a transportation program or project for purposes of section 303(c) of title 49, United States Code.”
(a)
(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)
(c)
(1) investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States;
(2) investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically;
(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities;
(4) investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which—
(A) the waterways are being used to their capacity and are meeting the demands of traffic; and
(B) water carriers using those waterways are interchanging traffic with rail carriers;
(5) investigate other matters that may promote and encourage inland water transportation; and
(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.
(Pub. L. 103–272, §4(j)(6)(A), July 5, 1994, 108 Stat. 1366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303a | 49 App.:142. | Feb. 28, 1920, ch. 91, §500, 41 Stat. 499; Aug. 6, 1981, Pub. L. 97–31, §12(9), 95 Stat. 154. |
Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in chapter 3.
In subsection (a)(2), the words “in full vigor both” are omitted as surplus.
In subsection (b), the words “be construed to” are omitted as surplus.
In subsection (c)(1), the word “appropriate” is omitted as surplus. The word “vessels” is substituted for “boats” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words “the subject of”, “apparatus”, “appliances in connection therewith”, and “or interchange” are omitted as surplus.
In subsection (c)(3), the words “appropriate” and “suitable” are omitted as surplus.
In subsection (c)(6), the words “province and”, “from time to time”, and “useful statistics, data, and” are omitted as surplus.
(a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall—
(1) consult and exchange information about their respective transportation policies and activities;
(2) carry out joint planning, research, and other activities;
(3) coordinate assistance for local transportation projects; and
(4) jointly study methods by which policies and programs of the United States Government can ensure that urban transportation systems most effectively serve both transportation needs of the United States and the comprehensively planned development of urban areas.
(b) The Secretaries shall report on April 1 of each year to the President, for submission to Congress, on their studies and other activities under this section, including legislative recommendations they consider desirable.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304(a) | 49:1653(g) (less 3d sentence). | Oct. 15, 1966, Pub. L. 89–670, §4(g), 80 Stat. 934. |
| 304(b) | 49:1653(g) (3d sentence). |
In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed.
In subsection (a)(4), the word “ensure” is substituted for “assure” as being more precise. The words “of the United States Government” are substituted for “Federal”, and the words “United States” are substituted for “national”, for clarity and consistency.
In subsection (b), the words “The Secretaries shall report on April 1 of each year” are substituted for “They shall, within one year after the effective date of the Act, and annually thereafter, report” to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word “consider” is substituted for “determine” for consistency.
For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the requirement to submit an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 150 of House Document No. 103–7.
(a) Subject to sections 301–304 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or report—
(A) with the Secretary and include the views and comments of the Secretary; and
(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and
(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2420.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305(a) | 49:1656(a) (less next-to-last par.). | Oct. 15, 1966, Pub. L. 89–670, §7 (less (a) next-to-last par.), 80 Stat. 941. |
| 305(b) | 49:1656 (less (a)). |
In subsection (a), before clause (1), the words “consistent with national transportation policies” after “develop standards and criteria” are omitted as unnecessary because of section 302 of the revised title. The words “Based on experience” are substituted for “in the light of experience”, and the words “shall prescribe” are substituted for “be promulgated by the”, to conform to other sections of the revised title. The words “from time to time” after “shall revise” are omitted as unnecessary. The words “This subsection does not apply to” are substituted for “except such proposals as are concerned with” for clarity. In clause (1), the words “a department, agency, or instrumentality of the Government” are substituted for “Federal agencies” for clarity and consistency. Similar conforming changes are made throughout the section. The word “services” after “provide transportation” is omitted as unnecessary. In clause (2), the words “48 contiguous States” are substituted for “contiguous United States” for clarity.
The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation.
In subsection (b)(2), the words “unit of” before “governments” are omitted as surplus. In clause (3), the word “thereafter” after “send” is omitted as surplus.
(a) In this section, “financial assistance” includes obligation guarantees.
(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 or chapter 221 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.).
(c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection.
(d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions:
(1) direct that no more Federal financial assistance be provided the person.
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98–216, §2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(7), July 5, 1994, 108 Stat. 1376.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 306(a) | 45:803(f). | Feb. 5, 1976, Pub. L. 94–210, §905, 90 Stat. 148. |
| 306(b) | 45:803(a). | |
| 306(c), (d) | 45:803(b). | |
| 306(e) | 45:803(c)–(e). |
In subsection (b), the enumerated laws are substituted for “through financial assistance under this Act”, meaning the Rail Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94–210, 90 Stat. 31) and laws amended by that Act. The laws cited in the subsection are substituted for “through financial assistance under this Act” for clarity. The enumerated laws include provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 that amend other laws as well as provisions that are not amendments to other laws. A reference to the Urban Mass Transportation Act of 1964 (Pub. L. 88–365, 78 Stat. 302) is omitted because this section related to that Act is superseded by 49:1615.
In subsection (c), the word “decides” is substituted for “determines” for consistency. The word “ensure” is substituted for “assure” as being more precise.
In subsection (d), the words “at least one of the following actions” are substituted for “and/or” for clarity and consistency.
In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary.
This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix.
The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (b), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, as amended. Title V of the Act is classified generally to subchapter II (§821 et seq.) of chapter 17 of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
1994—Subsec. (b). Pub. L. 103–272 substituted “section 332 or 333 or chapter 221 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)” for “section 332 or 333 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.), or section 4(i) or 5 of the Department of Transportation Act (49 U.S.C. 1653(i), 1654)”.
1984—Subsec. (b). Pub. L. 98–216 substituted “section 332 or 333 of this title” for “section 332 of this title” and “49 App. U.S.C.” for “49 U.S.C.”.
(a) The Secretary of Transportation shall inspect promptly the safety compliance record in the Department of Transportation of each person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service. The Secretary shall report the findings of the inspection to the Commission.
(b) When the Secretary is not satisfied with the safety record of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed transfer of permanent authority, the Secretary shall intervene and present evidence of the fitness of the person to the Commission in its proceedings.
(c) When requested by the Commission, the Secretary shall—
(1) provide the Commission with a complete report on the safety compliance of a carrier providing transportation or freight forwarder service subject to its jurisdiction;
(2) provide promptly a statement of the safety record of a person applying to the Commission for temporary authority to provide transportation;
(3) intervene and present evidence in a proceeding in which a finding of fitness is required; and
(4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act on an application or to make a finding on the fitness of a carrier.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2421.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307(a) | 49:1653(e)(1). | Oct. 15, 1966, Pub. L. 89–670, §4(e), 80 Stat. 934. |
| 307(b) | 49:1653(e)(2). | |
| 307(c) | 49:1653(e)(3), (4). |
In the section, the words “be the duty of” before “Secretary shall” are omitted as surplus.
In subsection (a), the word “inspect” is substituted for “investigate” as being more appropriate. The words “person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service” are substituted for “applicant seeking operating authority from the Interstate Commerce Commission” as being more precise and to conform to subtitle IV of the revised title. The words “of the inspection” are inserted for clarity.
In subsection (b), the words “person applying for permanent authority to provide transportation or freight forwarder service” are substituted for “applicant for permanent operating authority” as being more precise and to conform to subtitle IV of the revised title. The words “proposed transfer of permanent authority” are substituted for “proposed transaction involving transfer of operating authority” to eliminate surplus words and for clarity because the transfer only involves permanent authority.
In subsection (c)(1), the words “providing transportation or freight forwarder service subject to its jurisdiction” are inserted for clarity.
Subsection (c)(2) is substituted for 49:1653(e)(3) for clarity and to conform to subtitle IV of the revised title. The words “freight forwarder service” are not used because the law does not provide for temporary authority for freight forwarders.
In subsection (c)(3) and (4), the word “finding” is substituted for “determination” to conform to subtitle IV of the revised title.
In subsection (c)(3), the words “necessary or” before “desirable” are omitted as surplus.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
(b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include—
(1) collected information the Secretary considers valuable in deciding questions about—
(A) the development and regulation of civil aeronautics;
(B) the use of airspace of the United States; and
(C) the improvement of the air navigation and traffic control system; and
(2) recommendations for additional legislation and other action the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the—
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national welfare and security; and
(3) factors that may impede the continued development of the ports.
[(d) Repealed. Pub. L. 104–66, title I, §1121(h), Dec. 21, 1995, 109 Stat. 724.]
(e)(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.
(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, §2(1)(A), Feb. 14, 1984, 98 Stat. 4; Pub. L. 104–66, title I, §1121(h), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105–362, title XV, §1502(c), Nov. 10, 1998, 112 Stat. 3295.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a) | 45:792. | Jan. 2, 1974, Pub. L. 93–236, §602, 87 Stat. 1022. |
| 49:1658. | Oct. 15, 1966, Pub. L. 89–670, §12, 80 Stat. 949; Feb. 5, 1976, Pub. L. 94–210, §906(1), 90 Stat. 149. | |
| 308(b) | 49:1354(e). | Aug. 23, 1958, Pub. L. 85–726, §313(e), 72 Stat. 753. |
| 308(c) | 15:1519a. | Oct. 3, 1980, Pub. L. 96–371, §2, 94 Stat. 1362; Aug. 6, 1981, Pub. L. 97–31, §12(8), 95 Stat. 154. |
In subsection (a), the words “As part of his annual report each year” in 45:792 are omitted as unnecessary because of the restatement of the source provisions.
In subsection (b), before clause (1), the words “aviation activities of the Department” are substituted for “work performed under this chapter” because of the restatement. The words “The report shall include” are substituted for “Such report shall contain” for consistency. In clause (1), the words “and data” after “information” are omitted as surplus. The words “airspace of the United States” are substituted for “National airspace” for clarity and consistency. In clause (2), the words “the Secretary considers necessary” are substituted for “as may be considered” for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(d) | 49 App.:1654a. | Oct. 14, 1980, Pub. L. 96–448, §409, 94 Stat. 1948; Dec. 21, 1982, Pub. L. 97–375, §210(a), 96 Stat. 1825. |
| 308(e) | 49 App.:1601c. | Jan. 6, 1983, Pub. L. 97–424, §310, 96 Stat. 2151. |
This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (Pub. L. 97–375, 96 Stat. 1821) repealed section 602 of the Regional Rail Reorganization Act of 1973 (Pub. L. 93–236, 87 Stat. 1022), which was restated as section 308(a) (last sentence) of title 49 by section 1 of the Act of January 12, 1983 (Pub. L. 97–449, 96 Stat. 2413).
In subsection (e)(1), the words “January of each even-numbered year” are substituted for “January of 1984 and in January of every second year thereafter” to eliminate unnecessary words.
1998—Subsec. (e)(1). Pub. L. 105–362 substituted “submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report” for “submit a report to Congress in January of each even-numbered year”.
1995—Subsec. (d). Pub. L. 104–66 struck out subsec. (d) which related to reports to Congress listing assistance provided by Government to railroad industry.
1984—Pub. L. 98–216, §2(1)(A)(i), substituted “Reports” for “Annual reports” in section catchline.
Subsec. (a). Pub. L. 98–216, §2(1)(A)(ii), struck out requirement that the report include a complete statement on the effectiveness of the United States Railway Association and the Consolidated Rail Corporation in carrying out the purposes of the Regional Rail Reorganization Act of 1973.
Subsecs. (d), (e). Pub. L. 98–216, §2(1)(A)(iii), added subsecs. (d) and (e).
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reporting provisions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this section, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Pub. L. 100–202, §101(l) [title III, §317(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–380, and Pub. L. 100–457, title III, §317(a), Sept. 30, 1988, 102 Stat. 2148, which required Secretary of Transportation to transmit to Congress an annual report on Federal Aviation Administration's prior safety enforcement activities including staffing level comparisons, inspector experience and training schedules, criteria used to set annual work programs, annual inspection comparisons, statement of adequacy of internal management controls, status of regulatory changes, list of specific operational measures of effectiveness, schedule showing number of civil penalty cases closed, schedule showing number of enforcement actions taken, and schedules showing aviation industry's safety record, were repealed and reenacted as section 44723 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1202, 1379.
(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.
(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.
(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.
(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.
(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include—
(I) feasibility of guideway or track design and construction;
(II) safety and reliability;
(III) impact on the environment in comparison to other high-speed ground transportation technologies;
(IV) minimization of land use;
(V) effect on human factors related to high-speed ground transportation;
(VI) energy and power consumption and cost;
(VII) integration of high-speed ground transportation systems with other modes of transportation;
(VIII) actual and projected ridership; and
(IX) design of signaling, communications, and control systems.
(C) For the purposes of this paragraph, the term “eligible applicant” means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.
(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.
(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as defined by section 201(b) of title 35, United States Code), with United States companies for the purpose of—
(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and
(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.
(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity's share of the cost of any such project shall be paid in cash.
(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code.
(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).
(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of—
(A) an economic and financial analysis;
(B) a technical assessment; and
(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.
(2) The economic and financial analysis referred to in paragraph (1)(A) shall include—
(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;
(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of—
(i) the current transportation practices and trends in each market; and
(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;
(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;
(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;
(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;
(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;
(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;
(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;
(I) an assessment of the potential for a high-speed ground transportation technology export market;
(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;
(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and
(L) any other economic or financial analyses the Secretary considers important for carrying out this section.
(3) The technical assessment referred to in paragraph (1)(B) shall include—
(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;
(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;
(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;
(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;
(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;
(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and
(G) any other technical assessments the Secretary considers important for carrying out this section.
(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the “Policy”).
(2) The Policy shall include—
(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;
(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;
(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and
(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.
(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.
(Added Pub. L. 102–240, title I, §1036(c)(1), Dec. 18, 1991, 105 Stat. 1982.)
Section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of Pub. L. 102–240, which is set out below.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of Pub. L. 100–342, which amended section 431 of Title 45, Railroads.
Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of Title 23, Highways.
Section 1036(b) of Pub. L. 102–240 provided that:
“(1)
“(2)
“(A)
“(B)
“(C)
“(3)
“(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4),
“(B) the applicant agrees to submit the detailed design within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and
“(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share.
“(4)
“(A)
“(i) 1 member to be appointed by the Secretary,
“(ii) 1 member to be appointed by the Assistant Secretary,
“(iii) 3 members to be appointed by the Senate majority and minority leaders, and
“(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House,
shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate.
“(B)
“(C)
“(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route.
“(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops.
“(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant.
“(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed.
“(v) The project shall be located in an area that provides a potential ridership base for future commercial operation.
“(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States.
“(vii) The project shall have at least 1 switch.
“(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode.
“(D)
“(5)
“(A)
“(B)
“(6)
“(7)
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in section 40102(a) of this title.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(8), July 5, 1994, 108 Stat. 1376; Pub. L. 103–429, §6(2), Oct. 31, 1994, 108 Stat. 4378.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 321 | (no source). |
A number of the source provisions of the subchapter are taken from 49:ch. 20. The text of 49:ch. 20 contains general definitions, some of which are used in those source provisions. The section includes those definitions from 49:ch. 20 that are used in the source provisions included in the subchapter.
This makes a clarifying amendment to 49:321.
1994—Pub. L. 103–429 struck out “, respectively” after “of this title”.
Pub. L. 103–272 substituted “section 40102(a) of this title” for “section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8))”.
1984—Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Section 9 of Pub. L. 103–429 provided that: “The amendments made by sections 6(2)–(15), (19)–(35), (37)–(39), (41), (44)–(52), (54)–(62), (65), (66)(B), (70), (73)–(76), and (78)–(81) of this Act [enacting section 41312 of this title and amending this section and sections 5103, 5104, 5115, 5125, 5307, 5318, 5320, 5323, 5326, 5327, 5331, 5337, 5565, 20136, 22108, 24501, 24904, 30141, 30165, 30166, 30308, 31501, 32101, 32304, 32309, 32505, 32703, 32705, 32706, 32908 to 32910, 32913, 33101, 33106, 40102, 40104, 40110, 41103, 41110, 41734, 44502, 44701, 44711, 44937, 45105, 45302, 46301, 46310, 46502, 47101, 47113, 47114, 47128, 47531, 47532, 60109, and 60112 of this title] shall take effect on July 5, 1994.”
(a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.
(b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1),1 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned.
(c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers—
(1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent;
(2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and
(3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies.
(d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for—
(1) rent and personal services;
(2) travel expenses;
(3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges;
(4) printing and binding;
(5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics;
(6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade;
(7) investigations and studies about aeronautics; and
(8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property.
(e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that—
(1) making the property would require a substantial initial investment or an extended period of preparation; and
(2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 322(a) | 49:1657(e)(1) (last 19 words), (2) (last 19 words), (f), (g). | Oct. 15, 1966, Pub. L. 89–670, §9(e)–(g), 80 Stat. 944. |
| 322(b) | 49:1344(d) (less words after semicolon). | Aug. 23, 1958, Pub. L. 85–726, §§302(k), 303(a), (d) (less words after semicolon), 80 Stat. 747, 749. |
| 49:1657(e)(1) (less last 19 words), (2) (less last 19 words), (3). | ||
| 5 App. U.S.C. | Reorg. Plan No. 2 of 1968, eff. July 1, 1968, §2, 82 Stat. 1369. | |
| 322(c) | 49:1343(i). | |
| 322(d) | 49:1344(a). | |
| 322(e) | 49:1344(e). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §303(e); added May 21, 1970, Pub. L. 91–258, §51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94–353, §16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96–470, §112(e), 94 Stat. 2240. |
In the chapter, the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in the provisions of the Federal Aviation Act of 1958 (Pub. L. 85–726, 72 Stat. 731) restated in the revised chapter because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (a), the words “may prescribe regulations to carry out the duties and powers” are substituted for “may make such rules and regulations as may be necessary to carry out . . . functions, powers, and duties” for consistency and to eliminate unnecessary words. The text of 49:1657(f) and (g) is omitted as executed because the transfer of personnel, assets, and liabilities, etc., has been accomplished.
In subsection (b), the words “Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties” before “the Secretary may” in 49:1657(e)(1) are omitted because of the specific wording of sections 103, 104, and 106 of the revised title. The words “in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter” before “delegate” in 49:1657(e)(1) are omitted because the authority of the Secretary to delegate is consolidated in the subsection. The words “the duties and powers of the Secretary” are substituted for “any of his residual functions, powers, and duties” in 49:1657(e)(1) and “any of the functions transferred to him by this reorganization plan” in section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968, 82 Stat. 1369), for clarity and consistency. The words “as he may designate” and “of such functions, powers, and duties as he may deem desirable” are omitted as surplus each place they appear in 49:1657(e)(1) and (2). The text of section 322(b) (1st sentence) of the revised title is substituted for 49:1344(d) (less words after semicolon) for clarity and because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The text of 49:1657(e)(2) (words before 2d comma) is omitted as unnecessary because the authority of an officer to delegate is consolidated in the subsection. The words “the duties and powers of the officer” are substituted for “such functions, powers, and duties” in 49:1657(e)(2) for clarity and consistency. The words “the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title” are substituted for “any of the statutory duties and responsibilities specifically assigned to them by this chapter” in 49:1657(e)(3) for clarity. The words “may not be delegated to an officer or employee outside the Administration concerned” are substituted for “The Administrators established by section 1652(e) of this title . . . may not delegate . . . outside of their respective administrations” in 49:1657(e)(3) for clarity and because of the restatement of the section.
In subsection (c), before clause (1), the words “aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. In clause (2), the words “those departments, agencies, and instrumentalities” are substituted for “such other agencies and instrumentalities” in 49:1343(i) for clarity and consistency. The words “aviation . . . Department” are substituted for “Administration” in 49:1343(i) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (d), before clause (1), the words “aviation duties and powers” are substituted for “for the exercise and performance of the powers and duties vested in and imposed upon him by law” in 49:1344(a) because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words “at the seat of government and elsewhere as may be necessary” after “expenditures” and “and as from time to time may be appropriated for by Congress” are omitted as surplus. In clause (8), the words “passenger-carrying aircraft and automobiles” are substituted for “passenger-carrying automobiles and aircraft” in 49:1344(a) for clarity. The words “such . . . as is necessary in the exercise and performance of the powers and duties of the Secretary” after “aircraft” in 49:1344(a) are omitted as unnecessary because of the restatement of the section. The text of 49:1344(a) (proviso) is omitted as unnecessary.
In subsection (e), before clause (1), the words “or in support of” are omitted as surplus. In clause (1), the words “making the property” are substituted for “for manufacture” for clarity. In clause (2), the word “formal” is omitted as unnecessary. The word “unreasonably” is substituted for “unduly” for consistency.
Section 103(c)(1) of this title, referred to in subsec. (b), was struck out by Pub. L. 110–432, div. A, title I, §101, Oct. 16, 2008, 122 Stat. 4851. Provisions similar to those contained in former subsec. (c)(1) of section 103 are now contained in subsec. (g)(1) of section 103.
Pub. L. 106–69, title III, §329, Oct. 9, 1999, 113 Stat. 1021, provided that: “Hereafter, notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 105–277, div. A, §101(g) [title III, §332], Oct. 21, 1998, 112 Stat. 2681–439, 2681–471.
Pub. L. 105–66, title III, §332, Oct. 27, 1997, 111 Stat. 1447.
Pub. L. 104–205, title III, §344, Sept. 30, 1996, 110 Stat. 2976.
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, upon establishment of Department of Transportation amended and revoked certain executive orders relating to transportation, and, in addition to any other authority, authorized Secretary of Transportation and Federal Aviation Administrator to redelegate and authorize successive redelegations of any authority conferred in the order or the orders amended by it.
1 See References in Text note below.
(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.
(b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a) | 49:1343(d). | Aug. 23, 1958, Pub. L. 85–726, §302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, §205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87–793, §1001(h), 76 Stat. 864. |
| 49:1343(f). | Aug. 23, 1958, Pub. L. 85–726, §302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, §205(a), 75 Stat. 791. | |
| 49:1657(a). | Oct. 15, 1966, Pub. L. 89–670, §9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95–251, §2(a)(12), 92 Stat. 183. | |
| 323(b) | 49:1343(g) (1st sentence 33d–43d words). | Aug. 23, 1958, Pub. L. 85–726, §302(i) (1st sentence 31st–41st words), 72 Stat. 747. |
| 49:1657(b). |
In the section, the word “pay” is substituted for “compensation” for consistency with title 5.
In subsection (a), the words “In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department” before “the Secretary” and “subject to the civil service and classification laws” before “to select” in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word “appoint” is substituted for “select, employ, appoint” because it is inclusive. The words “attorneys, and agents” after “employees” in 49:1343(d) and “including investigators, attorneys, and administrative law judges” after “employees” in 49:1657(a) are omitted as included in “officers and employees”. The words “of the Department of Transportation” are substituted for “as are necessary to carry out the provisions of this chapter” for consistency.
The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95–454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act.
In subsection (b), the word “procure” is substituted for “obtain” to conform to 5:3109. The words “unless otherwise specified in an appropriation Act” after “individuals” in 49:1657(b) are omitted as surplus.
(a) The Secretary of Transportation—
(1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and
(2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.
(b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.
(c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.
(d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 324(a)(1) | 49:1343(a)(1) (1st sentence). | Aug. 23, 1958, Pub. L. 85–726, §302(c)(1), (2) (related to cooperative agreements), 72 Stat. 745. |
| 324(a)(2) | 49:1657(c) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §9(c), (d), 80 Stat. 944. |
| 324(b) | 49:1657(p). | Oct. 15, 1966, Pub. L. 89–670, §9(p), 80 Stat. 947; Oct. 28, 1974, Pub. L. 93–496, §16(b), 88 Stat. 1533. |
| 324(c) | 49:1343(a)(1) (less 1st sentence). | |
| 49:1657(c) (less 1st sentence), (d)(2). | ||
| 324(d) | 49:1343(a)(2) (related to cooperative agreements). | |
| 49:1657(d)(1). |
In the section, the words “members of the armed forces” are substituted for “military personnel”, “Members of the Army, the Navy, the Air Force, or the Marine Corps”, and “members of the armed services” for clarity and to conform to title 10.
In subsection (a)(2), the words “other duties and powers of the Secretary” are substituted for “the functions of the Department” for clarity and consistency.
In subsection (b), the words “Notwithstanding any provision of this chapter or other law” before “a member” and “Subject to the provisions of title 5” before “a retired” are omitted as unnecessary.
In subsection (c), the words “The Secretary of Transportation and the Secretary of a military department may make cooperative agreements under which” are substituted for “by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation” in 49:1343(a)(1) and 49:1657(c) for clarity. The words “or the Coast Guard” before “may be detailed” in 49:1343(a)(1) (2d sentence) are omitted because of the transfer of the Coast Guard to the Secretary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “may be appointed, detailed, or assigned” are substituted for “may be detailed” for clarity and consistency in 49:1343(a)(1) and 49:1657(c). The words “to the Department of Transportation” are substituted for “for service in the Administration to effect such participation” in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words “in writing” after “annually” in 49:1657(d)(2) are omitted as unnecessary. The words “each member appointed, detailed, or assigned” are substituted for “personnel appointed” and “members of the armed services detailed” in 49:1657(d)(2) for clarity and consistency.
In subsection (d), the words “The Secretary of a military department” are substituted for “his armed force or any officer thereof” in 49:1657(d)(1) and “the department from which detailed or appointed or by any agency or officer thereof” in 49:1343(a)(2) for clarity and consistency. The words “directly or indirectly” before “with respect to” are omitted as surplus. The words “the duties and powers of . . . when those duties and powers pertain to the Department of Transportation” are substituted for “with respect to his responsibilities under this chapter or within the Administration” in 49:1343(a)(2) and “with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned” in 49:1657(d)(1) for consistency and because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words “does not control” are substituted for “No . . . shall be subject to direction or control by” in 49:1343(a)(2) and “shall not be subject to direction by or control by” 49:1657(d)(1) for clarity. The words “the acceptance of” before “and service” and “any appointive or other” before “position” in 49:1657(d)(1) are omitted as unnecessary. The words “a member” are added because of the restatement of the section. The words “that member” are substituted for “commissioned officers or enlisted men” in 49:1343(a)(2) and “officers and enlisted men” in 49:1657(d)(1) because of the restatement of the section and to eliminate unnecessary words. The word “held” is substituted for “may occupy or hold” to eliminate unnecessary words. The words “right or benefit” are substituted for “emolument, perquisite, right, privilege, or benefit” to eliminate unnecessary words. The words “incident to or” before “arising” are omitted as surplus.
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed as the 5th item on page 132), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.
(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government.
(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) | 49:1343(g) (1st sentence 1st–32d words). | Aug. 23, 1958, Pub. L. 85–726, §302(i) (less 1st sentence 31st–41st words), 72 Stat. 747. |
| 49:1657(o) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §9(o), 80 Stat. 947. | |
| 325(b) | 49:1343(g) (1st sentence 44th–53d words, last sentence). | |
| 49:1657(o) (last sentence). | ||
| 325(c) | 49:1343(g) (1st sentence 54th–last words). |
In subsection (a), the words “provisions of title 5 governing appointment in the competitive service” are substituted for “civil service laws” in 49:1657(o) for clarity and consistency. The words “as shall be appropriate for the purpose of” before “consultation” in 49:1657(o) are omitted as surplus. The words “the Secretary in carrying out the duties and powers of the Secretary” are substituted for “the Department in performance of its functions” in 49:1657(o) and “the Administration in performance of its functions hereunder” in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transportation.
In subsection (b), the word “compensation” after “may be paid” in 49:1657(o) is omitted as surplus. The words “not more than $100 a day” are substituted for “at rates not exceeding those authorized for individuals under subsection (b) of this section” in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words “A member is entitled to reimbursement for expenses under section 5703 of title 5” are substituted for 49:1343(g) (last sentence) and 49:1657(o) (last sentence words after 4th comma) for clarity.
In subsection (c), the words “A member of an advisory committee advising the Secretary” are substituted for “in the case of any individual” in 49:1343(g) for clarity. The words “may serve” are added for clarity and because of the restatement of the section. The words “in carrying out aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration.
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
(a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift.
(b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of—
(1) gifts of money;
(2) income from property accepted under this section and proceeds from the sale of that property; and
(3) income from securities under subsection (c) of this section.
(c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government.
(d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 326(a) | 49:1344(c)(1). | Aug. 23, 1958, Pub. L. 85–726, §303(c)(1), 72 Stat. 748. |
| 49:1657(m)(1) (1st, 3d sentences). | Oct. 15, 1966, Pub. L. 89–670, §9(m), 80 Stat. 946. | |
| 326(b) | 49:1657(m)(1) (2d sentence), (3) (less 1st sentence). | |
| 326(c) | 49:1657(m)(3) (1st sentence). | |
| 326(d) | 49:1657(m)(2). |
In the section, the word “gifts” is substituted for “gifts and bequests” in 49:1657(m)(1) because it is inclusive.
In subsection (a), the words “accept and use” are substituted for “accept, hold, administer, and utilize”, and the words “for the Department” are substituted for “for the purpose of aiding or facilitating the work of the Department” in 49:1657(m)(1), to eliminate unnecessary words. The word “property” is substituted for “property, both real and personal” in 49:1657(m)(1), and “gift or donation of money or other property, real and personal” in 49:1344(c)(1) to eliminate unnecessary words. The words “aviation duties and powers” are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words “under this section and proceeds from that property” are substituted for “pursuant to this paragraph, and the proceeds thereof” in 49:1657(m)(1) for clarity.
In subsection (b), the words “The Department has a” and “The fund consists of” are added for clarity and because of the restatement of the section. The word “separate” before “fund” is omitted as unnecessary and for consistency. The words “from the fund” are added for clarity. The words “accepted under this section” are substituted for “held by the Secretary pursuant to paragraph (1)” for clarity. The words “that property” are substituted for “other property received as gifts or bequests” to eliminate unnecessary words. The words “from securities under subsection (c) of this section” are substituted for “accruing from such securities” for clarity.
In subsection (c), the words “amounts in the fund” are substituted for “any moneys contained in the fund provided for in paragraph (1)” for clarity and consistency.
In subsection (d), the words “under this section” are substituted for “under paragraph (1)” because of the restatement of the section. The words “the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.)” are substituted for “For the purpose of Federal income, estate, and gift taxes” for consistency.
1986—Subsec. (d). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include—
(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;
(2) central messenger, mail, telephone, and other communications services;
(3) office space;
(4) central services for document reproduction, and for graphics and visual aids; and
(5) a central library service.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The fund consists of—
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property; and
(4) payments received for loss or damage to property of the fund.
(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 327(a) | 49:1657(j) (1st sentence less 11th–17th words). | Oct. 15, 1966, Pub. L. 89–670, §9(j), 80 Stat. 945. |
| 327(b) | 49:1657(j) (1st sentence 11th–17th words, 2d sentence, 18th–22d words). | |
| 327(c) | 49:1657(j) (2d sentence less 18th–22d words, 4th sentence). | |
| 327(d) | 49:1657(j) (less 1st, 2d, 4th sentences). |
In subsection (a), the words “Department of Transportation has” are substituted for “Secretary is authorized to establish” because the working capital fund has been established. The words “administrative” before “working” and “Amounts in the fund are available” are added for clarity. The words “the Secretary of Transportation decides are” are substituted for “as he shall find to be” for clarity. The words “desirable for the economy” are substituted for “desirable in the interest of economy” to eliminate unnecessary words. The words “such services as” before “a central supply service” and “in whole or in part” before “the requirements of the Department” are omitted as surplus. The words “the requirements of the Department” are substituted for “the requirements of the Department and its agencies” because they are inclusive.
In subsection (b), the words “Amounts in the fund” are added for clarity. The words “Amounts may be appropriated to the fund” are substituted for “(which appropriations are hereby authorized)” for clarity.
In subsection (c), the words “The fund consists of” are substituted for “The capital of the fund shall consist of” and “The fund shall also be credited with” for clarity. The word “reasonable” is substituted for “fair and reasonable” because it is inclusive. The words “amounts appropriated to the fund” are substituted for “of any appropriations made for the purpose of providing capital” for clarity. The words “amounts received from the sale” are substituted for “receipts from the sale”, and the words “payments received for loss” are substituted for “receipts in payment for”, as being more precise.
In subsection (d), the words “agencies and offices in” after “available funds of” are omitted because they are included in “Department”. The words “Amounts in the fund, in excess of amounts” are added for clarity. The words “any surplus found in the fund . . . above the” after “miscellaneous receipts” are omitted because of the restatement of this section. The words “to establish and” before “maintain” are omitted because the working capital fund has been established. The words “deposited in the Treasury” are substituted for “covered into the United States Treasury” for consistency. The words “are . . . in determining the amount of the excess” are added for clarity.
(a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The capital of the fund consists of—
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980;
(3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and
(4) the reasonable value of property and other assets donated to the fund.
(d) The fund shall be reimbursed or credited with—
(1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for—
(A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and
(B) acquiring property and equipment under regulations the Secretary prescribes; and
(2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund.
(e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 328(a) | 49:1657(r)(1) (1st sentence, 2d sentence words before last comma, last sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §9(r); added May 30, 1980, Pub. L. 96–254, §207, 94 Stat. 413. |
| 328(b) | 49:1657(r)(1) (2d sentence words after last comma), (2)(B) (words after last comma). | |
| 328(c) | 49:1657(r)(2)(A), (B) (words before last comma), (C). | |
| 328(d) | 49:1657(r)(3). | |
| 328(e) | 49:1657(r)(4). |
In subsection (a), the words “Department of Transportation has” are substituted for “Secretary is authorized to establish” because the working capital fund has been established. The text of 49:1657(r)(1) (2d sentence words before last comma) are omitted as executed. The words “The Transportation Systems Center is authorized to perform” are omitted as unnecessary because of the restatement. The word “approves” is substituted for “direct . . . and, when approved by the Secretary” to eliminate unnecessary words. The words “or his designee” are omitted because of section 322(b) of the revised title.
In subsection (c)(3) and (4), the words “fair and” are omitted as surplus.
In subsection (c)(3), the words “by the Department and other agencies of the Government” are omitted as surplus.
In subsection (c)(4), the words “from other sources” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “or his designee” are omitted because of section 322(b) of the revised title.
In subsection (e), the words “The Secretary shall deposit” are substituted for “there shall be transferred” for clarity and consistency. The words “in the fund” are added for clarity.
(a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.
(b) The Secretary shall—
(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on (A) the origin and destination of passengers in interstate air transportation (as that term is used in part A of subtitle VII of this title), and (B) the number of passengers traveling by air between any two points in interstate air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight and the flight number under which such flight operates are used solely for interstate air transportation and are not used for providing essential air transportation under subchapter II of chapter 417 of this title;
(2) study the possibilities of developing air commerce and the aeronautical industry; and
(3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.
(c)(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may—
(A) make special statistical studies on foreign and domestic transportation;
(B) make special studies on other matters related to duties and powers of the Secretary;
(C) prepare, from records of the Department of Transportation, special statistical compilations; and
(D) provide transcripts of studies, tables, and other records of the Department.
(2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information.
(d) To assist in carrying out duties and powers under part A of subtitle VII of this title, the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that part.
(e)
(1)
(2)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2426; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–443, §5(a), Oct. 4, 1984, 98 Stat. 1705; Pub. L. 103–272, §4(j)(7), July 5, 1994, 108 Stat. 1366; Pub. L. 104–287, §5(3), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 108–176, title IV, §421, title VIII, §805(a), Dec. 12, 2003, 117 Stat. 2551, 2587.)
Pub. L. 108–176, title VIII, §805, Dec. 12, 2003, 117 Stat. 2588, provided that, effective on the date of the issuance of a final rule to modernize the Origin and Destination Survey of Airline Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15, 1998 (Regulation Identifier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under subsection (b)(1) of this section, subsection (b)(1) of this section is amended by striking “except that in no case” and all that follows through the semicolon at the end and inserting the following: “except that, if the Secretary requires air carriers to provide flight-specific information, the Secretary—
“(A) shall not disseminate fare information for a specific flight to the general public for a period of at least 9 months following the date of the flight; and
“(B) shall give due consideration to and address confidentiality concerns of carriers, including competitive implications, in any rulemaking prior to adoption of a rule requiring the dissemination to the general public of any flight-specific fare;”.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 329(a) | 49:1634. | Sept. 30, 1965, Pub. L. 89–220, §4, 79 Stat. 893. |
| 49:1655(a)(2)(A) (related to 49:1634). | Oct. 15, 1966, Pub. L. 89–670, §§6(a)(2)(A) (related to §4 of the Act of Sept. 30, 1965), 9(n), 80 Stat. 937, 946. | |
| 329(b) | 49:1352. | Aug. 23, 1958, Pub. L. 85–726, §311, 72 Stat. 751. |
| 329(c)(1) | 49:1657(n)(1) (less last 17 words). | |
| 329(c)(2) | 49:1657(n)(1) (last 17 words), (2). | |
| 329(d) | 49:1343(b). | Aug. 23, 1958, Pub. L. 85–726, §302(d), 72 Stat. 746. |
In subsection (a), the word “information” is substituted for “data, statistics, and other information” in 49:1634 to eliminate unnecessary words. The words “transportation system of the United States” are substituted for “national transportation system” in 49:1634 for clarity and consistency. The words “in carrying out this activity” before “the Secretary shall” in 49:1634 are omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” in 49:1634 for clarity and consistency. The words “To the greatest extent practical” are substituted for “insofar as practicable” in 49:1634 for consistency. The words “The Secretary shall” are added for clarity.
In subsection (b), the words “by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil Aeronautics Board under title IV of that Act (49 U.S.C. 1371 et seq.)” are substituted for “the Board under subchapter IV and VII of this chapter)” in 49:1352 because 49:1655(d) (1st sentence) transferred duties of the Civil Aeronautics Board under 49:ch. 20, subch. VII to the Secretary of Transportation to be carried out through the National Transportation Safety Board. The reference to the National Transportation Safety Board is to the independent Board established by section 303(a) of the Independent Safety Board Act of 1974 (Pub. L. 93–633, 88 Stat. 2167) outside the Department of Transportation and not to the prior Board that was a part of the Department. The words “departments, agencies, and instrumentalities of the Government” are substituted for “government channels” in 49:1352 for clarity and consistency.
In subsection (c)(1), the words “of the United States” are added for clarity and consistency. The words “of a State, territory, or possession” are substituted for “thereof” after “subdivision” for clarity. The words “related to the duties and powers of the Secretary” are substituted for “falling within the province of the Department” for clarity and consistency.
In subsection (c)(2), the words “governmental authority requesting information under paragraph (1) of this subsection” are substituted for “body requesting it” for clarity and consistency. The word “separate” before “account” is omitted as unnecessary and for consistency. The words “must pay” are substituted for “upon the payment” after “other records” for clarity. The words “preparing the information” are substituted for “such work” after “actual cost of” for clarity. The word “payments” is substituted for “All moneys received by the Department in payment of the cost of work under paragraph (1)” to eliminate unnecessary words. The words “in the Treasury” are added for clarity and consistency. The words “The Secretary may use amounts in the account” are substituted for “These moneys may be used, in the discretion of the Secretary” for clarity and to eliminate unnecessary words. The words “to getting and providing the information” are substituted for “to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States” for clarity and to eliminate unnecessary words.
In subsection (d), the words “in carrying out duties and powers under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.)” are substituted for “in discharge of responsibilities under this chapter” in 49:1343(b) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and for consistency. The words “directly related to carrying out that part” are substituted for “directly relating to such responsibilities” in 49:1343(b) because of the restatement of the source provisions.
Section 4(j)(7) amends 49:329 to omit references to overseas air transportation because there no longer is a distinction between interstate air transportation and overseas air transportation.
This amends 49:329 to make conforming amendments necessary because of the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 745).
2003—Subsec. (e). Pub. L. 108–176, §421, added subsec. (e).
1996—Subsec. (b)(1). Pub. L. 104–287, §5(3)(A), substituted “(as that term is used in part A of subtitle VII of this title)” for “(as those terms are used in such Act)”.
Subsec. (d). Pub. L. 104–287, §5(3)(B), substituted “that part” for “that Act”.
1994—Subsec. (b)(1). Pub. L. 103–272, §4(j)(7)(A), substituted “chapter 11 of this title” for “title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.)”, “in interstate air transportation” for “in interstate and overseas air transportation” in two places, “for interstate air transportation” for “for interstate or overseas air transportation”, and “subchapter II of chapter 417 of this title” for “section 419 of the Federal Aviation Act of 1958”.
Subsec. (d). Pub. L. 103–272, §4(j)(7)(B), substituted “part A of subtitle VII of this title” for “the Federal Aviation Act of 1958 (49 App. U.S.C. 1301 et seq.)”.
1984—Subsec. (b)(1). Pub. L. 98–443 struck out reference to information collected and disseminated by the Civil Aeronautics Board under section 1371 et seq. of this title, and added cls. (A) and (B).
Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Subsec. (d). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Amendment by section 421 of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–176, title VIII, §805(b), Dec. 12, 2003, 117 Stat. 2588, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of the issuance of a final rule to modernize the Origin and Destination Survey of Airline Passenger Traffic, pursuant to the Advance Notice of Proposed Rulemaking published July 15, 1998 (Regulation Identifier Number 2105–AC71), that reduces the reporting burden for air carriers through electronic filing of the survey data collected under section 329(b)(1) of title 49, United States Code.”
Section 5(b) of Pub. L. 98–443 provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 1985.”
(a) The Secretary of Transportation may make contracts with educational institutions, public and private agencies and organizations, and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show that it is able to carry out the contract.
(b) In carrying out this section, the Secretary shall—
(1) give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary;
(2) participate in coordinating all research started under this section;
(3) indicate the lines of inquiry most important to the Secretary; and
(4) encourage and assist in establishing and maintaining cooperation by and between contractors and between them and other research organizations, the Department of Transportation, and other departments, agencies, and instrumentalities of the United States Government.
(c) The Secretary may distribute publications containing information the Secretary considers relevant to research carried out under this section.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2427.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 330(a) | 49:1657(q)(1). | Oct. 15, 1966, Pub. L. 89–670, §9(q)(1)–(3), 80 Stat. 947. |
| 49:1657(q)(2) (1st sentence). | ||
| 330(b) | 49:1657(q)(2) (less 1st sentence). | |
| 330(c) | 49:1657(q)(3). |
In subsection (a), the words “may make contracts” are substituted for “is authorized to enter into contracts” to eliminate unnecessary words. The words “the conduct of” before “scientific” are omitted as surplus. The words “a problem” are substituted for “any aspect of the problems” because of the style of the revised title. The words “carried out by the Secretary” are substituted for “of the Department which are authorized by statute” because the Secretary of Transportation is vested with all duties and powers. The words “Before making a contract” are substituted for “with which he expects to enter into contracts pursuant to this subsection” for clarity and to eliminate unnecessary words. The words “is able to carry out the contract” are substituted for “have the capability of doing effective work” for clarity.
In subsection (b), before clause (1), the words “In carrying out this section” are added for clarity. In clause (1), the word “give” is substituted for “furnish” before “such advice” for consistency. The words “duties and powers of the Secretary” are substituted for “mission of the Department” for clarity and consistency. In clause (4), the word “contractors” is substituted for “the institutions, agencies, organizations, or persons” to eliminate unnecessary words. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal agencies” for clarity and consistency.
In subsection (c), the words “considers relevant” are substituted for “as he deems pertinent” as more precise. The words “from time to time” before “disseminate” and “in the form of reports or . . . to public or private agencies or organizations, or individuals” before “such information” are omitted as unnecessary.
Pub. L. 106–159, title I, §101(g), Dec. 9, 1999, 113 Stat. 1752, provided that:
“(1)
“(2)
“(A)
“(B)
“(C)
(a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places:
(1) emergency medical services and supplies.
(2) food and other subsistence supplies.
(3) messing facilities.
(4) motion picture equipment and film for recreation and training.
(5) living and working quarters and facilities.
(6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress.
(b) The Secretary shall prescribe reasonable charges for medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made.
(c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2427; Pub. L. 103–272, §4(j)(8), July 5, 1994, 108 Stat. 1367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 331(a) | 49:1657(l) (less last sentence). | Oct. 15, 1966, Pub. L. 89–670, §9(l), 80 Stat. 946. |
| 331(b) | 49:1657(l) (last sentence). | |
| 331(c) | 49:1344(b). | Aug. 23, 1958, Pub. L. 85–726, §303(b), 72 Stat. 748. |
In subsection (a), the text of 49:1657(l) (words before 3d comma) is omitted as unnecessary. The words “of the Department of Transportation” are added for clarity. In clause (6), the words “individuals in distress” are substituted for “distressed persons” as being more precise.
In subsection (b), the words “The Secretary shall prescribe reasonable charges” are substituted for “shall be at prices reflecting reasonable value as determined by the Secretary” for clarity and to eliminate surplus words. The words “services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section” are substituted for “The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection” to eliminate surplus words. The words “Amounts received under this subsection” are substituted for “and the proceeds therefrom” for clarity.
In subsection (c), the words “aviation duties and powers” are substituted for “the Administration” in 49:1344(b) because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The words “before June 1” are substituted for “prior to the first day of March” in 49:1344(b) to conform to the change in the start of the fiscal year from July 1 to October 1 under 31:1020(a)(2). The words “and materials necessary” after “supplies” in 49:1344(b) are omitted as surplus. The words “to carry out those duties and powers” are substituted for “necessary to the proper execution of the Secretary of Transportation's functions” in 49:1344(b) for clarity and consistency. The words “the 48 contiguous States and the District of Columbia” are substituted for “the continental United States” in 49:1344(b) for clarity. The words “including those in Alaska” before “in amounts” in 49:1344(b) are omitted as unnecessary because of the restatement of the section. The words “The amount obligated under this subsection in a fiscal year” in 49:1344(b) are added for clarity. The words “available for buying and transporting supplies to those installations” are substituted for “made available for such purposes” in 49:1344(b) for clarity. The word “succeeding” after “next” in 49:1344(b) is omitted as surplus.
Section 4(j)(8) amends 49:331(b) to follow more closely the language in former 49:1657(l) on which it was based.
1994—Subsec. (b). Pub. L. 103–272 substituted “medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section” for “services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section”.
(a) In this section, “minority” includes women.
(b) The Department of Transportation has a Minority Resource Center. The Center may—
(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;
(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;
(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;
(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;
(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;
(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and
(7) make arrangements to carry out this section.
(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals.
(d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.
(e)
(1)
(2)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2428; Pub. L. 109–59, title I, §1951, Aug. 10, 2005, 119 Stat. 1514.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 332(a) | 49:1657a(e). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §11; added Feb. 5, 1976, Pub. L. 94–210, §906(2), 90 Stat. 149. |
| 332(b) | 49:1657a(a), (c). | |
| 332(c) | 49:1657a(b). | |
| 332(d) | 49:1657a(d). |
In subsection (b), before clause (1), the word “has” is substituted for “The Secretary shall, within 180 days after February 5, 1976, establish” because the time for establishing the Center has expired and the Center has been established. The words “The Department of Transportation” are added because of the restatement of the section. The words “(hereafter in this section referred to as the ‘Center’)” after “Minority Resource Center” are omitted because of the style of the revised title.
In subsection (b)(1), the word “include” is substituted for “establish and maintain”, and the words “to disseminate information” are substituted for “and disseminate information from”, for clarity. The words “to them . . . related to” are substituted for “to such entrepreneurs and businesses . . . with respect to” to omit unnecessary words. The words “for purposes of furnishing . . . information” before “with respect to” are omitted as surplus.
In subsection (b)(2), the words “those business opportunities” are substituted for “such opportunities” after “identify” for clarity.
In subsection (b)(4), the words “those business opportunities” are substituted for “the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads” to eliminate surplus words.
In subsection (b)(5), the words “related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the nation's railroads” are omitted as unnecessary because of the restatement.
In subsection (b)(7), the words “make arrangements” are substituted for “enter into such contracts, cooperative agreements, or other transactions” to eliminate unnecessary words. The words “as may be necessary” after “transactions” are omitted as surplus. The words “to carry out this section” are substituted for “in the conduct of its functions and duties” for clarity and consistency.
In subsection (c), the words “The Secretary shall make the appointments” and the words “Each of those trade associations may submit a list of not more than” are added for clarity and because of the restatement of the section.
In subsection (d), the words “in carrying out this section” are substituted for “in connection with the performance of its functions” for clarity and consistency.
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads.
(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest.
(b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.
(c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through—
(A) elimination of duplicating or overlapping operations and facilities;
(B) reducing switching operations;
(C) using the shortest or more efficient and economical routes;
(D) exchanging trackage rights;
(E) combining trackage and terminal or other facilities;
(F) upgrading tracks and other facilities used by at least 2 rail carriers;
(G) reducing administrative and other expenses; and
(H) other measures likely to reduce costs and improve rail transportation.
(2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11904 of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary.
(d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference—
(A) officers and directors of an affected rail carrier;
(B) representatives of rail carrier employees who may be affected;
(C) representatives of the Interstate Commerce Commission;
(D) State and local government officials, shippers, and consumer representatives; and
(E) representatives of the Federal Trade Commission and the Attorney General.
(2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project.
(e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Interstate Commerce Commission under section 11323(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11324(b) of this title. When the proposal is the subject of an application and proceeding before the Commission, the Secretary may appear in any proceeding related to the application.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104–88, title III, §308(b), Dec. 29, 1995, 109 Stat. 946.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 333(a) | 49:1654(a). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(a)–(e); added Feb. 5, 1976, Pub. L. 94–210, §401, 90 Stat. 61. |
| 333(b) | 49:1654(b). | |
| 333(c) | 49:1654(c). | |
| 333(d) | 49:1654(d). | |
| 333(e) | 49:1654(e). |
In the section, the word “transportation” is substituted for “services” for consistency.
In subsection (a), the words “feasible” and “but not limited to” are omitted as surplus.
In subsection (b), the words “In order” are omitted as surplus. The words “at least 2” are substituted for “two or more” for consistency.
In subsection (c)(1), the words “as are deemed” are omitted as unnecessary.
In subsection (c)(2), the words “and the study described in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976” and “or such section 901” are omitted as executed. The word “nature” is omitted as covered by “kind”. The word “When” is substituted for “to the extent” for consistency. The word “necessary” is omitted as being included in “appropriate”. A cross-reference to section 203(c) of the Regional Rail Reorganization Act of 1973 is included even though the law is unclear because section 1149 of the Omnibus Reconciliation Act of 1981 (Pub. L. 97–35, 95 Stat. 675) amended section 203 to repeal the powers referred to in the source provisions. No position is taken as to whether the powers described in section 203(c) are still in existence.
In subsection (d)(1)(A), the word “appropriate” is omitted as surplus.
In subsection (d)(1)(C), the words “representatives of” are added for consistency in the section.
In subsection (e), the words “in his judgment” are omitted as unnecessary and covered by “decide”. The word “satisfies” is substituted for “is in accordance with the standards set forth in” to eliminate unnecessary words.
Section 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to section 713 of Title 45, Railroads, was amended generally by Pub. L. 97–35, title XI, §1149, Aug. 13, 1981, 95 Stat. 675, and as so amended does not contain a subsec. (c). For further details, see the fifth par. of Historical and Revision Notes above.
1995—Subsec. (c)(2). Pub. L. 104–88, §308(b)(1), substituted “11904” for “11910(a)(1)”.
Subsec. (e). Pub. L. 104–88, §308(b)(2), substituted “11323(a)” for “11343(a)” and “11324(b)” for “11344(b)”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
Section 334, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–223, title III, §304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–690, title VII, §7207(c)(3), Nov. 18, 1988, 102 Stat. 4428, related to a limit on aviation charges. See section 45301 of this title.
Section 335, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2430, authorized appropriations to the Secretary of Transportation for fiscal years ending Sept. 30, 1983, and Sept. 30, 1984.
(a) After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) The Secretary may refund or remit a civil penalty collected under this section if—
(1) application has been made for refund or remission of the penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 101–225, title III, §305(1), Dec. 12, 1989, 103 Stat. 1924.)
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
The annual budget the Secretary of Transportation submits shall include a specific request for the Office of the Director of Intelligence and Security. In deciding on the budget request for the Office, the Secretary shall consider recommendations in the annual report submitted under section 44938(a) of this title.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 337 | 49 App.:1652b (note). | Nov. 16, 1990, Pub. L. 101–604, §102(d), 104 Stat. 3069. |
The words “the Secretary of Transportation submits” are substituted for “submission for the Department of Transportation”, and the words “budget request for the Office” are substituted for “budget request for the Director”, for clarity and consistency in the revised title and with other titles of the United States Code.
(a)
(b)
(c)
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367; Pub. L. 109–59, title IV, §4125(b), Aug. 10, 2005, 119 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 351 | 49 App.:1653(c). | Oct. 15, 1966, Pub. L. 89–670, §4(c), 80 Stat. 933. |
In this subchapter, the words “duty or power” are substituted for “functions, powers, and duties” for clarity and consistency. The words “department, agency, or instrumentality of the United States Government” are substituted for “department or agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word “orders” is omitted as being included in “action”.
The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, §7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
2005—Subsec. (a). Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1368; Pub. L. 109–59, title IV, §4125(c), Aug. 10, 2005, 119 Stat. 1738.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 352 | 49 App.:1653(d). | Oct. 15, 1966, Pub. L. 89–670, §4(d), 80 Stat. 934. |
The words “force and” are omitted as surplus.
The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, §7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
2005—Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.
(a)
(b)
(c)
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 353 | 49 App.:1657–1. | Nov. 28, 1990, Pub. L. 101–641, §5, 104 Stat. 4656. |
In this section, the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words “Secretary of Transportation or the head of a component of the Department of Transportation” are substituted for “Department of Transportation, including any of its agencies” for consistency in the revised title and with other titles of the Code.
In subsection (b), the word “Secretary” is substituted for “Office of the Secretary of Transportation” for consistency in the revised title and with other titles of the Code. The words “within that agency” are omitted as unnecessary.
In subsection (c), the words “An officer or employee required to submit to toxicological testing may not assert” are substituted for “may not be asserted” for clarity.
(a)
(b)
(Added and amended Pub. L. 108–168, §8(a), (b)(1), Dec. 6, 2003, 117 Stat. 2034.)
The text of section 228 of Pub. L. 106–159, formerly set out as a note under section 4 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 108–168, §8(a), (b)(1), was based on Pub. L. 106–159, title II, §228, Dec. 9, 1999, 113 Stat. 1773.
2003—Pub. L. 108–168 renumbered section 228 of Pub. L. 106–159 as this section and substituted “Investigative authority of Inspector General” for “DOT Authority” in section catchline. See Codification note above.
1998—Pub. L. 105–178, title IV, §4014(a)(2), June 9, 1998, 112 Stat. 411, added item 508.
1997—Pub. L. 105–102, §2(1), Nov. 20, 1997, 111 Stat. 2204, struck out “DUTIES AND” before “POWERS” in item for heading of subchapter I.
1997—Pub. L. 105–102, §2(2), Nov. 20, 1997, 111 Stat. 2204, struck out “AND” before “POWERS”.
1995—Pub. L. 104–88, title III, §308(c)(1), Dec. 29, 1995, 109 Stat. 947, struck out “DUTIES” before “AND”.
(a) In this chapter—
(1) the definitions in sections 10102 and 13102 of this title apply.
(2) “migrant worker” has the same meaning given that term in section 31501 of this title.
(3) “motor carrier of migrant workers” means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 31502(c) of this title.
(b)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102–548, §2(c), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§4(j)(11)(A), 5(m)(9), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–88, title III, §308(c)(2), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 501(a) | (no source). | |
| 501(b) | 45:15. | Apr. 14, 1910, ch. 160, §6, 36 Stat. 299. |
| 49:26(g). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(g); added Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
In the chapter, the source provisions are those in effect on March 31, 1967, the day before the effective date of the Department of Transportation Act (Pub. L. 89–670, 80 Stat. 931), because 49:1655(f)(2) gave the Secretary of Transportation the same powers enumerated in 49:1655(f)(2) that the Interstate Commerce Commission had before certain duties and powers under 49:1655(e) were transferred on April 1, 1967, from the Commission to the Secretary. All references to brokers in the source provisions are omitted as not being applicable to the duties and powers transferred to the Secretary of Transportation.
Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title.
In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in chapter 31 of the revised title and 45:4, 5, 6 (in carrying out 45:4 and 5), 11, 12, 13 (proviso), 13 (less proviso in carrying out 45:11, 12, and 13 (proviso)), and 61–64b, and 49:26(a)–(f) (words before last semicolon) and (h). The administrative powers of the Secretary under the chapter are based on the administrative powers of 49:1655(f)(2). That provision lists administrative powers the Commission had under the Interstate Commerce Act (ch. 104, 24 Stat. 379) to carry out the Act, and certain other laws authorized the Commission to use its powers under the Act to carry out those other laws. The administrative powers listed in 49:1655(f)(2) and codified in the chapter therefore apply only to a law listed in 49:1655(e) that was a part of the Interstate Commerce Act or to which the powers of the Commission under the Act were applied. The text of 45:61–64b is included because section 4 of the Act of March 4, 1907 (ch. 2939, 34 Stat. 1417), stated, “It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this Act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this Act”. The transfer to the Secretary was executed on March 31, 1967. The Act of March 4, 1907, was restated by the Act of December 26, 1969 (Pub. L. 91–169, 83 Stat. 463); section 4 was not included in the restatement. However, repeal by implication is not favored and the transfer was completed on March 31, 1967. Therefore, the text of 45:61–64b is included within the scope of the chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Section 4(j)(11) makes conforming amendments to 49:ch. 5 to reflect the restatement of 49:508 and related provisions in chapter 59 of the revised title.
1995—Subsec. (a)(1). Pub. L. 104–88 substituted “sections 10102 and 13102” for “section 10102”.
1994—Subsec. (a)(2). Pub. L. 103–272, §5(m)(9)(A), substituted “section 31501” for “section 3101”.
Subsec. (a)(3). Pub. L. 103–272, §5(m)(9)(B), substituted “section 31502(c)” for “section 3102(c)”.
Subsec. (a)(4) to (9). Pub. L. 103–272, §4(j)(11)(A), struck out pars. (4) to (9) which defined “beneficial owner”, “carrier”, “container”, “initial carrier”, “intermodal transportation”, and “trailer”, respectively.
Subsec. (b). Pub. L. 103–272, §5(m)(9)(C), added subsec. (b) and struck out former subsec. (b) which read as follows: “This chapter only applies in carrying out—
“(1) chapter 31 of this title; and
“(2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966.”
1992—Subsec. (a)(4) to (9). Pub. L. 102–548 added pars. (4) to (9).
1984—Subsec. (b)(2). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
Section 1 of Pub. L. 102–548 provided that: “This Act [enacting section 508 of this title, amending this section and section 521 of this title, and enacting provisions set out as notes under section 508 of this title] may be cited as the ‘Intermodal Safe Container Transportation Act of 1992’.”
(a) The Secretary of Transportation shall carry out this chapter.
(b) The Secretary may—
(1) inquire into and report on the management of the business of rail carriers and motor carriers;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and
(3) obtain from those carriers and persons information the Secretary determines to be necessary.
(c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—
(1) confer and hold joint hearings with State authorities;
(2) cooperate with and use the services, records, and facilities of State authorities; and
(3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.
(d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.
(e)(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.
(2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.
(3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.
(f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103–272, §4(j)(12), July 5, 1994, 108 Stat. 1368.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 502 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 502(c)–(f) | 49:304(a)(3) (last sentence) (related to “Sec. 305”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 205”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 305”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 205”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 502 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a), (b) | 12(1)(a) (1st sentence, 2d sentence, and last sentence words before 1st semicolon). | 10321 |
| 304(a) (matter before (1)), (6), (7) (less words after semicolon). | 10321 | |
| (c) | 305(f). | 11502 |
| (d) | 12(1)(a) (last sentence words after last semicolon), (2), (3). | 10321 |
| 305(d) (related to Commission subpena power). | 10321 | |
| (e)(1)–(3) | 12(4). | 10321 |
| 305(d) (related to depositions taken by Commission). | 10321 | |
| (e)(4) and (5) | 12(5), (6). | 10321 |
| 305(d) (related to depositions taken by Commission). | 10321 | |
| (f) | 12(7). | 10321 |
| 18(1) (last sentence). | 10321 | |
| 305(d) (related to depositions taken by Commission). | 10321 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:305(a)–(c), (e), and (g)–(j) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsection (b), the text of 49:12(1)(a) (2d sentence words after semicolon) is omitted as unnecessary because the Secretary of Transportation already has authority under chapter 3 of the revised title to make recommendations to Congress.
In subsections (c)–(f), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (c), the words “economic and” are omitted as not being transferred to the Secretary. The text of 49:305(f) (last sentence) is omitted as not applicable to this chapter.
In subsection (d), the reference to joint boards in 49:305(d) is omitted as not applicable to this chapter because 49:305(a) (establishing joint boards) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the change in the name of United States magistrates to United States magistrate judges made by section 321 of the Judicial Improvements Act of 1990 (Public Law 101–650, 104 Stat. 5117).
1994—Subsec. (e)(2). Pub. L. 103–272 inserted “judge” after “United States magistrate”.
(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2432.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 503 | 49:304(a)(3) (last sentence) (related to “Sec. 321”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 221”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 321”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 221”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(e)(6)(D) (related to “Sec. 321(a), (c)”). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(D) (related to “Sec. 221(a), (c)”), 80 Stat. 940. |
The section is included because 49:1655(e)(6)(D) transferred to the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Commission under 49:321(a) and (c) to the extent those subsections relate to motor carriers of migrant workers and motor private carriers. The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 503 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a), (b) | 321(a). | 10329 |
| (c) | 321(c). | 10330 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the words “motor carriers” are omitted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers of migrant workers, other than motor contract carriers, and to motor private carriers, and 49:1655(f)(2)(B)(ii) contains no reference to 49:321. The text of 49:321(b) and (d) is not included because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(e)(6)(D).
In subsection (b), the text of 49:321(a) (less 1st–5th sentences) is omitted as not applicable to this chapter.
(a) In this section—
(1) “association” means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier.
(2) “carrier” means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier.
(3) “lessor” means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another.
(4) “lessor” and “carrier” include a receiver or trustee of that lessor or carrier, respectively.
(b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by—
(A) carriers and lessors; and
(B) a person furnishing cars or protective service against heat or cold to or for a rail carrier.
(2) The Secretary may require—
(A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and
(B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service.
(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor) designated by the Secretary, may on demand and display of proper credentials—
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of—
(A) a carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person's relation to, or transaction with, that carrier; and
(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.
(d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service.
(e)(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report.
(2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath.
(f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105–178, title IV, §4006(b), June 9, 1998, 112 Stat. 401.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 504 | 49:304(a)(3) (last sentence) (related to “Sec. 320(a) (1st, 2d sentences), (b)–(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 220(a) (1st, 2d sentences), (b)–(g)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 320(a) (1st, 2d sentences), (b)–(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 220(a) (1st, 2d sentences), (b)–(g)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. | |
| 504(f) | 49:320(f). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §220(f); added Sept. 18, 1940, ch. 722, §24, 54 Stat. 926. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 504 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a)(1), (3), and (4) | 20(8). | 3501, 11141 |
| 320(e). | 11141 | |
| (a)(2) | (no source). | |
| (b)(1) | 20(5) (1st sentence), (6) (2d sentence, 1st cl.), (7)(b) (proviso). | 11144 |
| 320(d) (1st sentence). | 11144 | |
| (b)(2) | 20(1) (1st sentence less manner and form of reports), (6) (2d sentence, 2d cl.). | 11145 |
| 320(a) (1st sentence). | 11145 | |
| (c) | 20(5) (less 1st sentence), (6) (less 2d sentence). | 11144 |
| 320(d) (3d and 4th sentences). | 11144 | |
| (d) | 20(7)(b) (proviso). | 11144 |
| 320(d) (less 1st, 3d, and 4th sentences). | 11144 | |
| (e) | 20(1) (1st sentence related to manner and form of reports). | 11145 |
| 320(a) (2d sentence), (b). | 11145 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The provisions of 49:320(c) are not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In the section, the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The text of 49:320(b) (related to 13-period accounting year) and (g) is not included because it was enacted after the effective date of the transfer authority under 49:1655.
In subsection (a), references to “water line” and “pipe line” are omitted as not applicable to this chapter. Clause (2) is added to provide a simple phrase to refer to all types of carriers to which the section applies.
In subsection (f), the words “the course of the” are omitted as surplus. The words “civil action” are substituted for “suit or action” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
1998—Subsec. (c). Pub. L. 105–178 inserted “(and, in the case of a motor carrier, a contractor)” after “employee” in introductory provisions.
(a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding.
(b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in section 504(f) of this title, in a judicial proceeding.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2434.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 505 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 505(a) | 49:304(a)(3) (last sentence) (related to “Sec. 320(a) (less 1st, 2d sentences)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 220(a) (less 1st, 2d sentences)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 320(a) (less 1st, 2d sentences)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 220(a) (less 1st, 2d sentences)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 505 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 320(a) (less 1st, 2d sentences). | 10764 |
| (b) | 16(13). | 10303 |
| 304(d) (related to administrative matters). | 10303 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a), the text of 49:320(a) (proviso) is not included for motor carriers of migrant workers and motor private carriers because that provision, while included in the enumeration in 49:304(a)(3) and (3a), is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 40:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words “also” and “with it” are omitted as surplus. The words “contract, agreement, or” are omitted as covered by “arrangement”. The words “carrier or” are omitted as covered by “person”. The words “related to a matter under this chapter” are substituted for “in relation to any traffic affected by the provisions of this chapter” for clarity because of section 501 of the revised title.
Subsection (b) does not apply to reports made to the Secretary by a rail carrier because 49:16(13) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. References to schedules, classifications, and tariffs are omitted as not applicable to this chapter. The words “Except as provided in subsection (a) of this section” are added for clarity. The words “except as provided in section 504(f) of this title” are added for clarity and consistency because of the restatement of the chapter.
(a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding.
(b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant.
(c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2434.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 506 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 506(a), (b) | 49:304(a)(3) (last sentence) (related to “Sec. 304(c)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 204(c)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546; Sept. 18, 1940, ch. 722, §20(b)(4), 54 Stat. 922. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 304(c)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 204(c)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 506 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 13(1) (1st sentence less words before semicolon, last sentence), (2) (1st, 2d sentences). | 11701 |
| 304(c) (1st sentence words after 5th comma, 2d sentence). | 11701 | |
| (b) | 13(1) (1st sentence words before semicolon). | 11701 |
| 13(2) (less 1st, 2d sentences). | 11701 | |
| 304(c) (less 1st sentence words after 5th comma, 2d sentence). | 11701 | |
| (c) | 14. | 10310 |
| 304(d) (related to reports). | 10310 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsections (a) and (b), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Subsection (a) is patterned after 49:304(c). The words “violating this chapter” are substituted for “failed to comply with any such provision or requirement” for clarity.
In subsection (b), the text of 49:13(2) (last sentence) is omitted because 49:13(3) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The words “referred to in subsection (a) of this section” are added for clarity.
Subsection (c) does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) applies only to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. The word “proceeding” is substituted for “investigation” for clarity and to conform to other sections of the revised title. The word “findings” is added for clarity. The word “decision” is omitted as covered by “conclusions”. The words “or requirement” are omitted as covered by “order”. The words “in the premises” are omitted as surplus. The words “and in case damages are awarded, such report shall include the findings of fact on which the award is made” are omitted as not applicable to this chapter. The words “entered of record”, “and decisions in such form and manner as may be best adapted for public information and use”, and “in all courts of the United States and of the several States without any further proof or authentication thereof” are omitted as surplus. The text of 49:14(3) (last sentence) is omitted as unnecessary.
(a) The Secretary of Transportation may bring a civil action to enforce—
(1) an order of the Secretary under this chapter when violated by a rail carrier; and
(2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder.
(b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary.
(c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or an order or regulation issued under any of those provisions. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
(d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection.
(e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier—
(1) trial is in the judicial district in which the carrier operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and
(3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, §213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L. 103–272, §5(m)(10), July 5, 1994, 108 Stat. 1376.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 507 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 507(a), (d) | 49:304(a)(3) (last sentence) (related to “Sec. 322(b)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(b)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(b)”). | Feb 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(b)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 507 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 16(12) (related to Commission action). | 11702 |
| 322(b)(1) (less 1st sentence last 18 words, 2d sentence, last sentence). | 11702 | |
| 1017(b)(1) (related to Commission action). | 11702 | |
| (b) | 12(1)(a) (last sentence less words before 1st semicolon and after last semicolon). | 11703 |
| 16(12) (related to action by the Attorney General). | 11703 | |
| 20(9). | 11703 | |
| (c) | 16(12) (related to action by private person). | 11705 |
| 1017(b)(1) (related to action by the Attorney General). | 11703 | |
| (d) | 322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence). | 11702 |
| 1017(b)(1) (related to action by private person). | 11705 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the text of 49:322(b)(2) and (3) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsections (a) and (d), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (a), the words “or of any term or condition of any certificate or permit” are omitted as not applicable to this chapter.
In subsection (a)(1), reference to a civil action to enforce an order for the payment of money is omitted as not applicable to this chapter.
1994—Subsec. (c). Pub. L. 103–272 substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984” and “any of those provisions” for “such section or Act”.
1984—Subsecs. (c) to (e). Pub. L. 98–554 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Pub. L. 105–178, title IV, §4026, June 9, 1998, 112 Stat. 416, provided that:
“(a)
“(b)
“(c)
“(1) in what circumstances the Secretary would exercise the new authority;
“(2) how the Secretary would determine that shippers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclusive;
“(3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms prior to the Secretary's findings of violations;
“(4) what impact the exercise of the new authority would have on the Secretary's resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority;
“(5) to what extent the Secretary would conduct educational activities for persons who would be subject to the new authority; and
“(6) any other information that would assist the Congress in determining whether to provide the Secretary the new authority.”
(a)
(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary;
(2) a person who has complied with such a request; or
(3) the agents or insurers of a person described in paragraph (1) or (2).
(b)
(1)
(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records;
(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and
(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual.
(2)
(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and
(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records.
(3)
(c)
(Added Pub. L. 105–178, title IV, §4014(a)(1), June 9, 1998, 112 Stat. 409.)
Pub. L. 105–178, title IV, §4014(a)(1), June 9, 1998, 112 Stat. 409, which directed the addition of section 508 at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress.
A prior section 508, added Pub. L. 102–548, §2(a), Oct. 28, 1992, 106 Stat. 3646, related to certification of weights and description, prior to repeal by Pub. L. 103–272, §4(j)(11)(B), July 5, 1994, 108 Stat. 1368. See chapter 59 of this title.
Pub. L. 105–178, title IV, §4014(b), June 9, 1998, 112 Stat. 411, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on January 31, 1999.”
(a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(1) of this title, is liable to the Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(b)
(1)
(A)
(B)
(2)
(A)
(B)
(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $10,000; or
(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.
(C)
(D)
(E)
(3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of such notice in such place or places and for such duration as the Secretary may determine appropriate to aid in the enforcement of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title, as the case may be.
(4) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary.
(5)(A) If, upon inspection or investigation, the Secretary determines that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title or a regulation issued under any of those provisions, or combination of such violations, poses an imminent hazard to safety, the Secretary shall order a vehicle or employee operating such vehicle out of service, or order an employer to cease all or part of the employer's commercial motor vehicle operations. In making any such order, the Secretary shall impose no restriction on any employee or employer beyond that required to abate the hazard. Subsequent to the issuance of the order, opportunity for review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order.
(B) In this paragraph, “imminent hazard” means any condition of vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.
(6)
(A)
(B)
(i) any provision of section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title or a regulation issued under such section, or
(ii) with respect to notification of a serious traffic violation as defined under section 31301 of this title, any provision of section 31303(a) of this title or a regulation issued under section 31303(a),
shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both.
(7) The Secretary shall issue regulations establishing penalty schedules designed to induce timely compliance for persons failing to comply promptly with the requirements set forth in any notices and orders under this subsection.
(8)
(A)
(B)
(9) Any aggrieved person who, after a hearing, is adversely affected by a final order issued under this section may, within 30 days, petition for review of the order in the United States Court of Appeals in the circuit wherein the violation is alleged to have occurred or where the violator has his principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order shall be based on a determination of whether the Secretary's findings and conclusions were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urged before the Secretary shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary.
(10) All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account).
(11) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought.
(12) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
(13) The provisions of this subsection shall not affect chapter 51 of this title or any regulation promulgated by the Secretary under chapter 51.
(14) As used in this subsection, the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, §213(b), Oct. 30, 1984, 98 Stat. 2842; Pub. L. 99–570, title XII, §12012, Oct. 27, 1986, 100 Stat. 3207–184; Pub. L. 101–500, §15(e)(2), Nov. 3, 1990, 104 Stat. 1220; Pub. L. 102–548, §2(b), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§4(j)(11)(D), 5(m)(11), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–287, §5(4), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title IV, §4015(a), (b), June 9, 1998, 112 Stat. 411; Pub. L. 106–159, title II, §§206(b), 208, Dec. 9, 1999, 113 Stat. 1763, 1764; Pub. L. 109–59, title IV, §§4102(a), 4103, Aug. 10, 2005, 119 Stat. 1715, 1716.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 521 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 521 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 20(7)(a), (c)–(e). | 11901 |
| (b) | 322(h). | 11901 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a)(3), the words “against heat and cold” are inserted for consistency with sections 11105 and 11901 of the revised title.
Subsection (b) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(h) (1st sentence) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(h) (1st sentence) to motor carriers of migrant workers and motor private carriers. The reference to 49:303(c), 306(a)(1), and 309(a)(1) is omitted as not applicable to this chapter.
Section 31310(g)(1)(A), referred to in subsec. (b)(1)(A), was redesignated section 31310(i)(1)(A), by Pub. L. 106–159, title II, §201(b)(1), Dec. 9, 1999, 113 Stat. 1759.
The date of the enactment of this paragraph, referred to in subsec. (b)(8)(B), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(12), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
2005—Subsec. (b). Pub. L. 109–59, §4103(1), inserted headings for subsec. (b), par. (1), and subpar. (A).
Subsec. (b)(2)(B). Pub. L. 109–59, §4102(a)(2), substituted “$10,000” for “$5,000” in cls. (i) and (ii).
Subsec. (b)(2)(B)(i). Pub. L. 109–59, §4102(a)(1), substituted “$1,000” for “$500”.
Subsec. (b)(2)(E). Pub. L. 109–59, §4103(2), added subpar. (E).
1999—Subsec. (b)(5)(B). Pub. L. 106–159, §208, substituted “substantially increases the likelihood of” for “is likely to result in”.
Subsec. (b)(8) to (14). Pub. L. 106–159, §206(b), added par. (8) and redesignated former pars. (8) to (13) as (9) to (14), respectively.
1998—Subsec. (b)(1)(A). Pub. L. 105–178, §4015(a)(1), struck out “fix a reasonable time for abatement of the violation,” before “specify the proposed civil penalty”.
Subsec. (b)(1)(B). Pub. L. 105–178, §4015(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “The Secretary shall, not later than 60 days after November 3, 1990, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall—
“(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers’ medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and
“(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious.”
Subsec. (b)(2)(A). Pub. L. 105–178, §4015(b)(1), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: “Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of a recordkeeping requirement issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title or which is a violation of chapter 59 of this title shall be liable to the United States for a civil penalty not to exceed $500 for each offense. Each day of a violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If the Secretary determines that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, the Secretary may assess a civil penalty not to exceed $1,000 for each offense; except that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If the Secretary determines that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, the Secretary may assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (other than subparagraph (B)), except for recordkeeping violations, no civil penalty shall be assessed under this section against an employee for a violation unless the Secretary determines that such employee's actions constituted gross negligence or reckless disregard for safety, in which case such employee shall be liable for a civil penalty not to exceed $1,000.”
Subsec. (b)(2)(B) to (D). Pub. L. 105–178, §4015(b)(2), (3), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
1996—Subsec. (b)(1)(B). Pub. L. 104–287 substituted “November 3, 1990” for “the date of enactment of this subparagraph” in introductory provisions.
1994—Subsec. (b)(1)(A). Pub. L. 103–272, §5(m)(11)(A), substituted “a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” and “any of those provisions” for “such sections or Act”.
Subsec. (b)(2)(A). Pub. L. 103–272, §5(m)(11)(B), substituted “under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “pursuant to section 3102 of this title or the Motor Carrier Safety Act of 1984”.
Pub. L. 103–272, §4(j)(11)(D), substituted “chapter 59 of this title” for “section 508 of this title”.
Subsec. (b)(2)(B). Pub. L. 103–272, §5(m)(11)(C), substituted “section 31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this title” for “section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(3). Pub. L. 103–272, §5(m)(11)(D), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(5)(A). Pub. L. 103–272, §5(m)(11)(E), substituted “a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title” for “section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” and “any of those provisions” for “such sections or Act”.
Subsec. (b)(6)(A). Pub. L. 103–272, §5(m)(11)(F), substituted “subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title” for “section 3102 of this title, the Motor Carrier Safety Act of 1984”, “any of those provisions” for “such section or Act”, and “shall be subject” for “shall be liable”.
Subsec. (b)(6)(B)(i). Pub. L. 103–272, §5(m)(11)(G), substituted “section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title” for “section 12002, 12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986”.
Subsec. (b)(6)(B)(ii). Pub. L. 103–272, §5(m)(11)(H), substituted “section 31301 of this title” for “section 12019 of such Act”, “section 31303(a) of this title” for “section 12003(a) of such Act”, and “section 31303(a)” for “such section 12003(a)”.
Subsec. (b)(12). Pub. L. 103–272, §5(m)(11)(I), substituted “chapter 51 of this title” for “any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801–1812)” and “chapter 51” for “such Act”.
Subsec. (b)(13). Pub. L. 103–272, §5(m)(11)(J), substituted “section 31132 of this title” for “section 204 of the Motor Carrier Safety Act of 1984”.
1992—Subsec. (b)(2)(A). Pub. L. 102–548 inserted “or which is a violation of section 508 of this title” after “Act of 1984”.
1990—Subsec. (b)(1). Pub. L. 101–500 designated existing provisions as subpar. (A) and added subpar. (B).
1986—Subsec. (b)(1). Pub. L. 99–570, §12012(a), inserted “or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.
Subsec. (b)(2). Pub. L. 99–570, §12012(b), (f)(1), inserted heading, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B).
Subsec. (b)(3). Pub. L. 99–570, §12012(c), inserted “or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984”.
Subsec. (b)(5)(A). Pub. L. 99–570, §12012(d), inserted “or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986” after “the Motor Carrier Safety Act of 1984” and substituted “such sections” for “such section”.
Subsec. (b)(6). Pub. L. 99–570, §12012(e), (f)(2), (g)(1), inserted heading, designated existing provisions as subpar. (A) with corresponding heading, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted “to a fine” for “for a fine” in two places.
Subsec. (b)(13). Pub. L. 99–570, §12012(g)(2), substituted “section 204” for “section 4”.
1984—Subsec. (b)(1). Pub. L. 98–554 substituted provisions relating to notice to violators and opportunity for hearings for former provisions which set forth penalties for failure to make reports and keep records.
Subsec. (b)(2). Pub. L. 98–554 substituted provisions setting forth amount of civil penalties for former provisions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions.
Subsec. (b)(3) to (13). Pub. L. 98–554 added pars. (3) to (13).
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 106–159, title II, §222, Dec. 9, 1999, 113 Stat. 1769, provided that:
“(a)
“(b)
“(1) should establish and assess minimum civil penalties for each violation of a law referred to in subsection (a); and
“(2) shall assess the maximum civil penalty for each violation of a law referred to in subsection (a) by any person who is found to have committed a pattern of violations of critical or acute regulations issued to carry out such a law or to have previously committed the same or a related violation of critical or acute regulations issued to carry out such a law.
“(c)
“(d)
“(1)
“(2)
Section 213(d) of Pub. L. 98–554 directed Secretary of Transportation to conduct a study of effectiveness of civil and criminal penalties established by amendments made by section 213 of Pub. L. 98–554 in deterring violations of commercial motor vehicle safety regulations issued under title II of Pub. L. 98–554 and in effectively prosecuting such violations when they occur, which study was to examine the effectiveness of penalties in effect before Oct. 30, 1984, in comparison to the penalties established by the amendments made by title II of Pub. L. 98–554, and was to further investigate the need for, and make recommendations concerning, increased fine levels for civil and criminal penalties, and the need for additional categories of civil and criminal penalties to deter further, and prosecute effectively, violations of such commercial motor vehicle safety regulations, and further directed Secretary to submit to Congress a report on the findings of this study, together with legislative recommendations, not later than 2 years after Oct. 30, 1984.
1 See References in Text note below.
A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, mutilates, changes, or by another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2436; Pub. L. 105–178, title IV, §4015(c), June 9, 1998, 112 Stat. 412.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 522 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 522(b) | 49:304(a)(3) (last sentence) (related to “Sec. 322(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(g)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(g)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(g)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 522 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 20(7)(b) (less proviso). | 11909 |
| (b) | 322(g). | 11909 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
1998—Pub. L. 105–178 struck out “(a)” before “A person required to make a report to the Secretary of Transportation” and struck out subsec. (b) which read as follows: “A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Secretary, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be fined not more than $5,000.”
(a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
(b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and
(3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.
(c) An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2436.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 523 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
| 523(b) | 49:304(a)(3) (last sentence) (related to “Sec. 322(f)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(f)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(d), (f)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 523(c) | 49:304(a)(3) (last sentence) (related to “Sec. 322(d)”). | |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(d)”). |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 523 | 49 U.S. Code | Revised Section |
|---|---|---|
| (a) | 322(e). | 11910 |
| (b) | 322(f). | 11910 |
| (c) | 20(7)(f). | 11910 |
| 322(d). | 11910 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
Subsection (a) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of migrant workers and motor private carriers. The words “engaged in interstate or foreign commerce” are omitted as unnecessary because of the restatement of the chapter.
In subsections (b) and (c), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade regulation of motor carriers under this chapter shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 524 | 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 524 | 49 U.S. Code | Revised Section |
|---|---|---|
| 322(c) (related to evasion of regulation). | 11906 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to motor carriers of migrant workers and motor private carriers because 49:322(c) (related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c) (related to evasion of regulation) to motor carriers of migrant workers and motor private carriers.
A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 525 | 49:304(a)(3) (last sentence) (related to “Sec. 305(d) (related to liability)”). | Feb. 4, 1887, ch. 104, 24 Stat., 379, §204(a)(3) (last sentence) (related to “Sec. 205(d) (related to liability)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 305(d) (related to liability)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 205(d) (related to liability)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 525 | 49 U.S. Code | Revised Section |
|---|---|---|
| 305(d) (related to liability). | 11913 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words “under this chapter” are added for clarity.
When another criminal penalty is not provided under a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98–554, title II, §213(c), Oct. 30, 1984, 98 Stat. 2844; Pub. L. 103–272, §5(m)(12), July 5, 1994, 108 Stat. 1377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 526 | 49:304(a)(3) (last sentence) (related to “Sec. 322(a)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3) (last sentence) (related to “Sec. 222(a)”); added Aug. 9, 1935, ch. 498, 49 Stat. 546. |
| 49:304(a)(3a) (last sentence) (related to “Sec. 322(a)”). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §204(a)(3a) (last sentence) (related to “Sec. 222(a)”); added Aug. 3, 1956, ch. 905, §2, 70 Stat. 958. | |
| 49:1655(f)(2). | Oct. 15, 1966, Pub. L. 89–670, §6(f)(2), 80 Stat. 940. |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
| Section 526 | 49 U.S. Code | Revised Section |
|---|---|---|
| 322(a). | 11914 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
1994—Pub. L. 103–272 substituted “a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions” for “this chapter, section 3102 of this title, or the Motor Carrier Safety Act of 1984, a person that knowingly and willfully violates a provision of this chapter or such section or Act, or a regulation or order of the Secretary of Transportation under this chapter or such section or Act”.
1984—Pub. L. 98–554 inserted “, section 3102 of this title, or the Motor Carrier Safety Act of 1984” after “chapter” the first place it appears and inserted “or such section or Act” after “chapter” the second and third places it appears.
(a)
(b)
(2) At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on December 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3).
(5) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual who becomes a member of the Board pursuant to paragraph (4), or an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(6) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.
(7) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(c)
(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall—
(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;
(B) appoint the heads of offices with the approval of the Board;
(C) distribute Board business among officers and employees and offices of the Board;
(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 932; amended Pub. L. 104–287, §5(5), Oct. 11, 1996, 110 Stat. 3389.)
1996—Subsec. (b)(4). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section” and “December 29, 1995,” for “the date of the enactment of the ICC Termination Act of 1995”.
Section 2 of Pub. L. 104–88 provided that: “Except as otherwise provided in this Act [see Tables for classification], this Act shall take effect on January 1, 1996.”
Section 204 of Pub. L. 104–88 provided that:
“(a)
“(1) that have been issued, made, granted, or allowed to become effective by the Interstate Commerce Commission, any officer or employee of the Interstate Commerce Commission, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act [see Tables for classification] or the amendments made by this Act; and
“(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Board [Surface Transportation Board], any other authorized official, a court of competent jurisdiction, or operation of law. The Board shall promptly rescind all regulations established by the Interstate Commerce Commission that are based on provisions of law repealed and not substantively reenacted by this Act.
“(b)
“(2) The Board and the Secretary are authorized to provide for the orderly transfer of pending proceedings from the Interstate Commerce Commission.
“(3)(A) Except as provided in subparagraphs (B) and (C), in the case of a proceeding under a provision of law repeal [repealed], and not reenacted, by this Act such proceeding shall be terminated.
“(B) Any proceeding involving a pipeline carrier under subtitle IV of title 49, United States Code, shall be continued to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section [see Effective Date note above], until completion of such proceeding.
“(C) Any proceeding involving the merger of a motor carrier property under subtitle IV of title 49, United States Code, shall continue to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section, until completion of such proceeding.
“(4) Any proceeding with respect to any tariff, rate charge, classification, rule, regulation, or service that was pending under the Intercoastal Shipping Act, 1933 [former 46 U.S.C. App. 843 et seq.] or the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of Title 46, Shipping] before the Federal Maritime Commission on November 1, 1995, shall continue to be heard until completion or issuance of a final order thereon under all applicable laws in effect as of November 1, 1995.
“(c)
“(2) Any suit by or against the Interstate Commerce Commission begun before the effective date of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Board (to the extent the suit involves functions transferred to the Board under this Act) or the Secretary (to the extent the suit involves functions transferred to the Secretary under this Act) substituted for the Commission.
“(3) If the court in a suit described in paragraph (1) remands a case to the Board or the Secretary, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.
“(d)
“(e)
Section 101 of Pub. L. 104–88 provided that: “The Interstate Commerce Commission is abolished.”
Section 202 of title II of Pub. L. 104–88 provided that: “The Chairman of the Surface Transportation Board (in this Act [see Tables for classification] referred to as the ‘Board’) may allocate or reallocate any function of the Board, consistent with this title [see Tables for classification] and subchapter I of chapter 7 [49 U.S.C. 701 et seq.], as amended by section 201 of this title, among the members or employees of the Board, and may establish, consolidate, alter, or discontinue in the Board any organizational entities that were entities of the Interstate Commerce Commission, as the Chairman considers necessary or appropriate.”
Section 203 of Pub. L. 104–88 provided that:
“(a)
“(b)
“(c)
Section 205 of Pub. L. 104–88 provided that: “Any reference to the Interstate Commerce Commission in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Interstate Commerce Commission or an officer or employee of the Interstate Commerce Commission, is deemed to refer to the Board [Surface Transportation Board], a member or employee of the Board, or the Secretary, as appropriate.”
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 933; amended Pub. L. 104–287, §5(6), Oct. 11, 1996, 110 Stat. 3389.)
The ICC Termination Act of 1995, referred to in text, is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of such Act”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(b)
(c)
(d)
(e)
(f)
(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and
(2) an assessment of the budgetary needs of the Board.
(g)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
The Board shall annually transmit to the Congress a report on its activities.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
There are authorized to be appropriated for the activities of the Board—
(1) $8,421,000 for fiscal year 1996;
(2) $12,000,000 for fiscal year 1997; and
(3) $12,000,000 for fiscal year 1998.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
(a)
(b)
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934.)
(a)
(b)
(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;
(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.
(c)
(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(d)
(2) If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.
(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.
(e)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 935.)
(a)
(b)
(c)
(1) reopen a proceeding;
(2) grant rehearing, reargument, or reconsideration of an action of the Board; or
(3) change an action of the Board.
An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.
(d)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 936.)
(a)
(b)
(c)
(d)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937.)
(a)
(b)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937.)
The Secretary of Transportation shall provide administrative support for the Board.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937.)
(a)
(1) The members of the Council shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of the various segments of the railroad and rail shipper industries.
(2) Nine of the members shall be appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries, which 9 members shall be the voting members of the Council. Council action and Council positions shall be determined by a majority vote of the members present. A majority of such voting members shall constitute a quorum. Of such 9 voting members—
(A) at least 4 shall be representative of small shippers (as determined by the Chairman); and
(B) at least 4 shall be representative of Class II or III railroads.
(3) The remaining 6 members of the Council shall serve in a nonvoting advisory capacity only, but shall be entitled to participate in Council deliberations. Of the remaining members—
(A) 3 shall be representative of Class I railroads; and
(B) 3 shall be representative of large shipper organizations (as determined by the Chairman).
(4) The Secretary of Transportation and the members of the Board shall serve as ex officio, nonvoting members of the Council. The Council shall not be subject to the Federal Advisory Committee Act. A list of the members appointed to the Council shall be forwarded to the Chairmen and ranking members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(5) Each ex officio member of the Council may designate an alternate, who shall serve as a member of the Council whenever the ex officio member is unable to attend a meeting of the Council. Any such designated alternate shall be selected from individuals who exercise significant decision-making authority in the Federal agency involved.
(b)
(1) 5 members shall be appointed for terms of 1 year; and
(2) 5 members shall be appointed for terms of 2 years,
as designated by the Chairman at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were made. No member of the Council shall be eligible to serve in excess of two consecutive terms.
(c)
(d)
(2) Upon request by the Council Chairman, the Secretary or Chairman of the Board, to the extent provided in advance in appropriations Acts, may pay the reasonable and necessary expenses incurred by the Council in connection with the coordination of Council activities, announcement and reporting of meetings, and preparation of such Council documents as are required or permitted by this section.
(3) The Council may solicit and use private funding for its activities, subject to this subsection.
(4) Prior to making any Federal funding requests, the Council Chairman shall undertake best efforts to fund such activities privately unless the Council Chairman determines that such private funding would create a conflict of interest, or the appearance thereof, or is otherwise impractical. The Council Chairman shall not request funding from any Federal agency without providing written justification as to why private funding would create any such conflict or appearance, or is otherwise impractical.
(5) To enable the Council to carry out its functions—
(A) the Council Chairman may request directly from any Federal agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as the Council Chairman determines necessary to carry out the functions of the Council;
(B) each Federal agency may, in its discretion, furnish the Council with such information, services, and facilities as the Council Chairman may request to the extent permitted by law and within the limits of available funds; and
(C) each Federal agency may, in its discretion, detail to temporary duty with the Council, such personnel as the Council Chairman may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status.
(e)
(f)
(2) To the extent the Council addresses specific grain car issues, it shall coordinate such activities with the National Grain Car Council. The Secretary and Chairman shall cooperate with the Council to provide research, technical and other reasonable support in developing any reports and policy statements required or authorized by this subsection.
(3) The Council shall endeavor to develop within the private sector mechanisms to prevent, or identify and effectively address, obstacles to the most effective and efficient transportation system practicable.
(4) The Council shall prepare an annual report concerning its activities and the results of Council efforts to resolve industry issues, and propose whatever regulatory or legislative relief it considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with respect to the performance of the Secretary and Chairman under this chapter, and with respect to the operation and effectiveness of meetings and industry developments relating to the Council's efforts, and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and Chairman, and shall include the Secretary's and Chairman's views or comments relating to—
(A) the accuracy of information therein;
(B) Council efforts and reasonableness of Council positions and actions; and
(C) any other aspects of the Council's work as they may consider appropriate.
The Council may prepare other reports or develop policy statements as the Council considers appropriate. An annual report shall be submitted for each fiscal year and shall be submitted to the Secretary and Chairman within 90 days after the end of the fiscal year. Other such reports and statements may be submitted as the Council considers appropriate.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937; amended Pub. L. 104–287, §5(7), Oct. 11, 1996, 110 Stat. 3389.)
The Federal Advisory Committee Act, referred to in subsec. (a)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
1996—Subsec. (a). Pub. L. 104–287 substituted “December 29, 1995” for “the date of enactment of the ICC Termination Act of 1995” in introductory provisions.
All terms used in this chapter that are defined in subtitle IV shall have the meaning given those terms in that subtitle.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 940.)
2008—Pub. L. 110–432, div. A, title V, §501(b), Oct. 16, 2008, 122 Stat. 4897, added item 1139.
2006—Pub. L. 109–443, §5(b), Dec. 21, 2006, 120 Stat. 3300, added item 1138.
2000—Pub. L. 106–424, §§5(c)(2), 12(b), Nov. 1, 2000, 114 Stat. 1885, 1887, added item 1137 and substituted “and surface vehicle recordings and transcripts” for “voice and other material” in item 1154.
1996—Pub. L. 104–264, title IV, §407(a)(2), title VII, §702(a)(2), Oct. 9, 1996, 110 Stat. 3258, 3267, added items 1119 and 1136.
1994—Pub. L. 103–272, §1(c), (d), July 5, 1994, 108 Stat. 745, added subtitle II (comprised of chapter 11, §§1101–1155) and struck out former subtitle II, except that chapter 31 (comprised of §§3101–3104) of subtitle II was redesignated and restated as chapter 315 (comprised of §§31501–31504) of subtitle VI, as enacted by Pub. L. 103–272, §1(e).
1 So in original. Probably should be followed by a period.
Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, §2, Nov. 1, 2000, 114 Stat. 1883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1101 | (no source) |
A number of the source provisions of the chapter are taken from 49 App.:ch. 20. The text of 49 App.:ch. 20 contains general definitions, some of which are used in those source provisions.
This section is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision note for section 40102(a) of the revised title.
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows: “Section 40102(a) of this title applies to this chapter.”
Pub. L. 109–443, §1(a), Dec. 21, 2006, 120 Stat. 3297, provided that: “This Act [enacting section 1138 of this title, amending sections 1111, 1113, 1117, 1118, 1131, 1135, and 1137 of this title, enacting provisions set out as notes under sections 1111 and 1118 of this title, and amending provisions set out as a note under section 1113 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2006’.”
Pub. L. 108–168, §1, Dec. 6, 2003, 117 Stat. 2032, provided that: “This Act [enacting section 354 of this title, amending sections 354, 1118, 1119, 1131, 1135, and 1136 of this title, and enacting provisions set out as notes under sections 1113, 1131, and 1135 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2003’.”
Pub. L. 106–424, §1(a), Nov. 1, 2000, 114 Stat. 1883, provided that: “This Act [enacting section 1137 of this title, amending this section and sections 1111, 1113 to 1115, 1118, 1131, 1154, 44721, and 46301 of this title, and enacting provisions set out as notes under sections 1111, 1113, 1131, 44703, and 44721 of this title] may be cited as the ‘National Transportation Safety Board Amendments Act of 2000’.”
Pub. L. 104–291, title I, §101, Oct. 11, 1996, 110 Stat. 3452, provided that: “This title [amending sections 1114, 1115, and 1118 of this title] may be cited as the ‘National Transportation Safety Board Amendments of 1996’.”
(a)
(b)
(c)
(d)
(e)
(1) appoint and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this chapter;
(2) fix the pay of officers and employees necessary to carry out this chapter;
(3) distribute business among the officers, employees, and administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f)
(g)
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h)
(1) report directly to the Chairman on financial management and budget execution;
(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and
(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.
(i)
(j)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, §10, Nov. 1, 2000, 114 Stat. 1886; Pub. L. 109–443, §9(a), (d), Dec. 21, 2006, 120 Stat. 3301.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1111(a) | 49 App.:1902(a). | Jan. 3, 1975, Pub. L. 93–633, §303(a), (b)(2)– (c), 88 Stat. 2167, 2168. |
| 1111(b) | 49 App.:1902(b)(1) (1st sentence words before comma, 2d–last sentences). | Jan. 3, 1975, Pub. L. 93–633, §303(b)(1), 88 Stat. 2167; Oct. 14, 1982, Pub. L. 97–309, §1 (1st sentence), 96 Stat. 1453. |
| 1111(c) | 49 App.:1902(b)(2). | |
| 1111(d) | 49 App.:1902(b)(1) (1st sentence words after comma), (3) (1st, 2d, 4th sentences). | |
| 1111(e) | 49 App.:1902(b)(3) (3d, last sentences), (c)(3). | |
| 1111(f) | 49 App.:1902(b)(4). | |
| 1111(g) | 49 App.:1902(b)(5), (c)(1). | |
| 1111(h) | 49 App.:1902(c)(2). |
In subsection (a), the words “previously established within the Department of Transportation” are omitted as unnecessary. The words “in accordance with this section, on and after April 1, 1975” are omitted as executed.
In subsection (c), the words “except as otherwise provided in this paragraph” are omitted as surplus. The text of 49 App.:1902(b)(2) (4th sentence) is omitted as executed.
In subsection (d), the words “On or before January 1, 1976” are omitted as executed. The words “(and thereafter as required)” and “(hereafter in this chapter referred to as the ‘Chairman’)” are omitted as unnecessary.
In subsection (e), before clause (1), the words “is the chief executive and administrative officer of the Board” are substituted for “shall be the chief executive officer of the Board and shall exercise the executive and administrative functions of the Board” for clarity. The words “Subject to the general policies and decisions of the Board, the Chairman shall” are substituted for 49 App.:1902(b)(3) (last sentence) to eliminate unnecessary words. In clause (1), the words “Subject to the civil service and classification laws” are omitted as unnecessary because of title 5, United States Code, especially sections 3301, 5101, and 5331. The words “the Board is authorized” are omitted for consistency because the authority to appoint officers and employees is vested in the Chairman subject to the “general policies and decisions of the Board” as provided in the source provisions. The words “including investigators, attorneys, and administrative law judges” are omitted as covered by “officers and employees”. The words “carry out this chapter” are substituted for “carry out its powers and duties under this chapter” to eliminate unnecessary words. In clause (3), the words “expenditures of the Board” are substituted for “the use and expenditure of funds” for clarity.
In subsection (f), the words “duties and powers” are substituted for “function” for consistency in the revised title and with other titles of the Code.
In subsection (g), the text of 49 App.:1902(c)(1) is omitted as unnecessary because of 40:ch. 10.
GS–15, referred to in subsec. (i), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
2006—Subsec. (e)(1). Pub. L. 109–443, §9(d)(1), added par. (1) and struck out former par. (1) which read as follows: “appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;”.
Subsec. (e)(2) to (4). Pub. L. 109–443, §9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (g)(5). Pub. L. 109–443, §9(a), added par. (5).
Subsecs. (i), (j). Pub. L. 109–443, §9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j).
2000—Subsecs. (h), (i). Pub. L. 106–424 added subsec. (h) and redesignated former subsec. (h) as (i).
Pub. L. 109–443, §2(a)(2), Dec. 21, 2006, 120 Stat. 3297, provided that:
“(A)
“(i) develop a plan to achieve, to the maximum extent feasible, the self-sufficient operation of the National Transportation Safety Board Academy and utilize the Academy's facilities and resources;
“(ii) submit a draft of the plan to the Comptroller General for review and comment; and
“(iii) submit a draft of the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“(B)
“(i) give consideration in developing the plan under subparagraph (A)(i) to other revenue-generating measures, including subleasing the facility to another entity; and
“(ii) include in the plan a detailed financial statement that covers current Academy expenses and revenues and an analysis of the projected impact of the plan on the Academy's expenses and revenues.
“(C)
“(i) an updated copy of the plan developed pursuant to subparagraph (A)(i);
“(ii) any comments and recommendations made by the Comptroller General pursuant to the Government Accountability Office's review of the draft plan; and
“(iii) a response to the Comptroller General's comments and recommendations, including a description of any modifications made to the plan in response to those comments and recommendations.
“(D)
Pub. L. 109–443, §6, Dec. 21, 2006, 120 Stat. 3300, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall continue to develop and implement comprehensive internal audit controls for its operations. The audit controls shall address, at a minimum, Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”
Pub. L. 106–424, §11, Nov. 1, 2000, 114 Stat. 1887, provided that: “The National Transportation Safety Board, in consultation with the Inspector General of the Department of Transportation, shall develop and implement comprehensive internal audit controls for its financial programs based on the findings and recommendations of the private sector audit firm contract entered into by the Board in March, 2000. The improved internal audit controls shall, at a minimum, address Board asset management systems, including systems for accounting management, debt collection, travel, and property and inventory management and control.”
(a)
(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)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 747.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1112 | 49 App.:1443. | Aug. 23, 1958, Pub. L. 85–726, §703, 72 Stat. 782. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. |
In subsection (c), the words “when convened to investigate an accident certified to it by the National Transportation Safety Board” are omitted as surplus.
(a)
(2) A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A subpoena shall be issued under the signature of the Chairman or the Chairman's delegate but may be served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court.
(b)
(A) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41;
(C) use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis;
(D) confer with employees and use services, records, and facilities of State and local governmental authorities;
(E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate;
(F) accept voluntary and uncompensated services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry out studies related to duties and powers of the Board; and
(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(5)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 747; Pub. L. 106–424, §§3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883, 1884; Pub. L. 109–443, §9(e)–(g), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 111–350, §5(o)(2), Jan. 4, 2011, 124 Stat. 3853.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1113(a) | 49 App.:1903(b)(1), (3). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (b)(1), (3), (4), (7)–(9), 88 Stat. 2168, 2169, 2170; July 19, 1988, Pub. L. 100–372, §4, 102 Stat. 876. |
| 1113(b)(1)(A) | 49 App.:1441(b) (words before semicolon). | Aug. 23, 1958, Pub. L. 85–726, §701(b), 72 Stat. 781. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A), (b)(6)(C). | ||
| 1113(b)(1)(B) | 49 App.:1903(b)(4). | |
| 1113(b)(1)(C) | 49 App.:1441(b) (words after semicolon). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 49 App.:1903(b)(6)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(6), 88 Stat. 2170; July 19, 1988, Pub. L. 100–372, §5, 102 Stat. 877. | |
| 1113(b) (1)(D)–(I), (2) | 49 App.:1903(b)(6)(B), (D)–(H). | |
| 1113(c) | 49 App.:1903(b)(7). | |
| 1113(d) | 49 App.:1903(b)(8). | |
| 1113(e) | 49 App.:1903(b)(9). | |
| 1113(f) | 49 App.:1903(b)(12). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(12), 88 Stat. 2171; July 19, 1988, Pub. L. 100–372, §4, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, §6, 104 Stat. 4656. |
In subsection (a)(1), the words “sit and act at such times and places” are omitted as unnecessary. The word “necessary” is substituted for “as the Board or such officer or employee deems advisable” because it is more accurate.
In subsection (a)(2), the words “the witness would have been” are added for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a)(4), the words “If a person disobeys” are substituted for “In case of contumacy or refusal to obey” for consistency in the revised title and with other titles of the Code. The words “of the Board” are substituted for “of the Board, or of any duly designated employee thereof” to eliminate unnecessary words. The words “the Board may bring a civil action in a district court of the United States” are substituted for “such district court shall, upon the request of the Board, have jurisdiction” for consistency in the revised title and because of 28:1331. The word “forthwith” is omitted as surplus. The words “An action under this paragraph may be brought in the judicial district” are added for clarity.
In subsection (b)(1)(A), the text of 49 App.:1441(b) (words before semicolon) is omitted as superseded by 49 App.:1903(b)(6)(C).
In subsection (b)(1)(B), the words “make agreements and other transactions” are substituted for “enter into . . . such contracts, leases, cooperative agreements, or other transactions” to eliminate unnecessary words. The words “to carry out this chapter” are substituted for “in the conduct of the functions and the duties of the Board under this chapter” for consistency. The words “with any government entity or any person” are omitted as surplus.
In subsection (b)(1)(C), the words “Department of Transportation and of other” are omitted as surplus. The words “department, agency, or instrumentality of the United States Government” are substituted for “civilian or military agencies and instrumentalities of the Federal Government” in 49 App.:1903(b)(6)(A) for consistency in the revised title and with other titles of the Code. The text of 49 App.:1441(b) (words after semicolon) is omitted as superseded by 49 App.:1903(b)(6)(A).
In subsection (b)(1)(D), the word “available” is omitted as surplus.
In subsection (b)(1)(E), the words “one or more” are omitted as surplus because the authority to appoint advisory committees is discretionary and unlimited on its face. The word “appropriate” is substituted for “necessary or appropriate” to eliminate unnecessary words. The words “in accordance with the Federal Advisory Committee Act” are omitted as surplus because that Act applies unless specifically excluded. (See 5 App. U.S.C.)
In subsection (b)(1)(G), the words “gifts of money and other property” are substituted for “gifts or donations of money or property (real, personal, mixed, tangible, or intangible)” to eliminate unnecessary words.
In subsection (b)(1)(H), the words “public or private” are omitted as surplus.
Subsection (b)(2) is substituted for “and to apply the funds received to the Board's appropriations” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c), the word “submits” is substituted for “submits or transmits” for consistency. The words “Director of the Office of Management and Budget” are substituted for “Office of Management and Budget” because of 31:502(a).
In subsection (d), the word “appropriate” is substituted for “necessary or appropriate” to eliminate unnecessary words.
In subsection (e), the words “officer or employee” are substituted for “employee” for consistency in the revised title. The words “by order” are substituted for “by special or general orders” to eliminate unnecessary words. The word “individuals” is substituted for “people” for consistency in the revised title.
In subsection (f), the words “prescribe regulations to carry out this chapter” are substituted for “rules and regulations as may be necessary to the exercise of its functions” for consistency in the revised title and with other titles of the Code and because “rule” and “regulation” are synonymous.
GS–10 of the General Schedule, referred to in subsec. (g)(1), is set out under section 5332 of Title 5, Government Organization and Employees.
2011—Subsec. (b)(1)(B). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.
2006—Subsec. (a)(3). Pub. L. 109–443, §9(e), substituted “subpoena” for “subpena”.
Subsec. (a)(4). Pub. L. 109–443, §9(e), which directed substitution of “subpoena” for “subpena”, was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 109–443, §9(f), inserted at end “The Board shall develop and approve a process for the Board's review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.”
Subsec. (h). Pub. L. 109–443, §9(g), added subsec. (h).
2000—Subsec. (b)(1)(I). Pub. L. 106–424, §3(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “require that the departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries provide appropriate consideration for the reasonable costs of goods and services supplied by the Board.”
Subsec. (b)(2). Pub. L. 106–424, §3(b)(1), inserted “as offsetting collections” after “to be credited” and “The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.” at end.
Subsec. (g). Pub. L. 106–424, §4, added subsec. (g).
Pub. L. 108–168, §4, Dec. 6, 2003, 117 Stat. 2033, as amended by Pub. L. 109–443, §3, Dec. 21, 2006, 120 Stat. 3298, provided that:
“(a)
“(b)
“(1) describes each contract executed by the Board to which the authority provided by subsection (a) was applied; and
“(2) sets forth the rationale for dispensing with competition requirements with respect to such contract.”
Pub. L. 106–424, §9, Nov. 1, 2000, 114 Stat. 1886, provided that: “The Chairman of the National Transportation Safety Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for Board members which shall be approved by the Board and submitted to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Transportation and Infrastructure together with an annual report detailing the non-accident-related travel of each Board member. The report shall include separate accounting for foreign and domestic travel, including any personnel or other expenses associated with that travel.”
(a)
(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.
(b)
(A) to another department, agency, or instrumentality of the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee;
(C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and
(D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.
(3)
(c)
(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 or video recorder information in making safety recommendations.
(d)
(1)
(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
(2)
(e)
(A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the Board shall maintain the confidentiality of, and exempt from disclosure under section 552(b)(3) of title 5—
(A) a laboratory record provided the Board under paragraph (1) of this subsection that reveals medical use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested officer or employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if—
(A) the fitness of the tested officer or employee is at issue in the investigation; and
(B) the use of that record is necessary to develop the evidentiary record.
(f)
(1)
(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104–291, title I, §§102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106–424, §§3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1114(a) | 49 App.:1905(a). | Jan. 3, 1975, Pub. L. 93–633, §306(a), (b), 88 Stat. 2172; Oct. 14, 1982, Pub. L. 97–309, §2, 96 Stat. 1453. |
| 1114(b) | 49 App.:1905(b). | |
| 1114(c) | 49 App.:1905(c). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §306(c); added Oct. 14, 1982, Pub. L. 97–309, §2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, §4, 104 Stat. 4654. |
| 1114(d)(1) | 49 App.:1903(b) (11)(A). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §304(b)(11); added Nov. 28, 1990, Pub. L. 101–641, §6, 104 Stat. 4656. |
| 1114(d)(2) | 49 App.:1903(b) (11)(B). | |
| 1114(d)(3) | 49 App.:1903(b) (11)(C). |
In subsection (a), the words “record, information, or investigation” are substituted for “communication, document, investigation, or other report, or information” to eliminate unnecessary words. The words “of the United States” are added for clarity.
In subsection (c)(1), before clause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “relevant” is substituted for “relevant and pertinent” to eliminate unnecessary words.
In subsection (d), the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (d)(2), before clause (A), the words “maintain the confidentiality of” are substituted for “maintain in confidence” for consistency in the revised title and with other titles of the Code. In clause (A), the words “of a confirmed and verified toxicological test” are omitted as unnecessary because of the restatement of the source provisions in paragraph (1) of this subsection.
In subsection (d)(3), the words “laboratory record made available under paragraph (1) of this subsection” are substituted for “such a laboratory record” for clarity.
Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (e)(1), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.
2000—Subsec. (a). Pub. L. 106–424, §§3(b)(2), 5(b)(2), designated existing provisions as par. (1), substituted “(d), and (f)” for “and (e)” in first sentence, and added par. (2).
Subsec. (c). Pub. L. 106–424, §5(a)(1), struck out “Voice” after “Cockpit” in heading.
Subsec. (c)(1). Pub. L. 106–424, §5(a)(2), (3), substituted “cockpit voice or video recorder” for “cockpit voice recorder” in first sentence and inserted “or any written depiction of visual information” after “transcript” in second sentence.
Subsec. (c)(2). Pub. L. 106–424, §5(a)(2), substituted “cockpit voice or video recorder” for “cockpit voice recorder”.
Subsec. (d). Pub. L. 106–424, §5(b)(1)(B), which directed the addition of subsec. (d) after subsec. (e), was executed by adding subsec. (d) before subsec. (e) to reflect the probable intent of Congress. Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 106–424, §5(b)(1)(A), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
1996—Subsec. (a). Pub. L. 104–291, §102(1), substituted “(b), (c), and (e)” for “(b) and (c)”.
Subsec. (b)(3). Pub. L. 104–291, §103, added par. (3).
Subsec. (e). Pub. L. 104–291, §102(2), added subsec. (e).
(a)
(b)
(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)
(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and
(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable costs of providing training under this subsection that the Secretary incurs in operating the Institute.
(2) The Board shall maintain an annual record of offsets under paragraph (1)(B) of this subsection.
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 750; Pub. L. 104–291, title I, §104, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, §3(b)(3), Nov. 1, 2000, 114 Stat. 1884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1115(a) | (no source). | |
| 1115(b) | 49 App.:1903(b)(10) (1st, 2d sentences). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(10), 88 Stat. 2156; added July 19, 1988, Pub. L. 100–372, §4, 102 Stat. 876. |
| 1115(c) | 49 App.:1903(b)(10) (3d–last sentences). |
In subsections (b) and (c), the words “or successor organization” are omitted as unnecessary because of subsection (a) of this section.
In subsection (b), before clause (1), the words “(established for the purpose of developing courses and conducting training in safety and security for all modes of transportation)” are omitted as surplus. In clause (1), the words “carrying out their duties and powers” are substituted for “in the performance of all of their authorized functions” for consistency in the revised title and with other titles of the United States Code. In clause (2), the words “of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations” are substituted for “of Federal, interstate, State, local, and foreign governments and non-governmental organizations” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c)(1), before clause (A), the words “the Secretary shall deposit the fee in the Treasury” are added for clarity. In clause (B), the words “direct and indirect” are omitted as surplus. The word “administration” is omitted as being included in “operating”. The text of 49 App.:1903(b)(10) (last sentence) is omitted because 5:ch. 41 applies to the National Transportation Safety Board by its own terms.
2000—Subsec. (d). Pub. L. 106–424 substituted “of the Board” for “of the ‘National Transportation Safety Board, Salaries and Expenses’ ”.
1996—Subsec. (d). Pub. L. 104–291 added subsec. (d).
(a)
(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)
(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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1116(a) | 49 App.:1441(a)(3), (5) (related to reducing accidents). | Aug. 23, 1958, Pub. L. 85–726, §701(a)(3), (5), 72 Stat. 781. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A), (3). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (3)–(5), (7), (8), 88 Stat. 2168, 2169. | |
| 1116(b)(1) | 49 App.:1441(a)(5) (related to studies). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A), (4). | ||
| 1116(b) (2)–(5) | 49 App.:1903(a)(5). | |
| 49 App.:1903(a)(6). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 97–74, §4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100–223, §311(a), 101 Stat. 1528. | |
| 49 App.:1903(a)(7), (8). |
In subsection (a)(1), the word “recommending” is omitted as being included in “advocate” in 49 App.:1903(a)(3). The word “recurrence” is omitted as surplus. The text of 49 App.:1441(a)(3) and (5) (related to reducing accidents) is omitted as superseded by 49 App.:1903(a)(3).
In subsection (b)(1), the words “carry out” are substituted for “initiate and conduct” in 49 App.:1903(a)(4) for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1441(a)(5) (related to studies) is omitted as superseded by 49 App.:1903(a)(4).
In subsection (b)(2), the word “examine” is substituted for “assess and reassess” for clarity. The words “prepare and” are omitted as surplus.
In subsection (b)(3), the words “by regulation” are omitted as unnecessary because of section 1113(f) of the revised title.
In subsection (b)(4), the word “effectiveness” is substituted for “efficacy” for clarity.
The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—
(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
(3) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
(4) a description of the activities and operations of the National Transportation Safety Board Academy during the prior calendar year;
(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, §2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, §2(a)(1), Dec. 21, 2006, 120 Stat. 3297.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1117 | 49 App.:1904. | Jan. 3, 1975, Pub. L. 93–633, §305, 88 Stat. 2171. |
In this section, before clause (1), the words “but need not be limited to” are omitted as surplus. In clause (2), the words “in such detail as the Board deems advisable” are omitted as surplus. In clause (3), the words “departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities” are substituted for “other government agencies” for clarity and consistency in the revised title and with other titles of the United States Code. The words “for those activities” are substituted for “in this field” for clarity. In clause (4), the word “evaluation” is substituted for “appraisal and evaluation and review” because it is inclusive.
2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).
1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: “an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change.”
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 185 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
(a)
(b)
(c)
(1)
(2)
(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated;
(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and
(C) shall remain available until expended.
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, §2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104–291, title I, §105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, §13, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 108–168, §2, Dec. 6, 2003, 117 Stat. 2032; Pub. L. 109–443, §8(a), (b)(1), (c), Dec. 21, 2006, 120 Stat. 3300.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1118(a) | 49 App.:1907(a) (1st–6th, last sentences). | Jan. 3, 1975, Pub. L. 93–633, §309(a), 88 Stat. 2173; Oct. 11, 1976, Pub. L. 94–481, 90 Stat. 2080; Sept. 11, 1978, Pub. L. 95–363, §2, 92 Stat. 597; Nov. 3, 1981, Pub. L. 97–74, §2, 95 Stat. 1065; June 6, 1983, Pub. L. 98–37, 97 Stat. 204; July 19, 1988, Pub. L. 100–372, §2, 102 Stat. 876; Nov. 28, 1990, Pub. L. 101–641, §2, 104 Stat. 4654. |
| 1118(b) | 49 App.:1907(b) (1st, 2d sentences). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §309(b); added July 19, 1988, Pub. L. 100–372, §2(b), 102 Stat. 876. |
| 1118(c) | 49 App.:1907(a) (7th sentence), (b) (last sentence). |
In subsection (a), the words “to the National Transportation Safety Board” are added for clarity and consistency in the revised title. References to the fiscal years ending June 30, 1975, through September 30, 1992, are omitted as obsolete.
In subsection (b)(2), the words “amounts equal to amounts expended annually out of the fund” are substituted for “to replenish the fund annually” for clarity.
2006—Subsec. (a). Pub. L. 109–443, §8(a), struck out “and” after “2005,” and substituted “2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008.” for “2006.”
Subsec. (c). Pub. L. 109–443, §8(b)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to appropriations and fees for the National Transportation Safety Board Academy.
Subsec. (d). Pub. L. 109–443, §8(c), struck out heading and text of subsec. (d). Text read as follows: “The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy.”
2003—Subsec. (a). Pub. L. 108–168, §2(a), struck out “and” after “fiscal year 2001,” and substituted “$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall” for “such sums to”.
Subsec. (b). Pub. L. 108–168, §2(b), added second sentence and struck out former second sentence which read as follows: “Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund.”
Subsecs. (c), (d). Pub. L. 108–168, §2(c), added subsecs. (c) and (d).
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows:
“(a)
“(b)
“(1) $1,000,000 to establish the fund.
“(2) amounts equal to amounts expended annually out of the fund.
“(c)
1996—Subsec. (a). Pub. L. 104–291 struck out “and” after “1995,” and inserted “, $42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year 1999.” before period at end of first sentence.
1994—Subsec. (a). Pub. L. 103–411 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Not more than $38,800,000 may be appropriated to the National Transportation Safety Board for the fiscal year ending September 30, 1993, to carry out this chapter.”
Pub. L. 109–443, §8(b)(2), Dec. 21, 2006, 120 Stat. 3300, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect on October 1, 2005.”
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(c)
(1)
(2)
(3)
(Added Pub. L. 104–264, title IV, §407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108–168, §5, Dec. 6, 2003, 117 Stat. 2034.)
The date of the enactment of this section, referred to in subsecs. (a) and (b)(1), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
2003—Subsec. (c). Pub. L. 108–168 added subsec. (c).
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
(a)
(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) 1 of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
(B) a highway accident, including a railroad grade crossing accident, the Board selects in cooperation with a State;
(C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;
(D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment;
(E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 2101(46) 1 of title 46), under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and
(F) any other accident related to the transportation of individuals or property when the Board decides—
(i) the accident is catastrophic;
(ii) the accident involves problems of a recurring character; or
(iii) the investigation of the accident would carry out this chapter.
(2)(A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (1)(A)–(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident.
(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.
(3) This section and sections 1113, 1116(b), 1133, and 1134(a) and (c)–(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner.
(b)
(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)
(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)
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, §3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106–424, §§6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886; Pub. L. 108–168, §7, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, §9(b), (c), Dec. 21, 2006, 120 Stat. 3301.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1131(a)(1) | 49 App.:1903(a) (1)(A)–(E) (less last sentence of (E)), (F). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A)–(F), 88 Stat. 2168; Oct. 24, 1992, Pub. L. 102–508, §303, 106 Stat. 3307. |
| 1131(a)(2) | 49 App.:1903(a)(1) (2d, 3d sentences). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1) (less (A)–(F)), 88 Stat. 2168; Nov. 3, 1981, Pub. L. 97–74, §3, 95 Stat. 1065. |
| 1131(a)(3) | 49 App.:1903(a)(1) (4th, 5th sentences). | |
| 1131(b) | 49 App.:1903(a)(1)(E) (last sentence). | |
| 1131(c) | 49 App.:1441(f). | Aug. 23, 1958, Pub. L. 85–726, §701(a)(4), (f), 72 Stat. 781. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A) (6th, last sentences). | ||
| 1131(d) | 49 App.:1441(a)(4). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 49 App.:1903(a)(2). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(2), 88 Stat. 2168; July 19, 1988, Pub. L. 100–372, §3(a), 102 Stat. 876. |
In this section, the word “conditions” is omitted as being included in “circumstances”. The words “head of the department in which the Coast Guard is operating” are substituted for “Secretary of the department in which the Coast Guard is operating” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1)(A), the words “the Board has authority to investigate under section 1132 of this title” are substituted for “which is within the scope of the functions, powers, and duties transferred from the Civil Aeronautics Board under section 1655(d) of this Appendix pursuant to title VII of the Federal Aviation Act of 1958, as amended [49 App. U.S.C. 1441 et seq.]” because of the restatement.
In subsection (a)(1)(F), before subclause (i), the word “decides” is substituted for “in the judgment of” for clarity. The word “individuals” is substituted for “people” for consistency in the revised title. In subclause (iii), the words “the investigation of” are added as being more precise.
In subsection (a)(3), the word “developed” is substituted for “obtained or developed” to eliminate unnecessary words.
In subsection (b)(2), the word “affect” is substituted for “eliminate or diminish” for clarity.
In subsection (c), the text of 49 App.:1441(f) is omitted as superseded by 49 App.:1903(a)(1) (6th, last sentences).
In subsection (d), the words “in writing” in 49 App.:1903(a)(2) are omitted as surplus. The words “by it” are added for clarity. The text of 49 App.:1441(a)(4) is omitted as superseded by 49 App.:1903(a)(1)(A) and (2).
Section 40102(a)(37) of this title, referred to in subsec. (a)(1)(A), was redesignated section 40102(a)(41) by Pub. L. 108–176, title II, §225(a)(3), Dec. 12, 2003, 117 Stat. 2528.
Presidential Proclamation No. 5928, referred to in subsec. (a)(1)(E), is set out as a note under section 1331 of Title 43, Public Lands.
Section 2101(46) of title 46, referred to in subsec. (a)(1)(E), was repealed and reenacted as section 116 of title 46 by Pub. L. 109–304, §§4, 15(2)(A), Oct. 6, 2006, 120 Stat. 1486, 1702.
2006—Subsec. (a)(1)(E). Pub. L. 109–443, §9(b), substituted “on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988,” for “on the navigable waters or territorial sea of the United States,” and inserted “(as defined in section 2101(46) of title 46)” after “vessel of the United States”.
Subsec. (c)(1). Pub. L. 109–443, §9(c), inserted “or the Secretary of the department in which the Coast Guard is operating” after “Transportation” in introductory provisions.
2003—Subsec. (a)(2)(B), (C). Pub. L. 108–168 realigned margins.
2000—Subsec. (a)(2). Pub. L. 106–424, §6(a), designated existing provisions as subpar. (A), substituted “Subject to the requirements of this paragraph, an investigation” for “An investigation”, and added subpars. (B) and (C).
Subsec. (d). Pub. L. 106–424, §7, substituted “1134(a), (b), (d), and (f)” for “1134(b)(2)”.
1994—Subsec. (a)(1)(A). Pub. L. 103–411, §3(c)(1), inserted before semicolon at end “or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States”.
Subsecs. (d), (e). Pub. L. 103–411, §3(c)(2), added subsec. (d) and redesignated former subsec. (d) as (e).
Section 3(d) of Pub. L. 103–411 provided that: “The amendments made by subsections (a) and (c) [amending this section and section 40102 of this title] shall take effect on the 180th day following the date of the enactment of this Act [Oct. 25, 1994].”
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pub. L. 108–168, §3(b), Dec. 6, 2003, 117 Stat. 2033, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 6, 2003], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section [amending section 1136 of this title] and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.”
Pub. L. 106–424, §6(b), Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].”
Pub. L. 106–424, §8, Nov. 1, 2000, 114 Stat. 1886, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Understanding governing major marine accidents—
“(1) to redefine or clarify the standards used to determine when the National Transportation Safety Board will lead an investigation; and
“(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.”
1 See References in Text note below.
(a)
(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)
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 753.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1132(a)(1) | 49 App.:1441(a)(2). | Aug. 23, 1958, Pub. L. 85–726, §§701(a)(1), (2), (c) (1st sentence), (g), 702, 72 Stat. 781, 782. |
| 49 App.:1442(a). | ||
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. | |
| 1132(a)(2) | 49 App.:1441(c) (1st sentence). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1132(b) | 49 App.:1441(a)(1). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1132(c) | 49 App.:1441(g). | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1132(d) | 49 App.:1442(b), (c). | |
| 49 App.:1655(c)(1), (d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). |
In subsection (a)(1)(A), the words “and report the facts, conditions, and circumstances related to each accident and the probable cause thereof” in 49 App.:1441(a)(2) are omitted as unnecessary because of section 1131(d) of the revised title.
In subsection (a)(1)(B), the words “provide for” in 49 App.:1442(a) are omitted as surplus.
In subsection (a)(2), the words “any member of the National Transportation Safety Board or any officer or employee of the National Transportation Safety Board” in 49 App.:1441(c) are omitted as unnecessary because of sections 1113 and 1134 of the revised title.
In subsections (c) and (d), the words “Secretary of Transportation” and “Secretary” are substituted for “Administrator” in sections 701(g) and 702(b) and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 782) for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g).
In subsection (c), the words “and his representatives” in 49 App.:1441(g) are omitted because of 49:322(b). The words “when participation is necessary to carry out the duties and powers” are substituted for “In order to assure the proper discharge . . . of his duties and responsibilities” to eliminate unnecessary words. The words “or his representatives” are omitted because of 49:322(b).
The National Transportation Safety Board shall review on appeal—
(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;
(2) the revocation of a certificate of registration under section 44106 of this title;
(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and
(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1133(1)–(3) | 49 App.:1903(a)(9). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(9), 88 Stat. 2169; Oct. 19, 1984, Pub. L. 98–499, §4(b), 98 Stat. 2315. |
| 1133(4) | (no source). |
In clause (1), the word “certificate” is substituted for “operating certificate” for consistency in the revised title. The words “or license” are omitted as unnecessary because only certificates are issued under the sections cited in this section.
In clause (3), the words “head of the department in which the Coast Guard is operating” are substituted for “Commandant of the Coast Guard” for consistency with 14:5 and 46:2101(34).
Clause (4) is added to reflect all the appellate responsibilities of the National Transportation Safety Board.
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
(a)
(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)
(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)
(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)
(e)
(f)
(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1134(a) | 49 App.:1903(b)(2) (1st sentence words before 3d comma, 3d sentence). | Jan. 3, 1975, Pub. L. 93–633, §304(b)(2), 88 Stat. 2170; Nov. 3, 1981, Pub. L. 97–74, §5, 95 Stat. 1065; Nov. 28, 1990, Pub. L. 101–641, §3, 104 Stat. 4654. |
| 1134(b) | 49 App.:1441(c) (2d sentence), (d). | Aug. 23, 1958, Pub. L. 85–726, §701(c) (2d, last sentences), (d), 72 Stat. 781; Oct. 15, 1962, Pub. L. 87–810, §§1, 2, 76 Stat. 921. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (b)(5), 88 Stat. 2168, 2170. | |
| 1134(c) | 49 App.:1903(b)(2) (1st sentence words after 3d comma, 2d sentence). | |
| 1134(d) | 49 App.:1903(b)(2) (5th, last sentences). | |
| 1134(e) | 49 App.:1903(b)(2) (4th sentence). | |
| 1134(f) | 49 App.:1441(c) (last sentence). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A), (b)(5). |
In subsection (a), before clause (1), the word “officer” is added for consistency in the revised title.
In subsection (b)(1), the words “investigating an aircraft accident” are substituted for “carrying out its duties” in 49 App.:1441(c) for clarity. The words “inspect and test” are substituted for “examine and test” for consistency in the revised title and with other titles of the United States Code.
In subsection (c), before clause (1), the words “In carrying out subsection (a)(1) of this section, an officer or employee” are added because of the restatement. The words “or any part of any such item” are omitted as surplus. The words “when such examination or testing is determined to be required for purposes of such investigation” are omitted as unnecessary because of the words “do anything necessary to conduct an investigation” in subsection (a)(1) of this section. In clause (1), the word “obstruct” is omitted as being included in “interfere”.
In subsection (d), the word “individuals” is substituted for “persons” the 2d time that word is used for clarity. The words “The Board shall make any of those decisions” are substituted for “and shall be made” because of the restatement.
In subsection (e), the word “promptly” is substituted for “with reasonable promptness” to eliminate unnecessary words.
In subsection (f)(1), the words “In the case of any fatal accident” in 49 App.:1441(c) are omitted as surplus. The words “to examine the remains of any deceased person aboard the aircraft at the time of the accident, who dies as a result of the accident” are omitted as unnecessary because of the authority of the Board to conduct autopsies.
(a)
(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)
(c)
(d)
(1)
(2)
(A) any recommendation for which the Secretary has developed, or intends to develop, procedures to adopt the recommendation or part of the recommendation, but has yet to complete the procedures; and
(B) any recommendation for which the Secretary, in the preceding year, has issued a response under subsection (a)(2) or (a)(3) refusing to carry out all or part of the procedures to adopt the recommendation.
(3)
(A)
(i) a description of the recommendation;
(ii) a description of the procedures planned for adopting the recommendation or part of the recommendation;
(iii) the proposed date for completing the procedures; and
(iv) if the Secretary has not met a deadline contained in a proposed timeline developed in connection with the recommendation under subsection (b), an explanation for not meeting the deadline.
(B)
(i) a description of the recommendation; and
(ii) a description of the reasons for the refusal to carry out all or part of the procedures to adopt the recommendation.
(e)
(1)
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 755; Pub. L. 108–168, §6, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, §2(b), Dec. 21, 2006, 120 Stat. 3298; Pub. L. 111–216, title II, §202, Aug. 1, 2010, 124 Stat. 2351; Pub. L. 111–249, §6(1), (2), Sept. 30, 2010, 124 Stat. 2628.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1135(a), (b) | 49 App.:1906(a) (less last sentence). | Jan. 3, 1975, Pub. L. 93–633, §307(a), 88 Stat. 2172; Nov. 3, 1981, Pub. L. 97–74, §6, 95 Stat. 1066; July 19, 1988, Pub. L. 100–372, §3(b), 102 Stat. 876. |
| 1135(c) | 49 App.:1906(a) (last sentence). | |
| 1135(d) | 49 App.:1906(b). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §307(b); added Nov. 3, 1981, Pub. L. 97–74, §6, 95 Stat. 1066. |
In subsections (a) and (b), the words “carry out” are substituted for “initiate and conduct” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(1), the word “complete” is substituted for “in full” for consistency in the revised title.
2010—Subsec. (a). Pub. L. 111–216, §202(a), as amended by Pub. L. 111–249, §6(1), inserted “to the Board” after “shall give” in introductory provisions.
Subsecs. (d), (e). Pub. L. 111–216, §202(b), as amended by Pub. L. 111–249, §6(2), added subsec. (d) and redesignated former subsec. (d) as (e).
2006—Subsec. (d)(3). Pub. L. 109–443 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.”
2003—Subsec. (d). Pub. L. 108–168 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Secretary shall submit to Congress on January 1 of each year a report containing each recommendation on transportation safety made by the Board to the Secretary during the prior year and a copy of the Secretary's response to each recommendation.”
Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Pub. L. 111–249 are effective as of Aug. 1, 2010, and as if included in Pub. L. 111–216 as enacted.
Pub. L. 108–168, §9, Dec. 6, 2003, 117 Stat. 2035, provided that:
“(a)
“(1) 15-passenger van safety;
“(2) railroad grade crossing safety; and
“(3) medical certifications for a commercial driver's license.
“(b)
“(1) final regulatory action has been taken on the recommendation;
“(2) the Secretary determines, and states in the report, that no action should be taken on that recommendation; or
“(3) the report, if any, required to be submitted in 2008 is submitted.
“(c)
Pub. L. 107–355, §19, Dec. 17, 2002, 116 Stat. 3009, as amended by Pub. L. 108–426, §2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that:
“(a)
“(b)
“(c)
(a)
(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.
(b)
(c)
(1) To provide mental health and counseling services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.
(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
(4) To communicate with the families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.
(5) To arrange a suitable memorial service, in consultation with the families.
(d)
(1)
(A)
(B)
(2)
(e)
(1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(f)
(g)
(1)
(2)
(3)
(h)
(1)
(2)
(A) an employee of an air carrier or foreign air carrier aboard an aircraft; and
(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight.
(i)
(j)
(1)
(2)
(Added Pub. L. 104–264, title VII, §702(a)(1), Oct. 9, 1996, 110 Stat. 3265; amended Pub. L. 106–181, title IV, §401(a)(1), (b)–(d), Apr. 5, 2000, 114 Stat. 129; Pub. L. 108–168, §3(a), Dec. 6, 2003, 117 Stat. 2033.)
2003—Subsec. (j). Pub. L. 108–168 added subsec. (j).
2000—Subsec. (g)(2). Pub. L. 106–181, §401(a)(1), substituted “transportation and in the event of an accident involving a foreign air carrier that occurs within the United States,” for “transportation,”, inserted “(including any associate, agent, employee, or other representative of an attorney)” after “attorney”, and substituted “45th day” for “30th day”.
Subsec. (g)(3). Pub. L. 106–181, §401(b), added par. (3).
Subsec. (h)(2). Pub. L. 106–181, §401(c), amended heading and text generally. Prior to amendment, text read as follows: “The term ‘passenger’ includes an employee of an air carrier aboard an aircraft.”
Subsec. (i). Pub. L. 106–181, §401(d), added subsec. (i).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
(a)
(b)
(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address such problems; and
(3) report periodically to Congress on any progress made in implementing actions to address such problems.
(c)
(d)
(1)
(2)
(Added Pub. L. 106–424, §12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, §4, Dec. 21, 2006, 120 Stat. 3299.)
Section 6 of the Inspector General Act of 1978, referred to in subsec. (c), is section 6 of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.
2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.”
(a)
(b)
(1) information management and security, including privacy protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and policies;
(5) the extent to which the Board follows leading practices in selected management areas; and
(6) the extent to which the Board addresses management challenges in completing accident investigations.
(c)
(Added Pub. L. 109–443, §5(a), Dec. 21, 2006, 120 Stat. 3299.)
(a)
(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and post trauma 1 communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.
(b)
(1) facilitating the recovery and identification of fatally injured passengers involved in an accident described in subsection (a); and
(2) communicating with the families of passengers involved in the accident as to the roles, with respect to the accident and the post-accident activities, of—
(A) the organization designated for an accident under subsection (a)(2);
(B) Government agencies; and
(C) the rail passenger carrier involved.
(c)
(1) To provide mental health and counseling services, in coordination with the disaster response team of the rail passenger carrier involved.
(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
(4) To arrange a suitable memorial service, in consultation with the families.
(d)
(1)
(A)
(B)
(2)
(e)
(1) are briefed, prior to any public briefing, about the accident and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(f)
(g)
(1)
(2)
(3)
(h)
(1)
(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,
regardless of its cause or suspected cause.
(2)
(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,
except that such term does not include a tourist, historic, scenic, or excursion rail carrier.
(3)
(A) an employee of a rail passenger carrier aboard a train;
(B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and
(C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board.
(i)
(j)
(1)
(2)
(k)
(Added Pub. L. 110–432, div. A, title V, §501(a), Oct. 16, 2008, 122 Stat. 4894.)
Pub. L. 110–432, div. A, title V, §503, Oct. 16, 2008, 122 Stat. 4899, provided that:
“(a)
“(b)
“(1) a model plan to assist rail passenger carriers in responding to passenger rail accidents;
“(2) recommendations on methods to improve the timeliness of the notification provided by passenger rail carriers to the families of passengers involved in a passenger rail accident;
“(3) recommendations on methods to ensure that the families of passengers involved in a passenger rail accident who are not citizens of the United States receive appropriate assistance; and
“(4) recommendations on methods to ensure that emergency services personnel have as immediate and accurate a count of the number of passengers onboard the train as possible.
“(c)
1 So in original. Probably should be “post-trauma”.
(a)
(b)
(1) to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and
(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756; Pub. L. 106–181, title IV, §401(a)(2), Apr. 5, 2000, 114 Stat. 129.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1151(a) | 49 App.:1487(a) (related to CAB). | Aug. 23, 1958, Pub. L. 85–726, §§1007 (related to CAB), 1008 (related to CAB), 72 Stat. 796. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. | |
| 1151(b) | 49 App.:1487(b) (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1151(c) | 49 App.:1488 (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). |
In this section, the words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “issued under this chapter” and “provisions of this chapter” because those sections restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board.
In subsections (a) and (b), the word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as being included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the National Transportation Safety Board does not have authority to issue certificates or permits.
In subsection (a), the words “their duly authorized agents” are omitted as surplus. The words “may bring a civil action” are substituted for “may apply” in 49 App.:1487(a) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “An action under this subsection may be brought in the judicial district in which” are substituted for “for any district wherein” for clarity. The text of 49 App.:1487(a) (words after semicolon) is omitted as unnecessary because of rule 81(b) of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b), before clause (1), the words “Attorney General” are substituted for “any district attorney of the United States” in 49 App.:1487(b) because of 28:509. The words “to whom the Board or Secretary of Transportation may apply” are omitted as surplus. The words “may bring a civil action” are substituted for “is authorized to institute . . . all necessary proceedings” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under the direction of the Attorney General” are omitted as unnecessary because of 28:516. The text of 49 App.:1487(b) (words after last comma) is omitted as obsolete.
In subsection (c), the words “civil action” are substituted for “proceeding in court” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
2000—Pub. L. 106–181 inserted “1136(g)(2),” before “or 1155(a)” in subsecs. (a), (b)(1), and (c).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1152 | 49 App.:1489. | Aug. 23, 1958, Pub. L. 85–726, §1009, 72 Stat. 796. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. |
The words “civil action” are substituted for “proceedings . . . begun originally in any court of the United States” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title” are substituted for “the provisions of this chapter” in 49 App.:1489 because 49 App.:1489 is taken from 49 App.:ch. 20 and the sections in quotations restate the relevant provisions of 49 App.:ch. 20 carried out by the National Transportation Safety Board. The remaining relevant provisions of 49 App.:ch. 20 are restated in part A of subtitle VII of the revised title, and provisions comparable to this section are included as section 46109 of the revised title. The word “rule” is omitted as being synonymous with “regulation”. The word “requirement” is omitted as included in “order”. The words “or any term, condition, or limitation of any certificate or permit” are omitted because the Board does not have authority to issue certificates or permits. The words “may be joined as a party or permitted to intervene” are substituted for “it shall be lawful to include as parties, or to permit the intervention of” for clarity. The text of 49 App.:1489 (words after semicolon) is omitted as surplus.
(a)
(b)
(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)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756; Pub. L. 108–293, title VI, §622, Aug. 9, 2004, 118 Stat. 1063.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1153(a) | 49 App.:1655(d) (last sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d), 80 Stat. 938. |
| 49 App.:1903(d). | Jan. 3, 1975, Pub. L. 93–633, §304(d), 88 Stat. 2171. | |
| 1153(b)(1) | 49 App.:1486(a), (b) (as 1486(a), (b) relates to CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(a), (b), (e), (f) (as §1006(a), (b), (e), (f) relates to CAB), 72 Stat. 795. |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(2) | 49 App.:1486(c) (related to CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(c) (related to CAB), 72 Stat. 795; restated June 29, 1960, Pub. L. 86–546, §1, 74 Stat. 255. |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(3) | 49 App.:1486(d), (e) (1st sentence) (as 1486(d), (e) (1st sentence) relates to CAB). | Aug. 23, 1958, Pub. L. 85–726, §1006(d) (related to CAB), 72 Stat. 795; restated Sept. 13, 1961, Pub. L. 87–225, §2, 75 Stat. 497. |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(4) | 49 App.:1486(e) (last sentence related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(b)(5) | 49 App.:1486(f) (related to CAB). | |
| 49 App.:1655(d) (1st sentence). | ||
| 1153(c) | 49 App.:1429(a) (8th–last sentences related to Administrator under subch. VII). | Aug. 23, 1958, Pub. L. 85–726, §609(a) (8th–last sentences related to Administrator under title VII), 72 Stat. 779; Nov. 18, 1971, Pub. L. 92–159, §2(a), 85 Stat. 481; Aug. 26, 1992, Pub. L. 102–345, §3(a)(2), 106 Stat. 925. |
| 49 App.:1471(a) (3)(D)(v) (related to Administrator under subch. VII). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §901(a) (3)(D)(v) (related to Administrator under title VII); added Nov. 18, 1988, Pub. L. 100–690, §7208(b), 102 Stat. 4429; restated Aug. 26, 1992, Pub. L. 102–345, §2(a), 106 Stat. 923. | |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In subsection (a), the text of 49 App.:1903(d) (last sentence) is omitted as unnecessary because 5:ch. 7 applies by its own terms. The words “final order” are substituted for “order, affirmative or negative” in 49 App.:1903(d) and “Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final” in 49 App.:1655(d) to eliminate unnecessary words. The words “is issued” are substituted for “after the entry” for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1655(d) (last sentence words after last comma) is omitted as unnecessary because of 49 App.:1903(d).
In subsection (b)(1), the words “affirmative or negative” are omitted as surplus. The words “related to an aviation matter” are added because the source provisions being restated only apply to aviation matters. The words “is issued” are substituted for “the entry of” for consistency in the revised title and with other titles of the Code.
In subsection (b)(2), the words “if any” are omitted as surplus. The words “of the proceeding” are added for clarity. The words “complained of” and “as provided in section 2112 of title 28” are omitted as surplus.
In subsection (b)(3), the word “amend” is added for consistency in the revised title. The word “interim” is substituted for “interlocutory” for clarity. The words “taking other appropriate action” are substituted for “by such mandatory or other relief as may be appropriate” for clarity and to eliminate unnecessary words.
In subsection (b)(4), the words “made in the proceeding conducted by” are substituted for “urged before” for clarity.
In subsection (c), the source provisions are combined to eliminate unnecessary words and are restated in this chapter to alert the reader to the authority of the Administrator of the Federal Aviation Administration to seek judicial review of an order of the National Transportation Safety Board under section 44709 or 46301(d) of the revised title that the Administrator decides will have a significant adverse impact on carrying out source provisions restated in this chapter that are derived from title VII of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 781).
2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).
(a)
(A) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and
(B) a cockpit or surface vehicle recorder recording.
(2)(A) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder transcript if, after an in camera review of the transcript, the court decides that—
(i) the part of the transcript made available to the public under section 1114(c) or 1114(d) of this title does not provide the party with sufficient information for the party to receive a fair trial; and
(ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the party to receive a fair trial.
(B) A court may allow discovery, or require production for an in camera review, of a cockpit or surface vehicle recorder transcript that the Board has not made available under section 1114(c) or 1114(d) of this title only if the cockpit or surface vehicle recorder recording is not available.
(3) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder recording if, after an in camera review of the recording, the court decides that—
(A) the parts of the transcript made available to the public under section 1114(c) or 1114(d) of this title and to the party through discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a fair trial; and
(B) discovery of the cockpit or surface vehicle recorder recording 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 or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order—
(i) to limit the use of the 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 or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the 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 or surface vehicle recorder information in making safety recommendations.
(6) In this subsection:
(A)
(B)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 757; Pub. L. 106–424, §5(c)(1), Nov. 1, 2000, 114 Stat. 1885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1154(a) | 49 App.:1905(c)(3), (d). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §306(c)(3), (d); added Oct. 14, 1982, Pub. L. 97–309, §2, 96 Stat. 1453; restated Nov. 28, 1990, Pub. L. 101–641, §4, 104 Stat. 4655. |
| 1154(b) | 49 App.:1441(e). | Aug. 23, 1958, Pub. L. 85–726, §701(e), 72 Stat. 781. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A), (c). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), (c), 88 Stat. 2168, 2171. |
In subsection (a), the word “transcript” is substituted for “transcriptions” for clarity.
In subsection (a)(1)(A), the words “that the National Transportation Safety Board has not made available to the public” are substituted for “other than such portions made available to the public by the Board” for clarity.
In subsection (a)(2)(B), the words “prepared by or under the direction of the Board” are omitted as unnecessary and for consistency with the source provisions restated in this subsection.
In subsection (b), the words “civil action” are substituted for “suit or action” in 49 App.:1441(e) and 1903(c) for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
2000—Pub. L. 106–424, §5(c)(1)(A), substituted “and surface vehicle recordings and transcripts” for “voice and other material” in section catchline.
Subsec. (a). Pub. L. 106–424, §5(c)(1)(B), substituted “cockpit or surface vehicle recorder” for “cockpit voice recorder” wherever appearing.
Pub. L. 106–424, §5(c)(1)(C), substituted “section 1114(c) or 1114(d)” for “section 1114(c)” wherever appearing.
Subsec. (a)(6). Pub. L. 106–424, §5(c)(1)(D), which directed the amendment of this section by adding par. (6) at the end, was executed by adding par. (6) at the end of subsec. (a) to reflect the probable intent of Congress.
(a)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 758; Pub. L. 104–264, title VII, §702(b), Oct. 9, 1996, 110 Stat. 3267.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1155(a)(1), (2) | 49 App.:1471(a)(1) (related to subchapter VII). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(1) (related to title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, §107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, §113(b), 88 Stat. 2162. |
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, §6(d) (1st sentence), 80 Stat. 938. | |
| 49 App.:1903(a)(1)(A). | Jan. 3, 1975, Pub. L. 93–633, §304(a)(1)(A), 88 Stat. 2168. | |
| 1155(a)(3), (4) | 49 App.:1471(a)(2) (related to subchapter VII). | Aug. 23, 1958, Pub. L. 85–726, §901(a)(2) (related to title VII), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, §12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, §35(b), 92 Stat. 1740. |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1155(a)(5) | 49 App.:1473(b)(1). | Aug. 23, 1958, Pub. L. 85–726, §903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, §36, 92 Stat. 1741. |
| 49 App.:1473(b)(4). | Aug. 23, 1958, Pub. L. 85–726, §903(b)(4), 72 Stat. 787. | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 1155(b) | 49 App.:1472(p). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §902(p); added Oct. 15, 1962, Pub. L. 87–810, §4, 76 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, §103(b), 88 Stat. 410; Dec. 30, 1987, Pub. L. 100–223, §204(e), 101 Stat. 1520. |
In subsection (a)(1), the words “section 1132 or 1134(b) or (f)(1) (related to an aircraft accident) of this title” are substituted for “any provision of subchapter . . . VII . . . of this chapter” in 49 App.:1471(a)(1) because those sections restate the relevant source provisions of 49 App.:ch. 20 carried out by the Board. The words “regulation prescribed or order issued under either of those sections” are substituted for “rule, regulation, or order issued thereunder” for clarity and consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous. The words “liable to the United States Government” are substituted for “subject to” for clarity. The words “for each such violation” are omitted as unnecessary because of 18:1.
In subsection (a)(2), the word “civilian” is omitted as unnecessary. The words “with respect thereto” are omitted as surplus.
In subsection (a)(4), the words “imposed or compromised” are substituted for “finally determined or fixed by order of the Board, or the amount agreed upon in compromise” in 49 App.:1471(a)(2) for consistency and to eliminate unnecessary words.
In subsection (a)(5), the words “imposed or assessed” are omitted as surplus. The words “civil action against the person” are substituted for “proceedings in personam against the person” in 49 App.:1473(b)(1) for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last sentence) is omitted as unnecessary because penalties imposed by the National Transportation Safety Board do not involve liens on aircraft. The text of 49 App.:1473(b)(4) is omitted as unnecessary because of 28:ch. 131.
The Uniform Code of Military Justice, referred to in subsec. (a)(2), is classified generally to chapter 47 (§801 et seq.) of Title 10, Armed Forces.
Prior chapter 31 (§§3101–3104) of subtitle II redesignated and restated as chapter 315 (§§31501–31504) of subtitle VI of this title by Pub. L. 103–272, §1(c), (e).
1996—Subsec. (a)(1). Pub. L. 104–264 substituted “, section 1134(b), section 1134(f)(1), or section 1136(g)” for “or 1134(b) or (f)(1)” and “any of” for “either of”.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
2005—Pub. L. 109–59, title III, §3002(c), Aug. 10, 2005, 119 Stat. 1545, substituted “Public” for “Mass” in item for chapter 53.
1998—Pub. L. 105–178, title VII, §7302(b), June 9, 1998, 112 Stat. 482, added item for chapter 61.
2005—Pub. L. 109–59, title VII, §§7111, 7115(a)(2), (h), 7123(c), Aug. 10, 2005, 119 Stat. 1899, 1901, 1908, struck out item 5111 “Rail tank cars”, substituted “Special permits and exclusions” for “Exemptions and exclusions” in item 5117, struck out item 5118 “Inspectors”, added items 5127 and 5128, and struck out former item 5127 “Authorization of appropriations”.
2001—Pub. L. 107–56, title X, §1012(a)(2), Oct. 26, 2001, 115 Stat. 397, added item 5103a.
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 759; Pub. L. 109–59, title VII, §7101(b), Aug. 10, 2005, 119 Stat. 1891.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5101 | 49 App.:1801. | Jan. 3, 1975, Pub. L. 93–633, §102, 88 Stat. 2156. |
The words “It is declared to be the policy of Congress”, “the Nation”, and “which are” are omitted as surplus.
2005—Pub. L. 109–59 substituted “The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce” for “The purpose of this chapter is to provide adequate protection against the risks to life and property inherent in the transportation of hazardous material in commerce by improving the regulatory and enforcement authority of the Secretary of Transportation”.
Pub. L. 109–59, title III, §3001, Aug. 10, 2005, 119 Stat. 1544, provided that: “This title [see Tables for classification] may be cited as the ‘Federal Public Transportation Act of 2005’.”
Pub. L. 109–59, title VII, §7001, Aug. 10, 2005, 119 Stat. 1891, provided that: “This title [see Tables for classification] may be cited as the ‘Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005’.”
Pub. L. 105–178, title III, §3001, June 9, 1998, 112 Stat. 338, provided that: “This title [amending sections 5302 to 5305, 5307 to 5315, 5317 to 5320, 5323, 5325 to 5328, and 5333 to 5338 of this title and enacting provisions set out as notes under sections 301, 5301, 5307 to 5310, 5323, 5336, and 5338 of this title and sections 138 and 322 of Title 23, Highways] may be cited as the ‘Federal Transit Act of 1998’.”
Pub. L. 104–291, title II, §201, Oct. 11, 1996, 110 Stat. 3453, provided that: “This title [enacting section 5908 of this title and amending sections 5901 to 5903 and 5905 to 5907 of this title] may be cited as the ‘Intermodal Safe Container Transportation Amendments Act of 1996’.”
Pub. L. 103–311, title I, §101, Aug. 26, 1994, 108 Stat. 1673, provided that: “This title [amending sections 5102 to 5104, 5107, 5108, 5110, 5116, 5117, 5121, and 5125 to 5127 of this title and enacting provisions set out as notes under this section, sections 5103, 5112, and 5121 of this title, and section 307 of Title 23, Highways] may be cited as the ‘Hazardous Materials Transportation Authorization Act of 1994’.”
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Pub. L. 109–59, title VII, §7101(a), Aug. 10, 2005, 119 Stat. 1891, provided that: “Congress finds with respect to hazardous materials transportation that—
“(1) approximately 4,000,000,000 tons of regulated hazardous materials are transported each year and approximately 1,200,000 movements of hazardous materials occur each day, according to Department of Transportation estimates;
“(2) the movement of hazardous materials in commerce is necessary to maintain economic vitality and meet consumer demands and must be conducted in a safe, secure, and efficient manner;
“(3) accidents involving, or unauthorized access to, hazardous materials in transportation may result in a release of such materials and pose a serious threat to public health and safety;
“(4) because of the potential risks to life, property, and the environment posed by unintentional releases of hazardous materials, consistency in laws and regulations governing the transportation of hazardous materials is necessary and desirable; and
“(5) in order to provide reasonable, adequate, and cost-effective protection from the risks posed by the transportation of hazardous materials, a network of well-trained State and local emergency response personnel and hazmat employees is essential.”
Pub. L. 103–311, title I, §123, Aug. 26, 1994, 108 Stat. 1682, provided that:
“(a)
“(b)
“(1) In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this title, it is the sense of Congress that entities receiving such assistance should, in expending such assistance, purchase only American-made equipment and products.
“(2) In providing financial assistance under this title, the Secretary of Transportation shall provide to each recipient of the assistance a notice describing the statement made in paragraph (1) by Congress.
“(c)
“(d)
“(1) Except as provided in paragraph (2), no contract or subcontract may be made with funds authorized under this title to a company organized under the laws of a foreign country unless the Secretary of Transportation finds that such country affords comparable opportunities to companies organized under laws of the United States.
“(2)(A) The Secretary of Transportation may waive the provisions of paragraph (1) if the products or services required are not reasonably available from companies organized under the laws of the United States. Any such waiver shall be reported to Congress.
“(B) Paragraph (1) shall not apply to the extent that to do so would violate the General Agreement on Tariffs and Trade or any other international agreement to which the United States is a party.”
In this chapter—
(1) “commerce” means trade or transportation in the jurisdiction of the United States—
(A) between a place in a State and a place outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) “hazardous material” means a substance or material the Secretary designates under section 5103(a) of this title.
(3) “hazmat employee”—
(A) means an individual—
(i) who—
(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment—
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) “hazmat employer”—
(A) means a person—
(i) who—
(I) employs or uses at least 1 hazmat employee on a full time, part time, or temporary basis; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who—
(I) transports hazardous material in commerce;
(II) causes hazardous material to be transported in commerce; or
(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; and
(B) includes a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out an activity described in clause (ii).
(5) “imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(6) “Indian tribe” has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(7) “motor carrier”—
(A) means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102; but
(B) does not include a freight forwarder, as so defined, if the freight forwarder is not performing a function relating to highway transportation.
(8) “National Response Team” means the National Response Team established under the National Contingency Plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(9) “person”, in addition to its meaning under section 1 of title 1—
(A) includes a government, Indian tribe, or authority of a government or tribe that—
(i) offers hazardous material for transportation in commerce;
(ii) transports hazardous material to further a commercial enterprise; or
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; but
(B) does not include—
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title, a department, agency, or instrumentality of the Government.
(10) “public sector employee”—
(A) means an individual employed by a State, political subdivision of a State, or Indian tribe and who during the course of employment has responsibilities related to responding to an accident or incident involving the transportation of hazardous material;
(B) includes an individual employed by a State, political subdivision of a State, or Indian tribe as a firefighter or law enforcement officer; and
(C) includes an individual who volunteers to serve as a firefighter for a State, political subdivision of a State, or Indian tribe.
(11) “Secretary” means the Secretary of Transportation except as otherwise provided.
(12) “State” means—
(A) except in section 5119 of this title, a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States designated by the Secretary; and
(B) in section 5119 of this title, a State of the United States and the District of Columbia.
(13) “transports” or “transportation” means the movement of property and loading, unloading, or storage incidental to the movement.
(14) “United States” means all of the States.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 759; Pub. L. 103–311, title I, §117(a)(1), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 104–88, title III, §308(d), Dec. 29, 1995, 109 Stat. 947; Pub. L. 109–59, title VII, §§7102, 7126, Aug. 10, 2005, 119 Stat. 1892, 1909; Pub. L. 110–244, title III, §302(a), June 6, 2008, 122 Stat. 1618.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5102(1) | 49 App.:1802(1)–(3), (13). | Jan. 3, 1975, Pub. L. 93–633, §103, 88 Stat. 2156; restated Nov. 16, 1990, Pub. L. 101–615, §3(a), 104 Stat. 3245; Oct. 24, 1992, Pub. L. 102–508, §§501, 502, 106 Stat. 3311. |
| 5102(2) | 49 App.:1802(4). | |
| 5102(3) | 49 App.:1802(5). | |
| 5102(4) | 49 App.:1802(6). | |
| 5102(5) | 49 App.:1802(7). | |
| 5102(6) | 49 App.:1802(8). | |
| 5102(7) | 49 App.:1802(9). | |
| 5102(8) | 49 App.:1802(10). | |
| 5102(9) | 49 App.:1802(11). | |
| 5102(10) | 49 App.:1802(12). | |
| 5102(11) | 49 App.:1802(14). | |
| 5102(12) | 49 App.:1802(15). | |
| 5102(13) | 49 App.:1802(16). |
In this chapter, the words “or shipped” are omitted as being included in “transported”.
In clause (1), before subclause (A), the text of 49 App.:1802(1), (3), and (13) is omitted because the complete names of the Administrator of the Environmental Protection Agency, Director of the Federal Emergency Management Agency, and Secretary of Transportation are used the first time the terms appear in a section. The words “traffic, commerce” are omitted as surplus. In subclause (B), the words “between a place in a State and a place outside of the State” are substituted for “described in clause (A)” for clarity.
In clauses (3)(C) and (10)(B), the words “at a minimum” are omitted as surplus.
In clause (5), the words “administrative hearing or other” are omitted as surplus.
In clause (9), before subclause (A), the words “including any trustee, receiver, assignee, or similar representative thereof” are omitted as surplus.
In clause (12), the words “by any mode” are omitted as surplus.
2008—Par. (3). Pub. L. 110–244 amended Pub. L. 109–59, §7102(2). See 2005 Amendment notes below.
2005—Par. (1)(C). Pub. L. 109–59, §7102(1), added subpar. (C).
Par. (2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Par. (3)(A)(i). Pub. L. 109–59, §7102(2)(A), as amended by Pub. L. 110–244, §302(a)(1), (2), added cl. (i) and struck out former cl. (i) which read as follows: “employed by a hazmat employer; and”.
Par. (3)(A)(ii). Pub. L. 109–59, §7102(2)(B), as amended by Pub. L. 110–244, §302(a)(1), (3), substituted “course of such full time, part time, or temporary employment, or such self employment,” for “course of employment” and inserted “and” at end.
Par. (3)(B). Pub. L. 109–59, §7102(2)(D)(i), as amended by Pub. L. 110–244, §302(a)(1), substituted “employed on a full time, part time, or temporary basis by a hazmat employer, or self employed,” for “employed by a hazmat employer,” in introductory provisions.
Pub. L. 109–59, §7102(2)(C), as amended by Pub. L. 110–244, §302(a)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “includes an owner-operator of a motor vehicle transporting hazardous material in commerce; and”.
Par. (3)(B)(ii). Pub. L. 109–59, §7102(2)(D)(ii), as amended by Pub. L. 110–244, §302(a)(1), added cl. (ii) and struck out former cl. (ii) which read as follows: “manufactures, reconditions, or tests containers, drums, and packagings represented as qualified for use in transporting hazardous material;”.
Par. (3)(C). Pub. L. 109–59, §7102(2)(C), as amended by Pub. L. 110–244, §302(a)(1), redesignated subpar. (C) as (B).
Par. (4). Pub. L. 109–59, §7102(3), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) to (C), which included within definition of “hazmat employer” a person using at least one employee in connection with transporting or containers for transporting hazardous material, an owner-operator of a motor vehicle transporting hazardous material in commerce, and a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out certain described activities.
Par. (5). Pub. L. 109–59, §7102(4), inserted “relating to hazardous material” after “of a condition”.
Par. (7). Pub. L. 109–59, §7102(5), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “ ‘motor carrier’ means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102 of this title.”
Par. (8). Pub. L. 109–59, §7102(6), substituted “National Response Team” for “national response team” in two places and “National Contingency Plan” for “national contingency plan”.
Par. (9)(A). Pub. L. 109–59, §7102(7), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “includes a government, Indian tribe, or authority of a government or tribe offering hazardous material for transportation in commerce or transporting hazardous material to further a commercial enterprise; but”.
Pars. (11) to (14). Pub. L. 109–59, §7102(8), added par. (11) and redesignated former pars. (11) to (13) as (12) to (14), respectively.
1995—Par. (7). Pub. L. 104–88 substituted “motor carrier, motor private” for “motor common carrier, motor contract carrier, motor private” and “section 13102” for “section 10102”.
1994—Pars. (3)(C)(ii), (4)(A)(iii). Pub. L. 103–311 substituted “packagings” for “packages”.
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.
(a)
(b)
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral presentation.
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, §117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, §6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, §1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 109–59, title VII, §§7103, 7126, Aug. 10, 2005, 119 Stat. 1893, 1909; Pub. L. 109–177, title VII, §741, Mar. 9, 2006, 120 Stat. 272.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5103(a) | 49 App.:1803. | Jan. 3, 1975, Pub. L. 93–633, §104, 88 Stat. 2156. |
| 5103(b) | 49 App.:1804(a) (1)–(3). | Jan. 3, 1975, Pub. L. 93–633, §105(a)(1)–(3), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, §4, 104 Stat. 3247. |
In subsection (a), the words “such quantity and form of material” and “in his discretion” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “in accordance with section 553 of title 5” are omitted because 5:553 applies unless otherwise stated. In clause (A)(i), the words “hazardous material in commerce”, and in clause (A)(ii), the words “hazardous material . . . in commerce”, are added for consistency in this chapter.
This amends 49:5103(b)(2) to clarify the restatement of 49 App.:1804(a)(2) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary shall designate” for “Secretary of Transportation shall designate”.
Pub. L. 109–59, §7103(a), substituted “infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material,” for “etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material,” and “determines” for “decides”.
Subsec. (b)(1)(A). Pub. L. 109–59, §7103(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “apply to a person—
“(i) transporting hazardous material in commerce;
“(ii) causing hazardous material to be transported in commerce; or
“(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and”.
Subsec. (b)(1)(C). Pub. L. 109–59, §7103(c)(1), struck out heading and text of subpar. (C). Text read as follows: “When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary.”
Subsec. (c). Pub. L. 109–59, §7103(c)(2), added subsec. (c).
2002—Subsec. (b)(1). Pub. L. 107–296, §1711(a)(1), substituted “transportation, including security,” for “transportation” in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, §1711(a)(2), substituted “aspects, including security,” for “aspects”.
Subsec. (b)(1)(C). Pub. L. 107–296, §1711(a)(3), added subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
Subsec. (b)(2). Pub. L. 103–429 substituted “be conducted under section 553 of title 5, including” for “include” and “presentation” for “presentations”.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 110–432, div. A, title IV, §411, Oct. 16, 2008, 122 Stat. 4888, provided that:
“(a)
“(1) an analysis of the potential application of ‘as low as reasonably achievable’ principles for exposure to radiation to such employees with an emphasis on the need for special protection from radiation exposure for such employees during the first trimester of pregnancy or who are undergoing or have recently undergone radiation therapy;
“(2) the feasibility of requiring real-time dosimetry monitoring for such employees;
“(3) the feasibility of requiring routine radiation exposure monitoring in fixed railroad locations, such as yards and repair facilities; and
“(4) a review of the effectiveness of the Department's packaging requirements for radioactive materials.
“(b)
“(c)
[For definitions of “railroad carrier”, “Department”, “railroad”, and “Secretary”, as used in section 411 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Section 111 of Pub. L. 103–311 provided that: “The Secretary of Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry hazardous materials. In conducting the study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to Congress within 1 year after the date of enactment of this Act [Aug. 26, 1994].”
Pub. L. 104–88, title IV, §406, Dec. 29, 1995, 109 Stat. 957, provided that:
“(a)
“(1) the packaging is in compliance with regulations of the Secretary under the Hazardous Materials Transportation Act [former 49 U.S.C. 1801 et seq.] as in effect on September 30, 1991; and
“(2) the packaging will not be used for the transportation of hazardous materials that include materials which are poisonous by inhalation or materials in Packing Groups I and II.
“(b)
“(c)
“(1)
“(A) to determine whether the requirements of section 5103(b) of title 49, United States Code (relating to regulations for safe transportation), as they pertain to fiber drum packaging with a removable head can be met for the transportation of liquid hazardous materials (with respect to those liquid hazardous materials transported by such drums pursuant to regulations in effect on September 30, 1991) with standards (including fiber drum industry standards set forth in a June 8, 1992, exemption application submitted to the Department of Transportation), other than the performance-oriented packaging standards adopted under docket number HM–181 contained in part 178 of title 49, Code of Federal Regulations; and
“(B) to determine whether a packaging standard (including such fiber drum industry standards), other than such performance-oriented packaging standards, will provide an equal or greater level of safety for the transportation of liquid hazardous materials than would be provided if such performance-oriented packaging standards were in effect.
“(2)
“(d)
Section 122 of Pub. L. 103–311 provided that:
“(a)
“(b)
“(c)
“(d)
“(1) The provisions of subsections (a), (b), and (c) shall not apply to packaging for those hazardous materials regulated by the Department of Transportation as poisonous by inhalation under chapter 51 of title 49, United States Code.
“(2) Nothing in this section shall be construed to prohibit the Secretary of Transportation from issuing or enforcing regulations for the international transportation of hazardous materials.”
(a)
(1)
(2)
(b)
(c)
(d)
(1)
(A) shall carry out a background records check regarding the individual; and
(B) upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check.
(2)
(A) A check of the relevant criminal history data bases.
(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.
(C) As appropriate, a check of the relevant international data bases through Interpol–U.S. National Central Bureau or other appropriate means.
(e)
(1) each alien to whom the State issues a license described in subsection (a); and
(2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require.
(f)
(g)
(1)
(A)
(i) such notification is appropriate considering the potential security implications; and
(ii) the Director, in a final notification of threat assessment,1 served on the applicant 1 determines that the applicant does not meet the standards set forth in regulations issued to carry out this section.
(B)
(i)
(I) has performed a security threat assessment under this section; and
(II) has issued a final notification of no security threat,
is deemed to have met the requirements of any other background check that is required for purposes of any Federal law applicable to transportation workers if that background check is equivalent to, or less stringent than, the background check required under this section.
(ii)
(iii)
(2)
(A) an appeals process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver's license by that State may appeal that denial; and
(B) a waiver process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial driver's license by that State may apply for a waiver.
(3)
(4)
(5)
(A)
(B)
(i) include a list of background checks and other security or threat assessment requirements applicable to transportation workers under Federal laws for which the Department of Homeland Security is responsible and the process by which the Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent than, the background check performed under this section; and
(ii) provide an analysis of how the Director plans to reduce or eliminate redundant background checks in a manner that will continue to ensure the highest level of safety and security.
(h)
(1)
(2)
(3)
(Added Pub. L. 107–56, title X, §1012(a)(1), Oct. 26, 2001, 115 Stat. 396; amended Pub. L. 109–59, title VII, §§7104, 7105, 7126, Aug. 10, 2005, 119 Stat. 1894, 1909; Pub. L. 110–53, title XV, §1556(a), Aug. 3, 2007, 121 Stat. 475; Pub. L. 110–244, title III, §302(b), June 6, 2008, 122 Stat. 1618.)
Section 101(a)(3) of the Immigration and Nationality Act, referred to in subsec. (f), is classified to section 1101(a)(3) of Title 8, Aliens and Nationality.
The date of enactment of this subsection, referred to in subsecs. (g) and (h), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
2008—Subsec. (g)(1)(B)(ii). Pub. L. 110–244 substituted “subsection” for “Act”.
2007—Subsec. (a)(1). Pub. L. 110–53, §1556(a)(1), substituted “Secretary of Homeland Security” for “Secretary”.
Subsec. (b). Pub. L. 110–53, §1556(a)(2), substituted “Secretary of Transportation” for “Secretary” in two places.
Subsec. (d)(1)(B). Pub. L. 110–53, §1556(a)(3), substituted “Secretary of Homeland Security” for “Secretary”.
Subsec. (e). Pub. L. 110–53, §1556(a)(4), substituted “Secretary of Homeland Security” for “Secretary” wherever appearing.
2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7104(c), substituted “subsection (d)(1)(B),” for “subsection (c)(1)(B),”.
Subsec. (b). Pub. L. 109–59, §7104(a), substituted “with respect to any material defined as hazardous material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce” for “with respect to—
“(1) any material defined as a hazardous material by the Secretary of Transportation; and
“(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States”.
Subsec. (c). Pub. L. 109–59, §7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 109–59, §7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1)(B). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (e). Pub. L. 109–59, §7126, substituted “submit to the Secretary” for “submit to the Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, §7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, §7104(b)(1), redesignated subsec. (e) as (f).
Subsecs. (g), (h). Pub. L. 109–59, §7105, added subsecs. (g) and (h).
Pub. L. 107–56, title X, §1012(c), Oct. 26, 2001, 115 Stat. 398, provided that: “There is authorized to be appropriated for the Department of Transportation and the Department of Justice such amounts as may be necessary to carry out section 5103a of title 49, United States Code, as added by subsection (a).”
1 So in original. Comma probably should appear after “applicant”.
(a)
(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b)
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, §117(b), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, §6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §7106, Aug. 10, 2005, 119 Stat. 1897.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5104(a) | 49 App.:1804(e). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, §5, 104 Stat. 3252. |
| 5104(b) | 49 App.:1804(f). |
In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus.
In subsection (b), before clause (1), the word “deface” is omitted as surplus.
This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
2005—Subsec. (a)(1). Pub. L. 109–59, §7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”.
Subsec. (b). Pub. L. 109–59, §7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–59, §7106(b)(2), inserted “component of a package, or packaging,” after “package,”.
1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”.
Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(b)
(c)
(d)
(2) The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 762; Pub. L. 109–59, title VII, §§7107, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5105(a) | 49 App.:1813(e). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §116(e); added Oct. 24, 1992, Pub. L. 102–508, §505(2), 106 Stat. 3311. |
| 49 App.:1813 (note). | Nov. 16, 1990, Pub. L. 101–615, §16(e), 104 Stat. 3263. | |
| 5105(b) | 49 App.:1813(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §116(a)–(d); added Oct. 30, 1984, Pub. L. 98–559, §3, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, §15, 104 Stat. 3261; Oct. 24, 1992, Pub. L. 102–508, §505(1), 106 Stat. 3311. |
| 5105(c) | 49 App.:1813(b). | |
| 5105(d) | 49 App.:1813(c). | |
| 5105(e) | 49 App.:1813(d). |
In subsection (a), section 16(e) of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3263) is included to correct a mistake in the source provisions being restated. See section 16(a)(1) of the Act of 1990 (Public Law 101–615, 104 Stat. 3262), stating that the meanings of “high-level radioactive waste” and “spent nuclear fuel” are as defined in 49 App.:1813, as added by section 15 of the Act (104 Stat. 3261). See also Cong. Rec. S16863 (daily ed., Oct. 23, 1990).
In subsection (b), the words “Secretary of Energy” are substituted for “Department of Energy” because of 42:7131.
In subsection (c), the word “regulations” is substituted for “rule” for consistency in the revised title and with other titles of the United States Code and because “rule” and “regulation” are synonymous.
In subsection (d), before clause (1), the words “In combination” are omitted as surplus.
2005—Subsecs. (b), (c). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall” wherever appearing.
Subsec. (d). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall” in par. (1) and “Secretary may” for “Secretary of Transportation may” in par. (2).
Pub. L. 109–59, §7107, redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to a study to be conducted not later than Nov. 16, 1991, to decide which factors, if any, shippers and carriers should consider when selecting routes and modes that would enhance overall public safety related to the transportation of high-level radioactive waste and spent nuclear fuel.
Subsec. (e). Pub. L. 109–59, §7107(2), redesignated subsec. (e) as (d).
The Secretary may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5106 | 49 App.:1805(a). | Jan. 3, 1975, Pub. L. 93–633, §106(a), 88 Stat. 2157. |
Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.
2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
(a)
(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)
(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)
(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)
(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
(e)
(1)
(A) for training instructors to train hazmat employees; and
(B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
(2)
(A) expertise in conducting a training program for hazmat employees; and
(B) the ability to reach and involve in a training program a target population of hazmat employees.
(f)
(g)
(2) An action of the Secretary under subsections (a)–(d) of this section and section 5106 is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5107(a) | 49 App.:1805(b)(1), (2), (5) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(b); added Nov. 16, 1990, Pub. L. 101–615, §7(3), 104 Stat. 3253. |
| 5107(b) | 49 App.:1805(b)(4), (5) (last sentence). | |
| 5107(c) | 49 App.:1805(b)(6). | |
| 5107(d) | 49 App.:1805(b)(3) (1st sentence). | |
| 5107(e) | 49 App.:1816(a)–(c). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §118(a)–(c); added Nov. 16, 1990, Pub. L. 101–615, §18, 104 Stat. 3269. |
| 5107(f)(1) | 49 App.:1805(b)(7). | |
| 5107(f)(2) | 49 App.:1805(b)(3) (last sentence). |
In subsections (a)(1) and (b), before clause (1), the words “in order to comply with requirements established by such regulations” are omitted as surplus.
In subsection (a), before clause (1), the words “Within 18 months after November 16, 1990” are omitted as obsolete. In clause (1), the words “as provided by subsection (b) of this section” are added for clarity.
In subsection (b), before clause (1), the words “in accordance with the requirements established by such regulations” are omitted as surplus.
In subsection (c), before clause (1), the words “in accordance with the requirements established under this subsection” and “appropriate” before “documentation” are omitted as surplus.
In subsection (d), before clause (1), the words “take such actions as may be necessary to” are omitted as surplus. In clauses (1) and (2), the words “(and amendments thereto)” are omitted as surplus. In clause (1), the words “Secretary of Labor” are substituted for “Occupational Safety and Health Administration of the Department of Labor” because of 29:551.
In subsection (e), the words “and education” are omitted as being included in “training”. Before clause (1), the words “regarding the safe loading, unloading, handling, storage, and transportation of hazardous materials and emergency preparedness for responding to accidents or incidents involving the transportation of hazardous materials in order to meet the requirements issued under section 1816(b) of this title may be made under this section” are omitted as surplus.
In subsection (f)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
2005—Subsecs. (a) to (d). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of subsecs. (a) to (c) and “Secretary shall” for “Secretary of Transportation shall” in introductory provisions of subsec. (d).
Subsec. (e). Pub. L. 109–59, §7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates—
“(1) expertise in conducting a training program for hazmat employees; and
“(2) the ability to reach and involve in a training program a target population of hazmat employees.”
Subsec. (f). Pub. L. 109–59, §7108(3), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (g)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7108(4), substituted “section 5106” for “sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title”.
Subsec. (h). Pub. L. 109–59, §7108(2), redesignated subsec. (g) as (h).
1994—Subsec. (d). Pub. L. 103–311, §106, in introductory provisions inserted “or duplicate” after “conflict with” and in par. (1) substituted “hazard communication, and hazardous waste operations, and” for “hazardous waste operations and”.
Subsec. (e). Pub. L. 103–311, §119(c)(1), (2), in first sentence substituted “The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section.” for “In consultation with the Secretaries of Transportation and Labor and the Administrator, the Director of the National Institute of Environmental Health Sciences may make grants to train hazmat employees under this section.” and in second sentence inserted “hazmat employee” after “nonprofit”.
Subsec. (g). Pub. L. 103–311, §119(c)(3), added subsec. (g).
(a)
(A) a highway-route-controlled quantity of radioactive material.
(B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material in a motor vehicle, rail car, or transport container.
(C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.
(2) The Secretary may require any of the following persons to file a registration statement with the Secretary under this subsection:
(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.
(B) a person designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.
(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.
(b)
(A) the name and principal place of business of the registrant;
(B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and
(C) each State in which the person carries out any of the activities.
(2) A person carrying out more than one activity, or an activity at more than one location, for which filing is required only has to file one registration statement to comply with subsection (a) of this section.
(c)
(d)
(e)
(f)
(g)
(2)(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:
(i) gross revenue from transporting hazardous material.
(ii) the type of hazardous material transported or caused to be transported.
(iii) the amount of hazardous material transported or caused to be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries out for which filing a registration statement is required under this section.
(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.
(vii) the percentage of gross revenue derived from transporting hazardous material.
(viii) the amount to be made available to carry out sections 5108(g)(2), 5115, and 5116 of this title.
(ix) other factors the Secretary considers appropriate.
(B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116(i) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.
(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(i) of this title.
(3)
(h)
(i)
(2)(A) This section does not apply to an employee of a hazmat employer.
(B) Subsections (a)–(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, an Indian tribe, or an employee of a department, agency, instrumentality, or authority carrying out official duties.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 765; Pub. L. 103–311, title I, §§104, 117(a)(3), 119(d)(1), Aug. 26, 1994, 108 Stat. 1673, 1678, 1680; Pub. L. 105–102, §2(3), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–225, §7(b)(1), Aug. 12, 1998, 112 Stat. 1511; Pub. L. 109–59, title VII, §§7109(a)–(c), (e), (f), 7114(d)(3), 7126, Aug. 10, 2005, 119 Stat. 1897, 1898, 1900, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5108(a)(1) | 49 App.:1805(c)(1). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(c); added Nov. 16, 1990, Pub. L. 101–615, §8(a), 104 Stat. 3255; Oct. 24, 1992, Pub. L. 102–508, §503(a)(1)–(3), (b), 106 Stat. 3311. |
| 5108(a)(2) | 49 App.:1805(c)(3). | |
| 5108(a)(3) | 49 App.:1805(c)(4). | |
| 5108(b) | 49 App.:1805(c)(7), (8). | |
| 5108(c) | 49 App.:1805(c)(5), (6). | |
| 5108(d) | 49 App.:1805(c)(9). | |
| 5108(e) | 49 App.:1805(c)(2). | |
| 5108(f) | 49 App.:1805(c)(10). | |
| 5108(g)(1) | 49 App.:1805(c)(11). | |
| 5108(g)(2) | 49 App.:1815(h) (1)–(5). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(h)(1)– (5); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3267. |
| 5108(h) | 49 App.:1805(c)(12). | |
| 5108(i) | 49 App.:1805(c) (13)–(15). |
In subsection (b)(1), before clause (A), the words “at a minimum” are omitted as surplus.
In subsection (d), the words “streamline and”, “with respect to a person who is required to file a registration statement under this subsection”, and “with the Department of Transportation” are omitted as surplus.
In subsection (g), the word “impose” is substituted for “assess” for consistency in the revised title and with other titles of the United States Code.
In subsection (g)(2)(A), before clause (i), the words “Not later than September 30, 1992” are omitted as obsolete. In clause (viii), the words “of funds” are omitted as surplus.
In subsection (g)(2)(B), the words “of fees” and “from persons” are omitted as surplus.
In subsection (i)(1), the words “(relating to coordination of Federal information policy)” are omitted as surplus.
In subsection (i)(2)(A), the words “Notwithstanding any other provisions of this subsection” are omitted as surplus.
This amends 49:5108(f) to correct an erroneous cross-reference.
2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 109–59, §7109(a)(1), substituted “Division 1.1, 1.2, or 1.3 explosive material” for “class A or B explosive”.
Subsec. (a)(2). Pub. L. 109–59, §7126, substituted “Secretary may” for “Secretary of Transportation may” in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–59, §7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting in commerce hazardous material the Secretary designates.”
Subsec. (a)(3). Pub. L. 109–59, §7109(a)(3), substituted “design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or” for “manufacture, fabricate, mark, maintain, recondition, repair, or test a package or”.
Subsec. (b)(1). Pub. L. 109–59, §7126, substituted “Secretary requires” for “Secretary of Transportation requires” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, §7109(b), substituted “any of the activities” for “the activity”.
Subsec. (c). Pub. L. 109–59, §7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
“(1) Each person required to file a registration statement under subsection (a) of this section must file the first statement not later than March 31, 1992. The Secretary of Transportation may extend that date to September 30, 1992, for activities referred to in subsection (a)(1) of this section. A person shall renew the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less than once every 5 years.
“(2) The Secretary of Transportation shall decide by regulation when and under what circumstances a registration statement must be amended and the procedures to follow in amending the statement.”
Subsecs. (d) to (f). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (d), “Secretary in carrying” for “Secretary of Transportation in carrying” in subsec. (e), and “Secretary shall” for “Secretary of Transportation shall” in subsec. (f).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Pub. L. 109–59, §7109(f)(1), substituted “shall” for “may”.
Subsec. (g)(2)(A). Pub. L. 109–59, §7126, substituted “Secretary shall establish” for “Secretary of Transportation shall establish” in introductory provisions.
Pub. L. 109–59, §7109(f)(2), substituted “$3,000” for “$5,000” in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Subsec. (g)(2)(C). Pub. L. 109–59, §7126, substituted “Secretary shall” for “Secretary of Transportation shall”.
Pub. L. 109–59, §7114(d)(3), substituted “the Hazardous Materials Emergency Preparedness Fund established” for “the account the Secretary of the Treasury establishes”.
Subsec. (g)(3). Pub. L. 109–59, §7109(f)(3), added par. (3).
Subsec. (h). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (i)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (i)(2)(B). Pub. L. 109–59, §7109(e), inserted “an Indian tribe,” after “subdivision of a State,”.
1998—Subsec. (f). Pub. L. 105–225 substituted “section 552(b)” for “section 552(f)”.
1997—Subsec. (f). Pub. L. 105–102 which directed substitution of “section 552(b)” for “section 522(f)” could not be executed because “section 522(f)” did not appear.
1994—Subsec. (a)(1)(D). Pub. L. 103–311, §117(a)(3), substituted “a bulk packaging” for “a bulk package” and “the bulk packaging” for “the package”.
Subsec. (a)(4). Pub. L. 103–311, §104, added par. (4).
Subsec. (g)(2)(A)(viii). Pub. L. 103–311, §119(d)(1), struck out “5107(e),” before “5108(g)(2)”.
Pub. L. 109–59, title VII, §7109(d), Aug. 10, 2005, 119 Stat. 1898, provided that: “As soon as practicable, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall transmit to the Federal Motor Carrier Safety Administration hazardous material registrant information obtained before, on, or after the date of enactment of this Act [Aug. 10, 2005] under section 5108 of title 49, United States Code, together with any Department of Transportation identification number for each registrant.”
(a)
(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)
(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)
(d)
(2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
(e)
(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)
(g)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5109(a) | 49 App.:1805(d)(1), (2). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §106(d); added Nov. 16, 1990, Pub. L. 101–615, §8(a), 104 Stat. 3257; Oct. 24, 1992, Pub. L. 102–508, §503(a)(4), (5), (b), 106 Stat. 3311. |
| 5109(b) | 49 App.:1805(d)(5). | |
| 5109(c) | 49 App.:1805(d)(7). | |
| 5109(d) | 49 App.:1805(d)(4). | |
| 5109(e) | 49 App.:1805(d)(6). | |
| 5109(f) | 49 App.:1805(d)(3). | |
| 5109(g) | 49 App.:1805(d)(8). | |
| 5109(h) | 49 App.:1805 (note). | Nov. 16, 1990, Pub. L. 101–615, §8(b), 104 Stat. 3258. |
In subsection (a), before clause (1), the words “Except as provided in this subsection” and “used to provide such transportation” are omitted as surplus.
In subsection (b), before clause (1), the word “all” is omitted as surplus.
In subsection (e)(2), the word “conditions” is omitted as being included in “terms”.
In subsection (h), the text of section 8(b) (words before semicolon of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Public Law 101–615, 104 Stat. 3258) is omitted as obsolete.
2005—Subsec. (a). Pub. L. 109–59 substituted “Secretary issues” for “Secretary of Transportation issues” in introductory provisions.
(a)
(b)
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until—
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
(c)
(d)
(1)
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 768; Pub. L. 103–311, title I, §115, Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §§7110, 7126, Aug. 10, 2005, 119 Stat. 1898, 1909; Pub. L. 110–244, title III, §302(i), June 6, 2008, 122 Stat. 1618.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5110(a) | 49 App.:1804(g)(1) (1st sentence words before “for the carrier”). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §105(g); added Nov. 16, 1990, Pub. L. 101–615, §6, 104 Stat. 3253. |
| 5110(b) | 49 App.:1804(g)(2). | |
| 5110(c) | 49 App.:1804(g)(1) (1st sentence words after “paragraph (2)”, last sentence), (3). | |
| 5110(d) | 49 App.:1804(g)(4). |
In subsection (c)(1), the words “A motor carrier” are substituted for “the carrier” for clarity.
2008—Subsec. (d)(1). Pub. L. 110–244, §302(i)(2), substituted “offeror's” for “shipper's”.
Pub. L. 110–244, §302(i)(1), which directed substitution of “Offerors” for “Shippers” “in the subsection heading”, was executed by making the substitution in par. (1) heading to reflect the probable intent of Congress.
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary apply” for “Secretary of Transportation apply”.
Pub. L. 109–59, §7110(a)(1), substituted “in regulations” for “under subsection (b) of this section”.
Subsecs. (b), (c). Pub. L. 109–59, §7110(a)(2), (3), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to considerations and requirements in carrying out subsec. (a).
Subsec. (d). Pub. L. 109–59, §7110(b), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “After the hazardous material to which a shipping paper provided to a carrier under subsection (a) applies is no longer in transportation, the person who provided the shipping paper and the carrier required to maintain it under subsection (a) shall retain the paper or electronic image thereof for a period of 1 year to be accessible through their respective principal places of business. Such person and carrier shall, upon request, make the shipping paper available to a Federal, State, or local government agency at reasonable times and locations.”
Pub. L. 109–59, §7110(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 109–59, §7110(a)(3), redesignated subsec. (e) as (d).
1994—Subsec. (e). Pub. L. 103–311 added subsec. (e).
Pub. L. 101–615, §25, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a)
“(1)
“(2)
“(A) to determine methods of improving the current system of placarding vehicles transporting hazardous materials; and
“(B) to determine methods for establishing and operating a central reporting system and computerized telecommunications data center described in subsection (b)(1).
“(3)
“(4)
“(5)
“(b)
“(1)
“(2)
“(A) to consult with the Department of Transportation, the Department of Health and Human Services, the Environmental Protection Agency, the Federal Emergency Management Agency, and the Occupational Safety and Health Administration, shippers and carriers of hazardous materials, manufacturers of computerized telecommunications systems, State and local emergency preparedness organizations (including law enforcement and firefighting organizations), and appropriate international organizations in conducting such study; and
“(B) to submit, not later than 19 months after the date of the enactment of this Act, to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committees on Energy and Commerce and Public Works and Transportation of the House of Representatives a report on the results of such study.
Such report shall include recommendations of the National Academy of Sciences with respect to establishment and operation of a central reporting system and computerized telecommunications data center described in paragraph (1).
“(3)
“(c)
“(1) to determine whether such a system and center should be established and operated by the United States Government or by a private entity, either on its own initiative or under contract with the United States;
“(2) to determine, on an annualized basis, the estimated cost for establishing, operating, and maintaining such a system and center and for carrier and shipper compliance with such a system;
“(3) to determine methods for financing the cost of establishing, operating, and maintaining such a system and center;
“(4) to determine projected safety benefits of establishing and operating such a system and center;
“(5) to determine whether or not shippers, carriers, and handlers of hazardous materials, in addition to law enforcement officials and persons responsible for responding to emergencies involving hazardous materials, should have access to such system for obtaining information concerning shipments of hazardous materials and technical and other information and advice with respect to such emergencies;
“(6) to determine methods for ensuring the security of the information and data stored in such a system;
“(7) to determine types of hazardous materials and types of shipments for which information and data should be stored in such a system;
“(8) to determine the degree of liability of the operator of such a system and center for providing incorrect, false, or misleading information;
“(9) to determine deadlines by which shippers, carriers, and handlers of hazardous materials should be required to submit information to the operator of such a system and center and minimum standards relating to the form and contents of such information;
“(10) to determine measures (including the imposition of civil and criminal penalties) for ensuring compliance with the deadlines and standards referred to in paragraph (9); and
“(11) to determine methods for accessing such a system through mobile satellite service or other technologies having the capability to provide 2-way voice, data, or facsimile services.
“(d)
“(1)
“(2)
“(3)
Pub. L. 101–615, §26, Nov. 16, 1990, 104 Stat. 3273, provided that:
“(a)
“(b)
1 So in original. Comma probably should not appear.
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.
(a)
(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)
(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)
(d)
(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)
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 769; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5112(a)(1) | 49 App.:1804(b)(7). | Jan. 3, 1975, Pub. L. 93–633, §105(b)(1)–(3), (5)–(9), (c), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, §4, 104 Stat. 3248, 3251. |
| 5112(a)(2) | 49 App.:1804(b)(1). | |
| 5112(b)(1) | 49 App.:1804(b)(2), (3). | |
| 5112(b)(2) | 49 App.:1804(b)(9). | |
| 5112(c) | 49 App.:1804(c). | |
| 5112(d) | 49 App.:1804(b)(5). | |
| 5112(e) | 49 App.:1804(b)(6). | |
| 5112(f) | 49 App.:1804(b)(8). |
In subsection (a)(1), the words “in the area which is subject to the jurisdiction of such State or Indian tribe” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “Not later than 18 months after November 16, 1990” are omitted as obsolete. In clause (H)(i), the words “prescribed under this subsection” are added for clarity.
In subsection (d)(1), the words “within 18 months of November 16, 1990” are omitted as obsolete. The words “over a matter” are omitted as surplus.
In subsection (d)(3), the word “civil” is added for consistency in the revised title and with other titles of the United States Code.
In subsection (e), the words “superseding or otherwise”, “application of”, “relating to vehicle weight limitations”, and “relating to vehicle length and vehicle width limitations, respectively” are omitted as surplus.
In subsection (f), the word “modify” is omitted as surplus and for consistency in the revised title. The words “issued by the Department of Transportation before November 16, 1990, and” are omitted as obsolete.
2005—Subsec. (a)(1). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 103–311, title I, §121, Aug. 26, 1994, 108 Stat. 1681, directed Secretary of Transportation to submit to Congress, not later than 1 year after Aug. 26, 1994, report on results of study to determine safety considerations of transporting hazardous materials by motor carriers in close proximity to Federal prisons, particularly those housing maximum security prisoners, which was to include evaluation of ability of such facilities and designated local planning agencies to safely evacuate such prisoners in event of emergency and any special training, equipment, or personnel that would be required by such facility and designated local emergency planning agencies to carry out such evacuation.
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, §4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, §7112(a), Aug. 10, 2005, 119 Stat. 1899.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5113(a) | 49 App.:1814(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117; added Nov. 3, 1990, Pub. L. 101–500, §15(b)(1), 104 Stat. 1218. |
| 5113(b) | 49 App.:1814(b). | |
| 5113(c) | 49 App.:1814(c). | |
| 5113(d) | 49 App.:2501 (note). | Nov. 3, 1990, Pub. L. 101–500, §15(b)(2), 104 Stat. 1219. |
In subsections (a) and (c), the words “individuals” is substituted for “passengers, including the driver” for clarity and consistency.
In subsection (a), before clause (1), the words “Effective January 1, 1991” are omitted as obsolete. The words “to take such action as may be necessary ” are omitted as surplus.
In subsection (b), the words “from the Secretary” and “conditions and other” are omitted as surplus.
In subsection (d), the words “Not later than 1 year after the date of enactment of this Act” are omitted as obsolete.
2005—Pub. L. 109–59 amended text generally. Prior to amendment, text read as follows: “See section 31144.”
1998—Pub. L. 105–178 substituted “See section 31144.” for subsecs. (a) to (d) which related to unsatisfactory safety ratings.
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5114(a) | 49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, §108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, §10, 104 Stat. 3259. |
| 5114(b) | 49 App.:1807(a) (last sentence). | |
| 5114(c) | 49 App.:1807(b) (last sentence). |
In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus.
In subsection (b), the words “further” and “effective” are omitted as surplus.
2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.
(a)
(b)
(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 with Federal financial assistance, including programs developed with grants made under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); and
(2) may include recommendations on material appropriate for use in a recommended basic course described in clause (1)(B) of this subsection.
(c)
(1) regulations related to hazardous waste operations and emergency response contained in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection standards for hazardous waste operations contained in part 311 of title 40, Code of Federal Regulations, prescribed by the Administrator; and
(3) standards related to emergency response training prescribed by the National Fire Protection Association and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate.
(d)
(1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
(2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 772; Pub. L. 103–429, §6(5), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §§7113, 7126, Aug. 10, 2005, 119 Stat. 1899, 1909; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5115(a) | 49 App.:1815(g)(1), (5). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A (g)(1)–(6), (8); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3265, 3267. |
| 5115(b) | 49 App.:1815(g)(2), (3). | |
| 5115(c) | 49 App.:1815(g)(4). | |
| 5115(d)(1) | 49 App.:1815(g)(6). | |
| 5115(d)(2) | 49 App.:1815(g)(8). |
In subsection (c)(3), the words “including standards 471 and 472” are omitted as surplus.
In subsection (d)(1), the word “updates” is substituted for “amendments” for clarity.
This amends 49:5115(b)(1)(C) to make a cross-reference more precise.
2005—Subsec. (a). Pub. L. 109–59, §7113(a), inserted heading and first sentence and struck out former heading and first sentence. Text read as follows: “Not later than November 16, 1992, in coordination with the Director of the Federal Emergency Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, Secretaries of Labor, Energy, and Health and Human Services, and Director of the National Institute of Environmental Health Sciences, and using the existing coordinating mechanisms of the national response team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall develop and update periodically a curriculum consisting of a list of courses necessary to train public sector emergency response and preparedness teams.”
Subsec. (b). Pub. L. 109–59, §7113(b)(1), substituted “maintained and updated” for “developed” in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, §7113(b)(2), substituted “with Federal financial assistance, including programs” for “under other United States Government grant programs, including those”.
Subsec. (c)(3). Pub. L. 109–59, §7113(c), inserted “and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate” before period at end.
Subsec. (d). Pub. L. 109–59, §7113(d)(1), substituted “National Response Team” for “national response team” in introductory provisions.
Subsec. (d)(1). Pub. L. 109–59, §7113(d)(2), substituted “Secretary” for “Director of the Federal Emergency Management Agency”.
Subsec. (d)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7113(d)(3), inserted “and distribute” after “publish” and substituted “list of programs and courses maintained and updated under this section and of any programs utilizing such courses” for “list of programs that uses a course developed under this section for training public sector employees to respond to an accident or incident involving the transportation of hazardous material”.
1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted “126(g)” for “126”.
“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (a) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; and
(B) to decide on the need for a regional hazardous material emergency response team.
(2) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection in a fiscal year only if—
(A) the State or Indian tribe certifies that the total amount the State or Indian tribe 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 5 fiscal years; and
(B) 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 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.
(3) A State or Indian tribe receiving a grant under this subsection shall ensure that planning under the grant is coordinated with emergency planning conducted by adjacent States and Indian tribes.
(b)
(2) The Secretary 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 5 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 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 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)
(d)
(e)
(f)
(g)
(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)
(i)
(1) to make grants under this section;
(2) to monitor and provide technical assistance under subsection (f) of this section;
(3) to publish and distribute an emergency response guide; and
(4) to pay administrative costs of carrying out this section and sections 5108(g)(2) and 5115 of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.
(j)
(1) In order to further the purposes of subsection (b), the Secretary shall, subject to the availability of funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.
(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—
(A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and
(B) prioritize such needs and develop a means for identifying additional specific training needs.
(3) Funds granted to an organization under this subsection shall only be used—
(A) to train instructors to conduct hazardous materials response training programs;
(B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and
(C) to disseminate such information and materials as are necessary for the conduct of such training programs.
(4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to train instructors to conduct hazardous materials response training programs in such fiscal year that will use—
(A) a course or courses developed or identified under section 5115 of this title; or
(B) other courses which the Secretary determines are consistent with the objectives of this subsection;
for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall be open to all such individuals on a nondiscriminatory basis.
(5) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
(k)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 773; Pub. L. 103–311, title I, §§105, 119(a), (d)(2), (3), Aug. 26, 1994, 108 Stat. 1673, 1679, 1680; Pub. L. 103–429, §7(c), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104–287, §§5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389, 3398; Pub. L. 109–59, title VII, §§7114(a)–(d)(2), (e), 7126, Aug. 10, 2005, 119 Stat. 1900, 1909; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5116(a) | 49 App.:1815(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(a)–(f), (g)(7), (9), (h)(6); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3263, 3266, 3267, 3268. |
| 5116(b)(1) | 49 App.:1815(b)(1). | |
| 5116(b)(2) | 49 App.:1815(b) (2)–(4). | |
| 5116(b)(3) | 49 App.:1815(b)(5), (6). | |
| 5116(b)(4) | 49 App.:1815(b)(7). | |
| 5116(c) | 49 App.:1815(c). | |
| 5116(d) | 49 App.:1815(e). | |
| 5116(e) | 49 App.:1815(d). | |
| 5116(f) | 49 App.:1815(g)(7). | |
| 5116(g) | 49 App.:1815(f). | |
| 5116(h) | 49 App.:1815(g)(9). | |
| 5116(i) | 49 App.:1815(h)(6). |
In subsections (a)(2)(A) and (b)(2)(A), the words “at least equal” are substituted for “be maintained at a level which does not fall below” to eliminate unnecessary words.
In subsection (a)(2)(B), the words “by the State emergency response commission” are omitted as surplus.
In subsection (b)(2)(B)(i), the words “or courses” are omitted because of 1:1.
In subsection (c), the words “including compliance with such sections with respect to accidents and incidents involving the transportation of hazardous materials” are omitted as surplus.
In subsection (d), the word “section” is substituted for “subsection” for clarity because there are no objectives in the subsection being restated.
In subsection (e), the words “A grant under this section is for” are substituted for “By a grant under this section, the Secretary shall reimburse any State or Indian tribe an amount not to exceed” to eliminate unnecessary words and for consistency in the revised title. The words “which are required to be expended under subsections (a)(2) and (b)(2) of this section” are omitted as surplus. The words “under this subsection” are added for clarity.
In subsection (h), the words “including coordination of training programs” are omitted as surplus.
This amends 49:5116(j)(4)(A) to correct an erroneous cross-reference.
The Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), (2), is title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728, which is classified generally to chapter 116 (§11001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11001 of Title 42 and Tables.
2005—Subsec. (a)(1), (2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 109–59, §7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (b)(2). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–59, §7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(3)(C), (4). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of par. (3)(C) and “Secretary shall allocate” for “Secretary of Transportation shall allocate” in introductory provisions of par. (4).
Subsecs. (c), (d). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (c) and “Secretary.” for “Secretary of Transportation.” in subsec. (d).
Subsec. (f). Pub. L. 109–59, §7114(b), substituted “National Response Team” for “national response team”.
Subsec. (g). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, §7114(c), substituted “Federal financial assistance” for “Government grant programs” in introductory provisions.
Subsec. (i). Pub. L. 109–59, §7114(d)(1), (2), in introductory provisions, inserted “(to be known as the ‘Hazardous Materials Emergency Preparedness Fund’)” after “an account in the Treasury” and struck out “collects under section 5108(g)(2)(A) of this title and” before “transfers to the Secretary”, added par. (3), and redesignated former par. (3) as (4) and substituted “2 percent” for “10 percent”.
Subsec. (k). Pub. L. 109–59, §7114(e), substituted “The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public information on the allocation and uses of the planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” for “Not later than September 30, 1997, the Secretary shall submit to Congress a report on the allocation and uses of training grants authorized under subsection (b) for fiscal year 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 5107 for fiscal years 1995 and 1996” and “The report” for “Such report”.
1996—Subsec. (a)(2). Pub. L. 104–287, §6(b), made technical correction to directory language of Pub. L. 103–311, §105(b)(2). See 1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104–287, §5(8), substituted “section 5115 of this title” for “subsection (g)”.
1994—Subsec. (a)(1). Pub. L. 103–311, §105(a), in introductory provisions inserted “and Indian tribes” after “States”, and in subpar. (A) substituted “on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe” for “in a State and between States”.
Subsec. (a)(2). Pub. L. 103–311, §105(b)(2), as amended by Pub. L. 104–287, §6(b), struck out “the State” after “only if” in introductory provisions.
Pub. L. 103–311, §105(b)(1), inserted “or Indian tribe” after “grant to a State” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103–311, §105(b)(1), (3), inserted “the State or Indian tribe” before “certifies” and “or Indian tribe” before “expends”.
Subsec. (a)(2)(B). Pub. L. 103–311, §105(b)(4), inserted “the State” before “agrees”.
Subsec. (a)(3). Pub. L. 103–311, §105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103–311, §119(d)(2), as amended by Pub. L. 103–429, struck out “and section 5107(e) of this title” after “under this section”.
Subsec. (i)(3). Pub. L. 103–311, §119(d)(3), as amended by Pub. L. 103–429, substituted “5108(g)(2)” for “5107(e), 5108(g)(2),”.
Subsecs. (j), (k). Pub. L. 103–311, §119(a), added subsecs. (j) and (k).
“Administrator of the Federal Emergency Management Agency”, “Administrators, and Director”, and “Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences” substituted for “Director of the Federal Emergency Management Agency”, “Administrator, and Directors”, and “Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences”, respectively, in subsecs. (f) to (h), on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Section 6(b) of Pub. L. 104–287 provided that the amendment made by that section is effective Aug. 26, 1994.
Section 7(c) of Pub. L. 103–429 provided that the amendment made by that section is effective Aug. 26, 1994.
(a)
(A) at least equal to the safety level required under this chapter; or
(B) consistent with the public interest and this chapter, if a required safety level does not exist.
(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.
(b)
(c)
(d)
(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.
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 776; Pub. L. 103–311, title I, §120(a), Aug. 26, 1994, 108 Stat. 1680; Pub. L. 109–59, title VII, §§7115(a)(1), (b)–(g), 7126, Aug. 10, 2005, 119 Stat. 1901, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5117(a) | 49 App.:1806(a) (1st, 2d sentences). | Jan. 3, 1975, Pub. L. 93–633, §107, 88 Stat. 2158; Nov. 16, 1990, Pub. L. 101–615, §9, 104 Stat. 3259. |
| 5117(b) | 49 App.:1806(a) (3d–last sentences). | |
| 5117(c)(1) | 49 App.:1806(b). | |
| 5117(c)(2) | 49 App.:1806(c). | |
| 5117(d) | 49 App.:1806(d). |
In subsection (a)(1), before clause (A), the words “or renew” and “subject to the requirements of this chapter” are omitted as surplus. In clause (A), the words “at least equal to the safety level required under this chapter” are substituted for “which is equal to or exceeds that level of safety which would be required in the absence of such exemption” to eliminate unnecessary words.
In subsection (a)(2), the words “issued or renewed” are omitted as surplus.
In subsection (b), the words “upon application” and “grant of such” are omitted as surplus. The words “give the public an opportunity to inspect” are substituted for “afford access to . . . public” for clarity. The words “described by subsection (b) of section 552 of title 5, or which is otherwise” are omitted as surplus.
In subsection (c)(1), clauses (A) and (B) are substituted for “any vessel which is excepted from the application of section 201 of the Ports and Waterways Safety Act of 1972 by paragraph (2) of such section”. Section 201 of that Act amended section 4417a of the Revised Statutes (classified at 46:391a prior to its repeal and reenactment as part of the codification of subtitle II of title 46 in 1983). Clauses (A) and (B) restate the exceptions provided by section 201 of that Act and by section 4417a of the Revised Statutes as subsequently amended. Clause (C) is substituted for “any other vessel regulated under such Act, to the extent of such regulation” because of the restatement.
In subsection (c)(2), before clause (A), the word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.
In subsection (d), the words “by which”, “the requirements of”, and “or relieved of the obligation to meet any requirements imposed under” are omitted as surplus.
The Ports and Waterways Safety Act of 1972, referred to in subsec. (d)(1)(C), is Pub. L. 92–340, July 10, 1972, 86 Stat. 424, as amended, which is classified generally to chapter 25 (§1221 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1221 of Title 33 and Tables.
2005—Pub. L. 109–59, §7115(a)(1), substituted “Special permits and exclusions” for “Exemptions and exclusions” in section catchline.
Subsec. (a). Pub. L. 109–59, §7115(b), substituted “Issue Special Permits” for “Exempt” in heading.
Subsec. (a)(1). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, §7115(c), in introductory provisions, substituted “issue, modify, or terminate a special permit authorizing a variance” for “issue an exemption” and “performing a function regulated by the Secretary under section 5103(b)(1)” for “transporting, or causing to be transported, hazardous material”.
Subsec. (a)(2). Pub. L. 109–59, §7115(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary.”
Subsec. (b). Pub. L. 109–59, §7115(e), substituted “the special permit” for “the exemption” and substituted “a special permit” for “an exemption” wherever appearing.
Subsec. (c). Pub. L. 109–59, §7115(f), substituted “the special permit” for “the exemption” in two places.
Subsec. (e). Pub. L. 109–59, §7115(g), substituted “a special permit” for “an exemption” and “be granted a variance” for “be exempt”.
1994—Subsecs. (c) to (e). Pub. L. 103–311 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, §2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 777; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 109–59, title VII, §7116, Aug. 10, 2005, 119 Stat. 1901.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5119(a) | 49 App.:1819(a). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §121(a)–(g); added Nov. 16, 1990, Pub. L. 101–615, §22, 104 Stat. 3271; Oct. 24, 1992, Pub. L. 102–508, §507, 106 Stat. 3312. |
| 5119(b) | 49 App.:1819(b), (c). | |
| 5119(c)(1) | 49 App.:1819(d). | |
| 5119(c)(2) | 49 App.:1819(e). | |
| 5119(c)(3) | 49 App.:1819(f). | |
| 5119(d) | 49 App.:1819(g). |
In subsection (a), before clause (1), the words “As soon as practicable after November 16, 1990” are omitted as obsolete.
In subsection (c)(1), the words “Subject to the provisions of this subsection” and “to the Secretary” are omitted as surplus.
The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to establishment of working group, consultation and reporting, regulations, and relationship to other laws.
1996—Subsec. (b)(2), Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
(a)
(b)
(c)
(1) does not require the Secretary to prescribe a standard or requirement identical to a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing a safety standard or requirement more stringent than a standard or requirement adopted by an international authority if the Secretary decides the standard or requirement is necessary in the public interest.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 778; Pub. L. 109–59, title VII, §§7117, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5120(a) | 49 App.:1804(d)(1). | Jan. 3, 1975, Pub. L. 93–633, §105(d), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615 §4, 104 Stat. 3252. |
| 5120(b) | 49 App.:1804(d)(2) (1st sentence). | |
| 5120(c) | 49 App.:1804(d)(2) (last sentence). |
2005—Subsec. (b). Pub. L. 109–59, §7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, §7117(a), inserted “and requirements” after “standards”.
Subsec. (c)(1). Pub. L. 109–59, §7126, substituted “Secretary to prescribe” for “Secretary of Transportation to prescribe”.
Pub. L. 109–59, §7117(b)(1), inserted “or requirement” after “standard” wherever appearing.
Subsec. (c)(2). Pub. L. 109–59, §7117(b)(2), struck out “included in a standard” before “adopted” and inserted “standard or” before “requirement” wherever appearing.
(a)
(b)
(1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and
(2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.
(c)
(1)
(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103(b)(1);
(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;
(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which—
(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and
(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);
(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;
(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and
(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection.
(2)
(3)
(A) in the safe and prompt resumption of transportation of the package concerned; or
(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.
(d)
(1)
(2)
(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;
(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and
(C) describes the standards and procedures for obtaining relief from the order.
(3)
(4)
(5)
(e)
(1)
(2)
(f)
(A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material and material alleged to be hazardous;
(B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and
(C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.
(g)
(1) to expand risk assessment and emergency response capabilities with respect to the security of transportation of hazardous material;
(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or
(4) to otherwise carry out this chapter.
(h)
(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations, criteria, orders, and special permits;
(3) a summary of the basis for each special permit;
(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this chapter in order of priority; and
(6) recommendations for appropriate legislation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 779; Pub. L. 103–311, title I, §§108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674, 1678; Pub. L. 109–59, title VII, §§7118, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909; Pub. L. 110–244, title III, §302(e), June 6, 2008, 122 Stat. 1618.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5121(a) | 49 App.:1808(a) (1st sentence, last sentence words before semicolon). | Jan. 3, 1975, Pub. L. 93–633, §109(a) (1st sentence, last sentence words before semicolon), (b), (c), 88 Stat. 2159. |
| 5121(b) | 49 App.:1808(b). | |
| 5121(c) | 49 App.:1808(c). | |
| 5121(d) | 49 App.:1808(d). | Jan. 3, 1975, Pub. L. 93–633, §109(d), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, §1(a), 98 Stat. 2907; Nov. 16, 1990, Pub. L. 101–615, §11, 104 Stat. 3259. |
| 5121(e) | 49 App.:1808(e). | Jan. 3, 1975, Pub. L. 93–633, §109(e), 88 Stat. 2159; Oct. 30, 1984, Pub. L. 98–559, §1(b), 98 Stat. 2907. |
In subsection (a), the words “to the extent necessary . . . his responsibilities under” and “relevant” are omitted as surplus. The word “documents” is omitted as being included in “records”. The words “directly or indirectly” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), before clause (1), the words “requirements under” are omitted as surplus. In clause (1), the words “establish and” are omitted as surplus. The word “requires” is substituted for “prescribe” for clarity and consistency.
In subsection (c)(1), before clause (A), the words “enter upon . . . and examine” and “of persons to the extent such records and properties” are omitted as surplus. In clause (B), the words “or shipment by any person” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “establish and” are omitted as executed. In clause (B), the words “capable of” are substituted for “so as to be able to” to eliminate unnecessary words. The words “technical and other” and “of communities” are omitted as surplus. The words “and employees” are added for consistency in the revised title and with other titles of the Code. In clause (C), the words “in order” and “to be able to” are omitted as surplus.
In subsection (e), before clause (1), the words “prepare and” and “comprehensive” are omitted as surplus. In clause (1), the word “thorough” is omitted as surplus. In clause (2), the words “in effect” are omitted as surplus. In clause (3), the words “granted or maintained” are omitted as surplus. In clause (6), the words “additional . . . as are deemed necessary or” are omitted as surplus.
The date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, referred to in subsec. (e), is the date of enactment of title VII of Pub. L. 109–59, which was approved Aug. 10, 2005.
2008—Subsec. (h)(2). Pub. L. 110–244, §302(e)(1), substituted “special permits” for “exemptions”.
Subsec. (h)(3). Pub. L. 110–244, §302(e)(2), substituted “special permit” for “exemption”.
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary may investigate” for “Secretary of Transportation may investigate”.
Pub. L. 109–59, §7118(a), inserted “conduct tests,” after “investigate,” and substituted “Except as provided in subsections (c) and (d), after” for “After” and “regulation prescribed, or an order, special permit, or approval issued,” for “regulation prescribed”.
Subsec. (b)(1). Pub. L. 109–59, §7118(b)(1), inserted “and property” after “records”.
Subsec. (b)(2). Pub. L. 109–59, §7118(b)(2), inserted “property,” after “records,” and “for inspection” after “available” and substituted “undertakes an investigation or makes a request” for “requests”.
Subsec. (c). Pub. L. 109–59, §7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
“(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to—
“(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material in commerce; or
“(B) the transportation of hazardous material in commerce.
“(2) An officer, employee, or agent under this subsection shall display proper credentials when requested.”
Subsecs. (d), (e). Pub. L. 109–59, §7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively.
Subsec. (f). Pub. L. 109–59, §7118(d)(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 109–59, §7118(e), added subsec. (g).
Subsec. (h). Pub. L. 109–59, §7118(f)(1), substituted “transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate” for “submit to the President for transmittal to the Congress” in introductory provisions.
Pub. L. 109–59, §7118(d)(1), redesignated subsec. (e) as (h).
Subsec. (h)(4). Pub. L. 109–59, §7118(f)(2), inserted “relating to a function regulated by the Secretary under section 5103(b)(1)” after “activities”.
1994—Subsec. (c)(1)(A). Pub. L. 103–311, §117(a)(2), substituted “a packaging or a” for “a package or”.
Subsec. (e). Pub. L. 103–311, §108, substituted “Report” for “Annual Report” in heading and substituted first sentence for former first sentence which read as follows: “The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year.”
Section 116 of Pub. L. 103–311 provided that: “The Secretary of Transportation shall designate a toll free telephone number for transporters of hazardous materials and other individuals to report to the Secretary possible violations of chapter 51 of title 49, United States Code, or any order or regulation issued under that chapter.”
(a)
(b)
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(c)
(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780; Pub. L. 104–324, title III, §312(a), Oct. 19, 1996, 110 Stat. 3920; Pub. L. 109–59, title VII, §§7119, 7126, Aug. 10, 2005, 119 Stat. 1905, 1909; Pub. L. 109–304, §17(h)(1), Oct. 6, 2006, 120 Stat. 1709.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5122(a) | 49 App.:1808(a) (last sentence words after semicolon). | Jan. 3, 1975, Pub. L. 93–633, §§109(a) (last sentence words after semicolon), 111(a), 88 Stat. 2159, 2161. |
| 49 App.:1810(a). | ||
| 5122(b) | 49 App.:1810(b). | Jan. 3, 1975, Pub. L. 93–633, §111(b), 88 Stat. 2161; Nov. 16, 1990, Pub. L. 101–615, §3(b), 104 Stat. 3247. |
In this section, the words “bring a civil action” are substituted for “bring an action in” in 49 App.:1810 and “petition . . . for an order . . . for such other order” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the text of 49 App.:1808(a) (last sentence words after semicolon) and the words “for equitable relief” in 49 App.:1810(a) are omitted as surplus. The words “enforce this chapter” are substituted for “redress a violation by any person of a provision of this chapter” to eliminate unnecessary words. The words “regulation prescribed or order issued” are substituted for “order or regulation issued” for consistency in the revised title and with other titles of the Code. The words “The court may award appropriate relief, including” are substituted for “Such district courts shall have jurisdiction to determine such actions and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and” to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words “as is necessary” are omitted as surplus.
2006—Subsec. (c)(1). Pub. L. 109–304 substituted “Secretary of Homeland Security” and “section 60105 of title 46” for “Secretary of the Treasury” and “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)”, respectively.
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, §7119(a), substituted “this chapter or a regulation prescribed or order, special permit, or approval” for “this chapter or a regulation prescribed or order” and “The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123” for “The court may award appropriate relief, including punitive damages”.
Subsec. (b)(1)(B). Pub. L. 109–59, §7119(b), substituted “or mitigate the hazard” for “or ameliorate the hazard”.
1996—Subsec. (c). Pub. L. 104–324 added subsec. (c).
(a)
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000.
(3) If the violation is related to training, paragraph (1) shall be applied by substituting “$450” for “$250”.
(4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
(b)
(c)
(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)
(e)
(f)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780; Pub. L. 109–59, title VII, §§7120(a)–(c), 7126, Aug. 10, 2005, 119 Stat. 1905, 1906, 1909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5123(a)(1) | 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence). | Jan. 3, 1975, Pub. L. 93–633, §110(a)(1), 88 Stat. 2160; Nov. 16, 1990, Pub. L. 101–615, §12(a)(1), 104 Stat. 3259. |
| 49 App.:1809(a)(3). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §110(a)(3); added Nov. 16, 1990, Pub. L. 101–615, §12(a)(2), 104 Stat. 3259. | |
| 5123(a)(2) | 49 App.:1809(a)(1) (2d sentence words after 4th comma). | |
| 5123(b) | 49 App.:1809(a)(1) (1st sentence 3d–16th words, 4th sentence). | |
| 5123(c) | 49 App.:1809(a)(1) (last sentence). | |
| 5123(d), (e) | 49 App.:1809(a)(2) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, §110(a)(2), 88 Stat. 2160. |
| 5123(f) | 49 App.:1809(a)(2) (2d sentence). | |
| 5123(g) | 49 App.:1809(a)(2) (last sentence). |
In subsection (a)(1), before clause (1), the words “A person that knowingly violates this chapter or a regulation prescribed or order issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $25,000 for each violation” are substituted for 49 App.:1809(a)(1) (1st sentence less 3d–16th words, 2d sentence words before 4th comma, 3d sentence) to eliminate unnecessary words.
In subsection (b), the word “impose” is substituted for “assessed” for consistency.
In subsection (c)(2), the words “the violator” are substituted for “the person found to have committed such violation” to eliminate unnecessary words.
In subsection (f), the words “imposed or compromised” are substituted for “of such penalty, when finally determined (or agreed upon in compromise)” to eliminate unnecessary words and for consistency. The words “liable for the penalty” are substituted for “charged” for clarity.
2005—Subsec. (a)(1). Pub. L. 109–59, §7120(a)(1), in introductory provisions substituted “regulation, order, special permit, or approval issued” for “regulation prescribed or order issued” and “$50,000” for “$25,000”.
Subsec. (a)(2) to (4). Pub. L. 109–59, §7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (b). Pub. L. 109–59, §7126, substituted “Secretary may” for “Secretary of Transportation may”.
Pub. L. 109–59, §7120(b), substituted “regulation prescribed or order, special permit, or approval issued” for “regulation prescribed”.
Subsec. (d). Pub. L. 109–59, §7120(c), substituted “section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.” for “section.”
Pub. L. 109–59, title VII, §7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that:
“(1)
“(2)
(a)
(b)
(1) a person acts knowingly when—
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
(c)
(1) the person has knowledge of the facts giving rise to the violation; and
(2) the person has knowledge that the conduct was unlawful.
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 781; Pub. L. 109–59, title VII, §7121, Aug. 10, 2005, 119 Stat. 1906.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5124 | 49 App.:1809(b). | Jan. 3, 1975, Pub. L. 93–633, §110(b), 88 Stat. 2161; restated Nov. 16, 1990, Pub. L. 101–615, §12(b), 104 Stat. 3259. |
2005—Pub. L. 109–59 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “A person knowingly violating section 5104(b) of this title or willfully violating this chapter or a regulation prescribed or order issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both.”
(a)
(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
(b)
(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 designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of section 5103(b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
(c)
(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)
(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)
(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)
(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretary's request, report to the Secretary on—
(A) the basis on which the fee is levied upon persons involved in such transportation;
(B) the purposes for which the revenues from the fee are used;
(C) the annual total amount of the revenues collected from the fee; and
(D) such other matters as the Secretary requests.
(g)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 781; Pub. L. 103–311, title I, §§107, 117(a)(2), 120(b), Aug. 26, 1994, 108 Stat. 1674, 1678, 1681; Pub. L. 103–429, §6(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, §1711(b), Nov. 25, 2002, 116 Stat. 2320; Pub. L. 109–59, title VII, §§7122, 7123(a), 7126, Aug. 10, 2005, 119 Stat. 1907, 1909; Pub. L. 110–244, title III, §302(c), June 6, 2008, 122 Stat. 1618.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5125(a) | 49 App.:1811(a). | Jan. 3, 1975, Pub. L. 93–633, §112(a)–(e), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, §216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, §13, 104 Stat. 3259. |
| 5125(b) | 49 App.:1804(a)(4), (5). | Jan. 3, 1975, Pub. L. 93–633, §105(a)(4), (5), (b)(4), 88 Stat. 2157; restated Nov. 16, 1990, Pub. L. 101–615, §4, 104 Stat. 3247, 3250. |
| 5125(c) | 49 App.:1804(b)(4). | |
| 5125(d) | 49 App.:1811(c). | |
| 5125(e) | 49 App.:1811(d). | |
| 5125(f) | 49 App.:1811(e). | |
| 5125(g) | 49 App.:1811(b). |
In subsections (a) and (b)(1), the words “and unless authorized by Federal law” are omitted as surplus.
In subsection (a), before clause (1), the reference to subsections (b) and (c) is substituted for 49 App.:1811(a)(3) for clarity.
In subsection (b)(1), before clause (A), the words “ruling, provision” are omitted as surplus.
In subsection (b)(3), the word “imposes” is substituted for “assesses” for consistency.
In subsection (c)(1), the words “the procedural requirements of” and “the substantive requirements of” are omitted as surplus.
In subsection (c)(2)(A), the words “procedural requirements of the Federal standards established pursuant to” are omitted as surplus.
In subsection (f), the words “may bring a civil action for judicial review” are substituted for “may seek judicial review . . . only by filing a petition” for consistency in the revised title.
This amends 49:5125(a) and (b)(1) to clarify the restatement of 49 App.:1804(a)(4) and 1811(a) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 781).
2008—Subsec. (d)(1). Pub. L. 110–244, §302(c)(1), substituted “5119(f)” for “5119(e)”.
Subsec. (e). Pub. L. 110–244, §302(c)(2), substituted “5119(f)” for “5119(b)” in introductory provisions.
Subsec. (g). Pub. L. 110–244, §302(c)(2), (3), substituted “(a), (b)(1), or (c)” for “(b), (c)(1), or (d)” and “5119(f)” for “5119(b)”.
2005—Subsec. (b)(1)(E). Pub. L. 109–59, §7122(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: “the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material.”
Subsec. (b)(2). Pub. L. 109–59, §7126, substituted “If the Secretary” for “If the Secretary of Transportation”.
Pub. L. 109–59, §7122(a)(2), substituted “subjects that the Secretary prescribes. The” for “subjects that the Secretary prescribes after November 16, 1990. However, the”.
Subsec. (d)(1). Pub. L. 109–59, §7122(b), inserted “or section 5119(e)” before period at end of first sentence.
Subsec. (e). Pub. L. 109–59, §7122(c), inserted “or section 5119(b)” before period at end of first sentence.
Subsec. (f). Pub. L. 109–59, §7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows: “A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final.”
Subsec. (g). Pub. L. 109–59, §7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 109–59, §7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively.
Pub. L. 109–59, §7122(d), added subsecs. (h) and (i).
2002—Subsecs. (a), (b)(1). Pub. L. 107–296 substituted “chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security” for “chapter or a regulation prescribed under this chapter” wherever appearing.
1994—Subsecs. (a), (b)(1). Pub. L. 103–429 inserted “and unless authorized by another law of the United States” after “section” in introductory provisions.
Subsec. (b)(1)(E). Pub. L. 103–311, §117(a)(2), substituted “a packaging or a” for “a package or”.
Subsec. (d). Pub. L. 103–311, §120(b), inserted after second sentence “The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary's decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made.”
Subsec. (g). Pub. L. 103–311, §107, designated existing provisions as par. (1) and added par. (2).
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(b)
(1) a pipeline subject to regulation under chapter 601 of this title; or
(2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, §117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, §7124, Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title III, §302(d), June 6, 2008, 122 Stat. 1618.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5126(a) | 49 App.:1818. | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §120; added Nov. 16, 1990, Pub. L. 101–615, §20, 104 Stat. 3270. |
| 5126(b) | 49 App.:1811(f). | Jan. 3, 1975, Pub. L. 93–633, §112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, §216(a), 93 Stat. 1015; restated Nov. 16, 1990, Pub. L. 101–615, §13, 104 Stat. 3260. |
In subsection (a), the word “manufactures” is substituted for “manufacturers” to correct an error in the source provisions. The words “of the executive, legislative, or judicial branch”, “be subject to and”, “substantive and procedural”, and “this chapter or any other” are omitted as surplus.
2008—Subsec. (a). Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below.
2005—Subsec. (a). Pub. L. 109–59, §7124(4), substituted “designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing” for “manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing”.
Pub. L. 109–59, §7124(3), as amended by Pub. L. 110–244, substituted “shall comply with this chapter” for “must comply with this chapter”.
Pub. L. 109–59, §7124(1), (2), substituted “transports hazardous material, or causes hazardous material to be transported,” for “transports or causes to be transported hazardous material,” and “designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented” for “manufactures, fabricates, marks, maintains, reconditions, repairs, or tests a packaging or a container that the person represents, marks, certifies, or sells”.
1994—Subsec. (a). Pub. L. 103–311 substituted “a packaging or a” for “a package or”.
Amendment by Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.
(a)
(b)
(c)
(d)
(Added Pub. L. 109–59, title VII, §7123(b), Aug. 10, 2005, 119 Stat. 1907.)
A prior section 5127 was renumbered section 5128 of this title.
(a)
(1) For fiscal year 2005, $24,940,000.
(2) For fiscal year 2006, $29,000,000.
(3) For fiscal year 2007, $30,000,000.
(4) For fiscal year 2008, $30,000,000.
(b)
(1) To carry out section 5115, $200,000.
(2) To carry out sections 5116(a) and (b), $21,800,000 to be allocated as follows:
(A) $5,000,000 to carry out section 5116(a).
(B) $7,800,000 to carry out section 5116(b).
(C) Of the amount provided for by this paragraph for a fiscal year in excess of the suballocations in subparagraphs (A) and (B)—
(i) 35 percent shall be used to carry out section 5116(a); and
(ii) 65 percent shall be used to carry out section 5116(b),
except that the Secretary may increase the proportion to carry out section 5116(b) and decrease the proportion to carry out section 5116(a) if the Secretary determines that such reallocation is appropriate to carry out the intended uses of these funds as described in the applications submitted by States and Indian tribes.
(3) To carry out section 5116(f), $150,000.
(4) To publish and distribute the Emergency Response Guidebook under section 5116(i)(3), $625,000.
(5) To carry out section 5116(j), $1,000,000.
(c)
(d)
(e)
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 783, §5127; Pub. L. 103–311, title I, §§103, 119(b), (c)(4), Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered §5128 and amended Pub. L. 109–59, title VII, §§7123(b), 7125, Aug. 10, 2005, 119 Stat. 1907, 1908; Pub. L. 110–244, title III, §302(f), June 6, 2008, 122 Stat. 1618.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5127(a) | 49 App.:1812(a). | Jan. 3, 1975, Pub. L. 93–633, §115, 88 Stat. 2164; July 19, 1975, Pub. L. 94–56, §4, 89 Stat. 264; Oct. 11, 1976, Pub. L. 94–474, §3, 90 Stat. 2068; Sept. 30, 1978, Pub. L. 95–403, 92 Stat. 863; Oct. 30, 1984, Pub. L. 98–559, §2, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, §14, 104 Stat. 3260; Oct. 24, 1992, Pub. L. 102–508, §504, 106 Stat. 3311. |
| 5127(b) | 49 App.:1816(d). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §118(d); added Nov. 16, 1990, Pub. L. 101–615, §18, 104 Stat. 3269; Oct. 24, 1992, Pub. L. 102–508, §506, 106 Stat. 3312. |
| 5127(c) | 49 App.:1815(i)(3). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §117A(i); added Nov. 16, 1990, Pub. L. 101–615, §17, 104 Stat. 3268. |
| 5127(d) | 49 App.:1815(i)(1), (2), (4). | |
| 5127(e) | 49 App.:1819(h) (1st sentence). | Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, §121(h); added Nov. 16, 1990, Pub. L. 101–615, §22, 104 Stat. 3272. |
| 5127(f) | 49 App.:1812(b). | |
| 5127(g) | 49 App.:1815(i)(5). | |
| 49 App.:1819(h) (last sentence). |
In the section, references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsections (b), (c)(1), and (d), the words “amounts in” are omitted as surplus.
In subsection (c), the text of 49 App.:1815(i)(3)(A) is omitted as obsolete.
In subsection (c)(2), the words “relating to dissemination of the curriculum” are omitted as surplus.
2008—Pub. L. 110–244 substituted “Authorization” for “Authorizations” in section catchline.
2005—Pub. L. 109–59, §7125, substituted “Authorizations” for “Authorization” in section catchline and amended text generally, substituting provisions relating to authorization of appropriations for fiscal years 2005 to 2008, consisting of subsecs. (a) to (f), for provisions relating to authorization of appropriations for fiscal years 1993 to 1998, consisting of subsecs. (a) to (g).
Pub. L. 109–59, §7123(b), renumbered section 5127 of this title as this section.
1994—Subsec. (a). Pub. L. 103–311, §103, substituted “fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for fiscal year 1997” for “the fiscal year ending September 30, 1993,”.
Subsec. (b). Pub. L. 103–311, §119(c)(4), amended subsec. (b)(1) generally. Prior to amendment, subsec. (b)(1) read as follows:
“(b)
Pub. L. 103–311, §119(b), designated existing provisions as par. (1) and added par. (2).
2005—Pub. L. 109–59, title III, §§3002(b)(1), 3005(c), 3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2), 3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b), 3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119 Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600, 1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted “PUBLIC” for “MASS” in chapter heading, substituted “transportation planning” for “planning” in item 5303, “Statewide transportation planning” for “Transportation improvement program” in item 5304, “Planning programs” for “Transportation management areas” in item 5305, “grant program” for “formula grant program” in item 5308, “grants” for “grants and loans” in item 5309, “Formula grants” for “Formula grants and loans” in item 5310, “grants” for “grant” in item 5311, “deployment” for “training” in item 5312, “Transit cooperative research program” for “State planning and research programs” in item 5313, “research programs” for “planning and research programs” in item 5314, “Alternative transportation in parks and public lands” for “Suspended light rail system technology pilot project” in item 5320, “Special provisions for capital projects” for “Limitations on discretionary and special needs grants and loans” in item 5324, “Investigations of safety hazards and security risks” for “Investigation of safety hazards” in item 5329, “State safety oversight” for “Withholding amounts for noncompliance with safety requirements” in item 5330, “National transit database” for “Reports and audits” in item 5335, and “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in item 5337, added items 5316, 5317, and 5340, and struck out item 5326 “Special procurements”.
Pub. L. 109–59, title III, §3037(b), Aug. 10, 2005, 119 Stat. 1636, which directed amendment of the analysis for chapter 53 by striking the item relating to section 5339 and inserting a new item 5339, was executed by adding the new item 5339 after item 5338 to reflect the probable itent of Congress, because no item for section 5339 had been enacted.
1998—Pub. L. 105–178, title III, §§3007(a)(2), 3008(b), 3009(b), 3014(b), 3017(b), 3025(b)(2), title V, §5110(c), June 9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted “Urbanized area formula grants” for “Block grants” in item 5307, “Clean fuels formula grant program” for “Mass Transit Account block grants” in item 5308, “Capital investment” for “Discretionary” in item 5309, “Formula grant” for “Financial assistance” in item 5311, and “transit” for “mass transportation” in item 5315, struck out items 5316 “University research institutes” and 5317 “Transportation centers”, and inserted “provisions” after “Administrative” in item 5334.
Pub. L. 105–178, title III, §3013(b), June 9, 1998, 112 Stat. 359, which directed insertion of “formula” before “grants” in item 5310, was executed by substituting “Formula grants” for “Grants” to reflect the probable intent of Congress.
Pub. L. 105–178, title III, §3027(d), as added by Pub. L. 105–206, title IX, §9009(o)(2), July 22, 1998, 112 Stat. 858, substituted “formula grants” for “block grants” in item 5336.
(a)
(1) maximize the safe, secure, and efficient mobility of individuals;
(2) minimize environmental impacts; and
(3) minimize transportation-related fuel consumption and reliance on foreign oil.
(b)
(1) more than two-thirds of the population of the United States is located in rapidly expanding urbanized 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 public 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 public 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 public transportation operations;
(7) significant public 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 public 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 public transportation systems to continue providing vital transportation service.
(c)
(d)
(e)
(f)
(1) to assist in developing improved public transportation equipment, facilities, techniques, and methods with the cooperation of both public transportation companies and private companies engaged in public transportation;
(2) to encourage the planning and establishment of areawide public transportation systems needed for economical and desirable urban development with the cooperation of both public transportation companies and private companies engaged in public transportation;
(3) to assist States and local governments and their authorities in financing areawide public transportation systems that are to be operated by public transportation companies or private companies engaged in public transportation 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 public transportation requirements.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 785; Pub. L. 109–59, title III, §§3002(b)(4), 3003, Aug. 10, 2005, 119 Stat. 1545.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5301(a) | 49 App.:1607(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2098. |
| 5301(b) | 49 App.:1601(a). | July 9, 1964, Pub. L. 88–365, §2, 78 Stat. 302; Dec. 18, 1991, Pub. L. 102–240, §3005, 105 Stat. 2088. |
| 49 App.:1601b. | Nov. 26, 1974, Pub. L. 93–503, §2, 88 Stat. 1566. | |
| 5301(c) | 49 App.:1601a (1st sentence). | Oct. 15, 1970, Pub. L. 91–453, §1, 84 Stat. 962. |
| 5301(d) | 49 App.:1612(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(a); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967; Dec. 18, 1991, Pub. L. 102–240, §3021(1), 105 Stat. 2110. |
| 5301(e) | 49 App.:1610(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, §14(a) (1st sentence), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; restated Oct. 15, 1970, Pub. L. 91–453, §6, 84 Stat. 966. |
| 5301(f) | 49 App.:1601(b). | |
| 49 App.:1601a (last sentence). |
In subsection (b)(1), the words “the predominant part” in 49 App.:1601(a)(1) and “lives in urban areas” in 49 App.:1601b(1) are omitted because of the restatement. The words “metropolitan and other” in 49 App.:1601(a)(1) are omitted as surplus.
In subsection (b)(2), the words “housing, urban renewal, highway, and other”, “being”, “the . . . provision of”, and “transportation and other” in 49 App.:1601(a)(2) are omitted as surplus.
In subsection (b)(4), the words “the early 1970's” are substituted for “recent years” in 49 App.:1601b(4), and the words “minimal mass transportation service” are substituted for “this essential public service”, for clarity.
In subsection (b)(5), the word “particularly” in 49 App.:1601b(5) is omitted as surplus.
In subsection (b)(6), the words “were . . . in the early 1970's” are substituted for “now” in 49 App.:1601b(6) for clarity. The words “engaged in”, “actually”, and “comprehensive” in 49 App.:1601b(6) are omitted as surplus.
In subsection (b)(9), the word “many” in 49 App.:1601(b)(7) is omitted as surplus.
In subsection (c), the text of 49 App.:1601a (1st sentence words after semicolon) is omitted as executed.
In subsections (d) and (e), the words “hereby declared to be” are omitted as surplus.
In subsection (d), the words “to ensure that mass transportation can be used by elderly individuals and individuals with disabilities” are substituted for “in the planning and design of mass transportation facilities and services so that the availability to elderly persons and persons with disabilities of mass transportation which they can effectively utilize will be assured” to eliminate unnecessary words. The words “the field of” and “(including the programs under this chapter) . . . contain provisions” are omitted as surplus.
In subsection (e), the words “carrying out” are substituted for “construction of”, and the word “capital” is added, for consistency in the revised chapter. The reference to section 5310 of the revised title is added for clarity because a loan or grant made under section 5310 is deemed to have been made under section 5309.
In subsection (f)(5), the words “local” and “to exercise the initiative necessary” are omitted as surplus.
2005—Subsec. (a). Pub. L. 109–59, §3003(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “It is in the interest of the United States to encourage and promote the development of transportation systems that embrace various modes of transportation and efficiently maximize mobility of individuals and goods in and through urbanized areas and minimize transportation-related fuel consumption and air pollution.”
Subsec. (b)(1). Pub. L. 109–59, §3003(b), substituted “two-thirds” for “70 percent” and “urbanized areas” for “urban areas”.
Subsecs. (b)(4), (6) to (9), (d). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (e). Pub. L. 109–59, §3003(c), substituted “a” for “an urban” and struck out “under sections 5309 and 5310 of this title” before period at end.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(1). Pub. L. 109–59, §3003(d)(1), substituted “public transportation equipment” for “mass transportation equipment” and “both public transportation companies and private companies engaged in public transportation” for “public and private mass transportation companies”.
Subsec. (f)(2). Pub. L. 109–59, §3003(d)(2), substituted “public transportation systems” for “urban mass transportation systems” and “both public transportation companies and private companies engaged in public transportation” for “public and private mass transportation companies”.
Subsec. (f)(3). Pub. L. 109–59, §3003(d)(3), substituted “public transportation systems” for “urban mass transportation systems” and “public transportation companies or private companies engaged in public transportation” for “public or private mass transportation companies”.
Subsec. (f)(5). Pub. L. 109–59, §3003(d)(4), substituted “public” for “urban mass”.
Pub. L. 105–178, title III, §3032, June 9, 1998, 112 Stat. 385, as amended by Pub. L. 105–206, title IX, §9009(v), July 22, 1998, 112 Stat. 861, provided that:
“(a)
“(b)
“(1) the Transportation Research Board, in conducting the study, consider the number of grant recipients that have contracted out services, the size of the population served by such grant recipients, the basis for decisions regarding contracting out, and the extent to which contracting out was affected by the integration and coordination of resources of transit agencies and other Federal agencies and programs; and
“(2) the panel conducting the study shall include representatives of transit agencies, employees of transit agencies, private contractors, academic and policy analysts, and other interested persons.
“(c)
“(d)
“(e)
Pub. L. 102–240, title VIII, §8004, Dec. 18, 1991, 105 Stat. 2206, provided that:
“(a)
“(1) current Federal policy places commuter transit benefits at a disadvantage compared to drive-to-work benefits;
“(2) this Federal policy is inconsistent with important national policy objectives, including the need to conserve energy, reduce reliance on energy imports, lessen congestion, and clean our Nation's air;
“(3) commuter transit benefits should be part of a comprehensive solution to national transportation and air pollution problems;
“(4) current Federal law allows employers to provide only up to $21 per month in employee benefits for transit or van pools;
“(5) the current ‘cliff provision’, which treats an entire commuter transit benefit as taxable income if it exceeds $21 per month, unduly penalizes the most effective employer efforts to change commuter behavior;
“(6) employer-provided commuter transit incentives offer many public benefits, including increased access of low-income persons to good jobs, inexpensive reduction of roadway and parking congestion, and cost-effective incentives for timely arrival at work; and
“(7) legislation to provide equitable treatment of employer-provided commuter transit benefits has been introduced with bipartisan support in both the Senate and House of Representatives.
“(b)
(a)
(1)
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
(G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation—
(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and
(ii) excluding construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311;
(J) crime prevention and security—
(i) including—
(I) projects to refine and develop security and emergency response plans;
(II) projects aimed at detecting chemical and biological agents in public transportation;
(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and
(IV) security training for public transportation employees; but
(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV);
(K) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or
(L) mobility management—
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services.
(2)
(3)
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); 1 and
(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
(i) would injure seriously an important public interest;
(ii) would frustrate substantially legislative policy and intent; or
(iii) would damage seriously a person or class without serving an important public interest.
(4)
(A) using and occupying a separate right-of-way or rail for the exclusive use of public 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)
(6)
(A) a political subdivision of a State;
(B) an authority of at least 1 State or political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or commission established under the laws of a State.
(7)
(8)
(9)
(A) that has not been used in public transportation in the United States before the date of production of the model; or
(B) used in public transportation in the United States, but being produced with a major change in configuration or components.
(10)
(11)
(12)
(13)
(14)
(15)
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities);
(B) bus shelters;
(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;
(D) public art;
(E) pedestrian access and walkways;
(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles;
(G) transit connections to parks within the recipient's transit service area;
(H) signage; and
(I) enhanced access for persons with disabilities to public transportation.
(16)
(17)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103–331, title III, §335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104–50, title III, §333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105–178, title III, §3003, June 9, 1998, 112 Stat. 338; Pub. L. 105–206, title IX, §9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §§3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(a), June 6, 2008, 122 Stat. 1609.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5302(a)(1) | 49 App.:1608(c)(1). | July 9, 1964, Pub. L. 88–365, §12(c)(1), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(a), 96 Stat. 2151; Apr. 2, 1987, Pub. L. 100–17, §309(a), 101 Stat. 227. |
| 49 App.:1608(c)(7), (8). | July 9, 1964, Pub. L. 88–365, §12(c)(3)–(9), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Dec. 18, 1991, Pub. L. 102–240, §3016, 105 Stat. 2108. | |
| 5302(a)(2) | 49 App.:1608(c)(3). | |
| 5302(a)(3) | 49 App.:1608(c)(13). | July 9, 1965, Pub. L. 88–365, 78 Stat. 302, §12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100–17, §318(b)(3), 101 Stat. 234. |
| 5302(a)(4) | 49 App.:1608(c)(2). | July 9, 1964, Pub. L. 88–365, §12(c)(2), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(b), 96 Stat. 2151. |
| 5302(a)(5) | 49 App.:1608(c)(4) (1st sentence). | |
| 5302(a)(6) | 49 App.:1608(c)(5). | |
| 5302(a)(7) | 49 App.:1608(c)(6). | |
| 5302(a)(8) | (no source). | |
| 5302(a)(9) | 49 App.:1608(h)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(h)(2); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(a), 105 Stat. 2184. |
| 49 App.:1608 (note). | Apr. 2, 1988, Pub. L. 100–17, §317(b)(4), 101 Stat. 233. | |
| 5302(a)(10) | 49 App.:1608(c)(12). | |
| 5302(a)(11) | 49 App.:1608(c)(9). | |
| 5302(a)(12) | 49 App.:1608(c)(10). | July 9, 1964, Pub. L. 88–365, §12(c)(10), (11), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Apr. 2, 1987, Pub. L. 100–17, §318(b)(1), (2), 101 Stat. 234. |
| 5302(a)(13) | 49 App.:1608(c)(11). | |
| 5302(b) | 49 App.:1608(c)(4) (last sentence). |
In this chapter, the words “local governmental authority” are substituted for “local public body” for consistency in the revised title and with other titles of the United States Code.
In subsection (a), before clause (1), the text of 49 App.:1608(c)(7) is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words “capital project” are substituted for “construction” for clarity. In subclause (A), the words “actual”, “all”, and “reconstruction” are omitted as surplus. In subclause (D), the words “(whether or not such overhaul increases the useful life of the rolling stock)” are omitted as surplus. In clause (2), the words “for each of the jurisdictions included in the definition of ‘State’ ” are omitted as surplus. In clauses (3) and (10), the word “regulation” is substituted for “rule” for consistency in the revised title and with other titles of the Code and because the terms are synonymous. In clause (3)(B)(iii), the words “of persons” are omitted as surplus. In clauses (4) and (5), the word “mass” is substituted for “public” because of the restatement. In clause (4)(A), the words “including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses” are omitted as surplus. In clause (6)(A), the words “municipalities and other” are omitted as surplus. In clause (6)(B), the word “authority” is substituted for “public agencies and instrumentalities” for consistency in the revised title and with other titles of the Code. The word “municipalities” is omitted as surplus. In clause (7), the words “bus, or rail, or other”, “either publicly or privately owned”, and “on a . . . basis” are omitted as surplus. Clause (8) is added for clarity because the term “net project cost” has the same meaning throughout this chapter. In clause (11), the words “the Commonwealths of” are omitted as surplus. In clause (12), the word “individuals” is substituted for “commuters or others” to eliminate unnecessary words. In clause (13)(A), the words “in the case of any such area” and “entire” are omitted as surplus. The words “Secretary of Commerce” are substituted for “Bureau of the Census” because of 15:1511(e). In clause (13)(B), the words “so designated by the Bureau of Census”, “which shall be”, “responsible”, and “in cooperation with each other” are omitted as surplus.
Subsection (b) applies to section 5307(d)(1)(D) of the revised title because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(I), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Subsec. (b) of section 5334, referred to in subsec. (a)(3)(A), was redesignated subsec. (c) by Pub. L. 109–59, title III, §3023(3), Aug. 10, 2005, 119 Stat. 1626.
2008—Subsec. (a)(10). Pub. L. 110–244 substituted “charter, sightseeing,” for “charter,”.
2005—Subsec. (a). Pub. L. 109–59, §3004(a), substituted “Except as otherwise specifically provided, in this chapter” for “In this chapter” in introductory provisions.
Subsec. (a)(1)(A), (F). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(G). Pub. L. 109–59, §3004(b)(1), inserted “construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,” after “public transportation facility,” in introductory provisions.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing in introductory provisions.
Subsec. (a)(1)(G)(ii). Pub. L. 109–59, §3004(b)(2), inserted “(other than an intercity bus station or terminal)” after “commercial revenue-producing facility”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(H). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(1)(J) to (L). Pub. L. 109–59, §3004(b)(3)–(5), added subpars. (J) to (L).
Subsec. (a)(4). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in introductory provisions and subpar. (A).
Subsec. (a)(5). Pub. L. 109–59, §3004(c), substituted “Individual with a disability” for “Handicapped individual” in heading and “individual with a disability” for “handicapped individual” in text.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (a)(7). Pub. L. 109–59, §3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: “The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.”
Subsec. (a)(9). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in subpars. (A) and (B).
Subsec. (a)(10). Pub. L. 109–59, §3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘public transportation’ means mass transportation.”
Subsec. (a)(14) to (16). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (a)(17). Pub. L. 109–59, §3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: “The term ‘urbanized area’ means an area—
“(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and
“(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary.”
Subsec. (b). Pub. L. 109–59, §3004(g), substituted “Individual With a Disability” for “Handicapped Individual” in heading and “individual with a disability” for “handicapped individual” in text.
1998—Pub. L. 105–178, §3003(a), formerly §3003, as renumbered by Pub. L. 105–206, §9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms.
Subsec. (a)(1)(G)(i). Pub. L. 105–178, §3003(b), as added by Pub. L. 105–206, §9009(a)(2), substituted “daycare or” for “daycare and”.
1997—Subsec. (a)(1)(B), (C). Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, §333(a). See 1995 Amendment notes below.
1996—Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, §335A. See 1994 Amendment note below.
1995—Subsec. (a)(1)(B). Pub. L. 104–50, §333(a)(1), as amended by Pub. L. 105–102, §3(a)(1), struck out “that extends the economic life of a bus for at least 5 years” after “rehabilitating a bus”.
Subsec. (a)(1)(C). Pub. L. 104–50, §333(a)(2), as amended by Pub. L. 105–102, §3(a)(2), struck out “that extends the economic life of a bus for at least 8 years” after “remanufacturing a bus”.
1994—Subsec. (a)(1). Pub. L. 103–331, §335A, as amended by Pub. L. 104–287, inserted “payments for the capital portions of rail trackage rights agreements,” after “rights of way),”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214, provided that the amendment made by section 3(a) is effective Nov. 15, 1995.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Section 6(c) of Pub. L. 104–287 provided that the amendment made by that section is effective Sept. 30, 1994.
Section 333(b) of Pub. L. 104–50 provided that: “The amendments made by this section [amending this section] shall not take effect before March 31, 1996.”
1 See References in Text note below.
(a)
(1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
(b)
(1)
(2)
(3)
(4)
(5) TIP.—The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(6)
(c)
(1)
(2)
(3)
(d)
(1)
(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or
(B) in accordance with procedures established by applicable State or local law.
(2)
(A) local elected officials;
(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and
(C) appropriate State officials.
(3)
(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(4)
(5)
(6)
(e)
(1)
(2)
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3)
(4)
(5)
(A) shall be established in the manner described in subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B); and
(D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide.
(f)
(1)
(2)
(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and
(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.
(3)
(A)
(B)
(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and
(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.
(C)
(i)
(ii)
(I)
(II)
(D)
(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and
(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of such title.
(4)
(g) MPO
(1)
(2)
(3)
(A) recipients of assistance under this chapter;
(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(C) recipients of assistance under section 204 of title 23.
(h)
(1)
(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation system.
(2)
(i)
(1)
(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).
In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.
(2)
(A)
(B)
(i)
(ii)
(C)
(D)
(E)
(F)
(3)
(4)
(A)
(B)
(i) comparison of transportation plans with State conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
(5)
(A)
(B)
(i) shall be developed in consultation with all interested parties; and
(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.
(C)
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(6)
(7)
(j)
(1)
(A)
(B)
(C)
(D)
(2)
(A)
(B)
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
(C)
(3)
(A)
(B)
(i)
(ii)
(C)
(D)
(4)
(5)
(A)
(i) by—
(I) in the case of projects under title 23, the State; and
(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and
(ii) in cooperation with the metropolitan planning organization.
(B)
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(k)
(1)
(A)
(B)
(2)
(3)
(4)
(A)
(B)
(5)
(A)
(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.
(B)
(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and
(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.
(C)
(i) Withholding of project funds.—If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23.
(ii) Restoration of withheld funds.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.
(D)
(l)
(1)
(2)
(m)
(1)
(2)
(n)
(o)
(p)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104–287, §5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–102, §2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–178, title III, §§3004, 3029(b)(1)–(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105–206, title IX, §9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §3005(a), Aug. 10, 2005, 119 Stat. 1547; Pub. L. 110–244, title II, §201(b), June 6, 2008, 122 Stat. 1609.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5303(a) | 49 App.:1607(a) (2d–last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(a) (2d–last sentences)–(g), (n); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2098, 2104. |
| 5303(b) | 49 App.:1607(f). | |
| 5303(c)(1) | 49 App.:1607(b)(1). | |
| 5303(c)(2) | 49 App.:1607(b)(2). | |
| 5303(c)(3) | 49 App.:1607(b)(6). | |
| 5303(c)(4) | 49 App.:1607(b)(4). | |
| 5303(c)(5) | 49 App.:1607(b)(5). | |
| 5303(c)(6) | 49 App.:1607(b)(3). | |
| 5303(d) | 49 App.:1607(c). | |
| 5303(e) | 49 App.:1607(d), (e). | |
| 5303(f) | 49 App.:1607(g). | |
| 5303(g) | 49 App.:1607(n). | |
| 5303(h) | 49 App.:1607(p). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(p); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2105; Oct. 6, 1992, Pub. L. 102–388, §502(h), 106 Stat. 1566. |
In this section, the word “together” is omitted as surplus. The words “Secretary of Commerce” are substituted for “Bureau of the Census” because of 15:1511(e).
In subsection (b)(2), the word “applicable” is omitted as surplus.
In subsection (b)(3), the words “where it does not yet occur” are omitted as surplus.
In subsection (b)(4), the words “the provisions of all applicable” are omitted as surplus.
In subsection (c)(4), before clause (A), the words “whether made under this section or other provisions of law” are omitted as surplus.
In subsection (d), the word “entire” is omitted as surplus.
In subsection (e)(2), the words “or compacts” and “joint or otherwise” are omitted as surplus.
In subsection (f)(3), the word “area” is added for clarity and consistency with 42:7501(2).
In subsection (f)(5)(A), the words “published or otherwise” are omitted as surplus.
In subsection (g), before clause (1), the words “local governmental authorities” are substituted for “local public bodies”, and the words “departments, agencies, and instrumentalities of the Government” are substituted for “Federal departments and agencies”, for consistency in the revised title and with other titles of the United States Code.
In subsection (h)(6)(A), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.
This amends 49:5303(c)(1) to correct an erroneous cross-reference.
This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference.
This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference.
The Clean Air Act, referred to in subsecs. (e)(4), (5)(D), (g)(1), (i)(3), (l)(2), and (m)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (e)(4), (5) and (j)(7)(C), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Public Law 96–551, referred to in subsec. (f)(3)(A), (C)(ii)(II), is Pub. L. 96–551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the Code.
The National Environmental Policy Act of 1969, referred to in subsec. (p), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, §201(b)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: “In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.”
Subsec. (j)(3)(D). Pub. L. 110–244, §201(b)(2), inserted “or the identified phase” after “the project” in two places.
Subsec. (k)(2). Pub. L. 110–244, §201(b)(3), struck out “a metropolitan planning area serving” before “a transportation management area,”.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds.
1998—Subsecs. (a), (b). Pub. L. 105–178, §3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively.
Subsec. (c)(1)(A). Pub. L. 105–178, §3004(b)(1)(B), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.
Pub. L. 105–178, §3004(b)(1)(A), as amended by Pub. L. 105–206, §9009(b)(1)(A), substituted “general purpose local government that together represent” for “general local government representing”.
Subsec. (c)(2). Pub. L. 105–178, §3004(b)(2), substituted “Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of” for “In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include” and “officials of public agencies” for “officials of authorities”.
Subsec. (c)(3). Pub. L. 105–178, §3004(b)(3), as amended by Pub. L. 105–206, §9009(b)(1)(B), substituted “within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area” for “in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area”.
Subsec. (c)(4)(A). Pub. L. 105–178, §3004(b)(4), as added by Pub. L. 105–206, §9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105–102, §2(4)(B). See 1997 Amendment note below.
Subsec. (c)(5)(A). Pub. L. 105–178, §3004(b)(5)(A), formerly §3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, §9009(b)(1)(C), (D), substituted “general purpose local government that together represent” for “general local government representing”.
Subsec. (c)(5)(B). Pub. L. 105–178, §3004(b)(5)(B), formerly §3004(b)(4)(B), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.
Subsec. (c)(5)(D). Pub. L. 105–178, §3004(b)(5)(C), formerly §3004(b)(4)(C), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), added subpar. (D).
Subsec. (d). Pub. L. 105–178, §3004(c), inserted “Planning” after “Metropolitan” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted “planning” before “area” in first sentence and substituted pars. (2) to (4) for “The area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, except as the chief executive officer and metropolitan planning organization otherwise agree.”
Subsec. (e)(2). Pub. L. 105–178, §3004(d)(1), inserted “or compact” after “2 States making an agreement” and substituted “making the agreements and compacts effective” for “making the agreement effective”.
Subsec. (e)(4) to (6). Pub. L. 105–178, §3004(d)(2), as amended by Pub. L. 105–206, §9009(b)(2), added pars. (4) to (6).
Subsec. (f). Pub. L. 105–178, §3004(e)(5), substituted “Developing Long-Range Transportation Plans” for “Developing Long-Range Plans” in heading.
Pub. L. 105–178, §3004(e)(6), which directed substitution of “long-range transportation plans” for “long-range plans” wherever appearing, could not be executed because “long-range plans” does not appear in text.
Subsec. (f)(1)(A). Pub. L. 105–178, §3004(e)(1)(A), substituted “national, regional, and metropolitan transportation functions” for “United States and regional transportation functions”.
Subsec. (f)(1)(B)(iii). Pub. L. 105–178, §3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;”.
Subsec. (f)(1)(C). Pub. L. 105–178, §3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “assess capital investment and other measures necessary—
“(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and
“(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and”.
Subsec. (f)(1)(E). Pub. L. 105–178, §3004(f)(1), as added by Pub. L. 105–206, §9009(b)(3), added subpar. (E).
Subsec. (f)(2). Pub. L. 105–178, §3004(e)(2), substituted “and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process” for “as they are related to a 20-year forecast period”.
Subsec. (f)(4). Pub. L. 105–178, §3004(e)(3), inserted “freight shippers, providers of freight transportation services,” after “mass transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.
Subsec. (f)(5)(A). Pub. L. 105–178, §3004(e)(4), inserted “published or otherwise” before “made readily available”.
Subsec. (f)(6). Pub. L. 105–178, §3004(f)(2), as added by Pub. L. 105–206, §9009(b)(3), added par. (6).
Subsec. (h)(1). Pub. L. 105–178, §3029(b)(1), (2), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title” and “sections 5304 and 5305 of this title” for “sections 5304–5306 of this title”.
Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, §3029(b)(1), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title”.
Subsec. (h)(4). Pub. L. 105–178, §3029(b)(3), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g) of this title”.
1997—Subsec. (c)(1). Pub. L. 105–102, §2(4)(A), inserted “and sections 5304–5306 of this title” after “this section”.
Subsec. (c)(4)(A). Pub. L. 105–102, §2(4)(B), substituted “paragraph (5)” for “paragraph (3)”.
Subsec. (c)(5)(A). Pub. L. 105–102, §2(4)(C), inserted “and sections 5304–5306 of this title” after “this section”.
1996—Subsec. (f)(2). Pub. L. 104–287, §5(10)(A), substituted “subsection (b)” for “subsection (e)”.
Subsec. (h)(4). Pub. L. 104–287, §5(10)(B), substituted “section 5338(g)” for “5338(g)(1)”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Section 8(1) of Pub. L. 104–287, as amended by Pub. L. 105–102, §3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: “The amendments made by sections 3 and 5(10)–(17), (19), (20), (52), (53), (55), (61), (62), (65), (70), (77)–(79), and (91)–(93) of this Act [amending this section, sections 5307, 5309, 5315, 5317, 5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705, 40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this title, and section 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994.”
Pub. L. 109–59, title III, §3005(b), Aug. 10, 2005, 119 Stat. 1559, provided that: “The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.”
(a)
(1)
(2)
(3)
(b)
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)
(1)
(2)
(d)
(1)
(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation system.
(2)
(e)
(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation;
(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f)
(1)
(2)
(A)
(B)
(C)
(D)
(i)
(ii)
(3)
(A)
(B)
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(4)
(A)
(B)
(5)
(6)
(7)
(8)
(g)
(1)
(2)
(A)
(B)
(C)
(3)
(4)
(A)
(B)
(C)
(i)
(ii)
(D)
(i) consistent with the statewide transportation plan developed under this section for the State;
(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and
(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under that Act.
(E)
(F)
(G)
(i)
(ii)
(H)
(5)
(6)
(7)
(8)
(h)
(i)
(j)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105–178, title III, §3005, June 9, 1998, 112 Stat. 345; Pub. L. 105–206, title IX, §9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3006(a), Aug. 10, 2005, 119 Stat. 1559.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5304(a) | 49 App.:1607(h)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(h); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2102; Oct. 6, 1992, Pub. L. 102–388, §§501, 502(e), 106 Stat. 1566. |
| 5304(b) | 49 App.:1607(h)(2). | |
| 5304(c) | 49 App.:1607(h)(3), (5). | |
| 5304(d) | 49 App.:1607(h)(6). | |
| 5304(e) | 49 App.:1607(h)(4). |
In subsection (b)(1), the word “initial” is omitted as surplus.
In subsection (b)(2)(C), the words “and programs” are omitted as surplus.
In subsection (c)(1), the word “otherwise” is omitted as surplus.
The Clean Air Act, referred to in subsecs. (b)(2) and (g)(4)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969.
1998—Subsec. (a). Pub. L. 105–178, §3005(d)(1), as added by Pub. L. 105–206, §9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 105–178, §3005(a), in second sentence, substituted “the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,” for “the organization” and inserted “other affected employee representatives, freight shippers, providers of freight transportation services,” after “transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.
Subsec. (b)(2)(B). Pub. L. 105–178, §3005(d)(2)(A), as added by Pub. L. 105–206, §9009(c)(2), struck out “and” at end.
Subsec. (b)(2)(C). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” for “strategies which may include”, was executed by making the substitution for “strategies, which may include” to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D).
Pub. L. 105–178, §3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects.”
Subsec. (b)(2)(D). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting “strategies; and” followed by “(D) may include” for “strategies which may include”, was executed by making the substitutions for “strategies, which may include” to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 105–178, §3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: “Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan area that involve United States Government participation. Selection shall comply with the transportation improvement program for the area.”
Subsec. (c)(3). Pub. L. 105–178, §3005(c)(2), added par. (3).
Subsec. (c)(4). Pub. L. 105–178, §3005(d)(3), as added by Pub. L. 105–206, §9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C).”
Pub. L. 105–178, §3005(c)(2), added par. (4).
Subsec. (c)(5), (6). Pub. L. 105–178, §3005(c)(2), added pars. (5) and (6).
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Pub. L. 109–59, title III, §3006(b), Aug. 10, 2005, 119 Stat. 1565, provided that: “The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.”
(a)
(b)
(1)
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2)
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
(c)
(d)
(1)
(A)
(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to
(ii) the total population of urbanized areas in all States, as shown by that census.
(B)
(2)
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;
(C) the State develops in cooperation with the metropolitan planning organizations; and
(D) the Secretary approves.
(3)
(A)
(B)
(e)
(1)
(A)
(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to
(ii) the population of urbanized areas in all States, as shown by that census.
(B)
(2)
(f)
(g)
(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out subsection (e).
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105–178, title III, §3006, June 9, 1998, 112 Stat. 346; Pub. L. 105–206, title IX, §9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3007(a), Aug. 10, 2005, 119 Stat. 1566; Pub. L. 111–147, title IV, §431, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2301, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, §301, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §131, Sept. 16, 2011, 125 Stat. 350.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5305(a)–(e) | 49 App.:1607(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(i); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102–388, §502(f), 106 Stat. 1566. |
| 5305(f) | 49 App.:1607(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(j), (l); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104. |
| 5305(g) | 49 App.:1607(j). |
In subsection (c), the words “title 23” are substituted for “this title” for consistency in this chapter and to reflect the apparent intent of Congress. The word “appropriate” is omitted as surplus.
In subsection (e)(2), the words “under the formula program” are omitted as surplus.
In subsections (f) and (g), the word “area” is added for clarity and consistency with 42:7501(2).
In subsection (f), the words “Notwithstanding any other provisions of this chapter or title 23, United States Code” are omitted as surplus.
2011—Subsec. (g). Pub. L. 112–30 substituted “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011”.
Pub. L. 112–5 substituted “2011” for “2010, and for the period beginning October 1, 2010, and ending March 4, 2011,”.
2010—Subsec. (g). Pub. L. 111–322 substituted “March 4, 2011” for “December 31, 2010”.
Pub. L. 111–147 substituted “2010, and for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area.
1998—Subsec. (a)(2). Pub. L. 105–178, §3006(a), added par. (2) and struck out former par. (2) which read as follows: “any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials.”
Subsec. (b). Pub. L. 105–178, §3006(b), inserted “affected” before “mass transportation operators”.
Subsec. (c). Pub. L. 105–178, §3006(c), struck out at end “The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.”
Subsec. (d)(1). Pub. L. 105–178, §3006(d), as amended by Pub. L. 105–206, §9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
“(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs.
“(B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs.”
Subsec. (e)(2). Pub. L. 105–178, §3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: “If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization.”
Subsec. (e)(4). Pub. L. 105–178, §3006(e)(2), added par. (4).
Subsec. (h). Pub. L. 105–178, §3006(f), added subsec. (h).
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
(a)
(b)
(1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and
(2) intervention in the management of a transportation authority.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109–59, title III, §3008, Aug. 10, 2005, 119 Stat. 1568.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5306(a) | 49 App.:1607(o). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(o); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2105. |
| 5306(b) | 49 App.:1607(m). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(m); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, §502(g), 106 Stat. 1566. |
In subsection (a), the words “(through modernization, extension, addition, or otherwise)” are omitted as surplus.
2005—Subsec. (a). Pub. L. 109–59 inserted “, as determined by local policies, criteria, and decisionmaking,” after “feasible”.
(a)
(1)
(A) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
(B) 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.
(2)
(A) an entity designated, in accordance with the planning process under sections 5303, 5304, and 5306, by the chief executive officer of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 that are attributable to transportation management areas identified under section 5303; or
(B) a State or regional authority if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.
(b)
(1)
(A) capital projects and associated capital maintenance items;
(B) planning;
(C) transit enhancements;
(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000;
(E) operating costs of equipment and facilities for use in public transportation in a portion or portions of an urbanized area with a population of at least 200,000, but not more than 225,000, if—
(i) the urbanized area includes parts of more than one State;
(ii) the portion of the urbanized area includes only one State;
(iii) the population of the portion of the urbanized area is less than 30,000; and
(iv) the grants will not be used to provide public transportation outside of the portion of the urbanized area; and
(F) operating costs of equipment and facilities for use in public transportation for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area as a result of the 2000 decennial census of population, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.
(2)
(A)
(i) the urbanized area had a population of less than 200,000, as determined by the 1990 decennial census of population;
(ii) a portion of the urbanized area was a separate urbanized area with a population of less than 200,000, as determined by the 1990 decennial census of population;
(iii) the area was not designated as an urbanized area, as determined by the 1990 decennial census of population; or
(iv) a portion of the area was not designated as an urbanized area, as determined by the 1990 decennial census, and received assistance under section 5311 in fiscal year 2002.
(B)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than the amount the portion of the area received under section 5311 for fiscal year 2002.
(C)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 for fiscal year 2002.
(D)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 25 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 25 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 25 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.
(E)
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.
(3) In a transportation management area designated under section 5303(k) 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, in writing, 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 public transportation providers;
(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.); and
(C) the metropolitan planning organization in approving the use under subparagraph (A) determines that the local transit needs are being addressed.
(c)
(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 public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;
(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
(7) make the final program of projects available to the public.
(d)
(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, including safety and security aspects of the program;
(B) has or will have satisfactory continuing control over the use of equipment and facilities;
(C) will maintain equipment and facilities;
(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 section 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;
(iii) will comply with applicable Buy America laws in carrying out a procurement; and
(iv) will comply with sections 5323 and 5325;
(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 section 5301(a), section 5301(d), and sections 5303 through 5306;
(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;
(J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 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
(K) in the case of a recipient for an urbanized area with a population of at least 200,000—
(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for transit enhancements, as defined in section 5302(a); and
(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and
(2) the Secretary accepts the certification.
(e)
(1)
(2)
(3)
(A) in cash from non-Government sources other than revenues from providing public transportation services;
(B) from revenues derived from the sale of advertising and concessions;
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; and
(D) from amounts received under a service agreement with a State or local social service agency or private social service organization.
(4)
(f)
(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)
(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 most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(h)
(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. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.
(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.
(i)
(j)
(k)
(1)
(2)
(A)
(B)
(l)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103–429, §6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–287, §5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3007(a)(1), (b)–(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105–206, title IX, §9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107–232, §1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108–88, §8(n), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §§3002(b)(4), 3009(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1568–1571; Pub. L. 110–244, title II, §201(c), June 6, 2008, 122 Stat. 1609; Pub. L. 111–147, title IV, §432, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2302, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, §302, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §132, Sept. 16, 2011, 125 Stat. 350.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5307(a)(1) | 49 App.:1607a(j)(1) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (last sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(1), (2), 327(b), 101 Stat. 227, 238. |
| 5307(a)(2) | 49 App.:1607a(m)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(h), (i), (m)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Oct. 6, 1992, Pub. L. 102–388, §503(2), 106 Stat. 1567. |
| 5307(b)(1) | 49 App.:1607a(j)(1) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (1st sentence); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(b)(3), 327(b), 101 Stat. 227, 238. |
| 5307(b)(2) | 49 App.:1607a(j)(1) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (2d sentence); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(1), 105 Stat. 2107. |
| 5307(b)(3) | 49 App.:1607a(j)(1) (3d, 4th sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(1) (3d, 4th sentences); added Apr. 2, 1987, Pub. L. 100–17, §308, 101 Stat. 226. |
| 5307(b)(4) | 49 App.:1607a(j)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(2); added Apr. 2, 1987, Pub. L. 100–17, §309(b)(4), 101 Stat. 227. |
| 5307(b)(5) | 49 App.:1607a(j)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(j)(3); added Dec. 18, 1991, Pub. L. 102–240, §3013(h)(2), 105 Stat. 2107. |
| 5307(c) | 49 App.:1607a(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(f); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(g), 105 Stat. 2107. |
| 5307(d)(1) | 49 App.:1607a(e)(2) (1st, last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §§312(a), 327(b), 101 Stat. 228, 238; Dec. 18, 1991, Pub. L. 102–240, §3013(d), 105 Stat. 2106. |
| 49 App.:1607a(e)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 202, §9(e)(3); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(f), 105 Stat. 2106. | |
| 5307(d)(2) | 49 App.:1607a(e)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(5); added Apr. 2, 1987, Pub. L. 100–17, §312(f)(1), 101 Stat. 229. |
| 5307(e) | 49 App.:1607a(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§309(c), (d), (f), 312(b)(1), 327(b), 101 Stat. 227, 228, 238. |
| 5307(f) | 49 App.:1607a (note). | Nov. 21, 1989, Pub. L. 101–164, §334(c), 103 Stat. 1098. |
| 5307(g) | 49 App.:1607a(p). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(p); added Apr. 2, 1987, Pub. L. 100–17, §306(b), 101 Stat. 225. |
| 5307(h) | 49 App.:1607a(e)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(6); added Dec. 18, 1991, Pub. L. 102–240, §3013(e), 105 Stat. 2106. |
| 5307(i) | 49 App.:1607a(g). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(g); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2144; Apr. 2, 1987, Pub. L. 100–17, §§312(f)(2), 327(b), 101 Stat. 229, 238. |
| 5307(j) | 49 App.:1607a(e)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(4); added Apr. 2, 1987, Pub. L. 100–17, §312(b)(2), 101 Stat. 228. |
| 5307(k) | 49 App.:1607a(e)(2) (2d, 3d sentences). | |
| 5307(l) | 49 App.:1607a(i). | |
| 5307(m) | 49 App.:1607a(r). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(r); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2107. |
| 5307(n)(1) | 49 App.:1607a(h). | |
| 5307(n)(2) | 49 App.:1607a(e)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(e)(1); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2143; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(c), 105 Stat. 2106. |
In subsection (a)(2)(A), the word “required” is omitted as surplus. The word “apportion” is substituted for “dispense” for consistency in this chapter. The word “appropriated” is omitted for clarity.
In subsection (a)(2)(B), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code. The words “by lease, contract, or otherwise” are omitted as surplus.
In subsection (b)(1), the words “by operation or lease or otherwise” are omitted as surplus.
In subsection (b)(3), the words “the Secretary prescribes” are added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence) is omitted as executed.
In subsection (b)(4), the words “(whether by employees of the grant recipient or by contract)” are omitted as surplus.
In subsection (c)(1), the words “of funds” are omitted as surplus. The words “to the recipient” are added for clarity. The words “with such funds” are omitted as surplus.
In subsection (c)(3), the words “as appropriate” are omitted as surplus.
In subsection (c)(5), the words “and shall, if deemed appropriate by the recipient, modify the proposed program of projects” are omitted as surplus.
In subsection (d)(1)(B), the words “through operation or lease or otherwise” are omitted as surplus.
In subsection (d)(1)(D), the words “ensure that elderly and handicapped individuals . . . will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this chapter not more than 50 percent of the peak hour fare” are substituted for 49 App.:1607a(e)(3)(C) and the words “will give the rate required by section 1604(m) of this Appendix” for clarity and consistency in the revised title. The word “duly” is omitted as surplus.
In subsection (d)(1)(J)(ii), the words “has decided” are added for clarity to correct an error in the source provisions being restated.
In subsection (e), the words “at its option”, “public”, “the amount of any”, “by such system”, “Any public or private”, “solely”, and “available in” are omitted as surplus.
In subsection (f), the word “authority” is substituted for “agency or instrumentality” for consistency in the revised title and with other titles of the Code.
In subsection (f)(1), the words “is responsible under State laws for the financing, construction and operation, directly by lease, contract or otherwise, of public transportation services” are omitted as surplus because a State that is a designated recipient has that responsibility. The words “of UMTA funds”, “combined total permissible”, and “regardless of whether the amount for any particular urbanized area is exceeded” are omitted as surplus.
In subsection (f)(2), the word “Secretary” is substituted for “UMTA” [subsequently changed to “FTA” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088)] because of 49:102(b) and 107(a). The words “This provision shall take effect with the fiscal year 1990 section 9 apportionment” are omitted as obsolete.
In subsection (g)(2), before clause (A), the word “applies” is substituted for “is sought beyond the currently authorized funds for such recipient” to eliminate unnecessary words. In clause (A), the words “of funds” are omitted as surplus.
In subsection (g)(3), the words “Subject to the provisions of this paragraph”, “the Federal share of which the Secretary is authorized to pay under this subsection”, and “actually” are omitted as surplus.
In subsection (i)(1)(A), before clause (i), the words “necessary or” are omitted as surplus. In clause (ii), the words “required by law” are substituted for “which is consistent with the applicable requirements of this chapter and other applicable laws” to eliminate unnecessary words.
In subsection (i)(1)(B), the words “Comptroller General” are substituted for “General Accounting Office” because of 31:702(b).
In subsection (i)(2), the words “In addition to the reviews and audits described in paragraph (1)” and “perform a” are omitted as surplus.
Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to eliminate unnecessary words.
In subsection (l), the words “Administrator for Federal Procurement Policy” are substituted for “Office of Federal Procurement Policy” because of 41:404(b). The words “Such approval shall be binding until withdrawn” are omitted as surplus.
In subsection (n)(1), the words “available under section 5336 of this title” are substituted for “available under this subsection” for clarity.
In subsection (n)(2), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The reference to 49 App.:1604(k)(3) is omitted as obsolete. The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.
This amends 49:5307(d)(1)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 797).
This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).
This amends 49:5307(a)(2) to delete an obsolete provision.
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(3)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (d)(1)(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVIII of such Act are classified generally to subchapters II (§401 et seq.) and XVIII (§1395 et seq.) respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
2011—Subsec. (b)(2). Pub. L. 112–30, §132(1), substituted “Special rule for fiscal years 2005 through 2011 and the period beginning on October 1, 2011, and ending on March 31, 2012” for “Special rule for fiscal years 2005 through 2011” in heading.
Pub. L. 112–5, §302(1), substituted “Special rule for fiscal years 2005 through 2011” for “Special rule for fiscal years 2005 through 2010, and the period beginning October 1, 2010, and ending March 4, 2011” in heading.
Subsec. (b)(2)(A). Pub. L. 112–30, §132(2), substituted “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011,” in introductory provisions.
Pub. L. 112–5, §302(2), substituted “2011,” for “2010, and the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 112–30, §132(3), substituted “Maximum amounts in fiscal years 2008 through 2011 and the period beginning on october 1, 2011, and ending on march 31, 2012” for “Maximum amounts in fiscal years 2008 through 2011” in heading and “2011 and during the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011” in introductory provisions.
Pub. L. 112–5, §302(3), substituted “Maximum amounts in fiscal years 2008 through 2011” for “Maximum amounts in fiscal years 2008 through 2010 and during the period beginning October 1, 2010, and ending March 4, 2011” in heading and “In each of fiscal years 2008 through 2011” for “In fiscal years 2008 through 2010, and during the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
2010—Subsec. (b)(2). Pub. L. 111–322, §2302(1), substituted “March 4, 2011” for “December 31, 2010” in heading.
Pub. L. 111–147, §432(1), substituted “
Subsec. (b)(2)(A). Pub. L. 111–322, §2302(2), substituted “March 4, 2011” for “December 31, 2010” in introductory provisions.
Pub. L. 111–147, §432(2), substituted “2010, and the period beginning October 1, 2010, and ending December 31, 2010,” for “2009,” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 111–322, §2302(3), substituted “March 4, 2011” for “December 31, 2010” in heading and introductory provisions.
Pub. L. 111–147, §432(3), substituted “
2008—Subsec. (b)(2). Pub. L. 110–244, §201(c)(1), substituted “2009” for “2007” in heading.
Subsec. (b)(2)(A). Pub. L. 110–244, §201(c)(2), in introductory provisions, substituted “2009” for “2007” and “public” for “mass”.
Subsec. (b)(2)(E). Pub. L. 110–244, §201(c)(3), added subpar. (E).
Subsec. (b)(3). Pub. L. 110–244, §201(c)(4), substituted “section 5303(k)” for “section 5305(a)” in introductory provisions.
2005—Subsec. (a)(1). Pub. L. 109–59, §3009(b)(1), substituted “means—” for “means”, designated part of existing provisions as subpar. (A), and added subpar. (B).
Subsec. (a)(2)(A). Pub. L. 109–59, §3009(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a person designated, consistent with the planning process under sections 5303–5306 of this title, by the chief executive officer of a State, responsible local officials, and publicly owned operators of mass transportation to receive and apportion amounts under section 5336 of this title that are attributable to transportation management areas established under section 5305(a) of this title; or”.
Subsec. (a)(2)(B). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(1). Pub. L. 109–59, §3009(c)(1), added par. (1) and struck out former par. (1) which read as follows: “The Secretary of Transportation may make grants under this section for capital projects and to finance the planning and improvement costs of equipment, facilities, and associated capital maintenance items for use in mass transportation, including the renovation and improvement of historic transportation facilities with related private investment. The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000.”
Subsec. (b)(2). Pub. L. 109–59, §3009(c)(2), added par. (2) and struck out former par. (2) which related to special rule for fiscal years 2003 and 2004 and for the period of Oct. 1, 2004, through July 30, 2005.
Pub. L. 109–40, §7(m)(1), substituted “
Pub. L. 109–37, §7(m)(1), substituted “
Pub. L. 109–35, §7(m)(1), substituted “
Pub. L. 109–20, §7(m)(1), substituted “
Pub. L. 109–14, §7(m)(1), substituted “
Subsec. (b)(2)(A). Pub. L. 109–40, §7(m)(2), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(m)(2), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(m)(2), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(m)(2), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(m)(2), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (b)(3)(A). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4). Pub. L. 109–59, §3009(c)(3), struck out par. (4) which read as follows: “A project for the reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used, is a capital project for an associated capital maintenance item under this section.”
Subsec. (c)(5). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d)(1)(A). Pub. L. 109–59, §3009(d)(1), inserted “, including safety and security aspects of the program” before semicolon at end.
Subsec. (d)(1)(E)(iv). Pub. L. 109–59, §3009(d)(2), added cl. (iv).
Subsec. (d)(1)(H). Pub. L. 109–59, §3009(d)(3), substituted “section 5301(a), section 5301(d), and sections 5303 through 5306” for “sections 5301(a) and (d), 5303–5306, and 5310(a)–(d) of this title”.
Subsec. (d)(1)(J)(i). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (d)(1)(K). Pub. L. 109–59, §3009(d)(4), (5), added subpar. (K).
Subsec. (e). Pub. L. 109–59, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: “A grant of the Government for a capital project (including associated capital maintenance items) under this section is for 80 percent of the net project cost of the project. A recipient may provide additional local matching amounts. A grant for operating expenses may not be more than 50 percent of the net project cost of the project. The remainder of the net project cost shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation (excluding revenues derived from the sale of advertising and concessions that are more than the amount of those revenues in the fiscal year that ended September 30, 1985). Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (g)(4). Pub. L. 109–59, §3009(f), struck out par. (4) which read as follows: “The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection.”
Subsecs. (h), (i). Pub. L. 109–59, §3009(a), redesignated subsecs. (i) and (l) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: “The Secretary shall prescribe streamlined administrative procedures for complying with the certification requirement under subsection (d)(1)(B) and (C) of this section for track and signal equipment used in existing operations.”
Subsec. (j). Pub. L. 109–59, §3009(a), redesignated subsec. (m) as (j) and struck out heading and text of former subsec. (j). Text read as follows: “A recipient (including a person receiving amounts from a chief executive officer of a State under this section) shall submit annually to the Secretary a report on the revenues the recipient derives from the sale of advertising and concessions.”
Subsec. (k). Pub. L. 109–59, §3009(g), reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows:
“(1) Section 1001 of title 18 applies to a certificate or submission under this section. The Secretary may end a grant under this section and seek reimbursement, directly or by offsetting amounts available under section 5336 of this title, when a false or fraudulent statement or related act within the meaning of section 1001 is made in connection with a certification or submission.
“(2) Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section and to a grant made under this section. Except as provided in this section, no other provision of this chapter applies to this section or to a grant made under this section.”
Pub. L. 109–59, §3009(a), redesignated subsec. (n) as (k) and struck out heading and text of former subsec. (k). Text read as follows:
“(1)
“(2)
“(3)
Subsec. (l). Pub. L. 109–59, §3009(h), added subsec. (l).
Pub. L. 109–59, §3009(a)(2), redesignated subsec. (l) as (i).
Subsecs. (m), (n). Pub. L. 109–59, §3009(a)(2), redesignated subsecs. (m) and (n) as (j) and (k), respectively.
2004—Subsec. (b)(2). Pub. L. 108–310 inserted “
Pub. L. 108–280 substituted “
Pub. L. 108–263 substituted “
Pub. L. 108–224 substituted “
Pub. L. 108–202 substituted “
2003—Subsec. (b)(2). Pub. L. 108–88, §8(n)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003” in heading.
Subsec. (b)(2)(A). Pub. L. 108–88, §8(n)(2), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003,” and added cl. (iv).
Subsec. (b)(2)(B). Pub. L. 108–88, §8(n)(3), inserted at end “Each portion of an area not designated as an urbanized area under the 1990 Federal decennial census and eligible to receive funds under subparagraph (A)(iv) shall receive an amount of funds made available to carry out this section that is no less than the amount the portion of the area received under section 5311 in fiscal year 2002.”
2002—Subsec. (b)(1). Pub. L. 107–232, §1(1), struck out at end “The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000.”
Subsec. (b)(2) to (4). Pub. L. 107–232, §1(2)–(4), added par. (2), redesignated former pars. (2) and (3) as (3) and (4), respectively, and realigned margins of par. (3)(C), as redesignated.
1998—Pub. L. 105–178, §3007(a)(1), substituted “Urbanized area formula grants” for “Block grants” in section catchline.
Subsec. (a). Pub. L. 105–178, §3007(b)(1), substituted “In this section, the following definitions apply:” for “In this section—” in introductory provisions.
Subsec. (a)(1). Pub. L. 105–178, §3007(b)(2), inserted “
Subsec. (a)(2). Pub. L. 105–178, §3007(b)(3), inserted “
Subsec. (b)(1). Pub. L. 105–178, §3007(h)(1), as added by Pub. L. 105–206, §9009(e), inserted at end “The Secretary may make grants under this section from funds made available for fiscal year 1998 to finance the operating costs of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000.”
Pub. L. 105–178, §3007(c)(1), substituted “and improvement costs of equipment” for “, improvement, and operating costs of equipment” and inserted at end “The Secretary may also make grants under this section to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of less than 200,000.”
Subsec. (b)(2)(A). Pub. L. 105–178, §3007(c)(2)(A), inserted “, in writing,” after “approved”.
Subsec. (b)(2)(C). Pub. L. 105–178, §3007(c)(2)(B)–(4), added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 105–178, §3007(c)(5), (6), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “A grant for a capital project under this section also is available to finance the leasing of equipment and facilities for use in mass transportation, subject to regulations the Secretary prescribes limiting the grant to leasing arrangements that are more cost effective than acquisition or construction.”
Subsec. (b)(5). Pub. L. 105–178, §3007(c)(5), struck out par. (5) which read as follows: “Amounts under this section are available for a highway project under title 23 only if amounts used for the State or local share of the project are eligible to finance either a highway or mass transportation project.”
Subsec. (g)(3). Pub. L. 105–178, §3007(d), substituted “the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.” for “the amount by which the estimated cost of carrying out the part (if it would be carried out at the time the part is converted to a regularly financed project) exceeds the actual cost (except interest) of carrying out the part.”
Subsec. (i)(2). Pub. L. 105–178, §3007(e), inserted at end “To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.”
Subsec. (k). Pub. L. 105–178, §3007(f), amended heading and text of subsec. (k) generally. Prior to amendment, text read as follows: “A certification under subsection (d) of this section and any additional certification required by law to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of the grant application under this section. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(e)(2) of this title.”
Subsec. (k)(3). Pub. L. 105–178, §3007(h)(2), as added by Pub. L. 105–206, §9009(e), inserted “preceding” before “fiscal year”.
Subsec. (n)(2). Pub. L. 105–178, §3007(g), inserted “5319,” after “5318,”.
1996—Subsec. (a)(2). Pub. L. 104–287 substituted “title; or” for “title;” in subpar. (A) and “transportation.” for “transportation; or” in subpar. (B) and struck out subpar. (C) which read as follows: “a recipient designated under section 5(b)(1) of the Federal Transit Act not later than January 5, 1983.”
1994—Subsec. (d)(1)(D). Pub. L. 103–429, §6(7)(A), substituted “section” for “chapter”.
Subsec. (d)(1)(E)(iii). Pub. L. 103–429, §6(7)(B), substituted “Buy America” for “Buy-American”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 108–447, div. H, title I, §167, Dec. 8, 2004, 118 Stat. 3228, provided that: “The Secretary shall continue the pilot program authorized under section 166 of the Consolidated Appropriations Act, 2004, Public Law 108–199; 118 Stat. 309 [set out below], for cooperative procurement of major capital equipment under sections 5307, 5309, and 5311 [of title 49, United States Code]. The program shall be administered as required under subsections (b) through (g) of section 166, except that there shall be five pilot projects: Provided, That the Secretary shall evaluate all proposals based on selection criteria set forth in the announcement of the program and request for proposals (Federal Register Notice—Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed projects shall be evaluated and the proposing party shall receive notification of acceptance or denial by no later than 90 days after the Secretary receives a request for review of a proposed project: Provided further, That not later than 30 days after delivery of the base order under each of the five pilot projects, the Secretary shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole.”
Pub. L. 108–199, div. F, title I, §166, Jan. 23, 2004, 118 Stat. 309, provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(e)
“(f)
“(g)
“(h)
Pub. L. 105–178, title III, §3011, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 108–202, §9(u), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, §7(u), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, §7(u), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(u), July 30, 2004, 118 Stat. 886; Pub. L. 108–310, §8(u), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(t), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, §7(s), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, §7(s), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(s), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(s), July 28, 2005, 119 Stat. 421, provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
“(A) information on each project undertaken, the amount of the revenue bonds issued, and the status of repayment of the bonds; and
“(B) any recommendations of the Secretary regarding the application of this section.”
Pub. L. 105–178, title III, §3021, June 9, 1998, 112 Stat. 363; as amended by Pub. L. 105–206, title IX, §9009(m), July 22, 1998, 112 Stat. 857; Pub. L. 105–277, div. A, §101(g) [title III, §354], Oct. 21, 1998, 112 Stat. 2681–439, 2681–476; Pub. L. 106–69, title III, §323, Oct. 9, 1999, 113 Stat. 1020, provided that:
“(a)
“(b)
“(1)
“(2)
“(A) an evaluation of the effect of the pilot program on alternative forms of transportation within the State of Oklahoma and the State of Vermont;
“(B) an evaluation of the effect of the program on operators of mass transportation and their passengers;
“(C) a calculation of the amount of Federal assistance provided under this section transferred for the provision of intercity passenger rail service; and
“(D) an estimate of the benefits to intercity passenger rail service, including the number of passengers served, the number of route miles covered, and the number of localities served by intercity passenger rail service.”
Pub. L. 105–178, title III, §3027(c), June 9, 1998, 112 Stat. 366; as amended by Pub. L. 105–206, title IX, §9009(o)(1), July 22, 1998, 112 Stat. 858; Pub. L. 105–277, div. A, §101(g) [title III, §360], Oct. 21, 1998, 112 Stat. 2681–439, 2681–477; Pub. L. 106–31, title VI, §6004, May 21, 1999, 113 Stat. 113; Pub. L. 106–346, §101(a) [title III, §341], Oct. 23, 2000, 114 Stat. 1356, 1356A–32; Pub. L. 108–199, div. F, title I, §176, Jan. 23, 2004, 118 Stat. 311, provided that:
“(1)
“(A) the number of the total bus revenue vehicle-miles operated in or directly serving the area is less than 900,000; and
“(B) the number of buses operated in or directly serving the area does not exceed 15.
“(2)
“(A) 3 years after the date of enactment of this Act; and
“(B) the date on which the Secretary determines that—
“(i) the number of the total bus revenue vehicle-miles operated in or directly serving the area is greater than or equal to 900,000; and
“(ii) the number of buses operated in or directly serving the area exceeds 15.
“(3)
(a)
(1)
(A) is powered by—
(i) compressed natural gas;
(ii) liquefied natural gas;
(iii) biodiesel fuels;
(iv) batteries;
(v) alcohol-based fuels;
(vi) hybrid electric;
(vii) fuel cell;
(viii) clean diesel, to the extent allowed under this section; or
(ix) other low or zero emissions technology; and
(B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions.
(2)
(A) means a project in a nonattainment or maintenance area described in paragraph (4)(A) for—
(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure;
(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for such buses; or
(iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and
(B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies.
(3)
(4)
(A)
(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or
(ii) is a maintenance area for ozone or carbon monoxide.
(B)
(b)
(c)
(d)
(1)
(2)
(e)
(1) shall remain available to a project for 2 years after the fiscal year for which the amount is made available or appropriated; and
(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105–178, title III, §3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105–206, title IX, §9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109–59, title III, §3010(a), Aug. 10, 2005, 119 Stat. 1572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5308(a) | 49 App.:1607a–2(b) (words before “and shall be subject to”). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9B(a), (b); added Apr. 2, 1987, Pub. L. 100–17, §313, 101 Stat. 229. |
| 5308(b)(1) | 49 App.:1607a–2(a). | |
| 5308(b)(2) | 49 App.:1607a–2(b) (words after “maintenance items)”). |
In subsection (a), the words “The Secretary of Transportation may make” are added for clarity and consistency in this chapter. The words “the purpose of” are omitted as surplus.
In subsection (b)(1), the cross-reference to 49 App.:1617(b) and (c) is corrected because it no longer is correct because of the restatement of 49 App.:1617 by section 3025 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2112), restated as section 5338 of the revised title.
In subsection (b)(2), the words “the limitations contained in” and “applicable to such projects” are omitted as surplus.
2005—Pub. L. 109–59 substituted “grant program” for “formula grant program” in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (g) relating to definitions, authority of Secretary, application for grants, apportionment of funds, additional requirements, and availability of funds.
1998—Pub. L. 105–178, §3008(a), amended section catchline and text generally. Prior to amendment, text read as follows:
“(a)
“(b)
“(2) Sections 5307(e) and 5336(d) of this title apply to grants under this section.”
Subsec. (e)(2). Pub. L. 105–178, §3008(c), as added by Pub. L. 105–206, substituted “35 percent” for “$50,000,000”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Pub. L. 109–59, title III, §3045, Aug. 10, 2005, 119 Stat. 1705, provided that:
“(a)
“(b)
“(c)
“(1) ability to contribute significantly to furthering fuel cell technology as it relates to transit bus operations, including hydrogen production, energy storage, fuel cell technologies, vehicle systems integration, and power electronics technologies;
“(2) financing plan and cost share potential;
“(3) fuel cell technology to ensure that the program advances different fuel cell technologies, including hydrogen-fueled and methanol-powered liquid-fueled fuel cell technologies, that may be viable for public transportation systems; and
“(4) other criteria that the Secretary determines are necessary to carry out the program.
“(d)
“(e)
“(f)
“(1) all terms and conditions applicable to a grant made under section 5309 of title 49, United States Code; and
“(2) such other terms and conditions as are determined by the Secretary.”
Pub. L. 105–178, title III, §3036, June 9, 1998, 112 Stat. 387, provided that:
“(a)
“(1) the status of the development and use of such technologies;
“(2) the environmental benefits of such technologies under the Clean Air Act [42 U.S.C. 7401 et seq.]; and
“(3) the cost of such technologies and any associated equipment.
“(b)
(a)
(1)
(A) an assessment of a wide range of public transportation alternatives designed to address a transportation problem in a corridor or subarea;
(B) sufficient information to enable the Secretary to make the findings of project justification and local financial commitment required under this section;
(C) the selection of a locally preferred alternative; and
(D) the adoption of the locally preferred alternative as part of the long-range transportation plan required under section 5303.
(2)
(3)
(b)
(1) new fixed guideway capital projects under subsections (d) and (e), including the acquisition of real property, the initial acquisition of rolling stock for the systems, 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 to modernize existing fixed guideway systems;
(3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private nonprofit organizations; and
(4) the development of corridors to support new fixed guideway capital projects under subsections (d) and (e), 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 public transportation usage in the corridor.
(c)
(1)
(A) the project is part of an approved transportation plan and program of projects required under sections 5303, 5304, and 5306; and
(B) the applicant has, or will have—
(i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project;
(ii) satisfactory continuing control over the use of the equipment or facilities; and
(iii) the capability and willingness to maintain the equipment or facilities.
(2)
(3)
(d)
(1)
(A)
(B)
(i) is authorized for final design and construction; and
(ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B).
(2)
(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, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; 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, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(3)
(A) the results of the alternatives analysis and preliminary engineering for the proposed project;
(B) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(C) the direct and indirect costs of relevant alternatives;
(D) factors such as—
(i) congestion relief;
(ii) improved mobility;
(iii) air pollution;
(iv) noise pollution;
(v) energy consumption; and
(vi) all associated ancillary and mitigation costs necessary to carry out each alternative analyzed;
(E) reductions in local infrastructure costs and other benefits achieved through compact land use development, such as positive impacts on the capacity, utilization, or longevity of other surface transportation assets and facilities;
(F) the cost of suburban sprawl;
(G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development;
(H) population density and current transit ridership in the transportation corridor;
(I) the technical capability of the grant recipient to construct the project;
(J) any adjustment to the project justification necessary to reflect differences in local land, construction, and operating costs; and
(K) other factors that the Secretary determines to be appropriate to carry out this subsection.
(4)
(A)
(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases;
(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 recapitalize and operate the overall proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(ii) existing grant commitments;
(iii) the degree to which financing sources are dedicated to the proposed purposes;
(iv) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and
(v) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project.
(C)
(5)
(A)
(B)
(6)
(A)
(i) not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005; and
(ii) each time significant changes are made by the Secretary to the process and criteria, but not less frequently than once every 2 years.
(B)
(i) invite public comment to the policy guidance published under subparagraph (A); and
(ii) publish a response to the comments received under clause (i).
(e)
(1)
(A)
(B)
(2)
(A) based on the results of planning and alternatives analysis;
(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and
(C) supported by an acceptable degree of local financial commitment.
(3)
(4)
(A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals;
(B) determine the cost effectiveness of the project at the time of the initiation of revenue service;
(C) determine the degree to which the project will have a positive effect on local economic development;
(D) consider the reliability of the forecasting methods used to estimate costs and ridership associated with the project; and
(E) consider other factors that the Secretary determines appropriate to carry out this subsection.
(5)
(A)
(B)
(6)
(A)
(B)
(7)
(8)
(9)
(10)
(A) a substantial portion of the project operates in a separate right-of-way dedicated for public transit use during peak hour operations; or
(B) the project represents a substantial investment in a defined corridor as demonstrated by features such as park-and-ride lots, transit stations, bus arrival and departure signage, intelligent transportation systems technology, traffic signal priority, off-board fare collection, advanced bus technology, and other features that support the long-term corridor investment.
(11)
(A)
(B)
(f)
(g)
(1)
(A)
(B)
(2)
(A)
(i) establish the terms of participation by the 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)
(i)
(ii)
(iii)
(iv)
(C)
(i)
(I) describes and analyzes the impacts of the new fixed guideway capital project on transit services and transit ridership;
(II) evaluates the consistency of predicted and actual project characteristics and performance; and
(III) identifies sources of differences between predicted and actual outcomes.
(ii)
(I)
(II)
(aa) the collection of data on the current transit system regarding transit service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;
(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;
(cc) collection of data on the transit system 2 years after the opening of the new fixed guideway capital project, including analogous information on transit service levels and ridership patterns and information on the as-built scope and capital costs of the project; and
(dd) analysis of the consistency of predicted project characteristics with the after data.
(D)
(3)
(A)
(i) a full funding grant agreement for the project will be made; and
(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.
(B)
(i)
(ii)
(iii)
(iv)
(4)
(A)
(B)
(C)
(D)
(5)
(h)
(1)
(2)
(3)
(A) the Secretary determines that the net project cost of the project is not more than 10 percent higher than the net project cost estimated at the time the project was approved for advancement into preliminary engineering; and
(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into preliminary engineering.
(4)
(5)
(6)
(7)
(i)
(1)
(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.
(2)
(A)
(B)
(C)
(j)
(1)
(2)
(k)
(1)
(A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts;
(B) evaluations and ratings, as required under subsections (d) and (e), for each such project that is authorized by the Federal Public Transportation Act of 2005; and
(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(2)
(A) conduct an annual review of—
(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and
(ii) the Secretary's implementation of such processes and procedures; and
(B) report to Congress on the results of such review by May 31 of each year.
(l)
(1)
(2)
(A)
(B)
(i) estimates made at the time projects are approved for entrance into final design;
(ii) costs and ridership when the project commences revenue operation; and
(iii) costs and ridership when the project has been in operation for 2 years.
(C)
(3)
(m)
(1)
(A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d);
(B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and
(C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities.
(2)
(A)
(i) $200,000,000 for each of fiscal years 2007 through 2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and
(ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d).
(B)
(C)
(3)
(4)
(5)
(6)
(A) $10,400,000 shall be available in fiscal year 2005 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals;
(B) $15,000,000 shall be available in each of fiscal years 2006 through 2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012, for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and
(C) $5,000,000 shall be available for each of fiscal years 2006 though 3 2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012, for payments to the Denali Commission under the terms of section 307(e) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) for docks, waterfront development projects, and related transportation infrastructure.
(7)
(A)
(i) $2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the San Francisco Water Transit Authority.
(ii) $2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Massachusetts Bay Transportation Authority Ferry System.
(iii) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Camden, New Jersey Ferry System.
(iv) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Governor's Island, New York Ferry System.
(v) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Philadelphia Penn's Landing Ferry Terminal.
(vi) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Staten Island Ferry.
(vii) $650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Maine State Ferry Service, Rockland.
(viii) $350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Swans Island, Maine Ferry Service.
(B)
(i) $11,250,000 for fiscal year 2006.
(ii) $11,500,000 for fiscal year 2007.
(iii) $12,750,000 for fiscal year 2008.
(iv) $13,500,000 for fiscal year 2009.
(v) $13,500,000 for fiscal year 2010.
(vi) $13,500,000 for fiscal year 2011.
(vii) $6,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.
(C)
(D)
(E)
(8)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104–287, §5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102–240, title III, §3049(a), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3009(a), (c)–(h)(1), (3)(D), (i)–(k), June 9, 1998, 112 Stat. 352–357; Pub. L. 105–206, title IX, §9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106–69, title III, §347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106–346, §101(a) [title III, §380], Oct. 23, 2000, 114 Stat. 1356, 1356A–42; Pub. L. 106–554, §1(a)(4) [div. A, §1101], Dec. 21, 2000, 114 Stat. 2763, 2763A–201; Pub. L. 108–88, §8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108–202, §9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, §7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–280, §7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, §8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109–14, §7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109–37, §7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109–40, §7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title III, §3011(a), Aug. 10, 2005, 119 Stat. 1573; Pub. L. 110–244, title II, §201(d), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §433, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2303, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §303, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §133, Sept. 16, 2011, 125 Stat. 350.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5309(a) (1)–(5) | 49 App.:1602(a)(1)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97–424, §313, 96 Stat. 2152. |
| 49 App.:1602(a)(1)(B), (C), (D) (1st, 3d sentences). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(B)–(D), (2)(B), (3), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735, 2736. | |
| 5309(a)(6) | 49 App.:1602(a)(1)(E). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102–240, §3006(a), 105 Stat. 2089. |
| 5309(a)(7) | 49 App.:1602(a)(1)(F). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102–240, §3006(b), 105 Stat. 2089. |
| 5309(b)(1) | 49 App.:1602(b) (1st sentence). | July 9, 1964, Pub. L. 88–365, §3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95–599, §302(b), 92 Stat. 2737. |
| 5309(b)(2) | 49 App.:1602(a)(2)(B). | |
| 5309(b)(3) | 49 App.:1602(b) (8th, last sentences). | |
| 5309(b)(4), (5) | 49 App.:1602(b) (2d–6th sentences). | |
| 5309(c) | 49 App.:1602(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(5); added Jan. 6, 1983, Pub. L. 97–424, §304(b), 96 Stat. 2149. |
| 5309(d) | 49 App.:1602(a)(2)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100–17, §309(e), 101 Stat. 227. |
| 49 App.:1602(a)(3). | ||
| 5309(e)(1) | 49 App.:1602 (note). | Apr. 2, 1987, Pub. L. 100–17, §303(b), 101 Stat. 223. |
| 5309(e) (2)–(7) | 49 App.:1602(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(i); added Apr. 2, 1987, Pub. L. 100–17, §303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102–240, §3010, 105 Stat. 2093. |
| 5309(f)(1) | 49 App.:1602(a)(1)(D) (last sentence). | |
| 5309(f)(2) | 49 App.:1602(a)(1)(D) (2d sentence). | |
| 5309(g) | 49 App.:1602(a)(4). | July 9, 1964, Pub. L. 88–365, §3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100–17, §302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102–240, §3007, 105 Stat. 2090. |
| 5309(h) | 49 App.:1603(a). | July 9, 1964, Pub. L. 88–365, §4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91–453, §3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93–87, §301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93–503, §103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95–599, §303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97–424, §302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102–240, §3006(f), (g), 105 Stat. 2089. |
| 5309(i) | 49 App.:1602(c) (2d, last sentences). | July 9, 1964, Pub. L. 88–365, §3(c), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 964. |
| 5309(j) | 49 App.:1602(b) (7th sentence). | |
| 5309(k) | 49 App.:1602(c) (1st sentence). | |
| 5309(l) | 49 App.:1603(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(d); added Dec. 18, 1991, Pub. L. 102–240, §3006(h)(2), 105 Stat. 2090. |
| 5309(m)(1) | 49 App.:1602(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(1); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102–240, §3006(d)(1), 105 Stat. 2089. |
| 5309(m)(2) | 49 App.:1602(k)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(3); added Dec. 18, 1991, Pub. L. 102–240, §3006(d)(2), 105 Stat. 2089. |
| 5309(m)(3) | 49 App.:1602(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(j); added Apr. 2, 1987, Pub. L. 100–17, §304, 101 Stat. 223. |
| 5309(m)(4) | 49 App.:1602(k)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(2); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224. |
| 5309(n) | 49 App.:1602(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(l); added Apr. 2, 1987, Pub. L. 100–17, §306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102–240, §3006(e), 105 Stat. 2089. |
| 5309(o) | 49 App.:1602(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(n); added Oct. 6, 1992, Pub. L. 102–388, §502(d), 106 Stat. 1566. |
In subsection (a), before clause (1), the words “in accordance with the provisions of this chapter” are omitted as surplus. The words “and on such terms and conditions as the Secretary may prescribe” and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words “(directly, through the purchase of securities or equipment trust certificates, or otherwise)” and “and agencies thereof” are omitted as surplus. In clause (1), the word “detailed” is omitted as surplus. In clause (2), the words “capital projects” are substituted for “the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service” for clarity and consistency in this section. The words “Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real” are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words “the capital costs of” are added for clarity and consistency in this section. The words “highway and” are omitted as surplus.
In subsection (b)(1), the word “finance” is omitted as surplus.
In subsection (b)(2), the words “for real property acquisition” are omitted as surplus. The words “for an approved project” are added for clarity and consistency. The words “which shall be in lieu of the determination required by subparagraph (A)”, “real”, and “connection with” are omitted as surplus.
In subsection (b)(3), the word “comprehensive” is omitted as surplus. The words “by the project” are added for clarity. The words “a period of” and “longer” are omitted as surplus.
In subsection (b)(4), the words “a period not exceeding” and “Each agreement shall provide that” are omitted as surplus. The words “shall be made within the 10-year period” are substituted for “shall not be later than 10 years following the fiscal year in which the agreement is made” to eliminate unnecessary words. The words “if any, over the original cost of the real property” are omitted as surplus. The words “deposit in” are substituted for “credit to” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(5), the word “actual” is omitted as surplus. The words “deposited in” are substituted for “credited to” for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words “grant or loan” are substituted for “assistance” for consistency in the revised section. In clause (1), the words “rail carrier” are substituted for “railroad” for consistency in the revised title and with other titles of the Code.
In subsection (d), before clause (1), the words “Except as provided in subsections (b)(2) and (e) of this section” are added for clarity. In clause (1), the words “through operation or lease or otherwise” are omitted as surplus.
In subsection (e)(2), before clause (A), the word “existing” is added for clarity and consistency.
In subsection (e)(6)(C), the words “Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1915)” are substituted for “the Federal-Aid Highway Act of 1991” because the Federal-Aid Highway Act of 1991 was title I of H.R. 1531, that was not enacted into law but contained predecessor provisions to Part A of title I of H.R. 2950, enacted into law as the Intermodal Surface Transportation Efficiency Act of 1991.
In subsection (f)(1), the words “or entity” are omitted as surplus.
In subsection (f)(2), before clause (A), the words “for a project under subsection (a)(5) of this section” are added for clarity. In clause (B), the words “whether publicly or privately owned” are omitted as surplus.
In subsection (g)(1)(A), the words “The letter shall be regarded as an intention to obligate” are omitted as surplus.
In subsection (g)(1)(D), the words “pursuant to such a letter of intent” are omitted as surplus.
In subsection (g)(2)(A)(i), the words “and conditions” are omitted as being included in “terms”.
In subsection (g)(4), the word “issued” is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete.
In subsection (h), the words “nature and extent of” are omitted as surplus. The words “net project cost” are substituted for “what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues—which portion shall hereinafter be called ‘net project cost’ ” because of the definition of “net project cost” in section 5302(a) of the revised title. The words “Except as provided in paragraph (2) of this subsection” are added for clarity. The words “Such remainder may be provided in whole or in part from other than public sources and any public or private”, “solely”, and “at any time” are omitted as surplus. The words “shall be deemed” are omitted as unnecessary since the text is a statement of a legal conclusion.
In subsection (i), before clause (1), the words “Except for a loan under subsection (b) of this section” are added for clarity. The words “made under this section” and “at a rate” are omitted as surplus. In clause (1), the word “market” is omitted as surplus. In clause (2), the words “under the program” are omitted as surplus.
In subsection (j), the words “loan and interest” are substituted for “principal and accrued interest on the loan then outstanding” to eliminate unnecessary words.
In subsection (m)(1)(B) and (3), the word “existing” is added for clarity and consistency.
In subsection (m)(1), before clause (A), the words “Subject to paragraph (3)” are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (m)(3), before clause (A), the words “Not later than 30 days after April 2, 1987” are omitted as executed. The words “prepare and” are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2089) and clause (D) was not carried forward.
In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired.
In subsection (n)(2), the words “Subject to the provisions of this paragraph”, “the Federal share of which the Secretary is authorized to pay under this subsection”, and “actually” are omitted as surplus.
This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 800).
This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.
This amends 49:5309(m)(1)(A) to make a conforming amendment.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (d)(6)(A)(i), (e)(9), (11)(A), (f), (h)(7), and (l)(2)(A), (3), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
The National Environmental Policy Act of 1969, referred to in subsec. (g)(3)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (g)(4)(C), is section 3032(g)(2) of Pub. L. 102–240, title III, Dec. 18, 1991, 105 Stat. 2125, which is not classified to the Code.
The Federal Public Transportation Act of 2005, referred to in subsec. (k)(1)(B), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
Section 307(e) of the Denali Commission Act of 1998, referred to in subsec. (m)(6)(C), is section 307(e) of title III of div. C of Pub. L. 105–277, which is set out as a note under section 3121 of Title 42, The Public Health and Welfare.
Section 3045 of the Federal Public Transportation Act of 2005, referred to in subsec. (m)(7)(B), is section 3045 of Pub. L. 109–59, which is set out as a note under section 5308 of this title.
Pub. L. 111–322, §2303(4)–(7), which directed amendment of subpars. (B) to (E) of subsec. (m) of this section without specifying the paragraph to be amended, was executed to subpars. (B) to (E) of par. (7) of subsec. (m), to reflect the probable intent of Congress. See 2010 Amendment notes below.
2011—Subsec. (m)(2). Pub. L. 112–30, §133(1)(A), (B), substituted “Fiscal years 2006 through 2011 and the period beginning on October 1, 2011, and ending on March 31, 2012” for “Fiscal years 2006 through 2011” in heading and “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” in introductory provisions.
Pub. L. 112–5, §303(1)(A), (B), substituted “Fiscal years 2006 through 2011” for “Fiscal years 2006 through 2010 and October 1, 2010, through March 4, 2011” in heading and “2011” for “2010, and during the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
Subsec. (m)(2)(A)(i). Pub. L. 112–30, §133(1)(C), substituted “2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, §303(1)(C), substituted “2011” for “2010, and $84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(6)(B). Pub. L. 112–30, §133(2)(A), substituted “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, §303(2)(A), substituted “2011” for “2010, and $6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(6)(C). Pub. L. 112–30, §133(2)(B), substituted “2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, §303(2)(B), substituted “2011” for “2010, and $2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(7)(A). Pub. L. 112–30, §133(3)(A)(i), substituted “2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” and struck out “each fiscal year” before colon.
Pub. L. 112–5, §303(3)(A)(i)–(iii), struck out cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2011” for “$10,000,000 shall be available in each of fiscal years 2006 through 2010” in introductory provisions, redesignated subcls. (I) to (VIII) of former cl. (i) as cls. (i) to (viii), respectively, struck out former cl. (ii) which provided a special rule for Oct. 1, 2010, through Mar. 4, 2011, and realigned margins.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–30, §133(3)(A)(ii), (iii), substituted “$2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$2,500,000”.
Subsec. (m)(7)(A)(iii). Pub. L. 112–30, §133(3)(A)(iv), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Subsec. (m)(7)(A)(iv). Pub. L. 112–30, §133(3)(A)(v), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Pub. L. 112–5, §303(3)(A)(iv), inserted a period at the end.
Subsec. (m)(7)(A)(v), (vi). Pub. L. 112–30, §133(3)(A)(vi), (vii), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Subsec. (m)(7)(A)(vii). Pub. L. 112–30, §133(3)(A)(viii), substituted “$650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$650,000”.
Subsec. (m)(7)(A)(viii). Pub. L. 112–30, §133(3)(A)(ix), substituted “$350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$350,000”.
Subsec. (m)(7)(B). Pub. L. 112–5, §303(3)(B)(i), struck out “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” after cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 112–5, §303(3)(B)(ii), added cl. (vi).
Subsec. (m)(7)(B)(vii). Pub. L. 112–30, §133(3)(B), added cl. (vii).
Subsec. (m)(7)(C). Pub. L. 112–30, §133(3)(C), substituted “fiscal year and during the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, §303(3)(C), struck out “, and during the period beginning October 1, 2010, and ending March 4, 2011,” after “year”.
Subsec. (m)(7)(D). Pub. L. 112–30, §133(3)(D), substituted “fiscal year and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, §303(3)(D), struck out “, and not less than $14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.
Subsec. (m)(7)(E). Pub. L. 112–30, §133(3)(E), substituted “fiscal year and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, §303(3)(E), struck out “, and $1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.
2010—Subsec. (m)(2). Pub. L. 111–322, §2303(1)(A), (B), substituted “March 4, 2011” for “December 31, 2010” in heading and introductory provisions.
Pub. L. 111–147, §433(1)(A), (B), substituted “
Subsec. (m)(2)(A)(i). Pub. L. 111–322, §2303(1)(C), substituted “$84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010”.
Pub. L. 111–147, §433(1)(C), substituted “2010, and $50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.
Subsec. (m)(6)(B). Pub. L. 111–322, §2303(2)(A), which directed substitution of “$6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$3,750,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.
Pub. L. 111–147, §433(2)(A), substituted “2010, and $3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.
Subsec. (m)(6)(C). Pub. L. 111–322, §2303(2)(B), substituted “$2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §433(2)(B), substituted “2010, and $1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010,” for “2009”.
Subsec. (m)(7)(A). Pub. L. 111–147, §433(3)(A), inserted cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2010” for “$10,000,000 shall be available in each of fiscal years 2006 through 2009” in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VIII), respectively, of cl. (i), and added cl. (ii).
Subsec. (m)(7)(A)(ii). Pub. L. 111–322, §2303(3)(A)(iii), substituted “155/365ths” for “25 percent”.
Pub. L. 111–322, §2303(3)(A)(ii), which directed substitution of “$4,246,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$2,500,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$2,500,000 shall be available in the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.
Pub. L. 111–322, §2303(3)(A)(i), substituted “March 4, 2011” for “December 31, 2010” in the heading.
Subsec. (m)(7)(B). Pub. L. 111–322, §2303(4), which directed general amendment of cl. (vi), was executed by substituting “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “(vi) $3,375,000 for the period beginning October 1, 2010, and ending December 31, 2010.” See Codification note above.
Subsec. (m)(7)(B)(v). Pub. L. 111–147, §433(3)(B), added cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 111–147, §433(3)(B), added cl. (vi).
Subsec. (m)(7)(C). Pub. L. 111–322, §2303(5), substituted “March 4, 2011” for “December 31, 2010”. See Codification note above.
Pub. L. 111–147, §433(3)(C), inserted “, and during the period beginning October 1, 2010, and ending December 31, 2010,” after “fiscal year”.
Subsec. (m)(7)(D). Pub. L. 111–322, §2303(6), substituted “$14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.
Pub. L. 111–147, §433(3)(D), inserted “, and not less than $8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.
Subsec. (m)(7)(E). Pub. L. 111–322, §2303(7), substituted “$1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.
Pub. L. 111–147, §433(3)(E), inserted “, and $750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.
2008—Subsec. (d)(5)(B). Pub. L. 110–244, §201(d)(1), substituted “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “regulation.”
Subsec. (e)(6)(B). Pub. L. 110–244, §201(d)(2), substituted “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “subsection.”
Subsec. (m)(2)(A). Pub. L. 110–244, §201(d)(3), substituted “Capital” for “Major capital” in heading.
Subsec. (m)(7)(B). Pub. L. 110–244, §201(d)(4), substituted “section 3045” for “section 3039” in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities.
Subsec. (m)(1). Pub. L. 109–40, §7(a)(1), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(a)(1), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(a)(1), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(a)(1), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(a)(1), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (m)(2)(B)(iii). Pub. L. 109–40, §7(a)(2), substituted “
Pub. L. 109–37, §7(a)(2), substituted “
Pub. L. 109–35, §7(a)(2), substituted “
Pub. L. 109–20, §7(a)(2), substituted “
Pub. L. 109–14, §7(a)(2), substituted “
Subsec. (m)(3)(B). Pub. L. 109–40, §7(a)(3), substituted “$2,470,000” for “$2,465,754” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(a)(3), substituted “$2,465,754” for “$2,430,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(a)(3), substituted “$2,430,000” for “$2,400,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(a)(3), substituted “$2,400,000” for “$2,250,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(a)(3), substituted “$2,250,000” for “$2,000,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (m)(3)(C). Pub. L. 109–40, §7(a)(4), substituted “$41,506,850” for “$41,095,900” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(a)(4), substituted “$41,095,900” for “$40,500,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(a)(4), substituted “$40,500,000” for “$40,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(a)(4), substituted “$40,000,000” for “$37,500,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(a)(4), substituted “$37,500,000” for “$33,333,333” and “June 30, 2005” for “May 31, 2005”.
2004—Subsec. (m)(1). Pub. L. 108–310, §8(a)(1), inserted “and for the period of October 1, 2004, through May 31, 2005” after “2004” in introductory provisions.
Pub. L. 108–280, §7(a)(1)(A), struck out “2003 and for the period of October 1, 2003, through July 31,” before “2004” in introductory provisions.
Pub. L. 108–263, §7(a)(1)(A), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(a)(1)(A), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(a)(1)(A), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (m)(1)(A). Pub. L. 108–280, §7(a)(1)(B), substituted “, except for fiscal year 2004 during which $1,206,506,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (B), substituted “July 31, 2004” for “June 30, 2004” and “$999,489,679” for “$899,540,711”.
Pub. L. 108–224, §7(a)(1)(B), substituted “June 30, 2004, during which $899,540,711 will be available” for “April 30, 2004, during which $699,642,775 will be available”.
Pub. L. 108–202, §9(a)(1)(B), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available” after “modernization”.
Subsec. (m)(1)(B). Pub. L. 108–280, §7(a)(1)(C), substituted “, except for fiscal year 2004 during which $1,323,794,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (C), substituted “July 31, 2004” for “June 30, 2004” and “$1,096,653,013” for “$986,987,712”.
Pub. L. 108–224, §7(a)(1)(C), substituted “June 30, 2004, during which $986,987,712 will be available” for “April 30, 2004, during which $767,657,109 will be available”.
Pub. L. 108–202, §9(a)(1)(C), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available” before the semicolon.
Subsec. (m)(1)(C). Pub. L. 108–280, §7(a)(1)(D), substituted “, except for fiscal year 2004 during which $607,200,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (D), substituted “July 31, 2004” for “June 30, 2004” and “$503,014,600” for “$452,713,140”.
Pub. L. 108–224, §7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting “2003, and ending on June 30, 2004, during which $452,713,140 will be available” for “2003 and ending on April 30, 2004, during which $352,110,220 will be available”, to reflect the probable intent of Congress.
Pub. L. 108–202, §9(a)(1)(D), inserted “, except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available” after “facilities”.
Subsec. (m)(2)(B)(i). Pub. L. 108–280, §7(a)(2)(A), substituted “2004” for “2003”.
Subsec. (m)(2)(B)(iii). Pub. L. 108–310, §8(a)(2), added cl. (iii).
Pub. L. 108–280, §7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: “Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i).”
Pub. L. 108–263, §7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–224, §7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–202, §9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i).”
Subsec. (m)(3)(B). Pub. L. 108–310, §8(a)(3), inserted “(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)” after “2004”.
Pub. L. 108–280, §7(a)(3), substituted “2004” for “2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)”.
Pub. L. 108–263, §7(a)(3), substituted “$2,485,250” for “$2,236,725” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(a)(3), substituted “$2,236,725” for “$1,750,000” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(a)(3), substituted “$1,750,000” for “$1,250,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (m)(3)(C). Pub. L. 108–310, §8(a)(4), inserted “, and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005,” after “2004)”.
Pub. L. 108–280, §7(a)(4), substituted “1999 through 2004” for “1999 through 2003”, “$50,000,000” for “$41,420,833”, and “fiscal year 2004” for “the period October 1, 2003, through July 31, 2004”.
Pub. L. 108–263, §7(a)(4), substituted “$41,420,833” for “$37,278,750” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(a)(4), substituted “$37,278,750” for “$28,994,583” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(a)(4), substituted “$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities” for “$20,833,334 shall be available” and “April 30, 2004” for “February 29, 2004”.
Subsec. (o)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
2003—Subsec. (m)(1). Pub. L. 108–88, §8(a)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (m)(2)(B). Pub. L. 108–88, §8(a)(2), added cl. (iii).
Subsec. (m)(3)(B). Pub. L. 108–88, §8(a)(3), inserted “(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
Subsec. (m)(3)(C). Pub. L. 108–88, §8(a)(4), inserted “(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
2000—Subsec. (g)(4). Pub. L. 106–346 designated existing provisions as subpar. (A) and added subpars. (B) to (G).
Subsec. (g)(4)(D)(2). Pub. L. 106–554 struck out “light” before “rail extension”.
1999—Subsec. (g)(1)(B). Pub. L. 106–69 inserted “and the House and Senate Committees on Appropriations” after “Committee on Banking, Housing, and Urban Affairs of the Senate”.
1998—Pub. L. 105–178, §3009(a), substituted “Capital investment” for “Discretionary” in section catchline.
Subsec. (a)(1)(E) to (H). Pub. L. 105–178, §3009(c), added subpars. (E) and (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and struck out former subpar. (E) which read as follows: “transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential development, because the projects—
“(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or
“(ii) establish new or enhanced coordination between mass transportation and other transportation;”.
Subsec. (c). Pub. L. 105–178, §3009(d), amended subsec. (c) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(c)
“(1) owned by a rail carrier subject to reorganization under title 11; and
“(2) used to provide commuter rail transportation.”
Subsec. (e). Pub. L. 105–178, §3009(k)(1), as added by Pub. L. 105–206, §9009(g), in par. (3)(C), substituted “suburban sprawl” for “urban sprawl”, and in par. (6), substituted “or ‘not recommended’, based” for “or not ‘recommended’, based” in second sentence and inserted “of the” before “criteria established” in last sentence.
Pub. L. 105–178, §3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, subsec. (e) related to, in par. (1), applicability of subsection to projects, in par. (2), approval of grants or loans for capital projects, in par. (3), criteria for making approval decisions, in par. (4), issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment, in par. (5), advancement of project from alternatives analysis to preliminary engineering, in par. (6), exemptions from requirements of subsection, and in par. (7), requirement of full financing agreement.
Subsec. (f). Pub. L. 105–178, §3009(h)(1), amended subsec. (f) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(f)
“(2) Eligible costs for a project under subsection (a)(5) of this section—
“(A) include property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; but
“(B) do not include construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation.”
Subsec. (g). Pub. L. 105–178, §3009(f)(1), substituted “Funding” for “Financing” in heading.
Subsec. (g)(1)(B). Pub. L. 105–178, §3009(f)(3), substituted “At least 60 days” for “At least 30 days” and “letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project” for “issuance of the letter” and inserted “or entering into a full funding grant agreement” after “subparagraph (A) of this paragraph”.
Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105–178, §3009(f)(2), substituted “full funding” for “full financing”.
Subsec. (g)(4). Pub. L. 105–178, §3009(k)(2), as added by Pub. L. 105–206, §9009(g), substituted “5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems” for “5338(a) of this title to carry out this section or an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003”.
Pub. L. 105–178, §3009(f)(2), (4), substituted “full funding” for “full financing” before “grant agreements” in two places and “an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003” for “50 percent of the uncommitted cash balance remaining in the Mass Transit Account of the Highway Trust Fund (including amounts received from taxes and interest earned that are more than amounts previously obligated)”.
Subsec. (m). Pub. L. 105–178, §3009(k)(3), as added by Pub. L. 105–206, §9009(g), substituted “5338(b)” for “5338” in introductory provisions of par. (1), added par. (2) and struck out former par. (2) relating to limitation on amounts available for activities other than final design and construction, redesignated par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par. (5) relating to funding for ferry boat systems.
Pub. L. 105–178, §3009(g), reenacted heading without change and amended text of subsec. (m) generally, substituting provisions allocating amounts for fiscal years 1998 to 2003 for provisions allocating amounts for each fiscal year ending Sept. 30 from 1993 to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (n)(2). Pub. L. 105–178, §3009(h)(3)(D), as added by Pub. L. 105–206, §9009(h)(3), substituted “in a manner satisfactory” for “in a way satisfactory”.
Subsec. (o). Pub. L. 105–178, §3009(i), added subsec. (o) relating to reports.
Subsec. (p). Pub. L. 105–178, §3009(j), added subsec. (p).
1997—Subsec. (m)(1). Pub. L. 102–240, §3049(a), as added by Pub. L. 105–130, inserted “, and for the period of October 1, 1997, through March 31, 1998” after “1997”.
1996—Subsec. (a). Pub. L. 104–287, §5(12)(A), designated existing provisions as par. (1), redesignated former pars. (1) to (7) as subpars. (A) to (G) of par. (1), respectively, and former subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar. (E), respectively, and added par. (2).
Subsec. (e)(4)(B). Pub. L. 104–287, §5(12)(B), substituted “paragraph (2)” for “paragraph (1)(B)”.
Subsec. (g)(1)(B). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (m)(1)(A). Pub. L. 104–287, §5(12)(C), inserted “rail” before “fixed guideway modernization”.
Subsec. (m)(3). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by section 5(12) of Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 111–117, div. A, title I, §173, Dec. 16, 2009, 123 Stat. 3066, provided that: “Hereafter, for interstate multi-modal projects which are in Interstate highway corridors, the Secretary shall base the rating under section 5309(d) of title 49, United States Code, of the non-New Starts share of the public transportation element of the project on the percentage of non-New Starts funds in the unified finance plan for the multi-modal project: Provided, That the Secretary shall base the accounting of local matching funds on the total amount of all local funds incorporated in the unified finance plan for the multi-modal project for the purposes of funding under chapter 53 of title 49, United States Code[,] and title 23, United States Code: Provided further, That the Secretary shall evaluate the justification for the project under section 5309(d) of title 49, United States Code, including cost effectiveness, on the public transportation costs and public transportation benefits.”
Pub. L. 110–244, title II, §201(p), June 6, 2008, 122 Stat. 1615, provided that: “In carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider—
“(1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and
“(2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed.”
Pub. L. 109–59, title III, §3011(c), Aug. 10, 2005, 119 Stat. 1588, as amended by Pub. L. 111–147, title IV, §437(b)(1), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, §2307(b)(1), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(b)(1), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(b)(1), Sept. 16, 2011, 125 Stat. 354, provided that:
“(1)
“(2)
“(3)
“(A) An identification of the new fixed guideway capital project that has not entered into a full funding grant agreement or project construction grant agreement with the Federal Transit Administration.
“(B) A schedule and finance plan for the construction of and operation of the proposed project.
“(C) An analysis of the costs, benefits, and efficiencies of the proposed public-private partnership agreement.
“(4)
“(A) State and local laws permit public-private agreements for all phases of project development, construction, and operation of the project;
“(B) the recipient is unable to advance the project due to fiscal constraints; and
“(C) the plan implementing the public-private partnership is justified.
“(5)
“(6)
Pub. L. 105–200, title IV, §403(b), July 16, 1998, 112 Stat. 670, provided that: “Not later than 2 years after the date of the enactment of this Act [July 16, 1998], the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Ways and Means and on Transportation and Infrastructure of the House of Representatives and the Committees on Finance and on Environment and Public Works of the Senate a report that—
“(1) describes the manner in which funds made available under section 3037 of the Transportation Equity Act for the 21st Century [Pub. L. 105–178, set out as a note below] have been used;
“(2) describes whether such uses of such funds has improved transportation services for low-income individuals; and
“(3) contains such other relevant information as may be appropriate.”
Pub. L. 105–178, title III, §3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105–206, title IX, §9009(i), July 22, 1998, 112 Stat. 856, provided that:
“(a)
“(b)
“(1)
“(2)
Pub. L. 105–178, title III, §3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105–206, title IX, §9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108–88, §8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and reverse commute grants to assist qualified entities in financing eligible projects, was repealed by Pub. L. 109–59, title III, §3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005. See section 5316 of this title.
Pub. L. 91–453, §10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that: “The Secretary of Transportation shall in all ways (including the provision of technical assistance) encourage industries adversely affected by reductions in Federal Government spending on space, military, and other Federal projects to compete for the contracts provided for under sections 3 and 6 of the Federal Transit Act (49 U.S.C. 1602 and 1605) [now 49 U.S.C. 5309 and 5312], as amended by this Act.”
1 So in original. Probably should be “criterion”.
2 See References in Text note below.
3 So in original. Probably should be “through”.
(a)
(1)
(2)
(A) a private nonprofit organization, if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or
(B) a governmental authority that—
(i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or
(ii) certifies that there are not any nonprofit organizations readily available in the area to provide the services described under paragraph (1).
(3)
(4)
(b)
(1)
(2)
(c)
(1)
(A)
(B)
(2)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.
(3)
(d)
(1)
(2)
(A)
(B)
(i) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(ii) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(C)
(e)
(1)
(2)
(f)
(g)
(h)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105–178, title III, §3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5310(a) | 49 App.:1612(b) (1st sentence words before cl. (1)), cls. (1) (words before 3d comma), (2) (words before “with such grants”). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(b) (1st sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 967; restated Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 295; Dec. 18, 1991, Pub. L. 102–240, §3021(1)– (4), 105 Stat. 2110. |
| 5310(b) | 49 App.:1612(c)(2), (3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(c); added Dec. 18, 1991, Pub. L. 102–240, §3021(6), 105 Stat. 2110; Oct. 6, 1992, Pub. L. 102–388, §502(k), 106 Stat. 1567. |
| 5310(c) | 49 App.:1612(c)(1). | |
| 5310(d) | 49 App.:1612(b) (1st sentence cl. (3)). | |
| 5310(e) | 49 App.:1612(b) (1st sentence cls. (1) (words after 3d comma), (2) (words after “service under this subsection”)). | |
| 5310(f) | 49 App.:1612(e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(e); added Jan. 6, 1983, Pub. L. 97–424, §317(c), 96 Stat. 2153; Apr. 2, 1987, Pub. L. 100–17, §327(a)(4), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3021(1), (5), 105 Stat. 2110. |
| 5310(g) | 49 App.:1612(c)(4). | |
| 5310(h) | 49 App.:1612(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(f); added Apr. 2, 1987, Pub. L. 100–17, §321, 101 Stat. 235; restated Dec. 18, 1991, Pub. L. 102–240, §3021(5), (7), 105 Stat. 2110, 2111. |
| 5310(i) | 49 App.:1614(g) (related to 1612(b)). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(g) (related to §16(b)); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111. |
| 5310(j) | 49 App.:1604b. | Nov. 26, 1974, Pub. L. 93–503, §108, 88 Stat. 1572. |
In this section, the words “governmental authorities” are substituted for “public bodies” because of section 5302(a) of the revised title.
In subsection (a), before clause (1), the words “In addition to the grants and loans otherwise provided for under this chapter” are omitted as surplus. In clauses (1) and (2), the words “the specific purpose of” are omitted as surplus. In clause (1), the words “or agencies thereof” are omitted as surplus.
In subsection (b), the words “for expenditure”, “to the States”, and “amounts of a” are omitted as surplus.
In subsection (d), the words “A recipient of amounts under this section” are added for clarity to correct an error in the source provisions. The words “under a contract, lease, or other arrangement” are omitted as surplus.
In subsection (e), the words “terms, conditions . . . and provisions” are omitted as surplus.
In subsection (e)(1), the words “and is deemed” are substituted for “and being considered for the purposes of all other laws” for consistency in the revised title and with other titles of the United States Code.
In subsection (e)(2), the words “insofar as may be appropriate” and “necessary or . . . for purposes of this paragraph” are omitted as surplus.
In subsection (f), the words “any applicable” are omitted as surplus. The words “prescribe regulations establishing” are substituted for “not later than ninety days after January 6, 1983, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after January 6, 1983, promulgate final regulations, establishing” to eliminate unnecessary and executed words. Section 3021(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent intent of Congress.
In subsection (g), the words “not later than 60 days following December 18, 1991” are omitted as obsolete. The words “and agencies” are omitted as surplus.
In subsection (j), the words “elderly individuals and individuals with disabilities” are substituted for “elderly and handicapped persons” for consistency.
2005—Pub. L. 109–59, §3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities.
Subsec. (h). Pub. L. 109–59, §3002(b)(2), substituted “Public” for “Mass”.
1998—Pub. L. 105–178 substituted “Formula grants” for “Grants” in section catchline.
Pub. L. 109–59, title III, §3012(b), Aug. 10, 2005, 119 Stat. 1591, as amended by Pub. L. 111–147, title IV, §437(c), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, §2307(c), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(c), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(c), Sept. 16, 2011, 125 Stat. 354, provided that:
“(1)
“(2)
“(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
“(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
“(3)
“(4)
“(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
“(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
“(5)
“(6)
“(7)
“(A) the extent to which funds were used to subsidize existing paratransit service provided in compliance with the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.];
“(B) whether States participating in the pilot program use the funds to provide services to persons with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 differently than States not in the pilot program;
“(C) whether States participating in this pilot program use the funds to provide services to individuals with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 to the detriment of other eligible projects;
“(D) the percentage of funds used to assist elderly individuals;
“(E) the percentage of funds used to assist individuals with disabilities;
“(F) the extent to which States participating in this pilot program serve a wider range of elderly, low income, and persons with disabilities populations;
“(G) whether the pilot program improves services to elderly individuals and individuals with disabilities;
“(H) the extent to which States participating in the pilot program were able to expand the range of transportation alternatives available to elderly individuals and individuals with disabilities; and
“(I) whether the pilot program facilitates or discourages coordination with or integration of other funding sources.
“(8)
Pub. L. 105–178, title III, §3038, June 9, 1998, 112 Stat. 392, as amended by Pub. L. 105–206, title IX, §9009(x), July 22, 1998, 112 Stat. 862; Pub. L. 106–346, §101(a) [title III, §336], Oct. 23, 2000, 114 Stat. 1356, 1356A–31; Pub. L. 108–88, §8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(l), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(l), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(l), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(l), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(l), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §3039(a), Aug. 10, 2005, 119 Stat. 1638, provided that:
“(a)
“(1)
“(A) operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity or connecting 1 or more rural communities with an urban area not in close proximity;
“(B) has the capacity for transporting baggage carried by passengers; and
“(C) makes meaningful connections with scheduled intercity bus service to more distant points.
“(2)
“(3)
“(b)
“(c)
“(1) the identified need for over-the-road bus accessibility for persons with disabilities in the areas served by the applicant;
“(2) the extent to which the applicant demonstrates innovative strategies and financial commitment to providing access to over-the-road buses to persons with disabilities;
“(3) the extent to which the over-the-road bus operator acquires equipment required by the final rule prior to any required timeframe in the final rule;
“(4) the extent to which financing the costs of complying with the Department of Transportation's final rule regarding accessibility of over-the-road buses presents a financial hardship for the applicant; and
“(5) the impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of the requirements on service to rural areas and for low-income individuals.
“(d)
“(e)
“(f)
“(g)
“(1)
“(2)
(a)
(1)
(2)
(b)
(1)
(A) public transportation capital projects;
(B) operating costs of equipment and facilities for use in public transportation; and
(C) the acquisition of public transportation services, including service agreements with private providers of public transportation services.
(2)
(A)
(B)
(C)
(i) the program provides a fair distribution of amounts in the State, including Indian reservations; and
(ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.
(3)
(A)
(B)
(C)
(4)
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related facilities;
(F) revenue vehicle miles; and
(G) ridership.
(c)
(1)
(A) $8,000,000 for fiscal year 2006.
(B) $10,000,000 for fiscal year 2007.
(C) $12,000,000 for fiscal year 2008.
(D) $15,000,000 for fiscal year 2009.
(E) $15,000,000 for fiscal year 2010.
(F) $15,000,000 for fiscal year 2011.
(G) $7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.
(2)
(A) 20 percent shall be apportioned to the States in accordance with paragraph (3); and
(B) 80 percent shall be apportioned to the States in accordance with paragraph (4).
(3)
(A)
(B)
(4)
(d)
(e)
(f)
(1)
(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 public transportation operations and intercity bus carriers.
(2)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.
(4)
(5)
(h)
(i)
(2) This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 809; Pub. L. 105–178, title III, §3014(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3013(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1593–1596; Pub. L. 110–244, title II, §201(e), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §434, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, §2304, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §304, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §134, Sept. 16, 2011, 125 Stat. 351.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5311(a) | 49 App.:1614(c) (3d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(b), (c) (2d, 3d sentences), (d), (e) (1st–4th sentences), (f); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749, 2750. |
| 5311(b)(1) | 49 App.:1614(b) (1st sentence 18th–last words, 2d, last sentences), (c) (2d sentence words between 1st and 2d commas). | |
| 5311(b)(2) | 49 App.:1614(h). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(h); added Apr. 2, 1987, Pub. L. 100–17, §323, 101 Stat. 235. |
| 5311(c) | 49 App.:1614(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, §316(a), 96 Stat. 2153. |
| 49 App.:1614(a) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (2d sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2748; Dec. 18, 1991, Pub. L. 102–240, §3024, 105 Stat. 2112. | |
| 49 App.:1614(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749; Jan. 6, 1983, Pub. L. 97–424, §316(b), 96 Stat. 2153. | |
| 5311(d) | 49 App.:1614(b) (1st sentence 1st–17th words), (c) (2d sentence words before 1st and after 2d commas). | |
| 5311(e)(1) | 49 App.:1614(d). | |
| 5311(e)(2) | 49 App.:1614(c) (4th sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (4th sentence); added Apr. 2, 1987, Pub. L. 100–17, §322, 101 Stat. 235. |
| 5311(f) | 49 App.:1614(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(i); added Dec. 18, 1991, Pub. L. 102–240, §3023, 105 Stat. 2111. |
| 5311(g)(1) | 49 App.:1614(e) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(e) (last sentence); added Dec. 19, 1985, Pub. L. 99–190, §326, 99 Stat. 1289. |
| 5311(g)(2) | 49 App.:1614(e) (1st–4th sentences). | |
| 5311(h) | 49 App.:1614(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(c) (last sentence); added Oct. 6, 1992, Pub. L. 102–388, §502(l), 106 Stat. 1567. |
| 5311(i) | 49 App.:1614(g) (related to this section). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(g) (related to this section); added Nov. 6, 1978, Pub. L. 95–599, §313(a), 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, §3022, 105 Stat. 2111. |
| 5311(j) | 49 App.:1614(f). |
In subsection (a), the words “Eligible” and “and agencies thereof” are omitted as surplus.
In subsection (b)(1), the words “The Secretary of Transportation may make grants” are added for clarity and consistency in this chapter. The word “equitable” is omitted as being included in “fair”.
In subsection (b)(2), the words “establish and” are omitted as executed. The word “direct” is omitted as surplus.
In subsection (c), the words “for expenditure in each fiscal year” are omitted as surplus. The words “so that” are substituted for “Such sums shall be made available for expenditure for public transportation projects in areas other than urbanized areas on the basis of a formula under which” to eliminate unnecessary words. The words “will be entitled to” and “as designated by the Bureau of the Census” are omitted as surplus. The words “United States” are substituted for “all the States” for consistency in the revised title and with other titles of the Code. The words “available”, “a period of”, and “the close of” are omitted as surplus.
In subsection (d), the words “included in a program under subsection (b) of this section” are substituted for 49 App.:1614(b) (1st–17th words) and “which are appropriate for areas other than urbanized areas” to eliminate unnecessary words. The words “for assistance” are added for clarity.
In subsection (e)(1), the words “of funds under this section. Such technical assistance” and “(public and private)” are omitted as surplus.
In subsections (e)(2) and (g)(2), the word “grant” is substituted for “share” for consistency in this chapter.
In subsection (f), the text of 49 App.:1614(i)(3) is omitted as obsolete.
In subsection (f)(1), before clause (A), the words “Subject to paragraph (2)” are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (g)(2), the words “under this chapter”, “as defined by the Secretary”, “Any public or private”, “solely”, and “available in” are omitted as surplus.
Subsection (h) is substituted for 49 App.:1614(c) (last sentence) for clarity and consistency in this chapter and to eliminate unnecessary words.
In subsection (j)(1), the text of 49 App.:1614(f) (1st sentence) is omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words “in carrying out projects” are omitted as surplus.
2011—Subsec. (c)(1)(F). Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: “$6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011.”
Subsec. (c)(1)(G). Pub. L. 112–30 added subpar. (G).
2010—Subsec. (c)(1)(E). Pub. L. 111–147 added subpar. (E).
Subsec. (c)(1)(F). Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.”
Pub. L. 111–147 added subpar. (F).
2008—Subsec. (g)(1)(A). Pub. L. 110–244, §201(e)(1), (2), substituted “for a capital project or project administrative expenses” for “for any purpose other than operating assistance” and struck out “capital” after “net”.
Subsec. (g)(1)(B). Pub. L. 110–244, §201(e)(2), struck out “capital” after “net”.
Subsec. (i)(1). Pub. L. 110–244, §201(e)(3), substituted “Section 5333(b) applies” for “Sections 5323(a)(1)(D) and 5333(b) of this title apply”.
2005—Subsec. (a). Pub. L. 109–59, §3013(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “In this section, ‘recipient’ includes a State authority, a local governmental authority, a nonprofit organization, and an operator of mass transportation service.”
Subsec. (b). Pub. L. 109–59, §3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows:
“(1) The Secretary of Transportation may make grants for transportation projects that are included in a State program of mass transportation service projects (including service agreements with private providers of mass transportation service) for areas other than urbanized areas. The program shall be submitted annually to the Secretary. The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of mass transportation service assisted under this section with transportation service assisted by other United States Government sources.
“(2) The Secretary of Transportation shall carry out a rural transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training, and related support services in nonurbanized areas.”
Subsec. (c). Pub. L. 109–59, §3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall apportion amounts made available under section 5338(a) of this title so that the chief executive officer of each State receives an amount equal to the total amount apportioned multiplied by a ratio equal to the population of areas other than urbanized areas in a State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent of the following: the latest Government census, the population estimate the Secretary of Commerce prepares after the 4th year after the date the latest census is published, or the population estimate the Secretary of Commerce prepares after the 8th year after the date the latest census is published. The amount may be obligated by the chief executive officer for 2 years after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reapportioned among the States for the next fiscal year.”
Subsec. (e). Pub. L. 109–59, §3013(d), inserted “, Planning,” after “Administration” in heading and in text struck out “(1)” before “The Secretary”, substituted “subrecipient” for “recipient”, and struck out par. (2) which read as follows: “Except as provided in this section, a State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.”
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (f)(1). Pub. L. 109–59, §3013(e)(1), inserted heading, struck out “after September 30, 1993,” after “in each fiscal year” in introductory provisions and realigned margins of subpars. (A) to (D).
Subsec. (f)(1)(E). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(2). Pub. L. 109–59, §3013(e)(2), inserted heading and substituted “Secretary, after consultation with affected intercity bus service providers,” for “Secretary of Transportation”.
Subsec. (g). Pub. L. 109–59, §3013(f), substituted “Government” for “Government's” in heading and amended text generally. Prior to amendment, text read as follows:
“(1) In this subsection, ‘amounts of the Government or revenues’ do not include amounts received under a service agreement with a State or local social service agency or a private social service organization.
“(2) A grant of the Government for a capital project under this section may not be more than 80 percent of the net cost of the project, as determined by the Secretary of Transportation. A grant to pay a subsidy for operating expenses may not be more than 50 percent of the net cost of the operating expense project. At least 50 percent of the remainder shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation. Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.”
Subsec. (h). Pub. L. 109–59, §3013(g), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “An amount made available under this section may be used for operating assistance.”
Subsec. (i). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 109–59, §3013(h), which directed amendment of subsec. (j)(1) by substituting “if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees” for “but the Secretary of Labor may waive the application of section 5333(b)”, was executed by making the substitution in subsec. (i)(1) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (i) by Pub. L. 109–59, §3013(g)(2). See above.
Subsec. (j). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i).
1998—Pub. L. 105–178, §3014(a)(1), substituted “Formula grants” for “Financial assistance” in section catchline.
Subsec. (f)(1). Pub. L. 105–178, §3014(a)(2), struck out “10 percent of the amount made available in the fiscal year ending September 30, 1993, and” before “15 percent of the amount” in introductory provisions.
(a)
(1)
(2)
(3)
(b)
(1)
(A) means 1 or more public or private organizations located in the United States that provide public transportation service to the public and 1 or more businesses, including small- and medium-sized businesses, incorporated in a State, offering goods or services or willing to offer goods and services to public transportation operators; and
(B) may include, as additional members, public or private research organizations located in the United States, or State or local governmental authorities.
(2)
(3)
(4)
(5)
(c)
(1)
(A) development, monitoring, assessment, and dissemination domestically of information about worldwide public transportation market opportunities;
(B) cooperation with foreign public sector entities in research, development, demonstration, training, and other forms of technology transfer and exchange of experts and information;
(C) advocacy, in international public transportation markets, of firms, products, and services available from the United States;
(D) informing the international market about the technical quality of public transportation products and services through participation in seminars, expositions, and similar activities; and
(E) offering those Federal Transit Administration technical services which cannot be readily obtained from the United States private sector to foreign public authorities planning or undertaking public transportation projects if the cost of these services will be recovered under the terms of each project.
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105–178, title III, §3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3014(a)–(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597; Pub. L. 110–244, title II, §201(f), June 6, 2008, 122 Stat. 1610.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5312(a) | 49 App.:1605(a). | July 9, 1964, Pub. L. 88–365, §6(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §13(b), 84 Stat. 969. |
| 49 App.:1605(d). | July 9, 1964, Pub. L. 88–365, §6(d), 78 Stat. 305; Sept. 8, 1966, Pub. L. 89–562, §3, 80 Stat. 717; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. | |
| 5312(b)(1) | 49 App.:1607c(a) (1st, 2d sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(a); added Sept. 8, 1966, Pub. L. 89–562, §2(a)(2), 80 Stat. 716. |
| 5312(b)(2) | 49 App.:1607c(a) (3d sentence). | |
| 5312(b)(3) | 49 App.:1607c(a) (last sentence). | |
| 5312(c)(1) | 49 App.:1607b (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §10; added Sept. 8, 1966, Pub. L. 89–562, §2(a)(2), 80 Stat. 716; restated Nov. 6, 1978, Pub. L. 95–599, §306, 92 Stat. 2744. |
| 5312(c)(2) | 49 App.:1603(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739; Apr. 2, 1987, Pub. L. 100–17, §320, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090. |
| 5312(c)(3) | 49 App.:1607b (2d–last sentences). |
In subsections (a) and (b)(1), the words “(or the Secretary of Housing and Urban Development when required by section 5334(i) of this title)” are added for clarity.
In subsection (a), the word “working” is omitted as surplus. The words “departments, agencies, and instrumentalities of the United States Government” are substituted for “other Federal departments and agencies” for consistency in the revised title and with other titles of the United States Code. The words “all phases of”, “(including the development, testing, and demonstration of new facilities, equipment, techniques, and methods)”, “In carrying out the provisions of this section”, “or data as he deems”, “public or private”, and “contained . . . section 1701d–3 of title 12 or . . . other provision of” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “public and private”, “assist in establishing or carrying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to”, and “and qualified” are omitted as surplus. In clause (A), the words “or both” are omitted as surplus.
In subsection (b)(3), the word “appropriate” is added for clarity.
In subsection (c)(1), the words “and agencies thereof” are omitted as surplus.
In subsection (c)(3), before clause (A), the words “public or private training” and “the sum of” are omitted as surplus. In clause (B), the words “in connection with the fellowship” are omitted as surplus.
2008—Subsec. (c). Pub. L. 110–244 substituted “Public Transportation” for “Mass Transportation” in heading.
2005—Pub. L. 109–59, §3014(e)(1), substituted “deployment” for “training” in section catchline.
Subsec. (a). Pub. L. 109–59, §3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transportation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Secretary under another law.”
Subsec. (b). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training.
Subsec. (c). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental authorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation.
Subsec. (c)(2). Pub. L. 109–59, §3014(c), substituted “public or private” for “public and private”.
Subsec. (c)(3). Pub. L. 109–59, §3014(d), struck out “shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and” after “Such revenues”.
Subsec. (d). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b).
Subsec. (d)(1)(A), (2). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (e). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c).
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
1998—Subsecs. (d), (e). Pub. L. 105–178 added subsecs. (d) and (e).
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5313(a) | 49 App.:1622(a)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(a); added Dec. 18, 1991, Pub. L. 102–240, §3030, 105 Stat. 2117; Oct. 6, 1992, Pub. L. 102–388, §502(r), 106 Stat. 1567. |
| 5313(b) | 49 App.:1622(a)(2). | |
| 5313(c) | 49 App.:1622(b)(8) (related to subsection (a)(1)). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(b)(8) (related to subsection (a)(1)); added Dec. 18, 1991, Pub. L. 102–240, §3030, 103 Stat. 2119. |
In subsection (b)(1), the word “total” is omitted as surplus.
In subsection (b)(2), the word “subsection” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
In subsection (b)(3)(A), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
2005—Pub. L. 109–59, §3015(b)(1), substituted “Transit cooperative research program” for “State planning and research programs” in section catchline.
Subsec. (a). Pub. L. 109–59, §3015(a)(2), redesignated par. (2) as subsec. (b) and directed amendment of subsec. (a) by substituting “The amounts made available under subsections (a)(5)(C)(iii) and (d)(1) of section 5338” for “(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title”, which was executed by making the substitution for “(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of this title”, to reflect the probable intent of Congress.
Subsec. (a)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (b). Pub. L. 109–59, §3015(a)(1), (2)(B), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b) which related to apportionment of amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title to States for grants and contracts consistent with the purposes of sections 5303–5306, 5312, 5315, 5317, and 5322 of this title.
Subsec. (c). Pub. L. 109–59, §3015(a)(3), reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, text read as follows: “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.”
1998—Subsec. (a)(1). Pub. L. 105–178, §3029(b)(4), substituted “The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d)” for “Fifty percent of the amounts made available under section 5338(g)(3)”.
Subsec. (b)(1). Pub. L. 105–178, §3029(b)(5), substituted “The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c)” for “Fifty percent of the amounts made available under section 5338(g)(3)”.
(a)
(2) The Secretary shall provide public transportation-related technical assistance, demonstration programs, research, public education, and other activities the Secretary considers appropriate to help public 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 5333(b) of this title applies to an operational grant financed in carrying out section 5312(a) of this title. For a nonrenewable 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 public transportation technology development in coordination with affected entities.
(B) 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.
(6)
(A)
(B)
(i) meets the conditions described in section 501(c)(3) of the Internal Revenue Code of 1986; or
(ii) is an agency of a State or unit of local government.
(C)
(D)
(i)
(ii)
(I) high incidence of renal disease; and
(II) limited access to dialysis facilities.
(E)
(F)
(b)
(c)
(1)
(2)
(A) focuses significantly on serving the needs of the elderly;
(B) has demonstrated knowledge and expertise in senior transportation policy and planning issues;
(C) has affiliates in a majority of the States;
(D) has the capacity to convene local groups to consult on operation and development of senior transportation programs; and
(E) has established close working relationships with the Federal Transit Administration and the Administration on Aging.
(3)
(A) gather best practices from throughout the Nation and provide such practices to local communities that are implementing senior transportation programs;
(B) work with teams from local communities to identify how the communities are successfully meeting the transportation needs of senior citizens and any gaps in services in order to create a plan for an integrated senior transportation program;
(C) provide resources on ways to pay for senior transportation services;
(D) create a web site to publicize and circulate information on senior transportation programs;
(E) establish a clearinghouse for print, video, and audio resources on senior mobility; and
(F) administer the demonstration grant program established under paragraph (4).
(4)
(A)
(i) local transportation organizations;
(ii) State agencies;
(iii) units of local government; and
(iv) nonprofit organizations.
(B)
(i) evaluate the state of transportation services for senior citizens;
(ii) recognize barriers to mobility that senior citizens encounter in their communities;
(iii) establish partnerships and promote coordination among community stakeholders, including public, not-for-profit, and for-profit providers of transportation services for senior citizens;
(iv) identify future transportation needs of senior citizens within local communities; and
(v) establish strategies to meet the unique needs of healthy and frail senior citizens.
(C)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §§3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599; Pub. L. 110–244, title II, §201(g), June 6, 2008, 122 Stat. 1610.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5314(a) | 49 App.:1622(b) (1)–(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §26(b)(1)–(8) (related to this subsection); added Dec. 18, 1991, Pub. L. 102–240, §3030, 105 Stat. 2118. |
| 5314(b) | 49 App.:1622(b)(8) (related to this subsection). |
In subsection (a)(2), the word “subsection” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
In subsection (a)(3), the words “conditions, requirements, and provisions” are omitted as being included in “terms”.
In subsection (a)(4)(C), the word “section” in the source provision is translated as if it were “paragraph” to reflect the apparent intent of Congress.
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (a)(6)(B)(i), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
2008—Subsec. (a)(3). Pub. L. 110–244, which directed substitution of “section 5333(b)” for “section 5323(a)(1)(D)” in subsec. (a)(3) of section 5314, without specifying the Code title to be amended, was executed by making the substitution in subsec. (a)(3) of this section, to reflect the probable intent of Congress.
2005—Pub. L. 109–59, §3016(a)(1), struck out “planning and” before “research” in section catchline.
Subsec. (a)(1). Pub. L. 109–59, §3016(a)(2), substituted “section 5338(d)” for “subsections (d) and (h)(7) of section 5338 of this title” and “, contracts, cooperative agreements, or other agreements” for “and contracts” and struck out “5303–5306,” before “5312,” and “5317,” before “and 5322”.
Subsec. (a)(2). Pub. L. 109–59, §3016(a)(3), substituted “The Secretary shall” for “Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation-related” for “mass transportation-related” and “public transportation” for “mass transportation”.
Subsec. (a)(4)(A). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(4)(B), (C). Pub. L. 109–59, §3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of the Panel members shall represent the supply industry. The Panel shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution.”
Subsec. (a)(6). Pub. L. 109–59, §3016(a)(6), added par. (6).
Subsec. (b). Pub. L. 109–59, §3016(a)(7), substituted “, contract, cooperative agreement, or other agreement under subsection (a) or section 5312,” for “or contract financed under subsection (a) of this section,”.
Subsec. (c). Pub. L. 109–59, §3016(b), added subsec. (c).
1998—Subsec. (a)(1). Pub. L. 105–178, §3029(b)(6), substituted “subsections (d) and (h)(7) of section 5338” for “section 5338(g)(4)”.
Subsec. (a)(2). Pub. L. 105–178, §3016, substituted “$3,000,000” for “$2,000,000”.
(a)
(b)
(1)
(2)
(A) intermodal and public transportation planning;
(B) management;
(C) environmental factors;
(D) acquisition and joint use rights-of-way;
(E) engineering and architectural design;
(F) procurement strategies for public transportation systems;
(G) turnkey approaches to delivering public transportation systems;
(H) new technologies;
(I) emission reduction technologies;
(J) ways to make public transportation accessible to individuals with disabilities;
(K) construction, construction management, insurance, and risk management;
(L) maintenance;
(M) contract administration;
(N) inspection;
(O) innovative finance;
(P) workplace safety; and
(Q) public transportation security.
(c)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104–287, §5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105–206, title IX, §9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 109–59, title III, §3017, Aug. 10, 2005, 119 Stat. 1600.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5315(a) | 49 App.:1625(a) (1st–3d sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §29(a)–(c); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185. |
| 5315(b) | 49 App.:1625(a) (last sentence). | |
| 5315(c) | 49 App.:1625(c). | |
| 5315(d) | 49 App.:1625(b). |
In subsection (a), before clause (1), the word “conduct” is substituted for “administer” for consistency in this section.
In subsection (d), the word “department” is omitted for consistency in this section.
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
2005—Subsecs. (a), (b). Pub. L. 109–59, §3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b).
Subsec. (d). Pub. L. 109–59, §3017(b), struck out “mass” after “public” in two places.
1998—Pub. L. 105–178, §3017(a)(1), as amended by Pub. L. 105–206 substituted “transit” for “mass transportation” in section catchline.
Subsec. (a). Pub. L. 105–178, §3017(a)(2)(A), as amended by Pub. L. 105–206 substituted “national transit institute” for “national mass transportation institute” in introductory provisions.
Subsec. (a)(5). Pub. L. 105–178, §3017(a)(2)(B), as amended by Pub. L. 105–206 inserted “and architectural design” before semicolon at end.
Subsec. (a)(7). Pub. L. 105–178, §3017(a)(2)(C), as amended by Pub. L. 105–206 substituted “delivering” for “carrying out”.
Subsec. (a)(11). Pub. L. 105–178, §3017(a)(2)(D), as amended by Pub. L. 105–206 inserted “, construction management, insurance, and risk management” before semicolon at end.
Subsec. (a)(15), (16). Pub. L. 105–178, §3017(a)(2)(E)–(G), as amended by Pub. L. 105–206 added pars. (15) and (16).
1996—Subsec. (d). Pub. L. 104–287 substituted “sections 5307 and 5309” for “sections 5304 and 5306”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
(a)
(1)
(A) transportation projects to finance planning, capital, and operating costs of providing access to jobs under this chapter;
(B) promoting public transportation by low-income workers, including the use of public transportation by workers with nontraditional work schedules;
(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and
(D) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986.
(2)
(3)
(4)
(A) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces;
(B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or
(C) otherwise facilitate the provision of public transportation services to suburban employment opportunities.
(5)
(6)
(b)
(1)
(2)
(c)
(1)
(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that—
(i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to
(ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State; bears to
(ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all States.
(C) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to
(ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States.
(2)
(A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more;
(B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and
(C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.
(3)
(A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the specified area; or
(B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of this section.
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(h)
(1)
(2)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
(4)
(5)
(i)
(1)
(A) conduct a study to evaluate the grant program authorized by this section; and
(B) transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A).
(2)
(A) conduct a study to evaluate the effectiveness of the grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this section; and
(B) transmit to the committees referred to in paragraph (1)(B) a report describing the results of the study under subparagraph (A).
(Added Pub. L. 109–59, title III, §3018(a), Aug. 10, 2005, 119 Stat. 1601.)
Section 132 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(D), is classified to section 132 of Title 26, Internal Revenue Code.
The Social Security Act, referred to in subsec. (a)(6), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (i), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
A prior section 5316, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, §338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
1 So in original. Probably should be followed by “the”.
(a)
(1)
(2)
(b)
(1)
(2)
(c)
(1)
(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that—
(i) the number of individuals with disabilities in each such urbanized area; bears to
(ii) the number of individuals with disabilities in all such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in each State; bears to
(ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in all States.
(C) 20 percent of the funds shall be apportioned among the States in the ratio that—
(i) the number of individuals with disabilities in other than urbanized areas in each State; bears to
(ii) the number of individuals with disabilities in other than urbanized areas in all States.
(2)
(A) Funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more.
(B) Funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000.
(C) Funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.
(3)
(A)
(B)
(C)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(g)
(1)
(2)
(3)
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
(4)
(5)
(Added Pub. L. 109–59, title III, §3019(a), Aug. 10, 2005, 119 Stat. 1605.)
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
A prior section 5317, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, §5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
(a)
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, §6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5318(a) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(b), 105 Stat. 2184. |
| 5318(b) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(2), 101 Stat. 233. |
| 5318(c) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(3), 101 Stat. 233. |
| 5318(d) | 49 App.:1602(m) (2d–last sentences). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (2d–last sentences); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093. |
| 5318(e) | 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, §317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(c), 105 Stat. 2184. |
| 49 App.:1608 (note). | Apr. 2, 1987, Pub. L. 100–17, 101 Stat. 132, §317(b)(6); added Dec. 18, 1991, Pub. L. 102–240, §6021(d), 105 Stat. 2184. |
In subsection (c), the words “Under the contract entered into under paragraph (2)” are omitted as surplus.
In subsection (d), the words “to the operator of the facility” are omitted as surplus.
In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words “operating and maintaining the facility” are substituted for “described in paragraph (3)” for clarity.
This amends 49:5318(e) to correct an erroneous cross-reference.
2005—Subsec. (a). Pub. L. 109–59, §3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel.”
Subsec. (b). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d). Pub. L. 109–59, §3020(b), substituted “to carry out this section” for “under section 5309(m)(1)(C) of this title”.
Subsec. (e). Pub. L. 109–59, §3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility.”
1998—Subsec. (b). Pub. L. 105–178, §3018(a), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and inserted “or organization” after “qualified person”, “, cooperative agreement, or grant” after “The contract”, and “mass transportation” after “and other”.
Subsec. (d). Pub. L. 105–178, §§3018(b), 3029(b)(8), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and “5309(m)(1)(C) of this title” for “5338(j)(5) of this title”.
1994—Subsec. (e). Pub. L. 103–429 inserted “Uniform” before “Relocation”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
A project to provide access for bicycles to public transportation facilities, to provide shelters and parking facilities for bicycles in or around public transportation facilities, or to install equipment for transporting bicycles on public transportation vehicles is a capital project eligible for assistance under sections 5307, 5309, and 5311 of this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g) of this title, a grant of the United States Government under this chapter for a project made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(d)(1)(K) and the project involves providing bicycle access to public transportation, that grant or portion of that grant shall be at a Federal share of 95 percent.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, §3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(h), June 6, 2008, 122 Stat. 1610.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5319 | 49 App.:1621. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §25; added Apr. 2, 1987, Pub. L. 100–17, §326, 101 Stat. 237. |
The words “For purposes of this chapter” and “racks or other” are omitted as surplus. The word “grant” is substituted for “share” for consistency in this chapter.
2008—Pub. L. 110–244 substituted “section 5307(d)(1)(K)” for “section 5307(k)”.
2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation” wherever appearing.
1998—Pub. L. 105–178 substituted “made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(k) and the project involves providing bicycle access to mass transportation, that grant or portion of that grant shall be at a Federal share of 95 percent” for “under this section is for 90 percent of the cost of the project”.
(a)
(b)
(1)
(A)
(i) ensuring access to all, including persons with disabilities;
(ii) improving conservation and park and public land opportunities in urban areas through partnering with State and local governments; and
(iii) improving park and public land transportation infrastructure.
(B)
(2)
(3)
(c)
(1)
(A) a unit of the National Park System;
(B) a unit of the National Wildlife Refuge System;
(C) a recreational area managed by the Bureau of Land Management;
(D) a recreation area managed by the Bureau of Reclamation; and
(E) a unit of the National Forest System.
(2)
(3)
(4)
(A) a Federal land management agency; or
(B) a State, tribal, or local governmental authority with jurisdiction over land in the vicinity of an eligible area acting with the consent of the Federal land management agency, alone or in partnership with a Federal land management agency or other governmental or nongovernmental participant.
(5)
(A) is an activity described in section 5302(a)(1), 5303, 5304, 5305, or 5309(b);
(B) involves—
(i) the purchase of rolling stock that incorporates clean fuel technology or the replacement of buses of a type in use on the date of enactment of the Federal Public Transportation Act of 2005 with clean fuel vehicles; or
(ii) the deployment of alternative transportation vehicles that introduce innovative technologies or methods;
(C) relates to the capital costs of coordinating the Federal land management agency public transportation systems with other public transportation systems;
(D) provides a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft);
(E) provides waterborne access within or in the vicinity of an eligible area, as appropriate to and consistent with this section; or
(F) is any other alternative transportation project that—
(i) enhances the environment;
(ii) prevents or mitigates an adverse impact on a natural resource;
(iii) improves Federal land management agency resource management;
(iv) improves visitor mobility and accessibility and the visitor experience;
(v) reduces congestion and pollution (including noise pollution and visual pollution); or
(vi) conserves a natural, historical, or cultural resource (excluding rehabilitation or restoration of a non-transportation facility).
(d)
(1) technical assistance in alternative transportation;
(2) interagency and multidisciplinary teams to develop Federal land management agency alternative transportation policy, procedures, and coordination; and
(3) the development of procedures and criteria relating to the planning, selection, and funding of qualified projects and the implementation and oversight of the program of projects in accordance with this section.
(e)
(1)
(2)
(3)
(4)
(f)
(1) if the qualified participant is a Federal land management agency—
(A) the Secretary, in cooperation with the Secretary of the Interior, shall develop transportation planning procedures that are consistent with—
(i) the metropolitan planning provisions under section 5303;
(ii) the statewide planning provisions under section 5304; and
(iii) the public participation requirements under section 5307(d); and
(B) in the case of a qualified project that is at a unit of the National Park System, the planning process shall be consistent with the general management plans of the unit of the National Park System; and
(2) if the qualified participant is a State or local governmental authority, or more than one State or local governmental authority in more than one State, the qualified participant shall—
(A) comply with the metropolitan planning provisions under section 5303;
(B) comply with the statewide planning provisions under section 5304;
(C) comply with the public participation requirements under section 5307(d); and
(D) consult with the appropriate Federal land management agency during the planning process.
(g)
(1)
(2)
(A) visitation levels and the revenue derived from user fees in the eligible area in which the qualified project is carried out;
(B) the extent to which the qualified participant coordinates with a public transportation authority or private entity engaged in public transportation;
(C) private investment in the qualified project, including the provision of contract services, joint development activities, and the use of innovative financing mechanisms;
(D) the clear and direct benefit to the qualified participant; and
(E) any other matters that the Secretary considers appropriate to carry out this section.
(3)
(h)
(1)
(2)
(A) the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment;
(B) the location of the qualified project, to ensure that the selected qualified projects—
(i) are geographically diverse nationwide; and
(ii) include qualified projects in eligible areas located in both urban areas and rural areas;
(C) the size of the qualified project, to ensure that there is a balanced distribution;
(D) the historical and cultural significance of a qualified project;
(E) safety;
(F) the extent to which the qualified project would—
(i) enhance livable communities;
(ii) reduce pollution (including noise pollution, air pollution, and visual pollution);
(iii) reduce congestion; and
(iv) improve the mobility of people in the most efficient manner; and
(G) any other matters that the Secretary of the Interior considers appropriate to carry out this section, including—
(i) visitation levels;
(ii) the use of innovative financing or joint development strategies; and
(iii) coordination with gateway communities.
(i)
(1)
(A) the qualified participant applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section.
(2)
(A)
(B)
(C)
(j)
(1)
(2)
(3)
(A) the qualified project shall, to the extent the Secretary considers appropriate, be carried out through a full funding grant agreement in accordance with section 5309(g); and
(B) the qualified participant shall prepare a project management plan in accordance with section 5327(a).
(k)
(l)
(1)
(A) conserve resources;
(B) prevent or mitigate adverse environmental impact;
(C) improve visitor mobility, accessibility, and enjoyment; and
(D) reduce pollution (including noise pollution and visual pollution).
(2)
(3)
(m)
(n)
(1)
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2)
(Added Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110–244, title II, §201(i), June 6, 2008, 122 Stat. 1610.)
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (c)(5)(B)(i), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
A prior section 5320, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, §6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608.
2008—Subsec. (a). Pub. L. 110–244, §201(i)(7), added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (a)(1)(A). Pub. L. 110–244, §201(i)(1), substituted “intraagency” for “intra-agency” in introductory provisions.
Subsec. (b). Pub. L. 110–244, §201(i)(6), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c).
Subsec. (b)(5)(A). Pub. L. 110–244, §201(i)(2), substituted “5302(a)(1)” for “5302(a)(1)(A)”.
Subsec. (c). Pub. L. 110–244, §201(i)(6), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–244, §201(i)(6), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 110–244, §201(i)(3), inserted “to administer this section and” after “5338(b)(2)(J)”.
Subsec. (d)(4). Pub. L. 110–244, §201(i)(4), added par. (4).
Subsecs. (e) to (j). Pub. L. 110–244, §201(i)(6), redesignated subsecs. (d) to (i) as (e) to (j), respectively. Former subsec. (j) redesignated (k).
Subsec. (k). Pub. L. 110–244, §201(i)(6), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (l).
Subsec. (k)(3). Pub. L. 110–244, §201(i)(5), substituted “subsection (e)(1)” for “subsection (d)(1)”.
Subsecs. (l) to (n). Pub. L. 110–244, §201(i)(6), redesignated subsecs. (k) to (m) as (l) to (n), respectively.
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5321 | 49 App.:1620. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §24; added Apr. 2, 1987, Pub. L. 100–17, §325, 101 Stat. 237. |
2005—Pub. L. 109–59 substituted “public transportation” for “mass transportation”.
Pub. L. 109–59, title III, §3028(c), Aug. 10, 2005, 119 Stat. 1624, provided that: “Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.”
Pub. L. 109–59, title III, §3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that:
“(1)
“(2)
“(A) establish a process to develop security standards for public transportation agencies;
“(B) create a method of direct coordination with public transportation agencies on security matters;
“(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and
“(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security.”
(a)
(1) an employment training program;
(2) an outreach program to increase minority and female employment in public transportation activities;
(3) research on public transportation personnel and training needs; and
(4) training and assistance for minority business opportunities.
(b)
(1)
(2)
(A)
(B)
(C)
(i) tuition and other charges to the fellowship recipient;
(ii) additional costs incurred by the training institution and billed to the grant recipient; and
(iii) 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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5322 | 49 App.:1616. | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §20; added Nov. 6, 1978, Pub. L. 95–599, §315, 92 Stat. 2751. |
In this section, before clause (1), the word “make” is substituted for “provide financial assistance by” to eliminate unnecessary words. The words “national and local” are omitted as surplus. The text of 49 App.:1616 (last sentence) is omitted as surplus.
2005—Pub. L. 109–59, §3022, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
(a)
(1)
(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;
(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and
(C) just compensation under State or local law will be paid to the company for its franchise or property.
(2)
(b)
(1)
(A) provide an adequate opportunity for public review and comment on the project;
(B) after providing notice, hold a public hearing on the project if the project affects significant economic, social, or environmental interests;
(C) consider the economic, social, and environmental effects of the project; and
(D) find that the project is consistent with official plans for developing the community.
(2)
(A) shall include a concise description of the proposed project; and
(B) shall be published in a newspaper of general circulation in the geographic area the project will serve.
(3)
(A) a certification that the applicant has complied with the requirements of this subsection; and
(B) in the environmental record for the project, evidence that the applicant has complied with the requirements of this subsection.
(c)
(d)
(1)
(2)
(A)
(B)
(C)
(e)
(1)
(2)
(3)
(4)
(A)
(B)
(f)
(1)
(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)
(g)
(h)
(1) pay ordinary governmental or nonproject operating expenses; or
(2) support a procurement that uses an exclusionary or discriminatory specification.
(i)
(1)
(2)
(j)
(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)
(4) In this subsection, labor costs involved in final assembly are not included in calculating the cost of components.
(5) 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.
(6) 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 Federal Public Transportation Act of 2005 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.
(7) 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.
(8)
(9)
(k)
(1) shall participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(2) shall be included in the planning for those services.
(l)
(m)
(n)
(o)
(p)
(1) the incidental use does not interfere with the recipient's public transportation operations;
(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity;
(3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and
(4) private entities pay all applicable excise taxes on fuel.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103–429, §6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3020, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §§3002(b)(4), 3023(a)–(i)(3), (j)–(m), Aug. 10, 2005, 119 Stat. 1545, 1615–1619; Pub. L. 110–244, title II, §201(j), June 6, 2008, 122 Stat. 1611.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5323(a)(1) | 49 App.:1602(e). | July 9, 1964, Pub. L. 88–365, §3(e), 78 Stat. 303; Sept. 8, 1966, Pub. L. 89–562, §2(b)(1), 80 Stat. 716; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(1), 84 Stat. 962; Nov. 6, 1978, Pub. L. 95–599, §302(c), 92 Stat. 2737. |
| 5323(a)(2) | 49 App.:1608(e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(e), (g); added Nov. 6, 1978, Pub. L. 95–599, §308(d), 92 Stat. 2747. |
| 5323(b) | 49 App.:1602(d). | July 9, 1964, Pub. L. 88–365, §3(d), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 964. |
| 5323(c) | 49 App.:1608(h)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(h)(1); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233. |
| 5323(d) | 49 App.:1602(f). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(f); added Jan. 4, 1974, Pub. L. 93–650, §1(a), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, §813(a), 88 Stat. 737; Nov. 26, 1974, Pub. L. 93–503, §109(b), 88 Stat. 1573. |
| 5323(e) | 49 App.:1608(g). | |
| 5323(f) | 49 App.:1602(g). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(g); added Nov. 26, 1974, Pub. L. 93–503, §109(a), 88 Stat. 1572. |
| 5323(g) | 49 App.:1602a. | Aug. 13, 1973, Pub. L. 93–87, §164, 87 Stat. 281; Jan. 4, 1974, Pub. L. 93–650, §1(b), 89 Stat. 2–1; Aug. 22, 1974, Pub. L. 93–383, §813(b), 88 Stat. 737. |
| 5323(h) | 49 App.:1602(a)(2)(C). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(C), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736. |
| 5323(i) | 49 App.:1608(m). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(m); added Dec. 18, 1991, Pub. L. 102–240, §3020, 105 Stat. 2110. |
| 5323(j)(1) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(a) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2136; Mar. 9, 1984, Pub. L. 98–229, §10, 98 Stat. 57; Dec. 18, 1991, Pub. L. 102–240, §1048(a), 105 Stat. 1999. |
| 5323(j)(2) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(b) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137; Apr. 2, 1987, Pub. L. 100–17, §§133(a)(6), 337(a)(1), (b), (c), 101 Stat. 171, 241. |
| 5323(j)(3) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(c) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137. |
| 5323(j)(4) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(g) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 2000. |
| 5323(j)(5) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(f) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 1999. |
| 5323(j)(6) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, §165(d) (related to the Urban Mass Transportation Act of 1964), 96 Stat. 2137. |
| 5323(j)(7) | 23:101 (note). | Jan. 6, 1983, Pub. L. 97–424, 96 Stat. 2097, §165(e) (related to the Urban Mass Transportation Act of 1964); added Dec. 18, 1991, Pub. L. 102–240, §1048(b), 105 Stat. 1999. |
| 5323(k) | 49 App.:1607(q). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(q); added Oct. 6, 1992, Pub. L. 102–388, §502(i), 106 Stat. 1566. |
In subsection (a)(1), before clause (A), the words “directly or indirectly”, “any facilities or other”, “reconstructing”, and “for the purpose of providing by contract or otherwise” are omitted as surplus. In clause (C), the words “and adequate”, “acquisition of”, and “applicable” are omitted as surplus. In clause (D), the words “the requirements of” are omitted as surplus.
In subsection (a)(2), the words “may not use” are substituted for “None of the provisions of this chapter shall be construed to authorize” to eliminate unnecessary words. The words “the purpose of financing” are omitted as surplus.
In subsections (b)(1), (c), and (e), the words “except section 5307” are added for clarity because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
In subsection (b)(1), before clause (A), the word “reconstruction” is omitted as surplus. In clause (B), the words “in the matter” are omitted as surplus. In clause (C), the word “environmental” is substituted for “and its impact on the environment” to eliminate unnecessary words. In clause (D), the word “comprehensive” is omitted as surplus.
In subsection (b)(2), the word “description” is substituted for “statement” for clarity.
In subsections (d)–(f) and (h), the word “Federal” is omitted as surplus.
In subsections (d) and (f), the word “provide” is substituted for “engage in”, and the word “transportation” is substituted for “operations”, for consistency.
In subsection (d)(1), the words “with the Secretary”, “and equitable”, and “publicly and privately owned” are omitted as surplus.
In subsection (d)(2), the words “alleged”, “take appropriate action to”, “and conditions”, and “for mass transportation facilities and equipment” are omitted as surplus.
In subsection (e), the words “This subsection shall apply to” and “which is acquiring such buses” are omitted as surplus. The words “occurring on or after November 6, 1978” are omitted as executed. The words “In the case of” are omitted as surplus. The words “may include” are substituted for “the Secretary shall permit . . . to provide in advertising for bids for” to eliminate unnecessary words.
In subsection (f)(1), before clause (A), the words “for use in providing public”, “to any applicant for such assistance”, and “and the Secretary” are omitted as surplus. The word “agrees” is substituted for “shall have first entered into an agreement that such applicant” to eliminate unnecessary words. In clause (A), the words “with respect to operation of a schoolbus program” are omitted as surplus.
Subsection (g) is substituted for 49 App.:1602a to eliminate unnecessary words.
In subsection (j), the word “goods” is substituted for “products” for consistency.
In subsection (j)(1), the words “Notwithstanding any other provision of law” are omitted as surplus.
In subsection (j)(2), before clause (A), the words “The Secretary of Transportation may waive” are substituted for “shall not apply” for clarity. In clause (B), the words “steel, iron, and goods” are substituted for “materials and products” for consistency. In clause (C), before subclause (i), the words “bus and other” are omitted as surplus. In subclauses (i) and (ii), the words “rolling stock” are substituted for “vehicle or equipment” for consistency. In clause (D), the word “contract” is omitted as surplus.
In subsection (j)(4), before clause (A), the words “The Secretary of Transportation may not make a waiver under” are substituted for “shall not apply” for clarity. The words “government of a foreign country” are substituted for “foreign country”, and the word “Government” is added, for consistency in the revised title and with other titles of the United States Code.
In subsection (j)(5), before clause (A), the words “the debarment, suspension, and ineligibility procedures in” are omitted as surplus. The words “department, agency, or instrumentality of the Government” are substituted for “Federal agency” for consistency in the revised title and with other titles of the Code. In clause (A), the word “produced” is substituted for “made” for consistency.
In subsection (k), the word “statewide” is omitted as surplus.
This makes a clarifying amendment to the catchline for 49:5323(j).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5323(l) | 49 App.:1608(j). | July 9, 1964, Pub. L. 88–365, §12(j), as added Apr. 2, 1987, Pub. L. 100–17, §319, 101 Stat. 234. |
The word “review” is substituted for “audit” for clarity. The words “buses and other” are omitted as surplus.
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
The Americans with Disabilities Act of 1990, referred to in subsec. (i)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, as amended, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (i)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Public Transportation Act of 2005, referred to in subsec. (j)(6), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
2008—Subsec. (n). Pub. L. 110–244 substituted “section 5336(d)(2)” for “section 5336(e)(2)”.
2005—Subsec. (a)(1). Pub. L. 109–59, §3023(a)(1), inserted heading and text of par. (1) and struck out former par. (1) which authorized use of financial assistance provided under this chapter for certain purposes only if the Secretary finds the assistance is essential to a program of projects required under sections 5303–5306 of this title, the Secretary finds that the program, to the maximum extent feasible, provides for the participation of private companies, just compensation will be paid to the company for its franchise or property, and the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title.
Subsec. (a)(2). Pub. L. 109–59, §3023(a)(2), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b). Pub. L. 109–59, §3023(b), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions relating to general requirements, notice, and application requirements, consisting of pars. (1) to (3), for provisions relating to application requirements and notice, consisting of pars. (1) and (2).
Subsec. (c). Pub. L. 109–59, §3023(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Amounts appropriated or made available under this chapter after September 30, 1989, may be obligated or expended to acquire a new bus model only if a bus of the model has been tested at the facility established under section 5318 of this title.”
Subsec. (d)(1). Pub. L. 109–59, §3023(d)(1), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (d)(2). Pub. L. 109–59, §3023(d)(2), inserted heading and text of par. (2) and struck out former par. (2) which read as follows: “On receiving a complaint about a violation of an agreement, the Secretary of Transportation shall investigate and decide whether a violation has occurred. If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. In addition to a remedy specified in the agreement, the Secretary may bar a recipient under this subsection or an operator from receiving further assistance when the Secretary finds a continuing pattern of violations of the agreement.”
Subsec. (e). Pub. L. 109–59, §3023(e), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The initial advertising by a State or local governmental authority for bids to acquire buses using financial assistance under this chapter may include passenger seat functional specifications that are at least equal to performance specifications the Secretary of Transportation prescribes. The specifications shall be based on a finding by the State or local governmental authority of local requirements for safety, comfort, maintenance, and life cycle costs.”
Subsec. (f). Pub. L. 109–59, §3023(f), in par. (1) inserted heading and realigned margins, added par. (2), and struck out former par. (2) which read as follows: “An applicant violating an agreement under this subsection may not receive other financial assistance under this chapter.”
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places in introductory provisions.
Subsec. (g). Pub. L. 109–59, §3023(g), substituted “133 and 142” for “103(e)(4) and 142(a) or (c)” in two places.
Subsec. (i). Pub. L. 109–59, §3023(h), substituted “Government's” for “Government” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, inserted “or facilities” after “equipment” wherever appearing, and added par. (2).
Subsec. (j)(3) to (5). Pub. L. 109–59, §3023(i)(1), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Subsec. (j)(6). Pub. L. 109–59, §3023(i)(1)(A), (2), redesignated par. (5) as (6) and substituted “Federal Public Transportation Act of 2005” for “Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914)” in introductory provisions. Former par. (6) redesignated (7).
Subsec. (j)(7), (8). Pub. L. 109–59, §3023(i)(1)(A), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (j)(9). Pub. L. 109–59, §3023(i)(3), added par. (9).
Subsec. (l). Pub. L. 109–59, §3023(j), amended heading and text of subsec. (l) generally. Prior to amendment, text read as follows: “The planning and programming requirements of section 135 of title 23 apply to a grant made under sections 5307–5311 of this title.”
Subsec. (m). Pub. L. 109–59, §3023(k), inserted at end “Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser's requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.”
Subsec. (o). Pub. L. 109–59, §3023(l), substituted “chapter 6 (other than section 609) of title 23” for “the Transportation Infrastructure Finance and Innovation Act of 1998”.
Subsec. (p). Pub. L. 109–59, §3023(m), added subsec. (p).
1998—Subsec. (d). Pub. L. 105–178, §3020(a), substituted “Condition on Charter Bus Transportation Service” for “Buying and Operating Buses” in heading.
Subsec. (i). Pub. L. 105–178, §3020(c), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: “A Government grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment required by the Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equipment that is attributable to complying with those Acts. The Secretary of Transportation, through practicable administrative procedures, may determine the costs attributable to that equipment.”
Subsec. (j)(7). Pub. L. 105–178, §3020(b), inserted heading and amended text of par. (7) generally. Prior to amendment, text read as follows: “Not later than January 1, 1995, the Secretary of Transportation shall submit to Congress a report on purchases from foreign entities waived under paragraph (2) of this subsection in the fiscal years ending September 30, 1992, and September 30, 1993. The report shall indicate the dollar value of items for which waivers were granted.”
Subsecs. (k) to (m). Pub. L. 105–178, §3020(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.
Subsec. (n). Pub. L. 105–178, §3020(e), added subsec. (n).
Subsec. (o). Pub. L. 105–178, §3020(f), added subsec. (o).
1996—Subsecs. (b)(1), (c), (e). Pub. L. 104–287 struck out “(except section 5307)” after “under this chapter”.
1994—Subsec. (j). Pub. L. 103–429, §6(10)(A), substituted “America” for “American” in heading.
Subsec. (l). Pub. L. 103–429, §6(10)(B), added subsec. (l).
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 109–59, title III, §3023(i)(5), Aug. 10, 2005, 119 Stat. 1618, provided that: “Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall issue a final rule on implementation of the requirements of section 5323(j) of title 49, United States Code (in this paragraph referred to as the ‘Buy America requirements’). The purposes of the regulations shall be as follows:
“(A)
“(B)
“(C)
“(D)
Pub. L. 105–178, title III, §3035, June 9, 1998, 112 Stat. 387, provided that:
“(a)
“(b)
(a)
(b)
(1)
(2)
(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)
(i) an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest;
(ii) the preservation and enhancement of the environment and the interest of the community in which the 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)
(C)
(c)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 824; Pub. L. 109–59, title III, §3024(a), Aug. 10, 2005, 119 Stat. 1619.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5324(a) | 49 App.:1606(a). | July 9, 1964, Pub. L. 88–365, §7(a), 78 Stat. 305; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
| 5324(b)(1) | 49 App.:1610(a) (last sentence). | July 9, 1964, Pub. L. 88–365, §14(a) (last sentence)–(c), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §6, 84 Stat. 966. |
| 5324(b)(2) | 49 App.:1610(b). | |
| 5324(b)(3) | 49 App.:1610(c). | |
| 5324(c) | 49 App.:1608(d). | July 9, 1964, Pub. L. 88–365, §12(d), 78 Stat. 307; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(c), 92 Stat. 2747. |
In subsection (a), before clause (1), the word “provided” is substituted for “extended” for clarity. The words “to any project” are omitted as surplus. In clause (2), the words “available . . . displaced” are omitted as surplus.
In subsection (b)(1), the words “Health and Human Services” are substituted for “Health, Education, and Welfare” in section 14(a) (last sentence) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 308) [subsequently changed to the Federal Transit Act by section 3003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)] because of 20:3508(b).
In subsection (b)(2), before clause (A), the words “In carrying out section 5306 of this title” are added for clarity and consistency with subsections (b)(3) and (c) of this section. The word “detailed” is omitted as surplus. In clause (B), the words “should the proposal be implemented” are omitted as surplus. In clause (D), the words “which may be involved in the proposed project should it be implemented” are omitted as surplus.
In subsection (b)(3)(A), before clause (i), the word “financial” is added for clarity. The words “full and complete” are omitted as surplus. In clause (ii), the word “fair” is omitted as surplus. In clause (iii), the word “either” is omitted as surplus.
In subsection (b)(3)(B), the words “before the State or local agency pursuant to section 1602(d) of this Appendix” and “before the State or local public agency . . . to permit him” are omitted as surplus.
In subsection (c), the words “The Secretary of Transportation may not” are substituted for “None of the provisions of this chapter shall be construed to authorize the Secretary to” to eliminate unnecessary words. The words “in any manner . . . mode of” and “rates, fares, tolls, rentals, or other . . . fixed or prescribed . . . by any local public or private transit agency” are omitted as surplus. The words “However, the Secretary may” are substituted for “but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to” to eliminate unnecessary words. The words “local governmental authority, corporation, or association” are substituted for “agency or agencies” for consistency with sections 5309 and 5310 of the revised title.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirements of a relocation program for families displaced by a project, consideration of economic, social, and environmental interests, and prohibition against regulating the operation of a mass transportation system for which a grant is made under section 5309 and regulating any charge for the system after a grant is made.
(a)
(b)
(1)
(2)
(A)
(B)
(C)
(D)
(c)
(d)
(1)
(A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and
(B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment.
(2)
(e)
(1)
(2)
(f)
(1) based on—
(A) initial capital costs; or
(B) performance, standardization, life cycle costs, and other factors; or
(2) with a party selected through a competitive procurement process.
(g)
(h)
(i)
(j)
(1)
(2)
(A) the integrity of the contractor;
(B) the contractor's compliance with public policy;
(C) the contractor's past performance, including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2); and
(D) the contractor's financial and technical resources.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 825; Pub. L. 104–287, §5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3022, June 9, 1998, 112 Stat. 363; Pub. L. 105–206, title IX, §9009(n), July 22, 1998, 112 Stat. 857; Pub. L. 107–217, §3(n)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §3025(a), Aug. 10, 2005, 119 Stat. 1620; Pub. L. 110–244, title II, §201(k), June 6, 2008, 122 Stat. 1611.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5325(a) | 49 App.:1608(b)(1). | July 9, 1964, Pub. L. 88–365, §12(b)(1), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Nov. 6, 1978, Pub. L. 95–599, §308(a)(1), 92 Stat. 2745. |
| 5325(b) | 49 App.:1608(b)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(2); added Nov. 6, 1978, Pub. L. 95–599, §308(a)(2), 92 Stat. 2745; restated Jan. 6, 1983, Pub. L. 97–424, §308, 96 Stat. 2151. |
| 5325(c) | 49 App.:1608(b)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(3); added Apr. 2, 1987, Pub. L. 100–17, §315(a), 101 Stat. 232. |
| 5325(d) | 49 App.:1608(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(b)(4); added Apr. 2, 1987, Pub. L. 100–17, §316, 101 Stat. 232. |
In subsection (a), the words “reconstruction”, “in furtherance of the purposes”, “by applicants”, “procedures as defined by the Secretary”, “of the contracting parties”, and “the operations or activities under” are omitted as surplus. The words “shall be made available to” are substituted for “shall . . . have access to”, and the words “an officer or employee of the Secretary or Comptroller General” are substituted for “any of their duly authorized representatives”, for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for 49 App.:1608(b)(2) for clarity. The text of 49 App.:1608(b)(2) (last sentence) is omitted as executed.
This amends the catchline for 49:5325(d) to make a clarifying amendment.
The Federal Public Transportation Act of 2005, referred to in subsec. (h), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
2008—Subsec. (b)(1). Pub. L. 110–244, §201(k)(1), inserted “adopted before August 10, 2005” before period at end.
Subsec. (b)(2), (3). Pub. L. 110–244, §201(k)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Text read as follows: “Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services.”
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
2002—Subsec. (b). Pub. L. 107–217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”.
1998—Subsec. (b). Pub. L. 105–178, §3022(b), as added by Pub. L. 105–206, inserted “or requirement” after “A contract” and “When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code.” before “This subsection does not apply”.
Pub. L. 105–178, §3022(a)(1), (2), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: “A recipient of financial assistance of the United States Government under this chapter may make a contract to expend that assistance to acquire rolling stock—
“(1) based on—
“(A) initial capital costs; or
“(B) performance, standardization, life cycle costs, and other factors; or
“(2) with a party selected through a competitive procurement process.”
Subsec. (c). Pub. L. 105–178, §3022(a)(1), (3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “A recipient of a grant under section 5307 of this title procuring an associated capital maintenance item under section 5307(b) may make a contract directly with the original manufacturer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipient first certifies in writing to the Secretary that—
“(1) the manufacturer or supplier is the only source for the item; and
“(2) the price of the item is no more than the price similar customers pay for the item.”
Subsec. (d). Pub. L. 105–178, §3022(a)(2), redesignated subsec. (d) as (b).
1996—Subsec. (d). Pub. L. 104–287 substituted “
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3023(a), (b), June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items.
(a)
(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented, systematic approach to the handling of construction change orders;
(6) organizational structures, management skills, and staffing levels required throughout the construction phase;
(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the operational system or its major components;
(11) periodic updates of the plan, especially related to project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts;
(12) the recipient's commitment to submit a project budget and project schedule to the Secretary each month; and
(13) safety and security management.
(b)
(2) The Secretary shall inform the recipient of the reasons when a plan is disapproved.
(c)
(1)
(A) 0.5 percent of amounts made available to carry out section 5305.
(B) 0.75 percent of amounts made available to carry out section 5307.
(C) 1 percent of amounts made available to carry out section 5309.
(D) 0.5 percent of amounts made available to carry out section 5310.
(E) 0.5 percent of amounts made available to carry out section 5311.
(F) 0.5 percent of amounts made available to carry out section 5320.
(2)
(A) Activities to oversee the construction of a major project.
(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under sections 5305, 5307, 5309, 5310, 5311, and 5320.
(C) Activities to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.
(3)
(4)
(5)
(d)
(e)
(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.
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3024, June 9, 1998, 112 Stat. 364; Pub. L. 109–59, title III, §3026, Aug. 10, 2005, 119 Stat. 1622.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5327(a) | 49 App.:1619(d), (e). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(b)–(g); added Apr. 2, 1987, Pub. L. 100–17, §324, 101 Stat. 236. |
| 5327(b) | 49 App.:1619(g). | |
| 5327(c)(1) | 49 App.:1619(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(a); added Apr. 2, 1987, Pub. L. 100–17, §324, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102–240, §3027, 105 Stat. 2115. |
| 5327(c)(2) | 49 App.:1619(h). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §23(h); added Nov. 21, 1989, Pub. L. 101–164, §340, 103 Stat. 1099. |
| 5327(c)(3) | 49 App.:1619(b). | |
| 5327(d) | 49 App.:1619(c). | |
| 5327(e) | 49 App.:1619(f). |
In subsection (a), before clause (1), the words “as required in each case by the Secretary” are omitted as surplus. In clause (11), the words “such items as” and “where applicable” are omitted as surplus.
In subsection (c)(1), the words “Beginning October 1, 1987” are omitted as executed. The words “with any person” are omitted as surplus.
In subsection (c)(2), the words “In addition to the purposes provided for under subsection (a) of this section” and “with any person” are omitted as surplus. The cross-reference to paragraph (1) is not changed. The cross-reference in 49 App.:1619(h), the source provision being restated in this subsection, is no longer correct, but is apparently still meant to apply to funds made available under 49 App.:1619(a).
In subsection (e), before clause (1), the text of 49 App.:1619(f) (2d sentence) is omitted as executed. In clause (1), The words “vehicles or other” and “the performance of” are omitted as surplus.
This amends 49:5327(c)(1) to correct an erroneous cross-reference.
This amends 49:5327(c) to correct an erroneous cross-reference.
The National Capital Transportation Act of 1969, referred to in subsecs. (a) and (d), is Pub. L. 91–143, Dec. 9, 1969, 83 Stat. 320, as amended, which amended section 24 of Title 12, Banks and Banking, and section 684 of former Title 40, Public Buildings, Property, and Works, and repealed sections 651, 652, 661 to 665, 671, 682, and 683 of former Title 40 and provisions set out as notes under section 651 of former Title 40. Section 14(b) of that Act is not classified to the Code. For complete classification of this Act to the Code, see Tables.
2005—Subsec. (a)(13). Pub. L. 109–59, §3026(a), added par. (13).
Subsec. (c). Pub. L. 109–59, §3026(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) specified limitations on use of available amounts for certain purposes.
1998—Subsec. (c)(2). Pub. L. 105–178, §3024(a), substituted “enter into contracts” for “make contracts” and inserted “and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section” before period at end of first sentence.
Subsec. (f). Pub. L. 105–178, §3024(b), added subsec. (f).
1996—Subsec. (c)(1). Pub. L. 104–287 substituted “to carry out a major project under section 5309” for “to carry out a major project under section 5307”.
1994—Subsec. (c)(1). Pub. L. 103–429 substituted “section 5307, 5309, 5311, or 103(e)(4) or that Act” for “section 5307, 5309, 5311, or 103(e)(4) of that Act”.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 107–87, title III, §319, Dec. 18, 2001, 115 Stat. 858, provided that: “Beginning in fiscal year 2002 and thereafter, the Secretary may use up to 1 percent of the amounts made available to carry out 49 U.S.C. 5309 for oversight activities under 49 U.S.C. 5327.”
(a)
(1)
(2)
(3)
(4)
(b)
(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 Transportation and Infrastructure 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)
(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 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, the Hillsboro extension to the Westside Light Rail Project contained in that Act, and the locally preferred alternative for the South/North Corridor Project.
(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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104–205, title III, §336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 109–59, title III, §3027, Aug. 10, 2005, 119 Stat. 1623.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5328(a) | 49 App.:1602(a)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(6)–(8); added Jan. 6, 1983, Pub. L. 97–424, §304(b), 96 Stat. 2150; restated Dec. 18, 1991, Pub. L. 102–240, §3011(a), 105 Stat. 2095. |
| 5328(b) | 49 App.:1602(a)(7). | |
| 5328(c)(1) | 49 App.:1602(a)(8)(C). | |
| 5328(c)(2) | 49 App.:1602(a)(8)(A) (1st–3d sentences). | |
| 5328(c)(3) | 49 App.:1602(a)(8)(B). | |
| 5328(c)(4) | 49 App.:1602(a)(8)(A) (last sentence). |
In subsection (a)(1), the words “the date on which” are omitted as surplus.
In subsection (a)(2), the words “the criteria set forth in” are omitted as surplus.
In subsection (a)(4), the words “negotiate and” are omitted as surplus. The words “under section 5309 of this title” are added for clarity.
In subsection (b)(1)(A), the words “solely at the applicant's discretion” are omitted as surplus.
In subsection (c)(2), the words “if appropriate” are omitted as surplus.
The Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (c)(1)(A), is Pub. L. 102–240, Dec. 18, 1991, 105 Stat. 1914, as amended. Title III of the Act is also known as the Federal Transit Act Amendments of 1991. Provisions defining the New Jersey Urban Core Project are contained in section 3031 of the Act, which is not classified to the Code. For complete classification of this Act to the Code, see Short Title of 1991 Amendment note set out under section 101 of this title and Tables.
The Department of Transportation and Related Agencies Appropriations Act, 1991, referred to in subsec. (c)(1)(E), is Pub. L. 101–516, Nov. 5, 1990, 104 Stat. 2155, as amended. Provisions relating to the Westside Light Rail Program are contained in section 328 of the Act, which is not classified to the Code. For complete classification of this Act to the Code, see Tables.
2005—Subsec. (a)(1). Pub. L. 109–59, §3027(1), inserted heading and substituted “The Secretary shall cooperate with an applicant undertaking an alternatives analysis required by subsections (d) and (e) of section 5309 in the alternatives analysis” for “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”.
Subsec. (a)(2). Pub. L. 109–59, §3027(2), inserted heading and substituted “meets the requirements of subsection (d) or (e) of section 5309” for “is consistent with section 5309(e)”.
Subsec. (a)(3). Pub. L. 109–59, §3027(3), inserted heading, struck out “of construction” after “stage”, and inserted “if the Secretary determines that the project meets the requirements of subsection (d) or (e) of section 5309” before period at end.
Subsec. (a)(4). Pub. L. 109–59, §3027(4), added par. (4) and struck out former par. (4) which read as follows: “The Secretary shall make a full funding 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 5309(o)(1) or an update of the report unless the applicant requests otherwise.”
1998—Subsec. (a)(2). Pub. L. 105–178, §3009(h)(2), substituted “5309(e)” for “5309(e)(1)–(6) of this title”.
Subsec. (a)(4). Pub. L. 105–178, §3009(h)(3)(C), as added by Pub. L. 105–206, §9009(h)(3), substituted “5309(o)(1)” for “section 5309(m)(2) of this title”.
Pub. L. 105–178, §3009(h)(3)(B), as amended by Pub. L. 105–206, §9009(h)(2), substituted “full funding” for “full financing”.
1996—Subsec. (b)(3). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (c)(1)(E). Pub. L. 104–205 struck out “Westside” after “District of Oregon” and “and” after “House Report 101–584,” and inserted before period at end “, and the locally preferred alternative for the South/North Corridor Project”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
(a)
(b)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, §3028(a), Aug. 10, 2005, 119 Stat. 1624.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5329(a) | 49 App.:1618(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(a); added Jan. 6, 1983, Pub. L. 97–424, §318(b), 96 Stat. 2154; Dec. 18, 1991, Pub. L. 102–240, §3026(1), 105 Stat. 2114. |
| 5329(b) | 49 App.:1618(b). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §22(b); added Dec. 18, 1991, Pub. L. 102–240, §3026(2), 105 Stat. 2114. |
In subsection (a), the words “manner of” are omitted as surplus. The word “how” is substituted for “the means which might best be employed” to eliminate unnecessary words. The words “or eliminating” and “from the local public body” are omitted as surplus. The words “a plan is approved and carried out” are substituted for “he approves such plan and the local public body implements such plan” to eliminate unnecessary words.
In subsection (b)(1) and (2), the words “a description of” are added for clarity.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.
(a)
(1) States that have rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration; and
(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the Federal Railroad Administration.
(b)
(c)
(1) establishes and is carrying out a safety program plan for each fixed guideway public 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)
(e)
(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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 831; Pub. L. 109–59, title III, §§3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5330(a) | 49 App.:1624(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §28; added Dec. 18, 1991, Pub. L. 102–240, §3029, 105 Stat. 2116. |
| 5330(b) | 49 App.:1624(a). | |
| 5330(c) | 49 App.:1624(b)(1), (2). | |
| 5330(d) | 49 App.:1624(b)(3). | |
| 5330(e) | 49 App.:1624(c). | |
| 5330(f) | 49 App.:1624(e). |
In subsection (e)(1), the words “under subsection (a) of this section from apportionment for use in any State in a fiscal year” are omitted as surplus.
In subsection (e)(2) and (3), the words “from apportionment” and “for apportionment for use in a State” are omitted as surplus.
2005—Pub. L. 109–59, §3029(a)(1), substituted “State safety oversight” for “Withholding amounts for noncompliance with safety requirements” in section catchline.
Subsec. (a). Pub. L. 109–59, §3029(a)(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “This section applies only to States that have rail fixed guideway mass transportation systems not subject to regulation by the Federal Railroad Administration.”
Subsec. (c)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (d). Pub. L. 109–59, §3029(a)(2), substituted “shall ensure uniform safety standards and enforcement or shall designate” for “may designate”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (f). Pub. L. 109–59, §3029(a)(3), struck out heading and text of subsec. (f). Text read as follows: “Not later than December 18, 1992, the Secretary shall prescribe regulations stating the requirements for complying with subsection (c) of this section.”
(a)
(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) “public transportation” means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.
(b)
(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 public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary of Transportation—
(A) shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and
(B) may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.
(c)
(A) to have used or been impaired by alcohol when on duty; or
(B) to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or regulation.
(2) This section does not supersede any penalty applicable to a public transportation employee under another law.
(d)
(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)
(f)
(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.
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 832; Pub. L. 103–429, §6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–59, title III, §342(a), Nov. 28, 1995, 109 Stat. 608; Pub. L. 109–59, title III, §§3002(b)(3), (4), 3030, Aug. 10, 2005, 119 Stat. 1545, 1625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5331(a) | 49 App.:1618a(a). | Oct. 28, 1991, Pub. L. 102–143, §6, 105 Stat. 962. |
| 5331(b) | 49 App.:1618a(b). | |
| 5331(c) | 49 App.:1618a(f). | |
| 5331(d) | 49 App.:1618a(d). | |
| 5331(e) | 49 App.:1618a(c). | |
| 5331(f) | 49 App.:1618a(e). | |
| 5331(g) | 49 App.:1618a(g). |
In subsection (a), before clause (1), the text of 49 App.:1618a(a)(3) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In clause (3), the words “controlled substances” are substituted for “drug” for consistency in this section.
In subsection (b)(1)(B), the word “also” is omitted as surplus.
In subsection (b)(2)(B), the words “may require” are substituted for “as determined by the Secretary” for clarity and to eliminate unnecessary words.
In subsection (d), the word “samples” is omitted as surplus.
In subsection (d)(2), before subclause (A), the word “subsequent” is omitted as surplus.
In subsection (d)(3), the words “of any individual” are omitted as surplus.
In subsection (d)(4), the words “by any individual” are omitted as surplus.
In subsection (d)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
In subsection (d)(6), the word “Secretary” is substituted for “Department” for consistency in the revised title and with other titles of the United States Code.
In subsection (f)(1), the word “prescribe” is substituted for “adopt” for consistency in the revised title and with other titles of the Code. The word “rule” is omitted as being synonymous with “regulation”. The word “ordinance” is omitted as being included in “law” and “regulation”. The words “whether the provisions apply specifically to mass transportation employees, or to the general public” are omitted as surplus.
In subsection (f)(3), the word “prevent” is substituted for “restrict the discretion of” to eliminate unnecessary words.
In subsection (g) the words “in accordance with such regulations” are omitted as surplus.
This amends 49:5331(a)(3) to correct an erroneous cross-reference.
2005—Subsec. (a)(3). Pub. L. 109–59, §3030(a), substituted “section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46” for “section 20140 or 31306 of this title” and inserted at end “The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (b). Pub. L. 109–59, §3002(b)(3), substituted “Public” for “Mass” in heading.
Subsec. (b)(1)(A). Pub. L. 109–59, §3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”.
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsecs. (b)(1)(B), (2), (c)(2), (e). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
Subsec. (f)(3). Pub. L. 109–59, §3030(c), struck out par. (3) which read as follows: “This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by mass transportation employees.”
Subsec. (g). Pub. L. 109–59, §3030(b), struck out “or section 103(e)(4) of title 23” after “5311 of this title”.
1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: “In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation.”
1994—Subsec. (a)(3). Pub. L. 103–429 substituted “section 20140 or 31306” for “subchapter III of chapter 201 or section 31306”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(b)
(c)
(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)
(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)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 834.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5332(a) | 49 App.:1615(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §19; added Nov. 6, 1978, Pub. L. 95–599, §314, 92 Stat. 2750. |
| 5332(b) | 49 App.:1615(a)(1) (1st sentence). | |
| 5332(c) | 49 App.:1615(a)(2), (3)(A). | |
| 5332(d) | 49 App.:1615(a)(3)(B). | |
| 5332(e) | 49 App.:1615(a)(4). | |
| 5332(f) | 49 App.:1615(a)(1) (last sentence). |
In subsection (a), the words “the term” and “one or more” are omitted as surplus. The words “partnerships, associations, corporations” and “mutual companies, joint-stock companies” are omitted because of 1:1.
In subsection (b), the word “receiving” is substituted for “funded in whole or in part through” to eliminate unnecessary words.
In subsection (c)(2), the words “directly or indirectly”, “issued”, and “necessary” are omitted as surplus.
In subsection (d), before clause (1), the words “does not” are substituted for “fails or refuses to” to eliminate unnecessary words. The words “period of” and “pursuant to paragraph (a) of this subsection” are omitted as surplus. In clause (2), the word “appropriate” is omitted as surplus. In clause (3), the words “proceed under” are substituted for “exercise the powers and functions provided by” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “in any appropriate district court of the United States” and “including injunctive relief” are omitted as surplus.
In subsection (f), the words “considered to be” and “and not in lieu of” are omitted as surplus.
The Civil Rights Act of 1964, referred to in subsecs. (d)(3) and (f), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
(a)
(b)
(2) Arrangements under this subsection shall include provisions that may be necessary for—
(A) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise;
(B) the continuation of collective bargaining rights;
(C) the protection of individual employees against a worsening of their positions related to employment;
(D) assurances of employment to employees of acquired public transportation systems;
(E) assurances of priority of reemployment of employees whose employment is ended or who are laid off; and
(F) paid training or retraining programs.
(3) Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title.
(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.
(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 835; Pub. L. 104–88, title III, §308(e), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–178, title III, §3029(b)(9), June 9, 1998, 112 Stat. 372; Pub. L. 107–217, §3(n)(3), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §§3002(b)(4), 3031, Aug. 10, 2005, 119 Stat. 1545, 1625.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5333(a) | 49 App.:1609(a), (b). | July 9, 1964, Pub. L. 88–365, §13, 78 Stat. 307; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), (b)(2), 80 Stat. 715, 716; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
| 5333(b) | 49 App.:1609(c). |
In subsection (a), the words “take such action as may be necessary to”, “the performance of”, “the assistance of”, and “at rates” are omitted as surplus. The word “same” is added for clarity. The words “duties and powers” are substituted for “authority and functions” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), the reference to sections 5307, 5308, 5310, and 5311 of the revised title is added for clarity because of 49 App.:1607a(e)(1), 1607a–2(a), 1612(b), and 1614(f), restated as sections 5307(n)(2), 5308(b)(1), 5310(a), and 5311(i) of the revised title. The reference to section 5312 is added for clarity because it is intended that 49 App.:1609(c) cover research, development, training, and demonstration projects. The words “terms and conditions of the protective” are omitted as surplus.
In subsection (b)(2), before clause (A), the words “without being limited to” are omitted as being included in “include”. The words “such provisions as may be necessary for” are omitted as surplus. In clause (C), the word “individual” is omitted as surplus.
In subsection (b)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended” in section 13(c) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 307) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).
Reorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
2005—Subsec. (b)(1). Pub. L. 109–59, §3031(1), substituted “5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)” for “5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)” in two places.
Subsec. (b)(2)(D). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (b)(4), (5). Pub. L. 109–59, §3031(2), added pars. (4) and (5).
2002—Subsec. (a). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.
1998—Subsec. (b)(1). Pub. L. 105–178 substituted “5338(b)” for “5338(j)(5)” in two places.
1995—Subsec. (b)(3). Pub. L. 104–88 substituted “11326” for “11347”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
(a)
(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;
(9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;
(10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and
(11) issue regulations as necessary to carry out the purposes of this chapter.
(b)
(1)
(2)
(c)
(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 subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.
(d)
(1) submit each year a budget program as provided in section 9103 of title 31; and
(2) maintain a set of accounts for audit under chapter 35 of title 31.
(e)
(f)
(g)
(1) deprive a State or political subdivision of a State of jurisdiction of the property; or
(2) impair the civil rights, under the laws of a State or political subdivision of a State, of an inhabitant of the property.
(h)
(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.
(4)
(A)
(B)
(C)
(i)
(2) The provisions of title 23 related to the non-Government share apply to amounts under title 23 used for public transportation projects. The provisions of this chapter related to the non-Government share apply to amounts under this chapter used for highway projects.
(j)
(2) Section 6101(b) to (d) of title 41 applies to a contract for more than $1,000 for services or supplies related to property acquired under this chapter.
(k)
(l)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 836; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–316, title I, §127(a), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §§3023(c), 3025(a), (b)(1), (c), June 9, 1998, 112 Stat. 364, 365; Pub. L. 109–59, title III, §§3002(b)(4), 3032, Aug. 10, 2005, 119 Stat. 1545, 1626; Pub. L. 111–350, §5(o)(3), Jan. 4, 2011, 124 Stat. 3853.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5334(a) | 49 App.:1608(a) (1st sentence related to 12:1749a(c) (1)–(3) (1st sentence), (4)–(8), (10)). | July 9, 1964, Pub. L. 88–365, §12(a), 78 Stat. 306; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25. |
| 5334(b) | 49 App.:1608(i)(1), (2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(i)(1), (2); added Apr. 2, 1987, Pub. L. 100–17, §318(a), 101 Stat. 233. |
| 49 App.:1608(i)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(i)(3); added Dec. 18, 1991, Pub. L. 102–240, §3017, 105 Stat. 2108. | |
| 5334(c) | 49 App.:1608(a) (1st sentence related to 12:1749a(a) (less proviso)). | |
| 5334(d) | 49 App.:1608(a) (1st sentence related to 12:1749a(b), last sentence). | |
| 5334(e) | 49 App.:1608(a) (1st sentence related to 12:1749a(a) (proviso)). | |
| 5334(f) | 49 App.:1608(a) (1st sentence related to 12:1749a(c)(3) (last sentence)). | |
| 5334(g) | 49 App.:1608(k). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(k); added Dec. 18, 1991, Pub. L. 102–240, §3018, 105 Stat. 2108. |
| 5334(h) | 49 App.:1607(k). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §8(k); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, §502(a), 106 Stat. 1566. |
| 5334(i) | 49 App.:1608 (note) (related to authority and functions reserved to Secretary of Housing and Urban Development). | Reorg. Plan No. 2 of 1968, eff. June 30, 1968, §1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development), 82 Stat. 1369. |
| 5334(j)(1) | 49 App.:1608(a) (1st sentence related to 12:1749a(e)). | |
| 5334(j)(2) | 49 App.:1608(a) (1st sentence related to 12:1749a(d)). |
In subsections (c)–(f), and (j), the relevant substantive provisions of 12:1749a are substituted for “shall . . . have the functions, powers, and duties set forth in section 1749a of title 12, except subsections (c)(2) and (f) of such section” for clarity. The reference to subsection (c)(2) is omitted as obsolete because section 201(d)(1) of the Housing and Community Development Technical Amendments Act of 1984 (Public Law 98–479, 98 Stat. 2228) repealed 12:1749a(c)(2). The words “(in addition to any authority otherwise vested in him)” are omitted as surplus.
In subsection (a), the text of 49 App.:1608(a) (1st sentence related to 12:1749a(c)(8)) is omitted as obsolete. Before clause (1), the words “carrying out this chapter” are substituted for “the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter” to eliminate unnecessary words. In clause (1), the words “(except terms the Secretary of Labor prescribes under section 5333(b) of this title)” are added for clarity because 49 App.:1608(a) only applies to the Secretary of Transportation and does not supersede the responsibility of the Secretary of Labor. In clause (3), the word “civil” is added for clarity. The words “contract, or other” are omitted as surplus. In clause (4), the words “bid for and . . . at any foreclosure or any other sale” are omitted as surplus. In clause (6), the words “at public or private sale”, “real or personal”, and “upon such terms as he may fix” are omitted as surplus. Clause (8) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(c)(7)) to eliminate unnecessary words. In clause (9), the word “provisions” is omitted as surplus. The words “carry out this chapter” are substituted for “assure that the purposes of this subchapter will be achieved” to eliminate unnecessary words.
In subsection (b), the words “regulatory” and “regulatory proceeding” are substituted for “rulemaking” for consistency in the revised title and because “rule” and “regulation” are synonymous.
In subsection (b)(1), the words “Federal Transit Administration” are substituted for “Urban Mass Transportation Administration” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088). The words “also” and “required by the first sentence of this paragraph” are omitted as surplus.
In subsection (c), before clause (1), the words “In the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter . . . notwithstanding the provisions of any other law” are omitted as surplus. In clause (1), the words “prepare . . . and” and “for wholly owned Government corporations” are omitted as surplus.
Subsection (d) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(b) and last sentence) to eliminate unnecessary words.
In subsection (e), the words “such . . . as the making of loans” are omitted as surplus. The words “under this chapter” are added for clarity. The word “related” is substituted for “in connection with such financial transactions” to eliminate unnecessary words. The words “approved by the Secretary” are omitted as surplus. The word “binding” is substituted for “final and conclusive” to eliminate unnecessary words. The words “and employees” are added for consistency in the revised title and with other titles of the United States Code.
In subsection (f), before clause (1), the words “in any way” are substituted for “complete, administer, remodel and convert, dispose of, lease and otherwise” to eliminate unnecessary words. In clause (1), the words “civil or criminal” are omitted as surplus. In clause (2), the words “political subdivision of a State” are substituted for “local” for consistency.
In subsection (g)(1), before clause (A), the words “facilities and equipment and other”, “(including land)”, and “first” are omitted as surplus.
In subsection (g)(3), the words “and not in lieu of” are omitted as surplus.
Subsection (i) is substituted for section 1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development) of Reorganization Plan No. 2 of 1968 to eliminate unnecessary words. The reference to 49 App.:1602(c)(1) is translated as a reference to 49 App.:1602(e)(1) because section 2(1) of the Urban Mass Transportation Assistance Act of 1970 (Public Law 91–453, 84 Stat. 962) redesignated subsection (c) as subsection (e). The references to 49 App.:1603(a) (1st sentence), 1604, and 1607c(b) and former 49 App.:1607a are omitted as obsolete because of section 103(a) of the National Mass Transportation Act of 1974 (Public Law 93–503, 88 Stat. 1567) and sections 303(b), 305(a), and 307 of the Federal Public Transportation Act of 1978 (Public Law 95–599, 92 Stat. 2737, 2743, 2747). Reference to 49 App.:1607c(c) is omitted because it was enacted after the Reorganization Plan and was not intended to be within the scope of the Plan.
Subsection (j)(1) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(e)) to eliminate unnecessary words.
The date of enactment of this paragraph, referred to in subsec. (h)(4)(C), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
2011—Subsec. (j)(2). Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
2005—Subsec. (a)(10). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (a)(11). Pub. L. 109–59, §3032(1), added par. (11).
Subsec. (b). Pub. L. 109–59, §3032(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 109–59, §3032(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(4). Pub. L. 109–59, §3032(5), added par. (4) and struck out former par. (4) which read as follows: “The Secretary of Transportation shall comply with this section (except subsections (h) and (i)) and sections 5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.”
Subsecs. (d) to (f). Pub. L. 109–59, §3032(3), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §3032(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1), (4)(A). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (h). Pub. L. 109–59, §3032(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” in pars. (1) and (2).
Subsec. (i). Pub. L. 109–59, §3032(2), (3), redesignated subsec. (h) as (i) and struck out heading and text of former subsec. (i). Text read as follows: “The Secretary of Housing and Urban Development shall—
“(1) carry out section 5312(a) and (b)(1) of this title related to—
“(A) urban transportation systems and planned development of urban areas; and
“(B) the role of transportation planning in overall urban planning; and
“(2) advise and assist the Secretary of Transportation in making findings under section 5323(a)(1)(A) of this title.”
Subsecs. (k), (l). Pub. L. 109–59, §3032(6), added subsecs. (k) and (l).
1998—Pub. L. 105–178, §3025(b)(1), inserted “provisions” after “Administrative” in section catchline.
Subsec. (a)(10). Pub. L. 105–178, §3025(a), added par. (10).
Subsec. (b)(4). Pub. L. 105–178, §3023(c), substituted “5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)” for “5323(a)(2), (c) and (e), 5324(c), and 5325 of this title”.
Subsec. (g)(4). Pub. L. 105–178, §3025(c), added par. (4).
1996—Subsec. (b)(1). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (c)(2). Pub. L. 104–316 substituted “for” for “the Comptroller General shall”.
(a)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 838; Pub. L. 104–287, §5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub. L. 104–316, title I, §127(b), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §3026, June 9, 1998, 112 Stat. 365; Pub. L. 109–59, title III, §§3002(b)(4), 3033(a), Aug. 10, 2005, 119 Stat. 1545, 1627.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5335(a) | 49 App.:1608(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §12(j); added Apr. 2, 1987, Pub. L. 100–17, §319, 101 Stat. 234. |
| 49 App.:1611(a). | July 9, 1964, Pub. L. 88–365, §15(a), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, §7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, §111, 88 Stat. 1573. | |
| 49 App.:1611(b). | July 9, 1964, Pub. L. 88–365, §15(b), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89–562, §§2(a)(1), 4, 80 Stat. 715, 717; Oct. 15, 1970, Pub. L. 91–453, §7, 84 Stat. 967; restated Nov. 26, 1974, Pub. L. 93–503, §111, 88 Stat. 1573; Jan. 6, 1983, Pub. L. 97–424, §304(c), 96 Stat. 2150. | |
| 5335(b) | 49 App.:1603(b)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(b)(1); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2738; restated Apr. 2, 1987, Pub. L. 100–17, §307, 101 Stat. 226; Dec. 18, 1991, Pub. L. 102–240, §3006(h) (1), 105 Stat. 2090. |
| 5335(c) | 49 App.:1623(a). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §27; added Dec. 18, 1991, Pub. L. 102–240, §3028, 105 Stat. 2115. |
| 5335(d) | 49 App.:1623(b). |
In subsection (a), the text of 49 App.:1608(j) is omitted as superseded by 31:ch. 75.
In subsection (a)(1), the words “by January 10, 1977” are omitted as executed. The word “maintain” is substituted for “develop, test, and prescribe” for clarity. The text of 49 App.:1611(a) (3d and 4th sentences) is omitted as executed. The words “or data as he deems” and “public or private” are omitted as surplus.
In subsection (a)(2), the words “After July 1, 1978” are omitted as executed. The reference to 49 App.:1604 is omitted as obsolete. The words “for such grant”, “or organization”, “each . . . both”, and “prescribed under subsection (a) of this section” are omitted as surplus.
In subsection (b)(1), the words “commitments, and reservations” are omitted as surplus.
In subsection (b)(2) and (3), the words “uncommitted, and unreserved” are omitted as surplus.
In subsection (b)(3) and (5), the words “last day” are substituted for “close” for consistency.
In subsection (b)(4), the words “a listing of” are omitted as surplus.
In subsection (b)(5), the words “a status report on all” are omitted as surplus.
In subsection (b)(6), the words “a status report on”, “a letter of credit or other”, and “already” are omitted as surplus.
In subsection (d), before clause (1), the words “the transferability provisions of” are omitted as surplus.
This amends 49:5335(d)(2)(B) to amend an erroneous cross-reference.
2005—Pub. L. 109–59, §3033(a), substituted “National transit database” for “Reports and audits” in section catchline, redesignated pars. (1) and (2) of subsec. (a) as subsecs. (a) and (b), respectively, inserted subsec. (b) heading, substituted “The Secretary may award a grant under section 5307 or 5311” for “The Secretary may make a grant under section 5307 of this title” in subsec. (b), and struck out former subsec. (b) which related to submission of a report in January- 1993, on carrying out former section 5307(b)(5) of this title.
Subsec. (a)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation” wherever appearing.
1998—Subsec. (a). Pub. L. 105–178, §3026(a)(1), substituted “National Transit Database” for “Reporting System and Uniform System of Accounts and Records” in heading.
Subsec. (a)(1). Pub. L. 105–178, §3026(a)(2), substituted “using uniform categories” for “by uniform categories,” and “and using a uniform system of accounts” for “and a uniform system of accounts and records”.
Subsecs. (b) to (d). Pub. L. 105–178, §3026(b), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which related to quarterly reports and biennial needs report, respectively.
1996—Subsec. (b). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (c). Pub. L. 104–316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions.
Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (d). Pub. L. 104–316 struck out “and in January of every 2d year after 1993” after “In January 1993” in introductory provisions.
Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation” in introductory provisions.
Subsec. (d)(2)(B). Pub. L. 104–287, §5(18), substituted “Americans with Disabilities Act” for “Americans With Disabilities Act”.
(a)
(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, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations.
(b)
(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.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(B) 4.39 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) the number of fixed guideway vehicle passenger-miles traveled multiplied by the number of fixed guideway vehicle passenger-miles traveled for each dollar of operating cost in an area; divided by
(ii) the total number of fixed guideway vehicle passenger-miles traveled multiplied by the total number of fixed guideway vehicle passenger-miles traveled for each dollar of operating cost in all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed guideway 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.
(D) 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)
(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)
(1) apportion amounts appropriated under subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338 of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and
(2) publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.
(e)
(f)
(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.
(g)
(h)
(i)
(1) one percent shall be apportioned, in fiscal year 2006 and each fiscal year thereafter, to certain urbanized areas with populations of less than 200,000 in accordance with subsection (j); and
(2) any amount not apportioned under paragraph (1) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).
(j)
(1)
(A)
(B)
(i) Passenger miles traveled per vehicle revenue mile.
(ii) Passenger miles traveled per vehicle revenue hour.
(iii) Vehicle revenue miles per capita.
(iv) Vehicle revenue hours per capita.
(v) Passenger miles traveled per capita.
(vi) Passengers per capita.
(2)
(A)
(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to
(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.
(B)
(k)
(1)
(2)
(A)
(B)
(i) an analysis of the availability of appropriate measures to be used as a basis for the distribution of incentive payments;
(ii) the optimal number and size of any incentive programs;
(iii) what types of systems should compete for various incentives;
(iv) how incentives should be distributed; and
(v) the likely effects of the incentive funding system.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 840; Pub. L. 104–287, §5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §§3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373; Pub. L. 109–59, title III, §§3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 110–244, title II, §201(l), June 6, 2008, 122 Stat. 1611.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5336(a)(1) | 49 App.:1607a(a)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(a); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2141; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, §3013(a), 105 Stat. 2106. |
| 49 App.:1607a(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(b)(1)–(3), (c)–(e)(1), (m)(2); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2141, 2147; Apr. 2, 1987, Pub. L. 100–17, §327(b), 101 Stat. 238. | |
| 5336(a)(2) | 49 App.:1607a(a)(2). | |
| 5336(b)(1) | 49 App.:1607a(b)(2) (last sentence). | |
| 5336(b)(2)(A) | 49 App.:1607a(b)(1), (2) (1st sentence). | |
| 5336(b)(2)(B) | 49 App.:1607a(b)(3) (1st sentence). | |
| 5336(b)(2)(C) | 49 App.:1607a(b)(2) (2d sentence), (3) (last sentence). | |
| 5336(b)(2)(D) | 49 App.:1607a(b)(2) (3d sentence). | |
| 5336(b)(2)(E) | 49 App.:1607a(b)(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(b)(4); added Dec. 18, 1991, Pub. L. 102–240, §3013(b), 105 Stat. 2106. |
| 5336(c)(1) | 49 App.:1607a(c)(1), (2), (d) (last sentence). | |
| 5336(c)(2) | 49 App.:1607a(c)(3). | |
| 5336(d)(1) | 49 App.:1607a (k)(2)(A). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(A); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§312(c)(1), (2), 327(b), 101 Stat. 228, 238. |
| 5336(d)(2) | 49 App.:1607a (k)(2)(B). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(B); added Apr. 2, 1987, Pub. L. 100–17, §312(c)(3), 101 Stat. 228; Dec. 18, 1991, Pub. L. 102–240, §3013(i), 105 Stat. 2107. |
| 49 App.:1607a (k)(2)(C). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(k)(2)(C); added Apr. 2, 1987, Pub. L. 100–17, §312(c)(3), 101 Stat. 228. | |
| 5336(e) | 49 App.:1607a(q). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(q); added Apr. 2, 1987, Pub. L. 100–17, §312(e), 101 Stat. 229. |
| 5336(f) | 49 App.:1607a(m)(2). | |
| 5336(g) | 49 App.:1607a(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(n); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§312(d), 327(b), 101 Stat. 229, 238. |
| 5336(h) | 49 App.:1607a(t). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(t); added Dec. 18, 1991, Pub. L. 102–240, §3013(k), 105 Stat. 2108. |
| 5336(i) | 49 App.:1607a(o). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(o); added Jan. 6, 1983, Pub. L. 97–424, §303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§311, 327(b), 101 Stat. 228, 238. |
| 5336(j) | 49 App.:1607a(e)(1). | |
| 5336(k) | 49 App.:1607a(s). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9(s); added Dec. 18, 1991, Pub. L. 102–240, §3013(j), 105 Stat. 2108. |
In this section, the word “apportioned” is substituted for “available”, “shall be available for expenditure”, “made available”, and “made available for expenditure” for clarity and consistency in this chapter.
In subsection (a)(1), before subclause (A), the words “the sum of” are omitted as surplus.
In subsection (b)(2)(D), the word “provided” is omitted as surplus. The words “is deemed” are substituted for “as if . . . were” for consistency in the revised title and with other titles of the United States Code. The words “directly or indirectly” are omitted as surplus.
In subsection (c)(1)(B), before clause (i), the words “of at least 200,000” are added for clarity.
In subsection (d)(1)(D), the words “Notwithstanding the preceding sentence” and “each fiscal year” are omitted as surplus.
In subsection (d)(2), the words “Beginning on October 1, 1991” are omitted as executed. The words “paragraph (1) of this subsection” are substituted for “under this section that may be used for operating assistance by urbanized areas” to eliminate unnecessary words. The words “(if any)” are omitted as surplus. The words “Secretary of Labor” are substituted for “Department of Labor” because of 29:551. The text of 49 App.:1607a(k)(2)(B) (2d sentence) is omitted as executed. The text of 49 App.:1607a(k)(2)(B) (last sentence) is omitted as surplus.
In subsection (e)(1), the words “under section 5338(f) of this title” are added for clarity. The words “in accordance with the provisions of this section” are omitted as surplus.
In subsection (e)(2), the words “established by the preceding sentence” are omitted as surplus.
In subsection (g)(1) and (2), the word “part” is substituted for “amount” for clarity.
In subsection (g)(4), the words “including areas of 200,000 or more population” are omitted as surplus.
In subsection (h), the words “in each fiscal year beginning after September 30, 1991” are omitted as obsolete.
In subsection (i), the words “the close of” are omitted as surplus.
In subsection (j), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.
In subsection (k), the text of 49 App.:1607a(s)(1) is omitted as obsolete.
This amends 49:5336(b)(2) to clarify the restatement of 49 App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 840).
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (k)(2)(A), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
2008—Subsec. (a). Pub. L. 110–244, §201(l)(1)(A), in introductory provisions, substituted “Of the amount apportioned under subsection (i)(2) to carry out section 5307—” for “Of the amount apportioned under subsection (i)(2)—”.
Subsec. (a)(2). Pub. L. 110–244, §201(l)(2), amended Pub. L. 109–59, §3034(d)(2). See 2005 Amendment note below.
Subsec. (c). Pub. L. 110–244, §201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
Subsec. (d)(1). Pub. L. 110–244, §201(l)(1)(B), substituted “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338” for “subsections (a) and (h)(2) of section 5338”.
Subsec. (k). Pub. L. 110–244, §201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
2005—Subsec. (a). Pub. L. 109–59, §3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, could not be executed because of prior amendment by Pub. L. 109–59, §3034(a)(4). See below.
Pub. L. 109–59, §3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions.
Subsec. (a)(2). Pub. L. 109–59, §3034(d)(2), as amended by Pub. L. 110–244, §201(l)(2), inserted before period at end “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”.
Subsec. (b)(1). Pub. L. 109–59, §3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end.
Subsec. (c). Pub. L. 109–59, §3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.
Subsecs. (d) to (f). Pub. L. 109–59, §3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “[Reserved.]”.
Subsec. (g). Pub. L. 109–59, §3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(1). Pub. L. 109–59, §3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (h). Pub. L. 109–59, §3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places.
Pub. L. 109–59, §3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive.”
Subsec. (i). Pub. L. 109–59, §3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).
Subsec. (j). Pub. L. 109–59, §3034(b), added subsec. (j). Former subsec. (j) redesignated (h).
Subsec. (k). Pub. L. 109–59, §3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—
“(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and
“(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area.”
1998—Pub. L. 105–178, §3027(a), substituted “formula grants” for “block grants” in section catchline.
Subsec. (a). Pub. L. 105–178, §3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions.
Subsec. (d). Pub. L. 105–178, §3027(b), amended subsec. (d) generally, substituting “[Reserved.]” for former provisions relating to operating assistance.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”.
1996—Subsec. (b)(2)(A), (B). Pub. L. 104–287, §5(19)(A), inserted at end “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.”
Subsec. (b)(2)(C) to (E). Pub. L. 104–287, §5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection.”
Amendment by section 201(l)(2) of Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 105–178, title III, §3033, June 9, 1998, 112 Stat. 386, provided that:
“(a)
“(b)
(a)
(1) The first $497,700,000 shall be apportioned in the following urbanized areas as follows:
(A) Baltimore, $8,372,000.
(B) Boston, $38,948,000.
(C) Chicago/Northwestern Indiana, $78,169,000.
(D) Cleveland, $9,509,500.
(E) New Orleans, $1,730,588.
(F) New York, $176,034,461.
(G) Northeastern New Jersey, $50,604,653.
(H) Philadelphia/Southern New Jersey, $58,924,764.
(I) Pittsburgh, $13,662,463.
(J) San Francisco, $33,989,571.
(K) Southwestern Connecticut, $27,755,000.
(2) The next $70,000,000 shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A).
(B) 50 percent in other urbanized areas eligible for assistance under section 5336(b)(2)(A) to which amounts were apportioned under this section for fiscal year 1997, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(3) The next $5,700,000 shall be apportioned in the following urbanized areas as follows:
(A) Pittsburgh, 61.76 percent.
(B) Cleveland, 10.73 percent.
(C) New Orleans, 5.79 percent.
(D) 21.72 percent in urbanized areas to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(4) The next $186,600,000 shall be apportioned in each urbanized area to which paragraph (1) applies and in each urbanized area to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(5) The next $70,000,000 shall be apportioned as follows:
(A) 65 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 35 percent to other urbanized areas eligible for assistance under section 5336(b)(2)(A) 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 urbanized area if, before the first day of the fiscal year, the area satisfies the Secretary that the area has modernization needs that cannot adequately be met with amounts received under section 5336(b)(2)(A), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(6) The next $50,000,000 shall be apportioned as follows:
(A) 60 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 40 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(7) Remaining amounts shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 50 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(b)
(c)
(d)
(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.
(e)
(1) 1997
(2)
(f)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103–429, §6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102–240, title III, §3049(b), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX, §9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 109–59, title III, §3035(a), Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, §201(m), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, §435, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, §2305, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, §305, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §135, Sept. 16, 2011, 125 Stat. 352.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5337(a) | 49 App.:1602(h) (1)–(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(1)–(6); added Aug. 22, 1974, Pub. L. 93–503, §110, 88 Stat. 1573; Nov. 6, 1978, Pub. L. 95–599, §302(d), 92 Stat. 2737; restated Dec. 18, 1991, Pub. L. 102–240, §3008, 105 Stat. 2091. |
| 5337(b) | 49 App.:1602(h)(5). | |
| 5337(c) | 49 App.:1602(h)(6). | |
| 5337(d) | 49 App.:1602(h)(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(7); added Oct. 6, 1992, Pub. L. 102–388, §502(c), 106 Stat. 1566. |
In subsection (a), the words “for expenditure” are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.
In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “paragraph” in the source provision is translated as it were “subsection” to reflect the apparent intent of Congress.
In subsection (d)(1), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
This amends 49:5337(a)(4) to correct an erroneous cross-reference.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (f), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
2011—Subsec. (a). Pub. L. 112–30, §135(1), substituted “2012” for “2011” in introductory provisions.
Pub. L. 112–5, §305(1), substituted “2011” for “2010” in introductory provisions.
Subsec. (g). Pub. L. 112–30, §135(2), added subsec. (g).
Pub. L. 112–5, §305(2), struck out subsec. (g). Text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending March 4, 2011, in accordance with subsection (a), except that the Secretary shall apportion 155/365ths of each dollar amount specified in subsection (a).”
2010—Subsec. (a). Pub. L. 111–147, §435(1), substituted “2010” for “2009” in introductory provisions.
Subsec. (g). Pub. L. 111–322 amended subsec. (g) generally. Prior to amendment, text read as follows: “The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a).”
Pub. L. 111–147, §435(2), added subsec. (g).
2008—Subsec. (a). Pub. L. 110–244 substituted “for each of fiscal years 2005 through 2009” for “for each of fiscal years 1998 through 2003” in introductory provisions.
2005—Pub. L. 109–59, §3035(a)(1), substituted “Apportionment based on fixed guideway factors” for “Apportionment of appropriations for fixed guideway modernization” in section catchline.
Subsec. (f). Pub. L. 109–59, §3035(a)(2), added subsec. (f).
2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, §3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted “(e)(1)” for “(e)”, in par. (3)(D), substituted “(2)(B)” for “(2)(B)(ii)” and “(e)(1)” for “(e)”, in par. (4), substituted “(e)(1)” for “(e)”, and in pars. (5) to (7), substituted “(e)(2)” for “(e)” wherever appearing.
Pub. L. 105–178, §3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, §3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(12), which directed substitution of “subsections (b) and (h)(4) of section 5338” for “section 5338(f)”, could not be executed because “section 5338(f)” does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, §3049(b)(1), as added by Pub. L. 105–130, inserted “and for the period of October 1, 1997, through March 31, 1998,” after “1997,” in introductory provisions.
Subsec. (e). Pub. L. 102–240, §3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted “section 5336(b)(2)(A) of this title” for “section 5336(B)(2)(A)”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 108–310, §8(b), Sept. 30, 2004, 118 Stat. 1154, provided that: “The Secretary of Transportation shall determine the amount that each urbanized area is to be apportioned for fixed guideway modernization under section 5337 of title 49, United States Code, on a pro rata basis to reflect the partial fiscal year 2005 funding made available by sections 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title.”
Pub. L. 108–88, §8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Pub. L. 108–202, §9(b), Feb. 29, 2004, 118 Stat. 485; Pub. L. 108–224, §7(b), Apr. 30, 2004, 118 Stat. 633; Pub. L. 108–263, §7(b), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, §7(b), July 30, 2004, 118 Stat. 882.
(a)
(1)
(A)
(B)
(C)
(i) $4,811,150 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307;
(ii) $5,208,000 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) to operators of intercity, fixed-route over-the-road buses;
(iii) $1,686,400 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) to operators of over-the-road buses providing other than intercity, fixed-route service;
(iv) $94,526,689 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310;
(v) $250,889,588 shall be available to provide financial assistance for other than urbanized areas under section 5311;
(vi) $3,593,195,773 shall be available to provide financial assistance for urbanized areas under section 5307; and
(vii) $49,600,000 shall be available to carry out the clean fuels program under section 5308.
(2)
(A)
(B)
(3)
(A)
(B)
(C)
(i) $49,600,000 shall be available to carry out the clean fuels program under section 5308;
(ii) $669,600,000 shall be available for capital projects to replace, rehabilitate, and purchase bus and related equipment and to construct bus-related facilities under section 5309;
(iii) $1,204,684,800 shall be available for fixed guideway modernization under section 5309;
(iv) $1,437,829,600 shall be available for capital projects for new fixed guideway systems and extensions to existing fixed guideway systems under section 5309;
(v) $10,213,632 shall be available for capital projects in Alaska and Hawaii under section 5309;
(vi) $2,976,000 shall be available to carry out bus testing under section 5318; and
(vii) $4,811,200 shall be available to carry out the fuel cell bus and bus facilities program under section 3015(b) of the Transportation Equity Act for the 21st Century (112 Stat. 361).
(4)
(A)
(B)
(C)
(i) 82.72 percent shall be allocated for metropolitan planning under section 5305; and
(ii) 17.28 percent shall be allocated for State planning under section 5305.
(5)
(A)
(B)
(C)
(i) not less than $3,968,000 shall be available to carry out programs under the National Transit Institute under section 5315, of which not more than $992,000 shall be available to carry out section 5315(a)(16);
(ii) not less than $5,208,000 shall be available to provide rural transportation assistance under section 5311(b)(2);
(iii) not less than $8,184,000 shall be available to carry out transit cooperative research programs under section 5313(a);
(iv) not less than $2,976,000 shall be available to carry out Project Action under section 5312; and
(v) the remainder shall be available to carry out national research and technology programs under sections 5312, 5314, and 5322.
(6)
(A)
(B)
(C)
(i) $1,984,000 shall be available for grants under section 5505(d) to the center identified in section 5505(j)(4)(A), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005; and
(ii) $1,984,000 shall be available for grants under section 5505(d) to the center identified in section 5505(j)(4)(F), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.
(D)
(7)
(A)
(B)
(8)
(b)
(1)
(A) $6,979,931,000 for fiscal year 2006;
(B) $7,262,775,000 for fiscal year 2007;
(C) $7,872,893,000 for fiscal year 2008;
(D) $8,360,565,000 for fiscal year 2009;
(E) $8,360,565,000 for fiscal year 2010;
(F) $8,360,565,000 for fiscal year 2011; and
(G) $4,180,282,500 for the period beginning on October 1, 2011, and ending on March 31, 2012.
(2)
(A) $95,000,000 for fiscal year 2006, $99,000,000 for fiscal year 2007, $107,000,000 for fiscal year 2008, $113,500,000 for each of fiscal years 2009 and 2010, $113,500,000 for fiscal year 2011, and $56,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5305;
(B) $3,466,681,000 for fiscal year 2006, $3,606,175,000 for fiscal year 2007, $3,910,843,000 for fiscal year 2008, $4,160,365,000 for each of fiscal years 2009 and 2010, $4,160,365,000 for fiscal year 2011, and $2,080,182,500 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
(C) $43,000,000 for fiscal year 2006, $45,000,000 for fiscal year 2007, $49,000,000 for fiscal year 2008, $51,500,000 for each of fiscal years 2009 and 2010, $51,500,000 for fiscal year 2011, and $25,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5308;
(D) $1,391,000,000 for fiscal year 2006, $1,448,000,000 for fiscal year 2007, $1,570,000,000 for fiscal year 2008, $1,666,500,000 for each of fiscal years 2009 and 2010, $1,666,500,000 for fiscal year 2011, and $833,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be allocated in accordance with section 5337 to provide financial assistance under section 5309(m)(2)(B);
(E) $822,250,000 for fiscal year 2006, $855,500,000 for fiscal year 2007, $927,750,000 for fiscal year 2008, $984,000,000 for each of fiscal years 2009 and 2010, $984,000,000 for fiscal year 2011, and $492,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5309(m)(2)(C);
(F) $112,000,000 for fiscal year 2006, $117,000,000 for fiscal year 2007, $127,000,000 for fiscal year 2008, $133,500,000 for each of fiscal years 2009 and 2010, $133,500,000 for fiscal year 2011, and $66,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to provide financial assistance for services for elderly persons and persons with disabilities under section 5310;
(G) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, $465,000,000 for each of fiscal years 2009 and 2010, $465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to provide financial assistance for other than urbanized areas under section 5311;
(H) $138,000,000 for fiscal year 2006, $144,000,000 for fiscal year 2007, $156,000,000 for fiscal year 2008, $164,500,000 for each of fiscal years 2009 and 2010, $164,500,000 for fiscal year 2011, and $82,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5316;
(I) $78,000,000 for fiscal year 2006, $81,000,000 for fiscal year 2007, $87,500,000 for fiscal year 2008, $92,500,000 for each of fiscal years 2009 and 2010, $92,500,000 for fiscal year 2011, and $46,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5317;
(J) $22,000,000 for fiscal year 2006, $23,000,000 for fiscal year 2007, $25,000,000 for fiscal year 2008, $26,900,000 for each of fiscal years 2009 and 2010, $26,900,000 for fiscal year 2011, and $13,450,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5320;
(K) $3,500,000 in fiscal year 2006; $3,500,000 in fiscal year 2007; $3,500,000 in fiscal year 2008; $3,500,000 for each of fiscal years 2009 and 2010, $3,500,000 for fiscal year 2011, and $1,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5335;
(L) $25,000,000 in fiscal year 2006; $25,000,000 in fiscal year 2007; $25,000,000 in fiscal year 2008; $25,000,000 for each of fiscal years 2009 and 2010, $25,000,000 for fiscal year 2011, and $12,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 5339;
(M) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, $465,000,000 for each of fiscal years 2009 and 2010, $465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and other than urbanized areas under section 5311; and
(N) $7,500,000 for fiscal year 2006, $7,600,000 for fiscal year 2007, $8,300,000 for fiscal year 2008, $8,800,000 for each of fiscal years 2009 and 2010, $8,800,000 for fiscal year 2011, and $4,400,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be available to carry out section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note).
(c)
(1) $1,503,000,000 for fiscal year 2006;
(2) $1,566,000,000 for fiscal year 2007;
(3) $1,700,000,000 for fiscal year 2008;
(4) $1,809,250,000 for fiscal year 2009;
(5) $2,000,000,000 for fiscal year 2010;
(6) $2,000,000,000 for fiscal year 2011; and
(7) $800,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.
(d)
(1)
(A) $9,000,000 for fiscal year 2006, $9,300,000 for fiscal year 2007, $9,600,000 for fiscal year 2008, and $10,000,000 for each of fiscal years 2009, 2010, and 2011 shall be allocated to carry out transit cooperative research programs under section 5313;
(B) $4,300,000 shall be allocated for each fiscal year to carry out programs under the National Transit Institute under section 5315, of which not more than $1,000,000 for each fiscal year shall be used to carry out section 5315(b)(2)(P);
(C) $7,000,000 shall be allocated for each fiscal year to carry out the university centers program under section 5506;
(D) $3,000,000 shall be allocated for each fiscal year to carry out Project Action under section 5314(a)(2);
(E) $1,000,000 shall be allocated for each fiscal year to carry out the National Technical Assistance Center under section 5314(c); and
(F) any funds made available under this paragraph that are not allocated under subparagraphs (A) through (E) shall be allocated to carry out national research programs under sections 5312, 5313, 5314, and 5322.
(2)
(A)
(i) $2,000,000 for each of fiscal years 2006 through 2012 for the University of Tennessee—Knoxville National Transportation Research Center.
(ii) $1,500,000 for each of fiscal years 2006 through 2012 for Texas A&M University—Texas Transportation Institute.
(iii) $1,000,000 for each of fiscal years 2006 through 2012 for Morgan State University.
(iv) $400,000 for each of fiscal years 2006 and 2007 for the Small Urban and Rural Transit Center at North Dakota State University.
(v) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 through 2012 for the University Transportation Center at the University of Alabama.
(vi) $450,000 for each of fiscal years 2006 and 2007 and $550,000 for each of fiscal years 2008 through 2012 for the Injury Control Research Center at the University of Alabama Birmingham.
(vii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 through 2012 for the Jackson State University Intermodal Transportation Institute at the Jackson State University.
(viii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 through 2012 for the University Transportation Center at the University of Denver/Mississippi State University.
(B)
(3)
(A)
(B)
(i)
(ii)
(e)
(1) $82,000,000 for fiscal year 2006;
(2) $85,000,000 for fiscal year 2007;
(3) $92,500,000 for fiscal year 2008;
(4) $98,500,000 for fiscal year 2009;
(5) $98,911,000 for fiscal year 2010;
(6) $98,911,000 for fiscal year 2011; and
(7) $49,455,500 for the period beginning on October 1, 2011, and ending on March 31, 2012.
(f)
(1)
(2)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 845; Pub. L. 104–287, §5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 102–240, §3049(c), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3029(a), (c), June 9, 1998, 112 Stat. 368; Pub. L. 105–206, title IX, §9009(q), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(c), (e)–(g), (i), (k), Sept. 30, 2003, 117 Stat. 1121–1124; Pub. L. 108–202, §9(c), (e)–(g), (i), (k), Feb. 29, 2004, 118 Stat. 485–487; Pub. L. 108–224, §7(c), (e)–(g), (i), (k), Apr. 30, 2004, 118 Stat. 633–636; Pub. L. 108–263, §7(c), (e)–(g), (i), (k), June 30, 2004, 118 Stat. 704–707; Pub. L. 108–280, §7(c), (e)–(g), (i), (k), July 30, 2004, 118 Stat. 882–884; Pub. L. 108–310, §8(c), (e)–(g), (i), (k), Sept. 30, 2004, 118 Stat. 1154–1157; Pub. L. 109–14, §7(b), (d)–(f), (h), (j), May 31, 2005, 119 Stat. 331–333; Pub. L. 109–20, §7(b), (d)–(f), (h), (j), July 1, 2005, 119 Stat. 353–355; Pub. L. 109–35, §7(b), (d)–(f), (h), (j), July 20, 2005, 119 Stat. 386–388; Pub. L. 109–37, §7(b), (d)–(f), (h), (j), July 22, 2005, 119 Stat. 401–403; Pub. L. 109–40, §7(b), (d)–(f), (h), (j), July 28, 2005, 119 Stat. 417–419; Pub. L. 109–42, §5(a), July 30, 2005, 119 Stat. 436; Pub. L. 109–59, title III, §3036, Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, §201(n), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, §436, Mar. 18, 2010, 124 Stat. 90; Pub. L. 111–322, title II, §2306, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, §306, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §136, Sept. 16, 2011, 125 Stat. 352.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5338(a) | 49 App.:1617(a) (less availability). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §21; added Jan. 6, 1983, Pub. L. 97–424, §302(a), 96 Stat. 2140; Apr. 2, 1987, Pub. L. 100–17, §328, 101 Stat. 238; restated Dec. 18, 1991, Pub. L. 102–240, §3025, 105 Stat. 2112; Oct. 6, 1992, Pub. L. 102–388, §502(m)–(q), 106 Stat. 1567. |
| 5338(b) | 49 App.:1617(b) (less availability). | |
| 5338(c) | 49 App.:1625(d) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §29(d); added Dec. 18, 1991, Pub. L. 102–240, §6022, 105 Stat. 2185. |
| 5338(d) | 49 App.:1607c(c)(6). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(c)(6); added Dec. 18, 1991, Pub. L. 102–240, §6024, 105 Stat. 2189; Sept. 23, 1992, Pub. L. 102–368, §801, 106 Stat. 1131. |
| 5338(e)(1) | 49 App.:1607c(b) (8)(B)(iii), (13) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §11(b) (8)(B)(iii), (10)(C), (13); added Dec. 18, 1991, Pub. L. 102–240, §6023, 105 Stat. 2186, 2187, 2188. |
| 5338(e)(2) | 49 App.:1607c(b) (1)(C). | |
| 5338(f) | 49 App.:1617(g). | |
| 5338(g)–(i) | 49 App.:1617(c) (less availability), (d) (less availability), (e). | |
| 5338(j)(1) | 49 App.:1612(b) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(b) (last sentence); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968; Aug. 13, 1973, Pub. L. 93–87, §301(g), 87 Stat. 296; restated Nov. 6, 1978, Pub. L. 95–599, §311(a), 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, §317(a), 96 Stat. 2153. |
| 5338(j)(2) | 49 App.:1612(d). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §16(d); added Oct. 15, 1970, Pub. L. 91–453, §8, 84 Stat. 968; Dec. 18, 1991, Pub. L. 102–240, §3021(5), 105 Stat. 2110. |
| 5338(j)(3) | 49 App.:1603(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §4(c) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §303(e), 92 Stat. 2739; Dec. 18, 1991, Pub. L. 102–240, §3006(h)(1), 105 Stat. 2090. |
| 5338(j)(4) | 49 App.:1617(f) (less availability). | |
| 5338(j)(5) | 49 App.:1602(m) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(m) (1st sentence); added Dec. 18, 1991, Pub. L. 102–240, §3009, 105 Stat. 2093. |
| 5338(k) | 49 App.:1607c(b)(13) (last sentence). | |
| 49 App.:1617(b)(4). | ||
| 49 App.:1625(d) (last sentence). | ||
| 5338(l)(1) | 49 App.:1614(a) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §18(a) (last sentence); added Nov. 6, 1978, Pub. L. 95–599, §313, 92 Stat. 2749. |
| 5338(l)(2) | 49 App.:1617(a)–(d), (f) (as (a)–(d), (f) relate to availability). | |
| 5338(l)(3) | 49 App.:1607a–2(c). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §9B(c); added Apr. 2, 1987, Pub. L. 100–17, §313, 101 Stat. 229. |
In this section, references to fiscal year 1992 are omitted as obsolete.
In subsections (a)(1) and (b)(1), before each clause (A), the word “only” is omitted as surplus.
In subsection (a)(1), before clause (A), the words “for the Secretary of Transportation” are added or clarity and consistency.
In subsections (a)(2) and (b)(2), before each clause (A), and (d), before clause (1), the words “to the Secretary” are added for clarity and consistency.
In subsections (b)(1), before clause (A), and (e)(1), the words “for the Secretary” are added for clarity and consistency.
In subsection (d), the text of 49 App.:1607c(c)(6) (last sentence) is omitted as obsolete.
In subsection (e)(1), the word “section” in the source provision is translated as if it were “subsection” to reflect the apparent intent of Congress.
In subsection (h)(3), the words “relating to university transportation centers” are omitted as surplus.
In subsection (j)(2), the words “set aside and” and “exclusively” are omitted as surplus. The word “mass” is added for consistency in this chapter.
In subsection (k)(1), the words “Notwithstanding any other provision of law” in 49 App.:1607c(b)(13) (last sentence) and 1625(d) (last sentence) are omitted as surplus. The words “financed with” are added for clarity.
In subsection (k)(2), the words “that is financed with” are added for clarity.
In subsection (l)(3)(A), the words “for obligation by the recipient”, “a period of”, and “the close of” are omitted as surplus.
This amends 49:5338(g)(2) to correct an erroneous cross-reference.
Section 3038 of the Transportation Equity Act for the 21st Century, referred to in subsecs. (a)(1) and (b)(2)(N), is section 3038 of Pub. L. 105–178, which is set out as a note under section 5310 of this title.
Section 3037 of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(2), is section 3037 of Pub. L. 105–178, which was set out as a note under section 5309 of this title prior to repeal by Pub. L. 109–59, title III, §3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005.
Section 3015(b) of the Transportation Equity Act for the 21st Century, referred to in subsec. (a)(3)(B), (C)(vii), is section 3015(b) of Pub. L. 105–178, title III, June 9, 1998, 112 Stat. 361, which is not classified to the Code.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (a)(4)(A), (B), (6)(C), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Section 3038 of the Federal Transit Act of 1998, referred to in subsec. (b)(1), is section 3038 of title III of Pub. L. 105–178, which is set out as a note under section 5310 of this title.
2011—Subsec. (b)(1)(F). Pub. L. 112–5, §306(a)(1), added subpar. (F) and struck out former subpar. (F) which read as follows: “$3,550,376,000 for the period beginning October 1, 2010, and ending March 4, 2011.”
Subsec. (b)(1)(G). Pub. L. 112–30, §136(a)(1), added subpar. (G).
Subsec. (b)(2)(A). Pub. L. 112–30, §136(a)(2)(A), substituted “$113,500,000 for fiscal year 2011, and $56,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $113,500,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(A), substituted “$113,500,000 for fiscal year 2011” for “$48,198,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(B). Pub. L. 112–30, §136(a)(2)(B), substituted “$4,160,365,000 for fiscal year 2011, and $2,080,182,500 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $4,160,365,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(B), substituted “$4,160,365,000 for fiscal year 2011” for ‘$1,766,730,000 for the period beginning October 1, 2010, and ending March 4, 2011,”.
Subsec. (b)(2)(C). Pub. L. 112–30, §136(a)(2)(C), substituted “$51,500,000 for fiscal year 2011, and $25,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $51,500,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(C), substituted “$51,500,000 for fiscal year 2011” for “$21,869,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(D). Pub. L. 112–30, §136(a)(2)(D), substituted “$1,666,500,000 for fiscal year 2011, and $833,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $1,666,500,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(D), substituted “$1,666,500,000 for fiscal year 2011” for “$707,691,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(E). Pub. L. 112–30, §136(a)(2)(E), substituted “$984,000,000 for fiscal year 2011, and $492,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $984,000,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(E), substituted “$984,000,000 for fiscal year 2011” for “$417,863,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(F). Pub. L. 112–30, §136(a)(2)(F), substituted “$133,500,000 for fiscal year 2011, and $66,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $133,500,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(F), substituted “$133,500,000 for fiscal year 2011” for “$56,691,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(G). Pub. L. 112–30, §136(a)(2)(G), substituted “$465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $465,000,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(G), substituted “$465,000,000 for fiscal year 2011” for “$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(H). Pub. L. 112–30, §136(a)(2)(H), substituted “$164,500,000 for fiscal year 2011, and $82,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $164,500,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(H), substituted “$164,500,000 for fiscal year 2011” for “$69,856,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(I). Pub. L. 112–30, §136(a)(2)(I), substituted “$92,500,000 for fiscal year 2011, and $46,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $92,500,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(I), substituted “$92,500,000 for fiscal year 2011” for “$39,280,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(J). Pub. L. 112–30, §136(a)(2)(J), substituted “$26,900,000 for fiscal year 2011, and $13,450,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $26,900,000 for fiscal year 2011”.
Pub. L. 112–5, §306(a)(2)(J), substituted “$26,900,000 for fiscal year 2011” for “$11,423,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(K). Pub. L. 112–30, §136(a)(2)(K), substituted “$3,500,000 for fiscal year 2011, and $1,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $3,500,000 for fiscal year 2011”.
Pub. L. 112–5, §303(a)(2)(K), substituted “$3,500,000 for fiscal year 2011” for “$1,486,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(L). Pub. L. 112–30, §136(a)(2)(L), substituted “$25,000,000 for fiscal year 2011, and $12,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $25,000,000 for fiscal year 2011”.
Pub. L. 112–5, §303(a)(2)(L), substituted “$25,000,000 for fiscal year 2011” for “$10,616,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(M). Pub. L. 112–30, §136(a)(2)(M), substituted “$465,000,000 for fiscal year 2011, and $232,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $465,000,000 for fiscal year 2011”.
Pub. L. 112–5, §303(a)(2)(M), substituted “$465,000,000 for fiscal year 2011” for “$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (b)(2)(N). Pub. L. 112–30, §136(a)(2)(N), substituted “$8,800,000 for fiscal year 2011, and $4,400,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $8,800,000 for fiscal year 2011”.
Pub. L. 112–5, §303(a)(2)(N), substituted “$8,800,000 for fiscal year 2011” for “$3,736,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (c)(6). Pub. L. 112–5, §306(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$849,315,000 for the period of October 1, 2010 through March 4, 2011.”
Subsec. (c)(7). Pub. L. 112–30, §136(b), added par. (7).
Subsec. (d)(1). Pub. L. 112–30, §136(c)(1), in introductory provisions, substituted “$69,750,000 for fiscal year 2011, and $29,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “and $69,750,000 for fiscal year 2011”.
Pub. L. 112–5, §306(c)(1)(A), substituted “$69,750,000 for fiscal year 2011” for “$29,619,000 for the period beginning October 1, 2010 and ending March 4, 2011,” in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 112–5, §306(c)(1)(B), substituted “each of fiscal years 2009, 2010, and 2011” for “fiscal year 2009”.
Subsec. (d)(2)(A). Pub. L. 112–30, §136(c)(2), substituted “2012” for “2011” wherever appearing.
Subsec. (d)(2)(A)(i) to (iii). Pub. L. 112–5, §306(c)(2)(A), substituted “2011” for “2009”.
Subsec. (d)(2)(A)(v) to (viii). Pub. L. 112–5, §306(c)(2)(B), substituted “through 2011” for “and 2009”.
Subsec. (d)(3). Pub. L. 112–30, §136(c)(3), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “If the Secretary determines that a project or activity described in paragraph (2) received sufficient funds in fiscal year 2010, or a previous fiscal year, to carry out the purpose for which the project or activity was authorized, the Secretary may not allocate any amounts under paragraph (2) for the project or activity for fiscal year 2011, or any subsequent fiscal year.”
Pub. L. 112–5, §306(c)(3), added par. (3) and struck out former par. (3) which provided additional authorizations for certain activities and projects.
Subsec. (e)(6). Pub. L. 112–5, §306(d), amended par. (6) generally. Prior to amendment, text read as follows: “$42,003,000 for the period of October 1, 2010 through March 4, 2011.”
Subsec. (e)(7). Pub. L. 112–30, §136(d), added par. (7).
2010—Subsec. (b)(1)(E). Pub. L. 111–147, §436(a)(1), added subpar. (E).
Subsec. (b)(1)(F). Pub. L. 111–322, §2306(a)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$2,090,141,250 for the period beginning October 1, 2010, and ending December 31, 2010.”
Pub. L. 111–147, §436(a)(1), added subpar. (F).
Subsec. (b)(2)(A). Pub. L. 111–322, §2306(a)(2)(A), substituted “$48,198,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$28,375,000 for the period beginning October 1, 2010, and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(A), substituted “$113,500,000 for each of fiscal years 2009 and 2010, and $28,375,000 for the period beginning October 1, 2010, and ending December 31, 2010,” for “and $113,500,000 for fiscal year 2009”.
Subsec. (b)(2)(B). Pub. L. 111–322, §2306(a)(2)(B), substituted “$1,766,730,000 for the period beginning October 1, 2010, and ending March 4, 2011” for “$1,040,091,250 for the period beginning October 1, 2010, and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(B), substituted “$4,160,365,000 for each of fiscal years 2009 and 2010, and $1,040,091,250 for the period beginning October 1, 2010, and ending December 31, 2010,” for “and $4,160,365,000 for fiscal year 2009”.
Subsec. (b)(2)(C). Pub. L. 111–322, §2306(a)(2)(C), substituted “$21,869,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$12,875,000 for the period beginning October 1, 2010, and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(C), substituted “$51,500,000 for each of fiscal years 2009 and 2010, and $12,875,000 for the period beginning October 1, 2010, and ending December 31, 2010,” for “and $51,500,000 for fiscal year 2009”.
Subsec. (b)(2)(D). Pub. L. 111–322, §2306(a)(2)(D), substituted “$707,691,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$416,625,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(D), substituted “$1,666,500,000 for each of fiscal years 2009 and 2010, and $416,625,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $1,666,500,000 for fiscal year 2009”.
Subsec. (b)(2)(E). Pub. L. 111–322, §2306(a)(2)(E), substituted “$417,863,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$246,000,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(E), substituted “$984,000,000 for each of fiscal years 2009 and 2010, and $246,000,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $984,000,000 for fiscal year 2009”.
Subsec. (b)(2)(F). Pub. L. 111–322, §2306(a)(2)(F), substituted “$56,691,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$33,375,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(F), substituted “$133,500,000 for each of fiscal years 2009 and 2010, and $33,375,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $133,500,000 for fiscal year 2009”.
Subsec. (b)(2)(G). Pub. L. 111–322, §2306(a)(2)(G), substituted “$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(G), substituted “$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $465,000,000 for fiscal year 2009”.
Subsec. (b)(2)(H). Pub. L. 111–322, §2306(a)(2)(H), substituted “$69,856,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$41,125,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(H), substituted “$164,500,000 for each of fiscal years 2009 and 2010, and $41,125,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $164,500,000 for fiscal year 2009”.
Subsec. (b)(2)(I). Pub. L. 111–322, §2306(a)(2)(I), substituted “$39,280,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$23,125,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(I), substituted “$92,500,000 for each of fiscal years 2009 and 2010, and $23,125,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $92,500,000 for fiscal year 2009”.
Subsec. (b)(2)(J). Pub. L. 111–322, §2306(a)(2)(J), substituted “$11,423,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$6,725,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(J), substituted “$26,900,000 for each of fiscal years 2009 and 2010, and $6,725,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $26,900,000 for fiscal year 2009”.
Subsec. (b)(2)(K). Pub. L. 111–322, §2306(a)(2)(K), substituted “$1,486,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$875,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(K), which directed substitution of “$3,500,000 for each of fiscal years 2009 and 2010, and $875,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $3,500,000 for fiscal year 2009”, was executed by making the substitution for “and $3,500,000 in fiscal year 2009”, to reflect the probable intent of Congress.
Subsec. (b)(2)(L). Pub. L. 111–322, §2306(a)(2)(L), “$10,616,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$6,250,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(L), which directed substitution of “$25,000,000 for each of fiscal years 2009 and 2010, and $6,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $25,000,000 for fiscal year 2009”, was executed by making the substitution for “and $25,000,000 in fiscal year 2009”, to reflect the probable intent of Congress.
Subsec. (b)(2)(M). Pub. L. 111–322, §2306(a)(2)(M), substituted “$197,465,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(M), substituted “$465,000,000 for each of fiscal years 2009 and 2010, and $116,250,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $465,000,000 for fiscal year 2009”.
Subsec. (b)(2)(N). Pub. L. 111–322, §2306(a)(2)(N), substituted “$3,736,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$2,200,000 for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §436(a)(2)(N), substituted “$8,800,000 for each of fiscal years 2009 and 2010, and $2,200,000 for the period beginning October 1, 2010 and ending December 31, 2010,” for “and $8,800,000 for fiscal year 2009”.
Subsec. (c)(5). Pub. L. 111–147, §436(b), added par. (5).
Subsec. (c)(6). Pub. L. 111–322, §2306(b), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “$500,000,000 for the period of October 1, 2010 through December 31, 2010.”
Pub. L. 111–147, §436(b), added par. (6).
Subsec. (d)(1). Pub. L. 111–322, §2306(c)(1), substituted “$29,619,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$17,437,500 for the period beginning October 1, 2010, and ending December 31, 2010” in introductory provisions.
Pub. L. 111–147, §436(c)(1), substituted “$69,750,000 for each of fiscal years 2009 and 2010, and $17,437,500 for the period beginning October 1, 2010, and ending December 31, 2010” for “and $69,750,000 for fiscal year 2009” in introductory provisions.
Subsec. (d)(3). Pub. L. 111–147, §436(c)(2), added par. (3).
Subsec. (d)(3)(A)(ii). Pub. L. 111–322, §2306(c)(2), amended cl. (ii) generally. Prior to amendment, text read as follows: “Of amounts authorized to be appropriated for the period beginning October 1, 2010, through December 31, 2010, under paragraph (1), the Secretary shall allocate for each of the activities and projects described in subparagraphs (A) through (F) of paragraph (1) an amount equal to 25 percent of the amount allocated for fiscal year 2009 under each such subparagraph.”
Subsec. (d)(3)(B)(ii). Pub. L. 111–322, §2306(c)(3), amended cl. (ii) generally. Prior to amendment, text read as follows: “Of the amounts allocated under subparagraph (A)(i) for the university centers program under section 5506 for the period beginning October 1, 2010, and ending December 31, 2010, the Secretary shall allocate for each program described in clauses (i) through (iii) and (v) through (viii) of paragraph (2)(A) an amount equal to 25 percent of the amount allocated for fiscal year 2009 under each such clause.”
Subsec. (d)(3)(B)(iii). Pub. L. 111–322, §2306(c)(4), substituted “2011” for “2010” and “2010” for “2009”.
Subsec. (e)(5). Pub. L. 111–147, §436(d), added par. (5).
Subsec. (e)(6). Pub. L. 111–322, §2306(d), amended par. (6) generally. Prior to amendment, text read as follows: “$24,727,750 for the period beginning October 1, 2010, and ending December 31, 2010.”
Pub. L. 111–147, §436(d), added par. (6).
2008—Subsec. (d)(1)(B). Pub. L. 110–244 substituted “section 5315(b)(2)(P)” for “section 5315(a)(16)”.
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section authorized appropriations and availability of funds to carry out sections 5303 to 5305, 5307 to 5315, 5322, and 5334 of this title for periods ranging from fiscal year 1998 to August 14, 2004.
Subsec. (a)(2). Pub. L. 109–40, §7(b)(1), substituted “
Pub. L. 109–37, §7(b)(1), substituted “
Pub. L. 109–35, §7(b)(1), substituted “
Pub. L. 109–20, §7(b)(1), substituted “
Pub. L. 109–14, §7(b)(1), substituted “
Subsec. (a)(2)(A)(vii). Pub. L. 109–40, §7(b)(2), substituted “$2,796,817,658” for “$2,795,000,000” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(b)(2), substituted “$2,795,000,000” for “$2,793,483,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(b)(2), substituted “$2,793,483,000” for “$2,675,300,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(b)(2), substituted “$2,675,300,000” for “$2,545,785,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(b)(2), substituted “$2,545,785,000” for “$2,201,760,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (a)(2)(B)(vii). Pub. L. 109–40, §7(b)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(b)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(b)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(b)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(b)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (a)(2)(C). Pub. L. 109–40, §7(b)(4), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(b)(4), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(b)(4), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(b)(4), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(b)(4), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–40, §7(d)(1), substituted “
Pub. L. 109–37, §7(d)(1), substituted “
Pub. L. 109–35, §7(d)(1), substituted “
Pub. L. 109–20, §7(d)(1), substituted “
Pub. L. 109–14, §7(d)(1), substituted “
Subsec. (b)(2)(A)(vii). Pub. L. 109–40, §7(d)(2), substituted “$2,336,442,169” for “$2,309,000,366” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(d)(2), substituted “$2,309,000,366” for “$2,263,265,142” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(d)(2), substituted “$2,263,265,142” for “$2,235,820,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(d)(2), substituted “$2,235,820,000” for “$2,012,985,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(d)(2), substituted “$2,012,985,000” for “$1,740,960,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (b)(2)(B)(vii). Pub. L. 109–40, §7(d)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(d)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(d)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(d)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(d)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (c)(2). Pub. L. 109–40, §7(e)(1), substituted “
Pub. L. 109–37, §7(e)(1), substituted “
Pub. L. 109–35, §7(e)(1), substituted “
Pub. L. 109–20, §7(e)(1), substituted “
Pub. L. 109–14, §7(e)(1), substituted “
Subsec. (c)(2)(A)(vii). Pub. L. 109–40, §7(e)(2), substituted “$50,146,668” for “$49,546,681” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(e)(2), substituted “$49,546,681” for “$48,546,727” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(e)(2), substituted “$48,546,727” for “$47,946,667” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(e)(2), substituted “$47,946,667” for “$48,346,668” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(e)(2), substituted “$48,346,668” for “$41,813,334” and “June 30, 2005” for “May 31, 2005”.
Subsec. (c)(2)(B)(vii). Pub. L. 109–40, §7(e)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(e)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(e)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(e)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(e)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (d)(2). Pub. L. 109–40, §7(f)(1), substituted “
Pub. L. 109–37, §7(f)(1), substituted “
Pub. L. 109–35, §7(f)(1), substituted “
Pub. L. 109–20, §7(f)(1), substituted “
Pub. L. 109–14, §7(f)(1), substituted “
Subsec. (d)(2)(A)(vii). Pub. L. 109–40, §7(f)(2), substituted “$39,950,343” for “$39,554,804” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(f)(2), substituted “$39,554,804” for “$37,385,434” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(f)(2), substituted “$37,385,434” for “$36,933,334” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(f)(2), substituted “$36,933,334” for “$32,683,333” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(f)(2), substituted “$32,683,333” for “$28,266,667” and “June 30, 2005” for “May 31, 2005”.
Subsec. (d)(2)(B)(vii). Pub. L. 109–40, §7(f)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(f)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(f)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(f)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(f)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (d)(2)(C). Pub. L. 109–40, §7(f)(4), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(f)(4), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(f)(4), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(f)(4), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(f)(4), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (e)(2). Pub. L. 109–40, §7(h)(1), substituted “
Pub. L. 109–37, §7(h)(1), substituted “
Pub. L. 109–35, §7(h)(1), substituted “
Pub. L. 109–20, §7(h)(1), substituted “
Pub. L. 109–14, §7(h)(1), substituted “
Subsec. (e)(2)(A). Pub. L. 109–40, §7(h)(2), substituted “$4,180,822” for “$4,131,508” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(h)(2), substituted “$4,131,508” for “$4,060,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(h)(2), substituted “$4,060,000” for “$4,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(h)(2), substituted “$4,000,000” for “$3,700,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(h)(2), substituted “$3,700,000” for “$3,200,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (e)(2)(B). Pub. L. 109–40, §7(h)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(h)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(h)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(h)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(h)(3), substituted “June 30, 2005” for “May 31, 2005”.
Subsec. (e)(2)(C)(i), (iii). Pub. L. 109–40, §7(h)(4), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–37, §7(h)(4), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–35, §7(h)(4), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–20, §7(h)(4), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Pub. L. 109–14, §7(h)(4), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions of cl. (i) and in cl. (iii).
Subsec. (f)(2). Pub. L. 109–42, §5(a)(1), substituted “
Pub. L. 109–40, §7(j)(1), substituted “
Pub. L. 109–37, §7(j)(1), substituted “
Pub. L. 109–35, §7(j)(1), substituted “
Pub. L. 109–20, §7(j)(1), substituted “
Pub. L. 109–14, §7(j)(1), substituted “
Subsec. (f)(2)(A)(vii). Pub. L. 109–42, §5(a)(2), substituted “$57,650,686” for “$54,350,686” and “August 14” for “July 30”.
Pub. L. 109–40, §7(j)(2), substituted “$54,350,686” for “$53,709,604” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(j)(2), substituted “$53,709,604” for “$52,780,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(j)(2), substituted “$52,780,000” for “$52,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(j)(2), substituted “$52,000,000” for “$48,100,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(j)(2), substituted “$48,100,000” for “$41,600,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (f)(2)(B)(vii). Pub. L. 109–42, §5(a)(3), substituted “August 14” for “July 30”.
Pub. L. 109–40, §7(j)(3), substituted “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(j)(3), substituted “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(j)(3), substituted “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(j)(3), substituted “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(j)(3), substituted “June 30, 2005” for “May 31, 2005”.
2004—Subsec. (a)(2). Pub. L. 108–310, §8(c)(1), inserted “
Pub. L. 108–280, §7(c)(1), struck out “
Pub. L. 108–263, §7(c)(1), substituted “
Pub. L. 108–224, §7(c)(1), substituted “
Pub. L. 108–202, §9(c)(1), substituted “
Subsec. (a)(2)(A)(vi). Pub. L. 108–280, §7(c)(2), added cl. (vi) and struck out former cl. (vi) which read: “$2,544,233,267 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(c)(2), substituted “$2,544,233,267” for “$2,289,809,940” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(c)(2), substituted “$2,289,809,940” for “$1,780,963,287” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(c)(2), substituted “$1,780,963,287” for “$1,292,948,344” and “April 30, 2004” for “February 29, 2004”.
Subsec. (a)(2)(A)(vii). Pub. L. 108–310, §8(c)(2)–(4), added cl. (vii).
Subsec. (a)(2)(B)(vi). Pub. L. 108–280, §7(c)(3), added cl. (vi) and struck out former cl. (vi) which read: “$636,058,317 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(c)(3), substituted “$636,058,317” for “$572,452,485” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(c)(3), substituted “$572,452,485” for “$445,240,822” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(c)(3), substituted “$445,240,822” for “$323,459,169” and “April 30, 2004” for “February 29, 2004”.
Subsec. (a)(2)(B)(vii). Pub. L. 108–310, §8(c)(2), (3), (5), added cl. (vii).
Subsec. (a)(2)(C). Pub. L. 108–310, §8(c)(6), substituted “2005 (other than for the period of October 1, 2004, through May 31, 2005)” for “2003” in introductory provisions.
Pub. L. 108–280, §7(c)(4), substituted “each of fiscal years 1999 through 2003” for “a fiscal year (other than for the period of October 1, 2003, through July 31, 2004)” in introductory provisions.
Pub. L. 108–263, §7(c)(4), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(c)(4), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(c)(4), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (b)(2). Pub. L. 108–310, §8(e)(1), inserted “
Pub. L. 108–280, §7(e)(1), struck out “
Pub. L. 108–263, §7(e)(1), substituted “
Pub. L. 108–224, §7(e)(1), substituted “
Pub. L. 108–202, §9(e)(1), substituted “
Subsec. (b)(2)(A)(vi). Pub. L. 108–280, §7(e)(2), added cl. (vi) and struck out former cl. (vi) which read: “$2,079,325,834 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(e)(2), substituted “$2,079,325,834” for “$1,871,393,250” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(e)(2), substituted “$1,871,393,250” for “$1,819,410,104” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(e)(2), substituted “$1,819,410,104” for “$1,022,503,342” and “April 30, 2004” for “February 29, 2004”.
Subsec. (b)(2)(A)(vii). Pub. L. 108–310, §8(e)(2)–(4), added cl. (vii).
Subsec. (b)(2)(B)(vi). Pub. L. 108–280, §7(e)(3), added cl. (vi) and struck out former cl. (vi) which read: “$519,831,458 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(e)(3), substituted “$519,831,458” for “$467,848,313” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(e)(3), substituted “$467,848,313” for “$363,882,021” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(e)(3), substituted “$363,882,021” for “$255,801,669” and “April 30, 2004” for “February 29, 2004”.
Subsec. (b)(2)(B)(vii). Pub. L. 108–310, §8(e)(2), (3), (5), added cl. (vii).
Subsec. (c)(2). Pub. L. 108–310, §8(f)(1), inserted “
Pub. L. 108–280, §7(f)(1), struck out “
Pub. L. 108–263, §7(f)(1), substituted “
Pub. L. 108–224, §7(f)(1), substituted “
Pub. L. 108–202, §9(f)(1), substituted “
Subsec. (c)(2)(A)(vi). Pub. L. 108–280, §7(f)(2), added cl. (vi) and struck out former cl. (vi) which read: “$48,545,217 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(f)(2), substituted “$48,545,217” for “$43,690,695” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(f)(2), substituted “$43,690,695” for “$33,981,652” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(f)(2), substituted “$33,981,652” for “$24,636,667” and “April 30, 2004” for “February 29, 2004”.
Subsec. (c)(2)(A)(vii). Pub. L. 108–310, §8(f)(2)–(4), added cl. (vii). See Codification note above.
Subsec. (c)(2)(B)(vi). Pub. L. 108–280, §7(f)(3), added cl. (vi) and struck out former cl. (vi) which read: “$11,929,200 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(f)(3), substituted “$11,929,200” for “$10,736,280” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(f)(3), substituted “$10,736,280” for “$8,350,440” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(f)(3), substituted “$8,350,440” for “$6,100,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (c)(2)(B)(vii). Pub. L. 108–310, §8(f)(2), (3), (5), added cl. (vii). See Codification note above.
Subsec. (c)(2)(C). Pub. L. 108–310, §8(f)(6), inserted “or any portion of a fiscal year” after “for a fiscal year” in introductory provisions. See Codification note above.
Pub. L. 108–280, §7(f)(4), struck out “or any portion of a fiscal year” after “for a fiscal year” in introductory provisions.
Subsec. (d)(2). Pub. L. 108–310, §8(g)(1), inserted “
Pub. L. 108–280, §7(g)(1), struck out “
Pub. L. 108–263, §7(g)(1), substituted “
Pub. L. 108–224, §7(g)(1), substituted “
Pub. L. 108–202, §9(g)(1), substituted “
Subsec. (d)(2)(A)(vi). Pub. L. 108–280, §7(g)(2), added cl. (vi) and struck out former cl. (vi) which read: “$34,959,183 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(g)(2), substituted “$34,959,183” for “$31,463,265” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(g)(2), substituted “$31,463,265” for “$24,471,428” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(g)(2), substituted “$24,471,428” for “$16,536,667” and “April 30, 2004” for “February 29, 2004”.
Subsec. (d)(2)(A)(vii). Pub. L. 108–310, §8(g)(2)–(4), added cl. (vii).
Subsec. (d)(2)(B)(vi). Pub. L. 108–280, §7(g)(3), added cl. (vi) and struck out former cl. (vi) which read: “$8,946,900 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(g)(3), substituted “$8,946,900” for “$8,052,210” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(g)(3), substituted “$8,052,210” for “$6,262,830” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(g)(3), substituted “$6,262,830” for “$4,095,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (d)(2)(B)(vii). Pub. L. 108–310, §8(g)(2), (3), (5), added cl. (vii).
Subsec. (d)(2)(C). Pub. L. 108–310, §8(g)(6), inserted “(other than for the period of October 1, 2004, through May 31, 2005)” after “a fiscal year” in introductory provisions.
Pub. L. 108–280, §7(g)(4), struck out “(other than for the period of October 1, 2003, through July 31, 2004)” after “a fiscal year”.
Pub. L. 108–263, §7(g)(4), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(g)(4), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(g)(4), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (e)(2). Pub. L. 108–310, §8(i)(1), inserted “
Pub. L. 108–280, §7(i)(1), struck out “
Pub. L. 108–263, §7(i)(1), substituted “
Pub. L. 108–224, §7(i)(1), substituted “
Pub. L. 108–202, §9(i)(1), substituted “
Subsec. (e)(2)(A). Pub. L. 108–310, §8(i)(2), inserted “and $3,200,000 for the period of October 1, 2004, through May 31, 2005” after “2004”.
Pub. L. 108–280, §7(i)(2), struck out “2003 and $3,976,400 for the period of October 1, 2003, through July 31,” before “2004”.
Pub. L. 108–263, §7(i)(2), substituted “$3,976,400” for “$3,578,760” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(i)(2), substituted “$3,578,760” for “$2,783,480” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(i)(2), substituted “$2,783,480” for “$2,020,833” and “April 30, 2004” for “February 29, 2004”.
Subsec. (e)(2)(B). Pub. L. 108–310, §8(i)(3), inserted “and $800,000 for the period of October 1, 2004, through May 31, 2005” after “2004”.
Pub. L. 108–280, §7(i)(3), struck out “2003 and $994,100 for the period of October 1, 2003, through July 31,” before “2004”.
Pub. L. 108–263, §7(i)(3), substituted “$994,100” for “$894,690” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(i)(3), substituted “$894,690” for “$695,870” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(i)(3), substituted “$695,870” for “$505,833” and “April 30, 2004” for “February 29, 2004”.
Subsec. (e)(2)(C)(i), (iii). Pub. L. 108–310, §8(i)(4), inserted “(other than for the period of October 1, 2004, through May 31, 2005)” after “fiscal year”.
Pub. L. 108–280, §7(i)(4), struck out “(other than for the period of October 1, 2003, through July 31, 2004)” after “fiscal year”.
Pub. L. 108–263, §7(i)(4), substituted “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(i)(4), substituted “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(i)(4), substituted “April 30, 2004” for “February 29, 2004”.
Subsec. (f)(2). Pub. L. 108–310, §8(k)(1), inserted “
Pub. L. 108–280, §7(k)(1), struck out “
Pub. L. 108–263, §7(k)(1), substituted “
Pub. L. 108–224, §7(k)(1), substituted “
Pub. L. 108–202, §9(k)(1), substituted “
Subsec. (f)(2)(A)(vi). Pub. L. 108–280, §7(k)(2), added cl. (vi) and struck out former cl. (vi) which read: “$50,036,366 for the period of October, 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(k)(2), substituted “$50,036,366” for “$45,032,730” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(k)(2), substituted “$45,032,730” for “$35,025,457” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(k)(2), substituted “$35,025,457” for “$24,585,834” and “April 30, 2004” for “February 29, 2004”.
Subsec. (f)(2)(A)(vii). Pub. L. 108–310, §8(k)(2)–(4), added cl. (vii).
Subsec. (f)(2)(B)(vi). Pub. L. 108–280, §7(k)(3), added cl. (vi) and struck out former cl. (vi) which read: “$12,509,093 for the period of October 1, 2003, through July 31, 2004.”
Pub. L. 108–263, §7(k)(3), substituted “$12,509,093” for “$11,258,183” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(k)(3), substituted “$11,258,183” for “$8,756,364” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(k)(3), substituted “$8,756,364” for “$6,150,833” and “April 30, 2004” for “February 29, 2004”.
Subsec. (f)(2)(B)(vii). Pub. L. 108–310, §8(k)(2), (3), (5), added cl. (vii).
2003—Subsec. (a)(2). Pub. L. 108–88, §8(c)(1), inserted “
Subsec. (a)(2)(A)(vi). Pub. L. 108–88, §8(c)(2)–(4), added cl. (vi).
Subsec. (a)(2)(B)(vi). Pub. L. 108–88, §8(c)(2), (3), (5), added cl. (vi).
Subsec. (a)(2)(C). Pub. L. 108–88, §8(c)(6), inserted “(other than for the period of October 1, 2003, through February 29, 2004)” after “a fiscal year” in introductory provisions.
Subsec. (b)(2). Pub. L. 108–88, §8(e)(1), inserted “
Subsec. (b)(2)(A)(vi). Pub. L. 108–88, §8(e)(2)–(4), added cl. (vi).
Subsec. (b)(2)(B)(vi). Pub. L. 108–88, §8(e)(2), (3), (5), added cl. (vi).
Subsec. (c)(2). Pub. L. 108–88, §8(f), which directed the amendment of section 5338(c)(2) by inserting “
Subsec. (d)(2). Pub. L. 108–88, §8(g)(1), inserted “
Subsec. (d)(2)(A)(vi). Pub. L. 108–88, §8(g)(2)–(4), added cl. (vi).
Subsec. (d)(2)(B)(vi). Pub. L. 108–88, §8(g)(2), (3), (5), added cl. (vi).
Subsec. (d)(2)(C). Pub. L. 108–88, §8(g)(6), inserted “(other than for the period of October 1, 2003, through February 29, 2004)” after “a fiscal year” in introductory provisions.
Subsec. (e)(2). Pub. L. 108–88, §8(i)(1), inserted “
Subsec. (e)(2)(A). Pub. L. 108–88, §8(i)(2), inserted “and $2,020,833 for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (e)(2)(B). Pub. L. 108–88, §8(i)(3), inserted “and $505,833 for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (e)(2)(C)(i), (iii). Pub. L. 108–88, §8(i)(4), inserted “(other than for the period of October 1, 2003, through February 29, 2004)” after “fiscal year”.
Subsec. (f)(2). Pub. L. 108–88, §8(k)(1), inserted “
Subsec. (f)(2)(A)(vi). Pub. L. 108–88, §8(k)(2)–(4), added cl. (vi).
Subsec. (f)(2)(B)(vi). Pub. L. 108–88, §8(k)(2), (3), (5), added cl. (vi).
1998—Pub. L. 105–178, §3029(a), reenacted section catchline without change and amended text generally, substituting provisions relating to authorizations for Federal transit programs for fiscal years 1998 to 2003 for provisions relating to authorizations for Federal transit programs for fiscal years ending Sept. 30, 1993 to 1997 and for period from Oct. 1, 1997 to Mar. 31, 1998.
Subsec. (c)(2)(A). Pub. L. 105–178, §3029(c)(1)–(5), as added by Pub. L. 105–206, substituted “$42,200,000” for “$43,200,000”, “$48,400,000” for “$46,400,000”, “$50,200,000” for “$51,200,000”, “$53,800,000” for “$52,800,000”, and “$58,600,000” for “$57,600,000” in cls. (i) to (v), respectively.
Subsec. (d)(2)(C)(iii). Pub. L. 105–178, §3029(c)(6), as added by Pub. L. 105–206, inserted “, including not more than $1,000,000 shall be available to carry out section 5315(a)(16)” before semicolon.
Subsec. (e)(1). Pub. L. 105–178, §3029(c)(7)(A), (B), as added by Pub. L. 105–206, substituted “Subject to paragraph (2)(C), there are” for “There are” and “5505” for “5317(b)”.
Subsec. (e)(2)(A). Pub. L. 105–178, §3029(c)(7)(A), (C)(i), as added by Pub. L. 105–206, substituted “Subject to subparagraph (C), there shall” for “There shall” and “5505” for “5317(b)”.
Subsec. (e)(2)(B). Pub. L. 105–178, §3029(c)(7)(A), (C)(ii), as added by Pub. L. 105–206, substituted “Subject to subparagraph (C), in addition” for “In addition” and “5505” for “5317(b)”.
Subsec. (e)(2)(C). Pub. L. 105–178, §3029(c)(7)(C)(iii), as added by Pub. L. 105–206, added subpar. (C).
Subsec. (e)(3). Pub. L. 105–178, §3029(c)(7)(D), as added by Pub. L. 105–206, added par. (3).
Subsec. (g)(2). Pub. L. 105–178, §3029(c)(8), as added by Pub. L. 105–206, substituted “(c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B),” for “(c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B),”.
Subsec. (h). Pub. L. 105–178, §3029(c)(9), as added by Pub. L. 105–206, inserted “under the Transportation Discretionary Spending Guarantee for the Mass Transit Category” after “subsections (a) through (f)” in introductory provisions.
Subsec. (h)(5)(A) to (E). Pub. L. 105–178, §3029(c)(10), as added by Pub. L. 105–206, added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:
“(A) for fiscal year 1999, $600,000,000;
“(B) for fiscal year 2000, $610,000,000;
“(C) for fiscal year 2001, $620,000,000;
“(D) for fiscal year 2002, $630,000,000; and
“(E) for fiscal year 2003, $630,000,000;”.
1997—Subsec. (a)(1)(F). Pub. L. 102–240, §3049(c)(1)(A), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (a)(2)(F). Pub. L. 102–240, §3049(c)(1)(B), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (b)(1)(F). Pub. L. 102–240, §3049(c)(2), as added by Pub. L. 105–130, added subpar. (F).
Subsec. (c). Pub. L. 102–240, §3049(c)(3), as added by Pub. L. 105–130, inserted “and not more than $1,500,000 for the period of October 1, 1997, through March 31, 1998,” after “1997,”.
Subsec. (e). Pub. L. 102–240, §3049(c)(4), as added by Pub. L. 105–130, inserted “and not more than $3,000,000 is available from the Fund (except the Account) for the Secretary for the period of October 1, 1997, through March 31, 1998,” after “1997,”.
Subsec. (h)(3). Pub. L. 102–240, §3049(c)(5), as added by Pub. L. 105–130, inserted before period at end “and $3,000,000 is available for section 5317 for the period of October 1, 1997, through March 31, 1998”.
Subsec. (j)(5)(D). Pub. L. 102–240, §3049(c)(6), as added by Pub. L. 105–130, added subpar. (D).
Subsec. (k). Pub. L. 102–240, §3049(c)(7), as added by Pub. L. 105–130, substituted “(e), or (m) of this section” for “or (e) of this section”.
Subsec. (m). Pub. L. 102–240, §3049(c)(8), as added by Pub. L. 105–130, added subsec. (m).
1996—Subsec. (g)(2). Pub. L. 104–287 substituted “section 5311(b)(2)” for “section 5308(b)(2)”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
Pub. L. 109–59, title III, §3046, Aug. 10, 2005, 119 Stat. 1706, as amended by Pub. L. 110–244, title II, §201(o)(6), June 6, 2008, 122 Stat. 1615; Pub. L. 111–147, title IV, §437(f), Mar. 18, 2010, 124 Stat. 93; Pub. L. 111–322, title II, §2307(f), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(f), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(f) Sept. 16, 2011, 125 Stat. 355, provided that:
“(a)
“(1)
“(A)
“(B)
“(i) potential alternative routes for evacuation using other transportation modes such as highway, air, marine, and pedestrian activities; and
“(ii) transit routes that, if disrupted, do not have sufficient transit alternatives available.
“(C)
“(D)
“(2)
“(A) to develop standards and definitions for transit-oriented development adjacent to public transportation facilities;
“(B) to develop system planning guidance, performance criteria, and modeling techniques for metropolitan planning agencies and public transportation agencies to maximize ridership through land use planning and adjacent development; and
“(C) to provide research support and technical assistance to public transportation agencies, metropolitan planning agencies, and other persons regarding transit-oriented development.
“(3)
“(4)
“(5)
“(6)
“(A)
“(B)
“(i)
“(ii)
“(I) shall include—
“(aa) an evaluation of the effect of the pilot program on multimodal accessibility in public transportation;
“(bb) an evaluation of the effect of the program on operators of public transportation and their passengers;
“(cc) an evaluation of the effect of making public transportation accessible to people with visual, cognitive, and learning disabilities on ridership of public transportation and use of paratransit; and
“(dd) an evaluation of the effect of the program on the education, community integration, work life, and general quality of life of the targeted populations.
“(7)
“(8)
“(A)
“(B)
“(i) rural population in the area to be served by the applicant;
“(ii) extent to which the applicant demonstrates coordination of existing transportation services or proposed public transportation services;
“(iii) need for additional services in the area being serviced by the applicant and the extent to which the proposed services will address those needs and provide accessibility for non-ambulatory recipients;
“(iv) extent to which the applicant demonstrates an innovative approach that is responsive to the identified service needs of the rural population; and
“(v) extent to which the applicant demonstrates that the communities being served have been consulted in the planning process.
“(9)
“(A)
“(B)
“(i) establish an advisory panel consisting of Federal, State, and local officials and organizations;
“(ii) prepare an inventory of human service transportation agencies operating in the United States;
“(iii) prepare an inventory of Federal transportation spending;
“(iv) develop a program of technical assistance and training for human services transportation organizations that shall include on-site technical assistance, a resource clearinghouse, and preparation of technical manuals;
“(v) prepare an annual report for the Secretary on activities under this program and make recommendations for improving coordination.
“(10)
“(11)
“(A)
“(B)
“(i) Improving data collection analysis and transportation access for all users of the public transportation systems.
“(ii) Supporting public participation through the project development phases.
“(iii) Using innovative techniques to improve the coordination of transportation alternatives.
“(iv) Enhancing the coordination of public transportation benefits and services.
“(v) Contracting with stakeholders to focus on the delivery of transportation plans and programs.
“(vi) Measuring and reporting on the annual performance of the transportation systems.
“(12)
“(13)
“(14)
“(15)
“(16)
“(17)
“(18)
“(19)
“(20)
“(21)
“(22)
“(23)
“(24)
“(25)
“(b)
“(c)
“(1) for each of fiscal years 2010 and 2011, in amounts equal to the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), (6), and (8) through (25) of subsection (a); and
“(2) for the period beginning on October 1, 2011, and ending on March 31, 2012, in amounts equal to 50 percent of 85 percent of the amounts allocated for fiscal year 2009 under each of paragraphs (2), (3), (5), (6), and (8) through (25) of subsection (a).
“(d)
Pub. L. 105–178, title III, §3041, June 9, 1998, 112 Stat. 394, provided that the Secretary of Transportation ensure that the total apportionments and allocations made to a designated grant recipient under this section for fiscal year 1998 be reduced by the amount apportioned to such designated recipient pursuant to section 8 of Pub. L. 105–130 (amending sections 5309, 5337, and 5338 of this title) and in making the apportionments, the Secretary adjust the amount apportioned to each urbanized area for fixed guideway modernization for fiscal year 1998 to reflect the method of apportioning funds in section 5337(a) of this title.
Pub. L. 105–178, title III, §3015(d), as added by Pub. L. 105–206, title IX, §9009(k)(2), July 22, 1998, 112 Stat. 857, and amended by Pub. L. 108–88, §8(j)(3), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(j)(2), Feb. 29, 2004, 118 Stat. 487; Pub. L. 108–224, §7(j)(2), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(j)(2), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(j)(2), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(j)(3), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(i)(2), May 31, 2005, 119 Stat. 332; Pub. L. 109–20, §7(i)(2), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(i)(2), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(i)(2), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(i)(2), July 28, 2005, 119 Stat. 419, provided that:
“(1)
“(2)
Pub. L. 109–115, div. A, title I, §140, Nov. 30, 2005, 119 Stat. 2420, which provided that the limitations on obligations for the programs of the Federal Transit Administration were not to apply to any authority under this section previously made available for obligation, or to any other authority previously made available for obligation, was from the Transportation, Treasury, Housing and Urban Development, the Judiciary, and Independent Agencies Appropriations Act, 2006 and was repeated in provisions of subsequent appropriations acts which are not set out in the Code.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–447, div. H, title I, §160, Dec. 8, 2004, 118 Stat. 3227.
Pub. L. 108–199, div. F, title I, §160, Jan. 23, 2004, 118 Stat. 308.
Pub. L. 108–7, div. I, title III, §309, Feb. 20, 2003, 117 Stat. 407.
Pub. L. 107–87, title III, §309, Dec. 18, 2001, 115 Stat. 855.
Pub. L. 106–346, §101(a) [title III, §311], Oct. 23, 2000, 114 Stat. 1356, 1356A–27.
Pub. L. 106–69, title III, §311, Oct. 9, 1999, 113 Stat. 1018.
Pub. L. 105–277, div. A, §101(g) [title III, §311], Oct. 21, 1998, 112 Stat. 2681–439, 2681–467.
Pub. L. 105–66, title III, §311, Oct. 27, 1997, 111 Stat. 1443.
Pub. L. 104–205, title III, §311, Sept. 30, 1996, 110 Stat. 2971.
Pub. L. 104–50, title III, §312, Nov. 15, 1995, 109 Stat. 455.
Pub. L. 103–331, title III, §313, Sept. 30, 1994, 108 Stat. 2490.
Pub. L. 103–122, title III, §313, Oct. 27, 1993, 107 Stat. 1221.
Pub. L. 102–388, title III, §313, Oct. 6, 1992, 106 Stat. 1546.
Pub. L. 102–143, title III, §313, Oct. 28, 1991, 105 Stat. 941, as amended by Pub. L. 102–240, title III, §§3003(b), 3004(b), Dec. 18, 1991, 105 Stat. 2088.
Pub. L. 101–516, title III, §313, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101–164, title III, §314, Nov. 21, 1989, 103 Stat. 1094.
Pub. L. 100–457, title III, §314, Sept. 30, 1988, 102 Stat. 2148.
Pub. L. 100–202, §101(l) [title III, §314], Dec. 22, 1987, 101 Stat. 1329–358, 1329–379.
Pub. L. 99–500, §101(l) [H.R. 5205, title III, §317], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l) [H.R. 5205, title III, §317], Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title III, §322], Dec. 19, 1985, 99 Stat. 1267, 1287.
1 So in original. Probably should be “(112 Stat. 392)—”.
(a)
(b)
(c)
(Added Pub. L. 108–7, div. I, title III, §356, Feb. 20, 2003, 117 Stat. 421; amended Pub. L. 109–59, title III, §3037(a), Aug. 10, 2005, 119 Stat. 1635.)
2005—Pub. L. 109–59 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “Effective for funds not yet expended on the effective date of this section, the Federal share for funds under this chapter for a grantee named in section 603(14) of Public Law 97–468 shall be the same as the Federal share under 23 U.S.C. section 120(b) for Federal aid highway funds apportioned to the State in which it operates.”
(a)
(b)
(1) 50 percent to States and urbanized areas in accordance with subsection (c); and
(2) 50 percent to States and urbanized areas in accordance with subsection (d).
(c)
(1)
(2)
(A)
(B)
(3)
(d)
(1)
(2)
(A) the total land area of the State (in square miles); multiplied by
(B) 370; multiplied by
(C)(i) the population of the State in urbanized areas; divided by
(ii) the total population of the State.
(3)
(4)
(5)
(Added Pub. L. 109–59, title III, §3038(a), Aug. 10, 2005, 119 Stat. 1636.)
2005—Pub. L. 109–59, title V, §§5401(c), 5402(c), Aug. 10, 2005, 119 Stat. 1815, 1820, substituted “National university transportation centers” for “University transportation research” in item 5505 and “University transportation research” for “Advanced vehicle technologies program” in item 5506.
1998—Pub. L. 105–178, title V, §§5110(b), 5111(b), June 9, 1998, 112 Stat. 444, 445, added items 5505 and 5506.
(a)
(b)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 848.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5501 | 49:101 (note). | Dec. 18, 1991, Pub. L. 102–240, §2, 105 Stat. 1914. |
In this section, the words “Dwight D. Eisenhower System of Interstate and Defense Highways” are substituted for “National System of Interstate and Defense Highways” because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).
(a)
(b)
(1) the Federal Highway Administration;
(2) the Federal Aviation Administration;
(3) the Maritime Administration;
(4) the Federal Railroad Administration;
(5) the Federal Transit Administration; and
(6) the Federal Motor Carrier Safety Administration.
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 849; Pub. L. 109–59, title IV, §4145(a), Aug. 10, 2005, 119 Stat. 1749.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5502 | 49:301 (note). | Dec. 18, 1991, Pub. L. 102–240, §5002(b), 105 Stat. 2158. |
2005—Subsec. (b)(6). Pub. L. 109–59 added par. (6).
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2), and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
(a)
(b)
(c)
(d)
(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.
(e)
(f)
(1)
(A) an assessment and forecast of the national intermodal transportation system's impact on mobility, safety, energy consumption, the environment, technology, international trade, economic activity, and quality of life in the United States;
(B) an assessment of the operational and economic attributes of each passenger and freight mode of transportation and the optimal role of each mode in the national intermodal transportation system;
(C) a description of recommended intermodal and multimodal research and development projects;
(D) a description of emerging trends that have an impact on the national intermodal transportation system;
(E) recommendations for improving intermodal policy, transportation decision-making, and financing to maximize mobility and the return on investment of Federal spending on transportation;
(F) an estimate of the impact of current Federal and State transportation policy on the national intermodal transportation system; and
(G) specific near and long-term goals for the national intermodal transportation system.
(2)
(A) describe progress made toward achieving the plan's goals;
(B) describe challenges and obstacles to achieving the plan's goals;
(C) update the plan to reflect changed circumstances or new developments; and
(D) make policy and legislative recommendations the Director believes are necessary and appropriate to achieve the goals of the plan.
(3)
(g)
(1) develop, in consultation with the modal administrations, and State and local planning organizations, common measures to compare transportation investment decisions across the various modes of transportation; and
(2) formulate a methodology for measuring the impact of intermodal transportation on—
(A) the environment;
(B) public health and welfare;
(C) energy consumption;
(D) the operation and efficiency of the transportation system;
(E) congestion, including congestion at the Nation's ports; and
(F) the economy and employment.
(h)
(i)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 850; Pub. L. 105–178, title V, §5109(b), June 9, 1998, 112 Stat. 440; Pub. L. 108–426, §4(c), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title IV, §4149, Aug. 10, 2005, 119 Stat. 1750; Pub. L. 110–244, title III, §301(k), June 6, 2008, 122 Stat. 1616.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5503 | 49:301 (note). | Dec. 18, 1991, Pub. L. 102–240, §5002(c), 105 Stat. 2158. |
Section 6009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (d)(1), is section 6009(b) of Pub. L. 102–240, which is set out as a note under section 508 of Title 23, Highways.
The date of enactment of the Motor Carrier Safety Reauthorization Act of 2005, referred to in subsec. (f)(2), is the date of enactment of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
2008—Subsec. (f)(2). Pub. L. 110–244, §301(k)(1), substituted “Motor Carrier Safety Reauthorization Act of 2005” for “Surface Transportation Safety Improvement Act of 2005” in introductory provisions.
Subsecs. (h), (i). Pub. L. 110–244, §301(k)(2), redesignated subsec. (h), relating to authorization of appropriations, as (i) and moved such subsec. to appear in proper order.
2005—Subsec. (e). Pub. L. 109–59, §4149(1), inserted at end “Amounts reserved under section 5504(d) not awarded to States as grants may be used by the Director to provide technical assistance under this subsection.”
Subsecs. (f), (g). Pub. L. 109–59, §4149(2), (3), added subsecs. (f) and (g). Former subsec. (f) redesignated (h) relating to administrative and clerical support.
Subsec. (h). Pub. L. 109–59, §4149(3), added subsec. (h) relating to authorization of appropriations.
Pub. L. 109–59, §4149(2), redesignated subsec. (f) as (h) relating to administrative and clerical support.
2004—Subsec. (a). Pub. L. 108–426 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall establish in the Office of the Secretary an Office of Intermodalism.”
1998—Subsecs. (d) to (g). Pub. L. 105–178 redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out heading and text of former subsec. (d). Text read as follows:
“(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.”
(a)
(b)
(c)
(d)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 850.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5504 | 49:301 (note). | Dec. 18, 1991, Pub. L. 102–240, §5003, 105 Stat. 2159. |
(a)
(1)
(2)
(b)
(c)
(1) University of Alaska.
(2) Marshall University, West Virginia, on behalf of a consortium of West Virginia colleges and universities.
(3) University of Minnesota.
(4) University of Missouri, Rolla.
(5) Northwestern University.
(6) Oklahoma Transportation Center.
(7) Portland State University, in partnership with the University of Oregon, Oregon State University, and the Oregon Institute of Technology.
(8) University of Vermont.
(9) Western Transportation Institute at Montana State University.
(10) University of Wisconsin.
(d)
(Added and amended Pub. L. 105–178, title V, §5110(a), (d), June 9, 1998, 112 Stat. 441; Pub. L. 105–206, title IX, §9011(d), July 22, 1998, 112 Stat. 863; Pub. L. 109–59, title V, §5401(a), Aug. 10, 2005, 119 Stat. 1814.)
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to national university transportation centers for provisions relating to university transportation research.
1998—Subsec. (g)(2). Pub. L. 105–178, §5110(d)(1), as added by Pub. L. 105–206, substituted “section 508 of title 23, United States Code,” for “section 5506,”.
Subsec. (i). Pub. L. 105–178, §5110(d)(2), as added by Pub. L. 105–206, inserted “Subject to section 5338(e):” before par. (1) and substituted “institutions or groups of institutions” for “institutions” wherever appearing.
Subsec. (j)(4)(B). Pub. L. 105–178, §5110(d)(3), as added by Pub. L. 105–206, substituted “on behalf of a consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, and Bluefield State College” for “on behalf of a consortium of West Virginia colleges and universities”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
1 So in original. Probably should be followed by “of”.
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(A) 10 regional university transportation centers; and
(B) 10 Tier I university transportation centers.
(2)
(A) For each of fiscal years 2006 through 2009, the Secretary shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate 22 Tier II university transportation centers.
(B) The Tier II centers consist of the following:
(i) University of Arkansas, Mack-Blackwell Rural Transportation Center.
(ii) University of California, Davis.
(iii) California State University, San Bernardino.
(iv) Cleveland State University, Work Zone Safety Institute.
(v) University of Connecticut.
(vi) University of Delaware in Newark.
(vii) University of Detroit Mercy (including the coalition partners of the university).
(viii) George Mason University.
(ix) Hampton University, Eastern Seaboard Intermodal Transportation Applications Center (ESITAC).
(x) Kansas State University.
(xi) Louisiana State University, LTRC-TTEC.
(xii) University of Massachusetts Amherst.
(xiii) Michigan Technological University.
(xiv) University of Nevada Las Vegas.
(xv) North Carolina State University, Center for Transportation and the Environment.
(xvi) Northwestern University.
(xvii) Ohio Higher Education Transportation Consortium University of Akron.
(xviii) University of Rhode Island.
(xix) University of Toledo.
(xx) Utah State University.
(xxi) Youngstown State University.
(xxii) University of Memphis.
(3)
(4)
(d)
(1)
(2)
(A) The demonstrated research and extension resources available to the recipient to carry out this section.
(B) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems.
(C) The recipient's demonstrated commitment of at least $400,000 each year in regularly budgeted institutional amounts to support ongoing transportation research and education programs.
(D) The recipient's demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program.
(E) The strategic plan the recipient proposes to carry out under the grant.
(e)
(1)
(2)
(A) the criteria described in subsection (d)(2);
(B) the location of the center within the Federal region to be served; and
(C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) demonstrates that it has a well-established, nationally recognized program in transportation research and education, as evidenced by—
(i) not less than $2,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years;
(ii) not less than 10 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; and
(iii) not less than 5 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation who, as a group, have published a total at least 50 refereed journal publications on highway or public transportation research during the preceding 5 years.
(3)
(4)
(5)
(A) $1,000,000 for fiscal year 2005;
(B) $2,000,000 for each of fiscal years 2006 through 2008; and
(C) $2,250,000 for fiscal year 2009.
(f)
(1)
(2)
(A) the criteria described in subsection (d)(2); and
(B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an established, recognized program in transportation research and education, as evidenced by—
(i) not less than $1,000,000 in highway or public transportation research expenditures each year for each of the preceding 5 years or not less than $6,000,000 in such expenditures during the 5 preceding years;
(ii) not less than 5 graduate degrees awarded in professional fields closely related to highways and public transportation each year for each of the preceding 5 years; and
(iii) not less than 3 tenured or tenure-track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transportation who, as a group, have published a total at least 20 refereed journal publications on highway or public transportation research during the preceding 5 years.
(3)
(4)
(5)
(g)
(1)
(2)
(h)
(1) the report of the National Highway Research and Technology Partnership entitled “Highway Research and Technology: The Need for Greater Investment”, dated April 2002; and
(2) the programs of the National Research and Technology Program of the Federal Transit Administration.
(i)
(1)
(2)
(j)
(k)
(1)
(2)
(3)
(l)
(m)
(Added Pub. L. 105–178, title V, §5111(a), June 9, 1998, 112 Stat. 444; amended Pub. L. 109–59, title V, §5402(a), Aug. 10, 2005, 119 Stat. 1815; Pub. L. 110–244, title I, §§111(g)(3), 116, June 6, 2008, 122 Stat. 1605, 1607.)
2008—Subsec. (c)(2)(B). Pub. L. 110–244, §111(g)(3)(A), substituted “Tier” for “tier” in introductory provisions.
Subsec. (e)(5)(C). Pub. L. 110–244, §116, substituted “$2,250,000” for “$2,225,000”.
Subsec. (i). Pub. L. 110–244, §111(g)(3)(B), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (k)(3). Pub. L. 110–244, §111(g)(3)(C), substituted “For each of fiscal years 2008 and 2009, the Secretary shall expend not more than 1.5 percent of amounts made available to carry out this section” for “The Secretary shall expend not more than $400,000 for each of fiscal years 2005 through 2009 from amounts made available to carry out this section”.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to university transportation research for provisions relating to advanced vehicle technologies program.
In this chapter, “civic and cultural activities” includes libraries, musical and dramatic presentations, art exhibits, adult education programs, public meeting places, and other facilities for carrying on an activity any part of which is supported under a law of the United States.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5561 | 49 App.:1653(i)(10). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(10); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
In this chapter, both sections 6 and 15 of the Amtrak Improvement Act (Public Law 93–496, 88 Stat. 1528, 1533) are listed as source credits for the addition of section 4(i) to the Department of Transportation Act (Public Law 89–670, 80 Stat. 931). This is done to conform to the probable intent of Congress as evidenced by the directory language of section 15 of the Act of October 28, 1974.
In this section, the words “for community groups, convention visitors and others” are omitted as unnecessary.
(a)
(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)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5562(a) | 49 App.:1653(i)(1). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(1); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1528, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(1), (2), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5562(b) | 49 App.:1653(i)(11). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(11); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5562(c) | 49 App.:1653(i)(4). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(4); added Feb. 5, 1976, Pub. L. 94–210, §707(4), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
In subsection (a)(3), the words “but only if” are substituted for “unless . . . would not” for consistency.
In subsection (a)(4), the word “encourage” is substituted for “stimulating” for clarity.
In subsection (b), the words “This chapter does not affect” are substituted for “Nothing in this subsection shall be construed to invalidate” for clarity and consistency. The words “rail passenger terminal” are substituted for “station”, and the word “law” is substituted for “statute”, for consistency.
(a)
(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)
(c)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5563(a), (b) | 49 App.:1653(i)(2) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(2); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1528, 1533; May 26, 1975, Pub. L. 94–25, §13, 89 Stat. 93; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929. |
| 5563(c) | 49 App.:1653(i)(2) (last sentence). |
In subsection (a), before clause (1), the words “to convert a rail passenger terminal to an intermodal transportation terminal under section 5562(a)(1) of this title” are substituted for “for the purpose set forth in paragraph (1)(A) of this subsection” for clarity and because of the restatement. In clause (5), the word “prescribed” is substituted for “develop and promulgate” for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for “and such judgment is concurred in by consultants recommended by the Chairman of the National Endowment of [sic] the Arts and the Advisory Council on Historic Preservation and retained for this purpose by the Secretary” for clarity and consistency in the revised title.
(a)
(b)
(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)
(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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5564(a) | 49 App.:1653(i)(3) (1st sentence words before proviso). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(3); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1529, 1533; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929. |
| 5564(b) | 49 App.:1653(i)(3) (1st sentence proviso). | |
| 5564(c) | 49 App.:1653(i)(3) (2d, last sentences). |
In subsection (a), the words “Subject to subsection (b) of this section” are added for clarity. The word “authority” is substituted for “entity” for consistency in the revised title. The words “in accordance with regulations” and “applicable” are omitted as surplus.
In subsection (b), the words before clause (1) are substituted for “Provided, That” for clarity and consistency in the revised title.
In subsection (c)(2), the words “The Secretary of Transportation may not make a grant” are substituted for “The amount of the Federal share of any grant . . . shall not exceed” for clarity and consistency in this chapter.
(a)
(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)
(c)
(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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853; Pub. L. 103–429, §6(15), Oct. 31, 1994, 108 Stat. 4379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5565(a) | 49 App.:1653(i)(5) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(5); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1529, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929; Sept. 29, 1979, Pub. L. 96–73, §128, 93 Stat. 553; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5565(b) | 49 App.:1653(i)(5) (2d sentence). | |
| 5565(c) | 49 App.:1653(i)(5) (3d, last sentences). |
In subsection (a), before clause (1), the word “authority” is substituted for “entity” for consistency in the revised title. The words “in accordance with regulations” are omitted as unnecessary because of 49:322(a). In clause (1), the words “as well as requirements . . . under this subsection” are omitted as unnecessary because of the restatement. In clause (2), the words “into an intermodal transportation terminal, a civic or cultural center, or both” are omitted as unnecessary. In clause (3), the word “prescribed” is substituted for “establishes” as being more appropriate.
In subsection (b), the words “carried out” are substituted for “implemented and effectuated” for consistency in the revised title.
In subsection (c)(2), the words “The Secretary of Transportation may not make a grant” are substituted for “The amount of the Federal share of any grant . . . shall not exceed” for clarity and consistency in this chapter. The word “undertaking” is omitted as being included in “project”.
This amends 49:5565 to correct an erroneous section catchline.
1994—Pub. L. 103–429 inserted “certain” after “converting” in section catchline.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5566(a) | 49 App.:1653(i)(8) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(8); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 5566(b) | 49 App.:1653(i)(8) (last sentence). |
In this section, the word “undertaking” is omitted as being included in “project”.
In subsection (a), before clause (1), the word “fully” is omitted as surplus.
In subsection (b), the words “the expiration of” and “of the United States” are omitted as surplus. The words “or any of their duly authorized representatives” are omitted as unnecessary because of 49:322(b) and 31:711(2). The words “may audit and inspect” are substituted for “shall have access for the purpose of audit and examination” for consistency in the revised title and with other titles of the United States Code. The word “recipient” is substituted for “such receipts” to correct an error in the underlying source provisions.
Amtrak shall give preference to the use of rail passenger terminal facilities that will preserve buildings of historic or architectural significance.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5567 | 49 App.:1653(i)(7). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(7); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
The word “Amtrak” is substituted for “The National Railroad Passenger Corporation” for consistency in the revised title. The words “rail passenger terminal” are substituted for “station” for consistency in this chapter. The word “or” is substituted for “and” for consistency with the source provisions being restated in section 5562(a)(3) of the revised title.
(a)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5568 | 49 App.:1653(i)(9). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(9); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; restated Feb. 5, 1976, Pub. L. 94–210, §707(3), (5), 90 Stat. 125; Oct. 19, 1976, Pub. L. 94–555, §219(a), 90 Stat. 2629; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
In subsection (a), before clause (1), the words “to the Secretary of Transportation” are added for clarity and consistency in this chapter.
In subsection (b), the words “to carry out” are substituted for “for the purpose set forth . . . in” for consistency in the revised title and with other titles of the United States Code.
2008—Pub. L. 110–244, title III, §302(g), June 6, 2008, 122 Stat. 1618, substituted “transportation” for “Transportation” in item 5701.
2005—Pub. L. 109–59, title VII, §7203, Aug. 10, 2005, 119 Stat. 1913, reenacted chapter heading without change and amended table of sections generally, substituting item 5701 for former items 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”, and 5714 “Coordination procedures”.
(a)
(1)
(A) food in violation of regulations promulgated under section 416 of the Federal Food, Drug, and Cosmetic Act;
(B) a carcass, part of a carcass, meat, meat food product, or animal subject to detention under section 402 of the Federal Meat Inspection Act (21 U.S.C. 672); and
(C) poultry products or poultry subject to detention under section 19 of the Poultry Products Inspection Act (21 U.S.C. 467a).
(2)
(A)
(B)
(3)
(b)
(c)
(Added Pub. L. 109–59, title VII, §7203, Aug. 10, 2005, 119 Stat. 1913.)
Section 416 of the Federal Food, Drug, and Cosmetic Act, referred to in subsec. (a)(1)(A), is classified to section 350e of Title 21, Food and Drugs.
Prior sections 5701 to 5714 were omitted in the general amendment of this chapter by Pub. L. 109–59, §7203.
Section 5701, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854, related to findings.
Section 5702, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854, defined terms.
Section 5703, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 855, directed Secretary to prescribe regulations.
Section 5704, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 856, related to prohibited use of tank trucks, rail tank cars, and cargo tanks.
Section 5705, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857, related to prohibited motor and rail transportation of nonfood products.
Section 5706, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857, related to dedication of vehicles to transport asbestos, extremely dangerous products, or refuse.
Section 5707, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 857, related to waiver of provisions.
Section 5708, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to food transportation inspections. See section 5701 of this title.
Section 5709, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to consultation with Secretaries of Agriculture and Health and Human Services and Administrator of the Environmental Protection Agency.
Section 5710, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to duties and powers of Secretary.
Section 5711, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 858, related to enforcement and penalties.
Section 5712, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859, related to relationship to other laws.
Section 5713, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859, related to application of sections 5711 and 5712.
Section 5714, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859, related to coordination between departments, agencies, and instrumentalities.
Section effective Oct. 1, 2005, see section 7204 of Pub. L. 109–59, set out as an Effective Date of 2005 Amendment note under section 331 of Title 21, Food and Drugs.
1996—Pub. L. 104–291, title II, §§208(b), 209(b), Oct. 11, 1996, 110 Stat. 3457, 3458, substituted “Effective date” for “Regulations and effective date” in item 5907 and added item 5908.
In this chapter—
(1) except as otherwise provided in this chapter, the definitions in sections 10102 and 13102 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 40102 of title 46) 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) “gross cargo weight” means the weight of the cargo, packaging materials (including ice), pallets, and dunnage.
(7) “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.
(8) “trailer” means a nonpower, property-carrying, trailing unit that is designed for use in combination with a truck tractor.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 859; Pub. L. 104–291, title II, §203, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 109–304, §17(h)(2), Oct. 6, 2006, 120 Stat. 1709.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5901(1) | 49:501(a)(1). | |
| 5901(2) | 49:501(a)(4). | |
| 5901(3) | 49:501(a)(5). | |
| 5901(4) | 49:501(a)(6). | |
| 5901(5) | 49:501(a)(7). | |
| 5901(6) | 49:501(a)(8). | |
| 5901(7) | 49:501(a)(9). |
This chapter restates 49:508 and the relevant definitions in 49:501 because the subject matter more appropriately belongs in subtitle III of title 49. The text of 49:501(a)(1) is restated to incorporate the definitions in 49:10102. The terms defined in 49:501(a)(2) and (3) are not used in this chapter.
In clause (2), the word “including” is substituted for “For purposes of this paragraph . . . shall be treated as a beneficial owner of such property” for consistency and to eliminate unnecessary words. The words “is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property” are substituted for “providing or arranging for any portion of intermodal transportation of property shall in no case be a beneficial owner of such property, for purposes of this paragraph, solely by reason of providing or arranging for such transportation” to eliminate unnecessary words.
In clause (3)(A), the words “(as such terms are defined in section 10102 of this title)” are omitted as unnecessary because of clause (1) of this section.
In clause (7), the words “property-carrying” are substituted for “cargo carrying” for consistency in the revised title.
2006—Par. (3)(B). Pub. L. 109–304 substituted “section 40102 of title 46” for “section 3 of the Shipping Act of 1984 (46 App. U.S.C. 1702)”.
1996—Par. (1). Pub. L. 104–291, §203(1), added par. (1) and struck out former par. (1) which read as follows: “the definitions in section 10102 of this title apply.”
Pars. (6) to (8). Pub. L. 104–291, §203(2), (3), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
(a)
(b)
(1)
(2)
(A) the actual gross cargo weight;
(B) a reasonable description of the contents of the container or trailer;
(C) the identity of the certifying party;
(D) the container or trailer number; and
(E) the date of certification or transfer of data to another document, as provided for in paragraph (3).
(3)
(4)
(5)
(6)
(7)
(c)
(d)
(1) a person inaccurately transfers information on a certification required by subsection (b)(1), or fails to forward a certification to the subsequent carrier;
(2) as a result of the inaccurate transfer of such information or a failure to forward a certification, the subsequent carrier incurs a bond, fine, penalty, or cost (including storage), or interest; and
(3) that subsequent carrier exercises its rights to a lien under section 5905,
then that person is liable to the owner or beneficial owner, or to any other person paying the amount of the lien to the subsequent carrier, for the amount of the lien and all costs related to the imposition of the lien, including court costs and legal fees incurred in connection with it.
(e)
(A) performs the highway portion of the intermodal movement; or
(B) assumes the responsibility for any weight-related fine or penalty incurred by any other motor carrier that performs a part of the highway transportation.
(2) 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.
(3) 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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 860; Pub. L. 104–291, title II, §204, Oct. 11, 1996, 110 Stat. 3453.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5902(a) | 49:508(a)(1). | |
| 5902(b) | 49:508(a)(2). | |
| 5902(c) | 49:508(b). | |
| 5902(d)(1) | 49:508(e). | |
| 5902(d)(2) | 49:508(a)(4). |
In subsection (c), the words “shall forward” are substituted for “It shall be a violation of this section for . . . to fail to forward” for clarity. The words “may not be construed as” are substituted for “shall not constitute, or in any way be construed as” to eliminate unnecessary words.
In subsection (d)(2), the words “is deemed not to be” are substituted for “shall not be considered to be” for consistency in the revised title.
1996—Subsec. (a). Pub. L. 104–291, §204(a)(4), (5), substituted “electronically or by telephone. This subsection applies to any person within the United States who tenders a container or trailer subject to this chapter for intermodal transportation if the first carrier is a motor carrier.” for “electronically.”
Pub. L. 104–291, §204(a)(3), inserted “before the tendering of the container or trailer” after “contents of the container or trailer”.
Pub. L. 104–291, §204(a)(2), substituted “29,000 pounds is tendered for intermodal transportation is a motor carrier, the person tendering the container or trailer shall give the motor carrier a” for “10,000 pounds (including packing material and pallets), the person shall give the carrier a written”.
Pub. L. 104–291, §204(a)(1), substituted “If the first carrier to which any” for “Before a person tenders to a first carrier for intermodal transportation a”.
Subsec. (b). Pub. L. 104–291, §204(b), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “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.”
Subsec. (c). Pub. L. 104–291, §204(c)(2), inserted at end “If a person inaccurately transfers the information on the certification, or fails to forward the certification to a subsequent carrier, then that person is liable to any person who incurs any bond, fine, penalty, cost (including storage), or interest for any such fine, penalty, cost (including storage), or interest incurred as a result of the inaccurate transfer of information or failure to forward the certification. A subsequent carrier who incurs a bond, fine, penalty, or cost (including storage), or interest as a result of the inaccurate transfer of the information, or the failure to forward the certification, shall have a lien against the contents of the container or trailer under section 5905 in the amount of the bond, fine, penalty, or cost (including storage), or interest and all court costs and legal fees incurred by the carrier as a result of such inaccurate transfer or failure.”
Pub. L. 104–291, §204(c)(1), substituted “transportation before or when the loaded intermodal container or trailer is tendered to the subsequent carrier. If no certification is received by the subsequent carrier before or when the container or trailer is tendered to it, the subsequent carrier may presume that no certification is required.” for “transportation.”
Subsec. (d). Pub. L. 104–291, §204(d), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 104–291, §204(d), (e), redesignated subsec. (d) as (e), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and adjusted margin of par. (2).
(a)
(b)
(1)
(2)
(c)
(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.
(d)
(1)
(A) the motor carrier shall give notice to the operator of a vehicle which is leased by the vehicle operator to a motor carrier that transports an intermodal container or trailer of the gross cargo weight of the container or trailer as certified to the motor carrier under section 5902(b);
(B) the notice shall be provided to the operator prior to the operator being tendered the container or trailer;
(C) the notice required by this subsection shall be in writing, but may be transmitted electronically; and
(D) the motor carrier shall bear the burden of proof to establish that it tendered the required notice to the operator.
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 860; Pub. L. 104–291, title II, §205, Oct. 11, 1996, 110 Stat. 3456.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5903(a) | 49:508(a)(3) (related to violations). | |
| 5903(b) | 49:508(d). | |
| 5903(c) | 49:508(c). |
In this section, the words “may not” are substituted for “it shall be a violation” and “It shall be unlawful” for consistency in the revised title.
In subsection (a), the words “After the date on which the Secretary of Transportation issues final regulations to enforce this section” are omitted because of section 5907(b) of the revised title. The words “to fail to comply with paragraph (1) or (2)” are omitted as unnecessary because the failure to comply with an affirmative duty is a violation without the need to say so specifically. The word “false” is omitted as included in “erroneous”. The word “written” is omitted as surplus.
In subsection (b), the words “(as such term is defined in section 10102 of this title)” are omitted as unnecessary because of section 5901(1) of the revised title. The word “transport” is substituted for “provide transportation of” for consistency and to eliminate unnecessary words.
1996—Subsec. (a). Pub. L. 104–291, §205(1), inserted “, To whom section 5902(b) applies,” after “person”.
Subsec. (b). Pub. L. 104–291, §205(2), added subsec. (b) and struck out former subsec. (b) which read as follows:
“(b)
Subsec. (c). Pub. L. 104–291, §205(3), substituted “29,000 pounds” for “10,000 pounds (including packing materials and pallets)”.
Subsec. (d). Pub. L. 104–291, §205(4), added subsec. (d).
1 So in original. Probably should not be capitalized.
(a)
(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)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5904(a) | 49:508(f). | |
| 5904(b) | 49:508(h). |
In subsection (a)(1), the words “false” and “written” are omitted as surplus and for consistency with section 5903(a) of the revised title.
In subsection (b), the words “does not require” are substituted for “shall not be construed as creating any obligation or responsibility for” to eliminate unnecessary words. The words “State highway weight law or regulation” are substituted for “State statutes or regulations prescribing weight limitations for highway transportation” for consistency with subsection (a) of this section and to eliminate unnecessary words.
(a)
(1) erroneous information provided by the certifying party in the certification to the first carrier in violation of section 5903(a) of this title;
(2) the failure of the party required to provide the certification to the first carrier to provide it;
(3) the failure of a person required under section 5902(c) to forward the certification to forward it; or
(4) an error occurring in the transfer of information on the certification to another document under section 5902(b)(3) or (c),
then the person posting the bond, or paying the fine, penalty, costs (including storage), or interest has a lien against the contents equal to the amount of the bond, fine, penalty, cost (including storage), 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 or forwarding the certification, or transferring the information from the certification to another document.
(b)
(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.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861; Pub. L. 104–291, title II, §206, Oct. 11, 1996, 110 Stat. 3457.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5905(a) | 49:508(g)(1). | |
| 5905(b) | 49:508(g)(2)(A), (B). |
In this section, the word “expenses” is omitted as surplus.
In subsection (a), the words “false” and “written” are omitted as surplus and for consistency with section 5903(a) of the revised title.
In subsection (b)(1), the word “establish” is substituted for “determine” for consistency in the revised title.
In subsection (b)(2), the words “is deemed not to be” are substituted for “shall not be treated as” for consistency in the revised title.
1996—Subsec. (a). Pub. L. 104–291, §206(1), added subsec. (a) and struck out former subsec. (a) which read as follows:
“(a)
Subsec. (b)(1). Pub. L. 104–291, §206(3), substituted “cost (including storage), or interest. The lien shall remain in effect until the lien holder has received payment for all costs and expenses described in subsection (a) of this section.” for “cost, or interest.”
Pub. L. 104–291, §206(2), inserted “, or the owner or beneficial owner of the contents,” after “first carrier”.
Section 5905 of this title does 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.)).
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861; Pub. L. 104–291, title II, §207, Oct. 11, 1996, 110 Stat. 3457.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5906 | 49:508(g)(2)(C). |
The Perishable Agricultural Commodities Act, 1930, referred to in text, is act June 10, 1930, ch. 436, 46 Stat. 531, as amended, which is classified generally to chapter 20A (§499a et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 499a(a) of Title 7 and Tables.
1996—Pub. L. 104–291 substituted “Section 5905 of this title does” for “Sections 5904(a)(2) and 5905 of this title do”.
This chapter shall take effect 180 days after the date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 862; Pub. L. 104–291, title II, §208(a), Oct. 11, 1996, 110 Stat. 3457.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5907(a) | 49:508 (note). | Oct. 28, 1992, Pub. L. 102–548, §2(d), 106 Stat. 3649. |
| 5907(b) | 49:508(a)(3) (related to effective date). |
In subsection (a), the words “shall initiate a proceeding to issue regulations . . . within 180 days after the date of enactment of this Act” are omitted as executed.
Subsection (b) is substituted for the source provision and made applicable to the entire chapter for clarity.
The date of enactment of the Intermodal Safe Container Transportation Amendments Act of 1996, referred to in text, is the date of enactment of Pub. L. 104–291, which was approved Oct. 11, 1996.
1996—Pub. L. 104–291 substituted “Effective date” for “Regulations and effective date” in section catchline and amended text generally. Prior to amendment, text read as follows:
“(a)
“(b)
Nothing in this chapter affects—
(1) chapter 51 (relating to transportation of hazardous material) or the regulations promulgated under that chapter; or
(2) any State highway weight or size law or regulation applicable to tractor-trailer combinations.
(Added Pub. L. 104–291, title II, §209(a), Oct. 11, 1996, 110 Stat. 3458.)
2006—Pub. L. 109–468, §3(b), Dec. 29, 2006, 120 Stat. 3490, added item 6109.
2002—Pub. L. 107–355, §2(c)(2), Dec. 17, 2002, 116 Stat. 2986, substituted “Implementation of best practices guidelines” for “Review of one-call system best practices” in item 6105.
The purposes of this chapter are—
(1) to enhance public safety;
(2) to protect the environment;
(3) to minimize risks to excavators; and
(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during excavation through the voluntary adoption and efficient implementation by all States of State one-call notification programs that meet the minimum standards set forth under section 6103.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 478.)
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Pub. L. 105–178, title VII, §7301, June 9, 1998, 112 Stat. 477, provided that: “Congress finds that—
“(1) unintentional damage to underground facilities during excavation is a significant cause of disruptions in telecommunications, water supply, electric power, and other vital public services, such as hospital and air traffic control operations, and is a leading cause of natural gas and hazardous liquid pipeline accidents;
“(2) excavation that is performed without prior notification to an underground facility operator or with inaccurate or untimely marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and
“(3) protection of the public and the environment from the consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to improve one-call notification programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs.”
In this chapter, the following definitions apply:
(1)
(2)
(3)
(4)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 478.)
(a)
(1) appropriate participation by all underground facility operators, including all government operators;
(2) appropriate participation by all excavators, including all government and contract excavators; and
(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
(b)
(1) damage to types of underground facilities; and
(2) activities of types of excavators.
(c)
(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;
(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and
(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment.
(d)
(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;
(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;
(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;
(4) equitable relief; and
(5) citation of violations.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, §2(a), Dec. 17, 2002, 116 Stat. 2985; Pub. L. 112–90, §3(a), Jan. 3, 2012, 125 Stat. 1906.)
Pub. L. 112–90, §3(a), (c), Jan. 3, 2012, 125 Stat. 1906, provided that, effective 2 years after Jan. 3, 2012, subsection (a) of this section is amended to read as follows:
(a)
(1)
(A) appropriate participation by all underground facility operators, including all government operators;
(B) appropriate participation by all excavators, including all government and contract excavators; and
(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.
(2)
See 2012 Amendment note below.
2012—Subsec. (a). Pub. L. 112–90, §3(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for—
“(1) appropriate participation by all underground facility operators, including all government operators;
“(2) appropriate participation by all excavators, including all government and contract excavators; and
“(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.”
2002—Subsec. (a)(1). Pub. L. 107–355, §2(a)(1)(A), inserted “, including all government operators” before semicolon at end.
Subsec. (a)(2). Pub. L. 107–355, §2(a)(1)(B), inserted “, including all government and contract excavators” before semicolon.
Subsec. (c). Pub. L. 107–355, §2(a)(2), substituted “provide for and document” for “provide for” in introductory provisions.
Pub. L. 112–90, §3(c), Jan. 3, 2012, 125 Stat. 1906, provided that: “The amendments made by this section [amending this section and section 60134 of this title] shall take effect 2 years after the date of enactment of this Act [Jan. 3, 2012].”
(a)
(b)
(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.
(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106.
(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).
(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary.
(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public.
(c)
(d)
(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c);
(2) an analysis by the Secretary of the overall effectiveness of each State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;
(3) the impact of each State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and
(4) areas where improvements are needed in one-call notification systems in operation in each State.
The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, §2(b), Dec. 17, 2002, 116 Stat. 2985.)
The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
2002—Subsec. (d). Pub. L. 107–355 substituted “The Secretary shall” for “Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to” in introductory provisions.
(a)
(b)
(c)
(1)
(2)
(3)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 480; amended Pub. L. 107–355, §2(c)(1), Dec. 17, 2002, 116 Stat. 2985.)
2002—Pub. L. 107–355 amended section generally. Prior to amendment, section related to study of existing one-call systems, purpose and considerations of study, report by Secretary within one year of June 9, 1998, and discretion of Secretary as to whether to carry out study.
(a)
(1) the overall quality and effectiveness of one-call notification systems in the State;
(2) communications systems linking one-call notification systems;
(3) location capabilities, including training personnel and developing and using location technology;
(4) record retention and recording capabilities for one-call notification systems;
(5) public information and education;
(6) participation in one-call notification systems; or
(7) compliance and enforcement under the State one-call notification program.
(b)
(c)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 482.)
The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
(a)
(b)
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 482; amended Pub. L. 107–355, §2(d), Dec. 17, 2002, 116 Stat. 2986; Pub. L. 109–468, §18(d), Dec. 29, 2006, 120 Stat. 3498; Pub. L. 112–90, §32(c), Jan. 3, 2012, 125 Stat. 1922.)
2012—Subsecs. (a), (b). Pub. L. 112–90, §32(c)(1), (2), substituted “2012 through 2015.” for “2007 through 2010.”
Subsec. (c). Pub. L. 112–90, §32(c)(3), struck out subsec. (c). Text read as follows: “Any sums appropriated under this section shall be derived from general revenues and may not be derived from amounts collected under section 60301 of this title.”
2006—Subsecs. (a), (b). Pub. L. 109–468 substituted “fiscal years 2007 through 2010” for “fiscal years 2003 through 2006”.
2002—Subsec. (a). Pub. L. 107–355, §2(d)(1), substituted “$1,000,000 for each of fiscal years 2003 through 2006” for “$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001” in first sentence.
Subsec. (b). Pub. L. 107–355, §2(d)(2), substituted “for fiscal years 2003 through 2006” for “for fiscal years 1999, 2000, and 2001”.
Nothing in this chapter preempts State law or shall impose a new requirement on any State or mandate revisions to a one-call system.
(Added Pub. L. 105–178, title VII, §7302(a), June 9, 1998, 112 Stat. 482.)
(a)
(b)
(Added Pub. L. 109–468, §3(a), Dec. 29, 2006, 120 Stat. 3489.)
A prior subtitle IV, consisting of chapters 101 to 119, related to interstate commerce, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1997—Pub. L. 105–102, §2(5), Nov. 20, 1997, 111 Stat. 2204, struck out “AND TARIFFS” after “RATES” in item for chapter 155.
In regulating the railroad industry, it is the policy of the United States Government—
(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board;
(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;
(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;
(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;
(7) to reduce regulatory barriers to entry into and exit from the industry;
(8) to operate transportation facilities and equipment without detriment to the public health and safety;
(9) to encourage honest and efficient management of railroads;
(10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;
(11) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;
(13) to ensure the availability of accurate cost information in regulatory proceedings, while minimizing the burden on rail carriers of developing and maintaining the capability of providing such information;
(14) to encourage and promote energy conservation; and
(15) to provide for the expeditious handling and resolution of all proceedings required or permitted to be brought under this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 805.)
Prior sections 10101 and 10101a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 96–296, §4, July 1, 1980, 94 Stat. 793; Pub. L. 96–448, title I, §101(b), Oct. 14, 1980, 94 Stat. 1898; Pub. L. 97–261, §5, Sept. 20, 1982, 96 Stat. 1103; Pub. L. 103–311, title II, §204, Aug. 26, 1994, 108 Stat. 1683, related to transportation policy. See sections 13101 and 15101 of this title.
Section 10101a, added Pub. L. 96–448, title I, §101(a), Oct. 14, 1980, 94 Stat. 1897, related to rail transportation policy.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Pub. L. 110–432, div. A, title VI, §601, Oct. 16, 2008, 122 Stat. 4900, provided that: “This title [enacting sections 10908 to 10910 of this title and amending section 10501 of this title] may be cited as the ‘Clean Railroads Act of 2008’.”
Pub. L. 110–291, §1, July 30, 2008, 122 Stat. 2915, provided that: “This Act [amending sections 13102, 13902, and 13905 of this title and enacting provisions set out as notes under section 13902 of this title] may be cited as the ‘Over-the-Road Bus Transportation Accessibility Act of 2007’.”
Pub. L. 109–59, title IV, §4201, Aug. 10, 2005, 119 Stat. 1751, provided that: “This subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, enacting sections 14710, 14711, and 14915 of this title, amending sections 13102, 13707, 13902, 14104, 14501, 14706, 14708, and 14901 of this title, and enacting provisions set out as notes under sections 13102, 14701, 14706, and 14710 of this title] may be cited as the ‘Household Goods Mover Oversight Enforcement and Reform Act of 2005’[.]”
Pub. L. 109–59, title IV, §4301, Aug. 10, 2005, 119 Stat. 1761, provided that: “This subtitle [subtitle C (§§4301–4308) of title IV of Pub. L. 109–59, enacting sections 14504a and 14506 of this title, amending sections 13902, 13905, 13906, 13908, 31102, and 31103 of this title, repealing section 14504 of this title, and enacting provisions set out as notes under sections 13902 and 14504 of this title] may be cited as the ‘Unified Carrier Registration Act of 2005’.”
Pub. L. 107–298, §1, Nov. 26, 2002, 116 Stat. 2342, provided that: “This Act [amending sections 13102, 13506, 14501, and 31138 of this title] may be cited as the ‘Real Interstate Driver Equity Act of 2002’.”
Pub. L. 99–521, §1, Oct. 22, 1986, 100 Stat. 2993, provided that: “This Act [see Tables for classification] may be cited as the ‘Surface Freight Forwarder Deregulation Act of 1986’.”
Section 1 of Pub. L. 97–261 provided: “That this Act [see Tables for classification] may be cited as the ‘Bus Regulatory Reform Act of 1982’.”
Pub. L. 96–454, §1, Oct. 15, 1980, 94 Stat. 2011, provided: “That this Act [see Tables for classification] may be cited as the ‘Household Goods Transportation Act of 1980’.”
Section 1 of Pub. L. 96–448 provided that: “This Act [see Tables for classification] may be cited as the ‘Staggers Rail Act of 1980’.”
Section 1 of Pub. L. 96–296 provided: “That this Act [see Tables for classification] may be cited as the ‘Motor Carrier Act of 1980’.”
In this part—
(1) “Board” means the Surface Transportation Board;
(2) “car service” includes (A) the use, control, supply, movement, distribution, exchange, interchange, and return of locomotives, cars, other vehicles, and special types of equipment used in the transportation of property by a rail carrier, and (B) the supply of trains by a rail carrier;
(3) “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means;
(4) “person”, in addition to its meaning under section 1 of title 1, includes a trustee, receiver, assignee, or personal representative of a person;
(5) “rail carrier” means a person providing common carrier railroad transportation for compensation, but does not include street, suburban, or interurban electric railways not operated as part of the general system of rail transportation;
(6) “railroad” includes—
(A) a bridge, car float, lighter, ferry, and intermodal equipment used by or in connection with a railroad;
(B) the road used by a rail carrier and owned by it or operated under an agreement; and
(C) a switch, spur, track, terminal, terminal facility, and a freight depot, yard, and ground, used or necessary for transportation;
(7) “rate” means a rate or charge for transportation;
(8) “State” means a State of the United States and the District of Columbia;
(9) “transportation” includes—
(A) a locomotive, car, vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, by rail, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, and interchange of passengers and property; and
(10) “United States” means the States of the United States and the District of Columbia.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 806.)
Prior sections 10102 and 10103 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1338; Pub. L. 96–296, §10(a)(1), July 1, 1980, 94 Stat. 799; Pub. L. 96–454, §3(a), Oct. 15, 1980, 94 Stat. 2011; Pub. L. 97–261, §6(d)(1), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, §4, Oct. 22, 1986, 100 Stat. 2993; Pub. L. 103–272, §5(m)(13), July 5, 1994, 108 Stat. 1377; Pub. L. 103–311, title II, §§205(b), 206(f), Aug. 26, 1994, 108 Stat. 1683, 1686, defined terms used in this subtitle. See sections 10102, 13102, and 15102 of this title.
Section 10103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1340; Pub. L. 96–448, title II, §214(c)(2), Oct. 14, 1980, 94 Stat. 1915, provided that the remedies under this subtitle were cumulative. See sections 10501, 13103, and 15103 of this title.
A prior chapter 103, consisting of sections 10301 to 10311, 10321, 10322, 10324, 10326 to 10330, 10341 to 10344, 10361 to 10364, and 10381 to 10388, was omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a). See chapter 7 of this title.
Section 10301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1341; Pub. L. 97–253, title V, §502(b), (e), (h)(1), Sept. 8, 1982, 96 Stat. 806, related to organization, membership, administration, seal, and expenses of Interstate Commerce Commission.
Section 10302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to divisions of Commission.
Section 10303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to Secretary and public records of Commission.
Section 10304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to employee boards of Commission.
Section 10305, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342, related to delegation of authority by Commission.
Section 10306, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to conduct of Commission proceedings.
Section 10307, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to offices and sessions of Commission.
Section 10308, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343, related to admission to practice before Commission.
Section 10309, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344; Pub. L. 103–437, §18, Nov. 2, 1994, 108 Stat. 4596, related to access to Commission records by congressional committees.
Section 10310, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1344, related to reports of official Commission actions.
Section 10311, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345, required Commission to submit annual report to Congress.
Section 10321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1345; Pub. L. 97–261, §24, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 103–272, §4(j)(12), July 5, 1994, 108 Stat. 1368, related to powers of Commission.
Section 10322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346; Pub. L. 96–296, §25(a), July 1, 1980, 94 Stat. 816; Pub. L. 96–454, §5(b), Oct. 15, 1980, 94 Stat. 2014; Pub. L. 97–261, §§6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107, 1117, 1119, 1128; Pub. L. 98–554, title II, §226(c)(1), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 103–272, §5(m)(14), July 5, 1994, 108 Stat. 1377, related to Commission action and appellate procedure in non-rail proceedings.
A prior section 10323, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346, related to rehearing, reargument, and reconsideration in nonrail proceedings, prior to repeal by Pub. L. 96–296, §25(b), July 1, 1980, 94 Stat. 818.
Section 10324, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347; Pub. L. 96–258, §1(1), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §25(c), July 1, 1980, 94 Stat. 818, related to taking effect, duration, and modification of Commission actions.
A prior section 10325, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347, provided for judicial review in nonrail proceedings, prior to repeal by Pub. L. 96–296, §25(d), July 1, 1980, 94 Stat. 818.
Section 10326, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348, related to limitations in rulemaking proceedings related to rail carriers.
Section 10327, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1348; Pub. L. 96–258, §1(2), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §25(e), July 1, 1980, 94 Stat. 818; Pub. L. 97–375, title I, §113, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 104–66, title II, §2101, Dec. 21, 1995, 109 Stat. 730, related to Commission action and appellate procedure in rail carrier proceedings.
Section 10328, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1350; Pub. L. 97–261, §28(b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99–521, §5(a), Oct. 22, 1986, 100 Stat. 2994, related to intervention in Commission proceedings.
Section 10329, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1351; Pub. L. 99–521, §5(b), Oct. 22, 1986, 100 Stat. 2994, related to service of notice in Commission proceedings.
Section 10330, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, related to service of process in court proceedings.
Section 10341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1352, authorized Commission to refer matters to joint boards.
Section 10342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to establishment and membership of joint boards.
Section 10343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1353, related to powers of joint boards.
Section 10344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1354; Pub. L. 96–296, §36, July 1, 1980, 94 Stat. 826, related to administration and proceedings of joint boards.
Section 10361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355, related to Rail Services Planning Office.
Section 10362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1355; Pub. L. 98–216, §2(5)–(7), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–509, title IV, §4033(c)(7), Oct. 21, 1986, 100 Stat. 1909; Pub. L. 103–272, §4(j)(13), July 5, 1994, 108 Stat. 1368, related to duties of Rail Services Planning Office.
Section 10363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, §4(j)(14), July 5, 1994, 108 Stat. 1369, related to appointment and duties of Director of Rail Services Planning Office.
Section 10364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1356; Pub. L. 103–272, §5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers of and assistance to Director.
Section 10381, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357, related to Office of Rail Public Counsel.
Section 10382, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 96–258, §1(3), June 3, 1980, 94 Stat. 425, related to duties and standing of Office of Rail Public Counsel.
Section 10383, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1357; Pub. L. 103–272, §4(j)(14), July 5, 1994, 108 Stat. 1369, related to duties and appointment of Director of Office of Rail Public Counsel.
Section 10384, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to staff of Office of Rail Public Counsel.
Section 10385, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 103–272, §5(m)(15), July 5, 1994, 108 Stat. 1377, related to powers of Office of Rail Public Counsel.
Section 10386, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to reports concerning activities of Office of Rail Public Counsel.
Section 10387, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358, related to budget requests and estimates of Office of Rail Public Counsel.
Section 10388, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1358; Pub. L. 96–73, title III, §301, Sept. 29, 1979, 93 Stat. 557, authorized appropriations for Office of Rail Public Counsel for fiscal year ending Sept. 30, 1980.
(a)(1) Subject to this chapter, the Board has jurisdiction over transportation by rail carrier that is—
(A) only by railroad; or
(B) by railroad and water, when the transportation is under common control, management, or arrangement for a continuous carriage or shipment.
(2) Jurisdiction under paragraph (1) applies only to transportation in the United States between a place in—
(A) a State and a place in the same or another State as part of the interstate rail network;
(B) a State and a place in a territory or possession of the United States;
(C) a territory or possession of the United States and a place in another such territory or possession;
(D) a territory or possession of the United States and another place in the same territory or possession;
(E) the United States and another place in the United States through a foreign country; or
(F) the United States and a place in a foreign country.
(b) The jurisdiction of the Board over—
(1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers; and
(2) the construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks, or facilities, even if the tracks are located, or intended to be located, entirely in one State,
is exclusive. Except as otherwise provided in this part, the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.
(c)(1) In this subsection—
(A) the term “local governmental authority”—
(i) has the same meaning given that term by section 5302(a) of this title; and
(ii) includes a person or entity that contracts with the local governmental authority to provide transportation services; and
(B) the term “mass transportation” means transportation services described in section 5302(a) of this title that are provided by rail.
(2) Except as provided in paragraph (3), the Board does not have jurisdiction under this part over—
(A) mass transportation provided by a local government authority; or
(B) a solid waste rail transfer facility as defined in section 10908 of this title, except as provided under sections 10908 and 10909 of this title.
(3)(A) Notwithstanding paragraph (2) of this subsection, a local governmental authority, described in paragraph (2), is subject to applicable laws of the United States related to—
(i) safety;
(ii) the representation of employees for collective bargaining; and
(iii) employment, retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.
(B) The Board has jurisdiction under sections 11102 and 11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental authority meets all of the standards and requirements for being a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 807; amended Pub. L. 104–287, §5(21), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 110–432, div. A, title VI, §602, Oct. 16, 2008, 122 Stat. 4900.)
The ICC Termination Act of 1995, referred to in subsec. (c)(3)(B), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
The Railway Labor Act, referred to in subsec. (c)(3)(B), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
The Railroad Retirement Act of 1974, referred to in subsec. (c)(3)(B), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The Railroad Retirement Tax Act, referred to in subsec. (c)(3)(B), is act Aug. 16, 1954, ch. 736, §§3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, as amended, which is classified generally to chapter 22 (§3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec. (c)(3)(B), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
Provisions similar to those in this section were contained in sections 10501 and 10504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10501, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1359; Pub. L. 96–448, title II, §214(c)(3)–(5), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, §4(j)(15), July 5, 1994, 108 Stat. 1369, related to jurisdiction of the Interstate Commerce Commission, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10501 and 15301 of this title.
2008—Subsec. (c)(2). Pub. L. 110–432 amended par. (2) generally. Prior to amendment, text read as follows: “Except as provided in paragraph (3), the Board does not have jurisdiction under this part over mass transportation provided by a local governmental authority.”
1996—Subsec. (c)(3)(B). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) In a matter related to a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the Board, to the maximum extent consistent with this part, shall exempt a person, class of persons, or a transaction or service whenever the Board finds that the application in whole or in part of a provision of this part—
(1) is not necessary to carry out the transportation policy of section 10101 of this title; and
(2) either—
(A) the transaction or service is of limited scope; or
(B) the application in whole or in part of the provision is not needed to protect shippers from the abuse of market power.
(b) The Board may, where appropriate, begin a proceeding under this section on its own initiative or on application by the Secretary of Transportation or an interested party. The Board shall, within 90 days after receipt of any such application, determine whether to begin an appropriate proceeding. If the Board decides not to begin a class exemption proceeding, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of an application under this subsection shall be completed within 9 months after it is begun.
(c) The Board may specify the period of time during which an exemption granted under this section is effective.
(d) The Board may revoke an exemption, to the extent it specifies, when it finds that application in whole or in part of a provision of this part to the person, class, or transportation is necessary to carry out the transportation policy of section 10101 of this title. The Board shall, within 90 days after receipt of a request for revocation under this subsection, determine whether to begin an appropriate proceeding. If the Board decides not to begin a proceeding to revoke a class exemption, the reasons for the decision shall be published in the Federal Register. Any proceeding begun as a result of a request under this subsection shall be completed within 9 months after it is begun.
(e) No exemption order issued pursuant to this section shall operate to relieve any rail carrier from an obligation to provide contractual terms for liability and claims which are consistent with the provisions of section 11706 of this title. Nothing in this subsection or section 11706 of this title shall prevent rail carriers from offering alternative terms nor give the Board the authority to require any specific level of rates or services based upon the provisions of section 11706 of this title.
(f) The Board may exercise its authority under this section to exempt transportation that is provided by a rail carrier as part of a continuous intermodal movement.
(g) The Board may not exercise its authority under this section to relieve a rail carrier of its obligation to protect the interests of employees as required by this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 808.)
Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10502 to 10505, 10521 to 10531, 10541 to 10544, and 10561, were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360, related to Interstate Commerce Commission jurisdiction over express carrier transportation.
Section 10503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360, related to railroad and water transportation connections and rates. See section 10703 of this title.
Section 10504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1360; Pub. L. 97–449, §4(b)(4), Jan. 12, 1983, 96 Stat. 2441; Pub. L. 103–272, §4(j)(16), July 5, 1994, 108 Stat. 1369, related to jurisdiction of Commission over mass transportation provided by local governments. See section 10501 of this title.
Section 10505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–448, title II, §213, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 103–311, title II, §205(a), (c)(1), Aug. 26, 1994, 108 Stat. 1683, 1684, related to authority of Commission to exempt rail carrier and motor carrier transportation. See sections 10502 and 13541 of this title.
Section 10521, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1361; Pub. L. 96–296, §31(b), July 1, 1980, 94 Stat. 824; Pub. L. 97–261, §6(f), Sept. 20, 1982, 96 Stat. 1107; Pub. L. 99–521, §6(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–305, title VI, §601(b)(2)(C), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–311, title II, §211(b)(1), Aug. 26, 1994, 108 Stat. 1689, related to jurisdiction of Commission over motor carrier transportation. See section 13501 of this title.
Section 10522, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362, related to exempt transportation between Alaska and other States. See section 13502 of this title.
Section 10523, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1362; Pub. L. 99–521, §6(b), Oct. 22, 1986, 100 Stat. 2994, related to exempt motor vehicle transportation in terminal areas. See section 13503 of this title.
Section 10524, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–296, §9, July 1, 1980, 94 Stat. 798, related to Commission jurisdiction over transportation furthering a primary business. See section 13505 of this title.
Section 10525, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1363; Pub. L. 96–258, §1(4), June 3, 1980, 94 Stat. 425; Pub. L. 97–261, §30, Sept. 20, 1982, 96 Stat. 1128, related to exempt motor carrier transportation entirely in one State. See section 13504 of this title.
Section 10526, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1364; Pub. L. 96–258, §1(5), June 3, 1980, 94 Stat. 425; Pub. L. 96–296, §§7, 21(a), 24(a), July 1, 1980, 94 Stat. 797, 812, 814; Pub. L. 96–454, §11(a), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 97–261, §14(d), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 97–377, §152, Dec. 21, 1982, 96 Stat. 1918; Pub. L. 97–449, §5(g)(1), Jan. 12, 1983, 96 Stat. 2442; Pub. L. 98–216, §2(8), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98–554, title II, §227(c), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, §4(j)(17), July 5, 1994, 108 Stat. 1369, related to miscellaneous motor carrier transportation exemptions. See section 13506 of this title.
Section 10527, added Pub. L. 96–296, §16(a), July 1, 1980, 94 Stat. 810; amended Pub. L. 103–272, §5(m)(16), July 5, 1994, 108 Stat. 1377, related to written contracts pertaining to certain interstate movements by motor vehicle.
Section 10528, added Pub. L. 96–296, §21(b)(1), July 1, 1980, 94 Stat. 812; amended Pub. L. 96–454, §11(b), Oct. 15, 1980, 94 Stat. 2023; Pub. L. 103–272, §5(m)(17), July 5, 1994, 108 Stat. 1377, related to mixed loads of regulated and unregulated property. See section 13507 of this title.
Section 10529, added Pub. L. 96–296, §24(b)(1), July 1, 1980, 94 Stat. 814; amended Pub. L. 103–272, §5(m)(18), July 5, 1994, 108 Stat. 1377, related to authority of Commission over cooperative associations. See section 13508 of this title.
Section 10530, added Pub. L. 98–554, title II, §226(a)(1), Oct. 30, 1984, 98 Stat. 2848; amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–690, title IX, §9111(a)–(f), Nov. 18, 1988, 102 Stat. 4531–4533; Pub. L. 103–272, §4(j)(18), (o), July 5, 1994, 108 Stat. 1369, 1371, related to certificates of registration for certain foreign carriers. See section 13902 of this title.
Section 10531, added Pub. L. 103–272, §3(1), July 5, 1994, 108 Stat. 1360, related to mass transportation exemption from Commission jurisdiction.
Section 10541, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1365, related to jurisdiction of Commission over transportation by water carriers. See section 13521 of this title.
Section 10542, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1366; Pub. L. 98–89, §3(b), Aug. 26, 1983, 97 Stat. 599; Pub. L. 98–216, §2(9), (10), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377, related to exemption of transportation by water carriers of commodities in bulk from Commission jurisdiction.
Section 10543, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1367, related to exemption of certain incidental water transportation from jurisdiction of Commission.
Section 10544, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1368; Pub. L. 96–258, §1(6), June 3, 1980, 94 Stat. 425; Pub. L. 97–449, §5(g)(2), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(19), July 5, 1994, 108 Stat. 1377, related to exemption of certain miscellaneous water carrier transportation from Commission jurisdiction.
Section 10561, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 99–521, §6(c), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, §5(m)(20), July 5, 1994, 108 Stat. 1377, related to jurisdiction of Commission over services of household goods freight forwarders. See section 13531 of this title.
A prior section 10562, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1369; Pub. L. 97–449, §5(g)(3), Jan. 12, 1983, 96 Stat. 2443, related to exempt freight forwarder service, prior to repeal by Pub. L. 99–521, §§6(d)(1), 15, Oct. 22, 1986, 100 Stat. 2994, 2999, effective 60 days after Oct. 22, 1986.
(a) A through route established by a rail carrier must be reasonable. Divisions of joint rates by rail carriers must be made without unreasonable discrimination against a participating carrier and must be reasonable.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not discriminate in its rates against a connecting line of another rail carrier providing transportation subject to the jurisdiction of the Board under this part or unreasonably discriminate against that line in the distribution of traffic that is not routed specifically by the shipper.
(c) Except as provided in subsection (d) of this section and unless a rate is prohibited by a provision of this part, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may establish any rate for transportation or other service provided by the rail carrier.
(d)(1) If the Board determines, under section 10707 of this title, that a rail carrier has market dominance over the transportation to which a particular rate applies, the rate established by such carrier for such transportation must be reasonable.
(2) In determining whether a rate established by a rail carrier is reasonable for purposes of this section, the Board shall give due consideration to—
(A) the amount of traffic which is transported at revenues which do not contribute to going concern value and the efforts made to minimize such traffic;
(B) the amount of traffic which contributes only marginally to fixed costs and the extent to which, if any, rates on such traffic can be changed to maximize the revenues from such traffic; and
(C) the carrier's mix of rail traffic to determine whether one commodity is paying an unreasonable share of the carrier's overall revenues,
recognizing the policy of this part that rail carriers shall earn adequate revenues, as established by the Board under section 10704(a)(2) of this title.
(3) The Board shall, within one year after January 1, 1996, complete the pending Interstate Commerce Commission non-coal rate guidelines proceeding to establish a simplified and expedited method for determining the reasonableness of challenged rail rates in those cases in which a full stand-alone cost presentation is too costly, given the value of the case.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 809; amended Pub. L. 104–287, §5(22), Oct. 11, 1996, 110 Stat. 3390.)
Prior sections 10701 and 10701a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1371; Pub. L. 96–296, §13(a), July 1, 1980, 94 Stat. 803; Pub. L. 96–448, title II, §201(b)(1), (2), Oct. 14, 1980, 94 Stat. 1899, 1900; Pub. L. 97–261, §9(a), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 103–180, §2(a), (b), (g), Dec. 3, 1993, 107 Stat. 2044, 2047, 2049, related to standards for rates, classifications, through routes, rules, and practices. See sections 10701, 13701, 13709, and 15501 of this title.
Section 10701a, added Pub. L. 96–448, title II, §201(a), Oct. 14, 1980, 94 Stat. 1898; amended Pub. L. 103–272, §4(j)(19), July 5, 1994, 108 Stat. 1369, related to standards for rates for rail carriers. See section 10701 of this title.
1996—Subsec. (d)(3). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this paragraph”.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall establish reasonable—
(1) rates, to the extent required by section 10707, divisions of joint rates, and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 810.)
A prior section 10702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 103–180, §6(a), Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, §206(a), Aug. 26, 1994, 108 Stat. 1684, related to authority for carriers to establish rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10702 and 15502 of this title.
Rail carriers providing transportation subject to the jurisdiction of the Board under this part shall establish through routes (including physical connections) with each other and with water carriers providing transportation subject to chapter 137, shall establish rates and classifications applicable to those routes, and shall establish rules for their operation and provide—
(1) reasonable facilities for operating the through route; and
(2) reasonable compensation to persons entitled to compensation for services related to the through route.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 810.)
A prior section 10703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1372; Pub. L. 96–296, §22(a), (h), July 1, 1980, 94 Stat. 812, 814; Pub. L. 97–449, §5(g)(5), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(11), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, §7(a), Oct. 22, 1986, 100 Stat. 2994; Pub. L. 103–272, §5(m)(21), July 5, 1994, 108 Stat. 1377, related to authority for carriers to establish through routes, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10703 and 13705 of this title.
(a)(1) When the Board, after a full hearing, decides that a rate charged or collected by a rail carrier for transportation subject to the jurisdiction of the Board under this part, or that a classification, rule, or practice of that carrier, does or will violate this part, the Board may prescribe the maximum rate, classification, rule, or practice to be followed. The Board may order the carrier to stop the violation. When a rate, classification, rule, or practice is prescribed under this subsection, the affected carrier may not publish, charge, or collect a different rate and shall adopt the classification and observe the rule or practice prescribed by the Board.
(2) The Board shall maintain and revise as necessary standards and procedures for establishing revenue levels for rail carriers providing transportation subject to its jurisdiction under this part that are adequate, under honest, economical, and efficient management, to cover total operating expenses, including depreciation and obsolescence, plus a reasonable and economic profit or return (or both) on capital employed in the business. The Board shall make an adequate and continuing effort to assist those carriers in attaining revenue levels prescribed under this paragraph. Revenue levels established under this paragraph should—
(A) provide a flow of net income plus depreciation adequate to support prudent capital outlays, assure the repayment of a reasonable level of debt, permit the raising of needed equity capital, and cover the effects of inflation; and
(B) attract and retain capital in amounts adequate to provide a sound transportation system in the United States.
(3) On the basis of the standards and procedures described in paragraph (2), the Board shall annually determine which rail carriers are earning adequate revenues.
(b) The Board may begin a proceeding under this section only on complaint. A complaint under subsection (a) of this section must be made under section 11701 of this title, but the proceeding may also be in extension of a complaint pending before the Board.
(c) In a proceeding to challenge the reasonableness of a rate, the Board shall make its determination as to the reasonableness of the challenged rate—
(1) within 9 months after the close of the administrative record if the determination is based upon a stand-alone cost presentation; or
(2) within 6 months after the close of the administrative record if the determination is based upon the methodology adopted by the Board pursuant to section 10701(d)(3).
(d) Within 9 months after January 1, 1996, the Board shall establish procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates. The procedures shall include appropriate measures for avoiding delay in the discovery and evidentiary phases of such proceedings and exemption or revocation proceedings, including appropriate sanctions for such delay, and for ensuring prompt disposition of motions and interlocutory administrative appeals.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 810; amended Pub. L. 104–287, §5(23), Oct. 11, 1996, 110 Stat. 3390.)
A prior section 10704, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1373; Pub. L. 96–296, §13(b), July 1, 1980, 94 Stat. 803; Pub. L. 96–448, title II, §205(b), Oct. 14, 1980, 94 Stat. 1906; Pub. L. 97–261, §9(b), Sept. 20, 1982, 96 Stat. 1109; Pub. L. 99–521, §7(b), Oct. 22, 1986, 100 Stat. 2994, related to authority and criteria for rates, classifications, rules, and practices prescribed by Interstate Commerce Commission, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10704, 13701, and 15503 of this title.
1996—Subsec. (d). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
(a)(1) The Board may, and shall when it considers it desirable in the public interest, prescribe through routes, joint classifications, joint rates, the division of joint rates, and the conditions under which those routes must be operated, for a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) The Board may require a rail carrier to include in a through route substantially less than the entire length of its railroad and any intermediate railroad operated with it under common management or control if that intermediate railroad lies between the terminals of the through route only when—
(A) required under section 10741, 10742, or 11102 of this title;
(B) inclusion of those lines would make the through route unreasonably long when compared with a practicable alternative through route that could be established; or
(C) the Board decides that the proposed through route is needed to provide adequate, and more efficient or economic, transportation.
The Board shall give reasonable preference, subject to this subsection, to the rail carrier originating the traffic when prescribing through routes.
(b) The Board shall prescribe the division of joint rates to be received by a rail carrier providing transportation subject to its jurisdiction under this part when it decides that a division of joint rates established by the participating carriers under section 10703 of this title, or under a decision of the Board under subsection (a) of this section, does or will violate section 10701 of this title.
(c) If a division of a joint rate prescribed under a decision of the Board is later found to violate section 10701 of this title, the Board may decide what division would have been reasonable and order adjustment to be made retroactive to the date the complaint was filed, the date the order for an investigation was made, or a later date that the Board decides is justified. The Board may make a decision under this subsection effective as part of its original decision.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 811.)
Prior sections 10705 and 10705a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1375; Pub. L. 96–296, §22(b)–(g), July 1, 1980, 94 Stat. 813; Pub. L. 96–448, title II, §218, Oct. 14, 1980, 94 Stat. 1925; Pub. L. 97–449, §5(g)(4), Jan. 12, 1983, 96 Stat. 2443, related to authority for through routes, joint classifications, rates, and divisions prescribed by Interstate Commerce Commission. See sections 10705 and 13701 of this title.
Section 10705a, added Pub. L. 96–448, title II, §217(a)(1), Oct. 14, 1980, 94 Stat. 1916; amended Pub. L. 103–272, §4(j)(20), July 5, 1994, 108 Stat. 1369, related to joint rate surcharges and cancellations.
(a)(1) In this subsection—
(A) the term “affiliate” means a person controlling, controlled by, or under common control or ownership with another person and “ownership” refers to equity holdings in a business entity of at least 5 percent;
(B) the term “single-line rate” refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by switching, drayage or other terminal carriers or agencies) can be provided by that carrier; and
(C) the term “practicably participates in the movement” shall have such meaning as the Board shall by regulation prescribe.
(2)(A) A rail carrier providing transportation subject to the jurisdiction of the Board under this part that is a party to an agreement of at least 2 rail carriers that relates to rates (including charges between rail carriers and compensation paid or received for the use of facilities and equipment), classifications, divisions, or rules related to them, or procedures for joint consideration, initiation, publication, or establishment of them, shall apply to the Board for approval of that agreement under this subsection. The Board shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy of section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of its approval. If the Board approves the agreement, it may be made and carried out under its terms and under the conditions required by the Board, and the Sherman Act (15 U.S.C. 1, et seq.), the Clayton Act (15 U.S.C. 12, et seq.), the Federal Trade Commission Act (15 U.S.C. 41, et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) do not apply to parties and other persons with respect to making or carrying out the agreement. However, the Board may not approve or continue approval of an agreement when the conditions required by it are not met or if it does not receive a verified statement under subparagraph (B) of this paragraph.
(B) The Board may approve an agreement under subparagraph (A) of this paragraph only when the rail carriers applying for approval file a verified statement with the Board. Each statement must specify for each rail carrier that is a party to the agreement—
(i) the name of the carrier;
(ii) the mailing address and telephone number of its headquarter's office; and
(iii) the names of each of its affiliates and the names, addresses, and affiliates of each of its officers and directors and of each person, together with an affiliate, owning or controlling any debt, equity, or security interest in it having a value of at least $1,000,000.
(3)(A) An organization established or continued under an agreement approved under this subsection shall make a final disposition of a rule or rate docketed with it by the 120th day after the proposal is docketed. Such an organization may not—
(i) permit a rail carrier to discuss, to participate in agreements related to, or to vote on single-line rates proposed by another rail carrier, except that for purposes of general rate increases and broad changes in rates, classifications, rules, and practices only, if the Board finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part;
(ii) permit a rail carrier to discuss, to participate in agreements related to, or to vote on rates related to a particular interline movement unless that rail carrier practicably participates in the movement; or
(iii) if there are interline movements over two or more routes between the same end points, permit a carrier to discuss, to participate in agreements related to, or to vote on rates except with a carrier which forms part of a particular single route. If the Board finds at any time that the implementation of this clause is not feasible, it may delay or suspend such implementation in whole or in part.
(B)(i) In any proceeding in which a party alleges that a rail carrier voted or agreed on a rate or allowance in violation of this subsection, that party has the burden of showing that the vote or agreement occurred. A showing of parallel behavior does not satisfy that burden by itself.
(ii) In any proceeding in which it is alleged that a carrier was a party to an agreement, conspiracy, or combination in violation of a Federal law cited in subsection (a)(2)(A) of this section or of any similar State law, proof of an agreement, conspiracy, or combination may not be inferred from evidence that two or more rail carriers acted together with respect to an interline rate or related matter and that a party to such action took similar action with respect to a rate or related matter on another route or traffic. In any proceeding in which such a violation is alleged, evidence of a discussion or agreement between or among such rail carrier and one or more other rail carriers, or of any rate or other action resulting from such discussion or agreement, shall not be admissible if the discussion or agreement—
(I) was in accordance with an agreement approved under paragraph (2) of this subsection; or
(II) concerned an interline movement of the rail carrier, and the discussion or agreement would not, considered by itself, violate the laws referred to in the first sentence of this clause.
In any proceeding before a jury, the court shall determine whether the requirements of subclause (I) or (II) are satisfied before allowing the introduction of any such evidence.
(C) An organization described in subparagraph (A) of this paragraph shall provide that transcripts or sound recordings be made of all meetings, that records of votes be made, and that such transcripts or recordings and voting records be submitted to the Board and made available to other Federal agencies in connection with their statutory responsibilities over rate bureaus, except that such material shall be kept confidential and shall not be subject to disclosure under section 552 of title 5, United States Code.
(4) Notwithstanding any other provision of this subsection, one or more rail carriers may enter into an agreement, without obtaining prior Board approval, that provides solely for compilation, publication, and other distribution of rates in effect or to become effective. The Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), and the Act of June 19, 1936 (15 U.S.C. 13, 13a, 13b, 21a) shall not apply to parties and other persons with respect to making or carrying out such agreement. However, the Board may, upon application or on its own initiative, investigate whether the parties to such an agreement have exceeded its scope, and upon a finding that they have, the Board may issue such orders as are necessary, including an order dissolving the agreement, to ensure that actions taken pursuant to the agreement are limited as provided in this paragraph.
(5)(A) Whenever two or more shippers enter into an agreement to discuss among themselves that relates to the amount of compensation such shippers propose to be paid by rail carriers providing transportation subject to the jurisdiction of the Board under this part, for use by such rail carriers of rolling stock owned or leased by such shippers, the shippers shall apply to the Board for approval of that agreement under this paragraph. The Board shall approve the agreement only when it finds that the making and carrying out of the agreement will further the transportation policy set forth in section 10101 of this title and may require compliance with conditions necessary to make the agreement further that policy as a condition of approval. If the Board approves the agreement, it may be made and carried out under its terms and under the terms required by the Board, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement. The Board shall approve or disapprove an agreement under this paragraph within one year after the date application for approval of such agreement is made.
(B) If the Board approves an agreement described in subparagraph (A) of this paragraph and the shippers entering into such agreement and the rail carriers proposing to use rolling stock owned or leased by such shippers, under payment by such carriers or under a published allowance, are unable to agree upon the amount of compensation to be paid for the use of such rolling stock, any party directly involved in the negotiations may require that the matter be settled by submitting the issues in dispute to the Board. The Board shall render a binding decision, based upon a standard of reasonableness and after taking into consideration any past precedents on the subject matter of the negotiations, no later than 90 days after the date of the submission of the dispute to the Board.
(C) Nothing in this paragraph shall be construed to change the law in effect prior to October 1, 1980, with respect to the obligation of rail carriers to utilize rolling stock owned or leased by shippers.
(b) The Board may require an organization established or continued under an agreement approved under this section to maintain records and submit reports. The Board may inspect a record maintained under this section.
(c) The Board may review an agreement approved under subsection (a) of this section and shall change the conditions of approval or terminate it when necessary to comply with the public interest and subsection (a). The Board shall postpone the effective date of a change of an agreement under this subsection for whatever period it determines to be reasonably necessary to avoid unreasonable hardship.
(d) The Board may begin a proceeding under this section on its own initiative or on application. Action of the Board under this section—
(1) approving an agreement;
(2) denying, ending, or changing approval;
(3) prescribing the conditions on which approval is granted; or
(4) changing those conditions,
has effect only as related to application of the antitrust laws referred to in subsection (a) of this section.
(e)(1) The Federal Trade Commission, in consultation with the Antitrust Division of the Department of Justice, shall prepare periodically an assessment of, and shall report to the Board on—
(A) possible anticompetitive features of—
(i) agreements approved or submitted for approval under subsection (a) of this section; and
(ii) an organization operating under those agreements; and
(B) possible ways to alleviate or end an anticompetitive feature, effect, or aspect in a manner that will further the goals of this part and of the transportation policy of section 10101 of this title.
(2) Reports received by the Board under this subsection shall be published and made available to the public under section 552(a) of title 5.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 812; amended Pub. L. 104–287, §5(24), Oct. 11, 1996, 110 Stat. 3390.)
The Sherman Act, referred to in subsec. (a)(2)(A), (4), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
The Clayton Act, referred to in subsec. (a)(2)(A), (4), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15 and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (a)(2)(A), (4), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
Sections 73 and 74 of the Wilson Tariff Act, referred to in subsec. (a)(2)(A), (4), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 Stat. 570, which enacted sections 8 and 9, respectively, of Title 15.
Act of June 19, 1936, referred to in subsec. (a)(2)(A), (4), is act June 19, 1936, ch. 592, 49 Stat. 1526, popularly known as the Robinson-Patman Anti-discrimination Act and also as the Robinson-Patman Price Discrimination Act, which enacted sections 13a, 13b, and 21a of Title 15 and amended section 13 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 13 of Title 15 and Tables.
A prior section 10706, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1377; Pub. L. 96–258, §1(7), June 3, 1980, 94 Stat. 426; Pub. L. 96–296, §14(a), (c), (d), July 1, 1980, 94 Stat. 803, 808; Pub. L. 96–448, title II, §219(a)–(e), 224(b), Oct. 14, 1980, 94 Stat. 1926–1929; Pub. L. 97–261, §10(a)–(d), Sept. 20, 1982, 96 Stat. 1109, 1110; Pub. L. 98–216, §2(12), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, §7(c), Oct. 22, 1986, 100 Stat. 2995, related to exemption from antitrust laws of rate agreements, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10706 and 13703 of this title.
1996—Subsec. (a)(5)(C). Pub. L. 104–287 substituted “October 1, 1980,” for “the effective date of the Staggers Rail Act of 1980”.
(a) In this section, “market dominance” means an absence of effective competition from other rail carriers or modes of transportation for the transportation to which a rate applies.
(b) When a rate for transportation by a rail carrier providing transportation subject to the jurisdiction of the Board under this part is challenged as being unreasonably high, the Board shall determine whether the rail carrier proposing the rate has market dominance over the transportation to which the rate applies. The Board may make that determination on its own initiative or on complaint. A finding by the Board that the rail carrier does not have market dominance is determinative in a proceeding under this part related to that rate or transportation unless changed or set aside by the Board or set aside by a court of competent jurisdiction.
(c) When the Board finds in any proceeding that a rail carrier proposing or defending a rate for transportation has market dominance over the transportation to which the rate applies, it may then determine that rate to be unreasonable if it exceeds a reasonable maximum for that transportation. However, a finding of market dominance does not establish a presumption that the proposed rate exceeds a reasonable maximum.
(d)(1)(A) In making a determination under this section, the Board shall find that the rail carrier establishing the challenged rate does not have market dominance over the transportation to which the rate applies if such rail carrier proves that the rate charged results in a revenue-variable cost percentage for such transportation that is less than 180 percent.
(B) For purposes of this section, variable costs for a rail carrier shall be determined only by using such carrier's unadjusted costs, calculated using the Uniform Rail Costing System cost finding methodology (or an alternative methodology adopted by the Board in lieu thereof) and indexed quarterly to account for current wage and price levels in the region in which the carrier operates, with adjustments specified by the Board. A rail carrier may meet its burden of proof under this subsection by establishing its variable costs in accordance with this paragraph, but a shipper may rebut that showing by evidence of such type, and in accordance with such burden of proof, as the Board shall prescribe.
(2) A finding by the Board that a rate charged by a rail carrier results in a revenue-variable cost percentage for the transportation to which the rate applies that is equal to or greater than 180 percent does not establish a presumption that—
(A) such rail carrier has or does not have market dominance over such transportation; or
(B) the proposed rate exceeds or does not exceed a reasonable maximum.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 815.)
Provisions similar to those in this section were contained in section 10709 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10707 and 10707a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1380; Pub. L. 96–448, title II, §207, Oct. 14, 1980, 94 Stat. 1907; Pub. L. 103–272, §4(j)(21), July 5, 1994, 108 Stat. 1369, related to investigation and suspension of new rail carrier rates, classifications, rules, and practices.
Section 10707a, added Pub. L. 96–448, title II, §203(a), Oct. 14, 1980, 94 Stat. 1901; amended Pub. L. 103–272, §4(j)(22), July 5, 1994, 108 Stat. 1369, related to zone of rail carrier flexibility.
(a) The Board shall, as often as practicable, but in no event less often than quarterly, publish a rail cost adjustment factor which shall be a fraction, the numerator of which is the latest published Index of Railroad Costs (which index shall be compiled or verified by the Board, with appropriate adjustments to reflect the change in composition of railroad costs, including the quality and mix of material and labor) and the denominator of which is the same index for the fourth quarter of every fifth year, beginning with the fourth quarter of 1992.
(b) The rail cost adjustment factor published by the Board under subsection (a) of this section shall take into account changes in railroad productivity. The Board shall also publish a similar index that does not take into account changes in railroad productivity.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 816.)
Provisions similar to those in this section were contained in section 10712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–296, §11, July 1, 1980, 94 Stat. 801; Pub. L. 97–261, §§11, 12(a), Sept. 20, 1982, 96 Stat. 1112, 1113; Pub. L. 99–521, §7(d), Oct. 22, 1986, 100 Stat. 2995, related to investigation and suspension of new nonrail carrier rates, classifications, rules, and practices, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) One or more rail carriers providing transportation subject to the jurisdiction of the Board under this part may enter into a contract with one or more purchasers of rail services to provide specified services under specified rates and conditions.
(b) A party to a contract entered into under this section shall have no duty in connection with services provided under such contract other than those duties specified by the terms of the contract.
(c)(1) A contract that is authorized by this section, and transportation under such contract, shall not be subject to this part, and may not be subsequently challenged before the Board or in any court on the grounds that such contract violates a provision of this part.
(2) The exclusive remedy for any alleged breach of a contract entered into under this section shall be an action in an appropriate State court or United States district court, unless the parties otherwise agree. This section does not confer original jurisdiction on the district courts of the United States based on section 1331 or 1337 of title 28, United States Code.
(d)(1) A summary of each contract for the transportation of agricultural products (including grain, as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and products thereof) entered into under this section shall be filed with the Board, containing such nonconfidential information as the Board prescribes. The Board shall publish special rules for such contracts in order to ensure that the essential terms of the contract are available to the general public.
(2) Documents, papers, and records (and any copies thereof) relating to a contract described in subsection (a) shall not be subject to the mandatory disclosure requirements of section 552 of title 5.
(e) Any lawful contract between a rail carrier and one or more purchasers of rail service that was in effect on October 1, 1980, shall be considered a contract authorized by this section.
(f) A rail carrier that enters into a contract as authorized by this section remains subject to the common carrier obligation set forth in section 11101, with respect to rail transportation not provided under such a contract.
(g)(1) No later than 30 days after the date of filing of a summary of a contract under this section, the Board may, on complaint, begin a proceeding to review such contract on the grounds described in this subsection.
(2)(A) A complaint may be filed under this subsection—
(i) by a shipper on the grounds that such shipper individually will be harmed because the proposed contract unduly impairs the ability of the contracting rail carrier or carriers to meet their common carrier obligations to the complainant under section 11101 of this title; or
(ii) by a port only on the grounds that such port individually will be harmed because the proposed contract will result in unreasonable discrimination against such port.
(B) In addition to the grounds for a complaint described in subparagraph (A) of this paragraph, a complaint may be filed by a shipper of agricultural commodities on the grounds that such shipper individually will be harmed because—
(i) the rail carrier has unreasonably discriminated by refusing to enter into a contract with such shipper for rates and services for the transportation of the same type of commodity under similar conditions to the contract at issue, and that shipper was ready, willing, and able to enter into such a contract at a time essentially contemporaneous with the period during which the contract at issue was offered; or
(ii) the proposed contract constitutes a destructive competitive practice under this part.
In making a determination under clause (ii) of this subparagraph, the Board shall consider the difference between contract rates and published single car rates.
(C) For purposes of this paragraph, the term “unreasonable discrimination” has the same meaning as such term has under section 10741 of this title.
(3)(A) Within 30 days after the date a proceeding is commenced under paragraph (1) of this subsection, or within such shorter time period after such date as the Board may establish, the Board shall determine whether the contract that is the subject of such proceeding is in violation of this section.
(B) If the Board determines, on the basis of a complaint filed under paragraph (2)(B)(i) of this subsection, that the grounds for a complaint described in such paragraph have been established with respect to a rail carrier, the Board shall, subject to the provisions of this section, order such rail carrier to provide rates and service substantially similar to the contract at issue with such differentials in terms and conditions as are justified by the evidence.
(h)(1) Any rail carrier may, in accordance with the terms of this section, enter into contracts for the transportation of agricultural commodities (including forest products, but not including wood pulp, wood chips, pulpwood or paper) involving the utilization of carrier owned or leased equipment not in excess of 40 percent of the capacity of such carrier's owned or leased equipment by major car type (plain boxcars, covered hopper cars, gondolas and open top hoppers, coal cars, bulkhead flatcars, pulpwood rackcars, and flatbed equipment, including TOFC/COFC).
(2) The Board may, on request of a rail carrier or other party or on its own initiative, grant such relief from the limitations of paragraph (1) of this subsection as the Board considers appropriate, if it appears that additional equipment may be made available without impairing the rail carrier's ability to meet its common carrier obligations under section 11101 of this title.
(3)(A) This subsection shall cease to be effective after September 30, 1998.
(B) Before October 1, 1997, the National Grain Car Council and the Railroad-Shipper Transportation Advisory Council shall make recommendations to Congress on whether to extend the effectiveness of or otherwise modify this subsection.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 817; amended Pub. L. 104–287, §5(24), Oct. 11, 1996, 110 Stat. 3390.)
Provisions similar to those in this section were contained in section 10713 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10709 to 10713 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1382; Pub. L. 96–448, title II, §202, Oct. 14, 1980, 94 Stat. 1900, related to determination of market dominance in rail carrier rate proceedings. See section 10707 of this title.
Section 10710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383, related to elimination of discrimination against recyclable materials.
Section 10711, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383, related to effect of former sections 10701(a), (b), 10707, 10709, 10727, and 10728 of this title on rail rates and practices.
Section 10712, added Pub. L. 96–448, title II, §206(a), Oct. 14, 1980, 94 Stat. 1906, related to inflation-based rate increases.
Section 10713, added Pub. L. 96–448, title II, §208(a), Oct. 14, 1980, 94 Stat. 1908; amended Pub. L. 97–468, title V, §502, Jan. 14, 1983, 96 Stat. 2552; Pub. L. 99–509, title IV, §4051, Oct. 21, 1986, 100 Stat. 1910, related to contracts between rail carriers and purchasers of rail services. See section 10709 of this title.
1996—Subsec. (e). Pub. L. 104–287 substituted “October 1, 1980,” for “the effective date of the Staggers Rail Act of 1980”.
A rail carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a rail carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819; amended Pub. L. 111–350, §5(o)(4), Jan. 4, 2011, 124 Stat. 3853.)
A prior section 10721, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1383; Pub. L. 96–454, §10(b), Oct. 15, 1980, 94 Stat. 2022; Pub. L. 103–272, §5(m)(22), July 5, 1994, 108 Stat. 1378, related to Government traffic, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10721, 13712, and 15504 of this title.
2011—Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
In order to encourage more efficient use of freight cars, notwithstanding any other provision of this part, rail carriers shall be permitted to establish premium charges for special services or special levels of services not otherwise applicable to the movement. The Board shall facilitate development of such charges so as to increase the utilization of equipment.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Provisions similar to those in this section were contained in section 10734 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10722 to 10726 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10722, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1384; Pub. L. 97–261, §29(a), (b), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 99–521, §7(e), Oct. 22, 1986, 100 Stat. 2995, related to special passenger rates.
Section 10723, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1385; Pub. L. 97–261, §29(c), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 102–54, §13(s), June 13, 1991, 105 Stat. 282; Pub. L. 102–240, title IV, §4011, Dec. 18, 1991, 105 Stat. 2156, related to transportation for charitable purposes.
Section 10724, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1386, related to rates for emergency transportation.
Section 10725, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 99–521, §7(f), Oct. 22, 1986, 100 Stat. 2995, related to special freight forwarder rates.
Section 10726, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1387; Pub. L. 96–448, title II, §220, Oct. 14, 1980, 94 Stat. 1928, related to long and short haul transportation.
A prior section 10727, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388, authorized the Interstate Commerce Commission to maintain standards and procedures to permit seasonal, regional, or peak-period demand rates and required the Commission to submit an annual report to Congress on implementation of those rates and recommendations for additional legislation needed to make it easier to establish those rates, prior to repeal by Pub. L. 96–448, title II, §209, title VII, §710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
A prior section 10728, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1388, related to separate rates for distinct rail services, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10729, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389, authorized rail carrier to establish rate, classification, rule, or practice requiring total capital investment of at least $1,000,000 to implement upon notice to Interstate Commerce Commission and opportunity for Commission proceeding and final decision within 180 days after notice and provided that Commission could not suspend or set aside any rate that became final for period of five years but could revise rate to level equal to variable costs of providing transportation when Commission found level then in effect reduced going concern of carrier, prior to repeal by Pub. L. 96–448, title II, §210(a), title VII, §710(a), Oct. 14, 1980, 94 Stat. 1910, 1966, effective Oct. 1, 1980.
Prior sections 10730 to 10735 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10730, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96–296, §12, July 1, 1980, 94 Stat. 802; Pub. L. 96–448, title II, §211(a), (b), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, §7(g), Oct. 22, 1986, 100 Stat. 2995, related to rates and liability based on value.
Section 10731, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1389; Pub. L. 96–448, title II, §204, Oct. 14, 1980, 94 Stat. 1905; Pub. L. 103–272, §4(j)(23), July 5, 1994, 108 Stat. 1369, related to investigation of discriminatory rail rates for transportation of recyclable or recycled materials.
Section 10732, added Pub. L. 96–296, §8(a), July 1, 1980, 94 Stat. 798; amended Pub. L. 100–690, title IX, §9113, Nov. 18, 1988, 102 Stat. 4535, related to food and grocery transportation. See section 13713 of this title.
Section 10733, added Pub. L. 96–296, §32(a), July 1, 1980, 94 Stat. 824, related to rates for transportation of recyclable materials.
Section 10734, added Pub. L. 96–448, title II, §225(a), Oct. 14, 1980, 94 Stat. 1930, related to car utilization. See section 10722 of this title.
Another prior section 10734 was renumbered section 10735 of this title.
Section 10735, added Pub. L. 96–454, §4(a), Oct. 15, 1980, 94 Stat. 2012, §10734; renumbered §10735, Pub. L. 98–554, title II, §227(b)(1), Oct. 30, 1984, 98 Stat. 2852; amended Pub. L. 103–272, §5(m)(23), July 5, 1994, 108 Stat. 1378, related to household goods rates, estimates, and guarantees of service. See section 13704 of this title.
(a)(1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another person for performing a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances.
(b) This section shall not apply to—
(1) contracts described in section 10709 of this title;
(2) rail rates applicable to different routes; or
(3) discrimination against the traffic of another carrier providing transportation by any mode.
(c) Differences between rates, classifications, rules, and practices of rail carriers do not constitute a violation of this section if such differences result from different services provided by rail carriers.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
A prior section 10741, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1390; Pub. L. 96–296, §33(d), July 1, 1980, 94 Stat. 825; Pub. L. 96–448, title II, §212, Oct. 14, 1980, 94 Stat. 1912; Pub. L. 99–521, §7(h), Oct. 22, 1986, 100 Stat. 2995, related to prohibitions against discrimination by common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10741 and 15505 of this title.
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of passengers and property to and from, its respective line and a connecting line of another rail carrier or of a water carrier providing transportation subject to chapter 137.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
A prior section 10742, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to facilities for interchange of traffic, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10742 and 15506 of this title.
(a)(1) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor to a consignee other than the shipper or consignor, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor instructs the rail carrier transporting the property to deliver it to a consignee that is an agent only, not having beneficial title to the property, the consignee is liable for rates billed at the time of delivery for which the consignee is otherwise liable, but not for additional rates that may be found to be due after delivery if the consignee gives written notice to the delivering carrier before delivery of the property—
(A) of the agency and absence of beneficial title; and
(B) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(2) When the consignee is liable only for rates billed at the time of delivery under paragraph (1) of this subsection, the shipper or consignor, or, if the property is reconsigned or diverted, the beneficial owner, is liable for those additional rates regardless of the bill of lading or contract under which the property was transported. The beneficial owner is liable for all rates when the property is reconsigned or diverted by an agent but is refused or abandoned at its ultimate destination if the agent gave the rail carrier in the reconsignment or diversion order a notice of agency and the name and address of the beneficial owner. A consignee giving the rail carrier, and a reconsignor or diverter giving a rail carrier, erroneous information about the identity of the beneficial owner of the property is liable for the additional rates.
(b) Liability for payment of rates for transportation for a shipment of property by a shipper or consignor, named in the bill of lading as consignee, is determined under this subsection when the transportation is provided by a rail carrier under this part. When the shipper or consignor gives written notice, before delivery of the property, to the line-haul rail carrier that is to make ultimate delivery—
(1) to deliver the property to another party identified by the shipper or consignor as the beneficial owner of the property; and
(2) that delivery is to be made to that party on payment of all applicable transportation rates;
that party is liable for the rates billed at the time of delivery and for additional rates that may be found to be due after delivery if that party does not pay the rates required to be paid under paragraph (2) of this subsection on delivery. However, if the party gives written notice to the delivering rail carrier before delivery that the party is not the beneficial owner of the property and gives the rail carrier the name and address of the beneficial owner, then the party is not liable for those additional rates. A shipper, consignor, or party to whom delivery is made that gives the delivering rail carrier erroneous information about the identity of the beneficial owner, is liable for the additional rates regardless of the bill of lading or contract under which the property was transported. This subsection does not apply to a prepaid shipment of property.
(c)(1) A rail carrier may bring an action to enforce liability under subsection (a) of this section. That rail carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the consignee, or the beneficial owner named by the consignee or agent, under that section.
(2) A rail carrier may bring an action to enforce liability under subsection (b) of this section. That carrier must bring the action during the period provided in section 11705(a) of this title or by the end of the 6th month after final judgment against it in an action against the shipper, consignor, or other party under that section.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 819.)
Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10743, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391; Pub. L. 99–521, §7(i), Oct. 22, 1986, 100 Stat. 2995, related to payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 13707 of this title.
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not enter a combination or arrangement to prevent the carriage of freight from being continuous from the place of shipment to the place of destination whether by change of time schedule, carriage in different cars, or by other means. The carriage of freight by those rail carriers is considered to be a continuous carriage from the place of shipment to the place of destination when a break of bulk, stoppage, or interruption is not made in good faith for a necessary purpose, and with the intent of avoiding or unnecessarily interrupting the continuous carriage or of evading this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Provisions similar to those in this section were contained in section 10745 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10744, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1391, related to liability for payment of rates, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 10743 and 13706 of this title.
A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish a charge or allowance for transportation or service for property when the owner of the property, directly or indirectly, furnishes a service related to or an instrumentality used in the transportation or service. The Board may prescribe the maximum reasonable charge or allowance a rail carrier subject to its jurisdiction may pay for a service or instrumentality furnished under this section. The Board may begin a proceeding under this section on its own initiative or on application.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Provisions similar to those in this section were contained in section 10747 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10745, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1392, related to continuous carriage of freight, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10744 of this title.
A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall compute demurrage charges, and establish rules related to those charges, in a way that fulfills the national needs related to—
(1) freight car use and distribution; and
(2) maintenance of an adequate supply of freight cars to be available for transportation of property.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Provisions similar to those in this section were contained in section 10750 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10746, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of commodities manufactured or produced by rail carrier, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)(1) When a person delivers property to a rail carrier for transportation subject to the jurisdiction of the Board under this part, the person may direct the rail carrier to transport the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the property may designate the lines over which the property will be transported. The designation must be in writing. A rail carrier may be directed to transport property over a particular through route when—
(A) there are at least 2 through routes over which the property could be transported;
(B) a through rate has been established for transportation over each of those through routes; and
(C) the rail carrier is a party to those routes and rates.
(2) A rail carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting rail carrier, that rail carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding rail carrier or consignee according to the instructions.
(b) The Board may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 821.)
Provisions similar to those in this section were contained in section 10763 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10747 to 10751, 10761 to 10767, and 10781 to 10786 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10747, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation services or facilities furnished by shippers. See section 10745 of this title.
Section 10748, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393, related to transportation of livestock by rail carrier.
Section 10749, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1393; Pub. L. 96–296, §10(c), July 1, 1980, 94 Stat. 800; Pub. L. 97–468, title VI, §615(b)(3), Jan. 14, 1983, 96 Stat. 2578; Pub. L. 98–216, §2(13), Feb. 14, 1984, 98 Stat. 5; Pub. L. 99–521, §7(j)(1), (2), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–272, §4(j)(24), July 5, 1994, 108 Stat. 1369, related to exchange of services and limitation on use of common carriers by household goods freight forwarders.
Section 10750, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394, related to demurrage charges. See section 10746 of this title.
Section 10751, added Pub. L. 96–296, §33(a), July 1, 1980, 94 Stat. 824; amended Pub. L. 96–448, title II, §215(a), Oct. 14, 1980, 94 Stat. 1915; Pub. L. 103–272, §4(j)(25), July 5, 1994, 108 Stat. 1369, related to business entertainment expenses. See section 14901 of this title.
Section 10761, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, §33(c), July 1, 1980, 94 Stat. 825; Pub. L. 103–311, title II, §206(b), Aug. 26, 1994, 108 Stat. 1684, related to prohibition of transportation without tariff. See section 13702 of this title.
Section 10762, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1394; Pub. L. 96–296, §5(c), July 1, 1980, 94 Stat. 796; Pub. L. 96–448, title II, §216, Oct. 14, 1980, 94 Stat. 1915; Pub. L. 97–261, §12(b), Sept. 20, 1982, 96 Stat. 1113; Pub. L. 99–521, §7(k), Oct. 22, 1986, 100 Stat. 2995; Pub. L. 103–180, §5, Dec. 3, 1993, 107 Stat. 2050; Pub. L. 103–311, title II, §206(c)–(e), Aug. 26, 1994, 108 Stat. 1684, 1685, related to general tariff requirements. See sections 13702 and 13710 of this title.
Section 10763, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1396, related to designation of certain routes by shippers or Interstate Commerce Commission. See section 10747 of this title.
Section 10764, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397, related to arrangements between carriers and required copies of arrangements to be filed with Commission.
Section 10765, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1397, related to water transportation under arrangements with certain other carriers.
Section 10766, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1398; Pub. L. 96–296, §10(d), July 1, 1980, 94 Stat. 801; Pub. L. 99–521, §7(l), Oct. 22, 1986, 100 Stat. 2995, related to freight forwarder traffic agreements.
Section 10767, added Pub. L. 103–180, §7(a), Dec. 3, 1993, 107 Stat. 2051, related to billing and collecting practices. See section 13708 of this title.
Section 10781, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1398, related to investigations and reports by Commission on value of carrier property.
Section 10782, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1399, related to requirements for establishing value.
Section 10783, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1400, related to cooperation and assistance of carriers.
Section 10784, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1400; Pub. L. 96–258, §1(8), June 3, 1980, 94 Stat. 426, related to revision of property valuations.
Section 10785, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401, related to finality of valuations, notices, protests, and review.
Section 10786, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1401, related to applicability of sections 10781 to 10786 of this title.
2008—Pub. L. 110–432, div. A, title VI, §§603(b), 604(b), 605(b), Oct. 16, 2008, 122 Stat. 4903, 4905, added items 10908 to 10910.
(a) A person may—
(1) construct an extension to any of its railroad lines;
(2) construct an additional railroad line;
(3) provide transportation over, or by means of, an extended or additional railroad line; or
(4) in the case of a person other than a rail carrier, acquire a railroad line or acquire or operate an extended or additional railroad line,
only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice, including notice to the Governor of any affected State, of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d)(1) When a certificate has been issued by the Board under this section authorizing the construction or extension of a railroad line, no other rail carrier may block any construction or extension authorized by such certificate by refusing to permit the carrier to cross its property if—
(A) the construction does not unreasonably interfere with the operation of the crossed line;
(B) the operation does not materially interfere with the operation of the crossed line; and
(C) the owner of the crossing line compensates the owner of the crossed line.
(2) If the parties are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Board for determination. The Board shall make a determination under this paragraph within 120 days after the dispute is submitted for determination.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 822.)
A prior section 10901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96–448, title II, §221, Oct. 14, 1980, 94 Stat. 1928, related to authorizing construction and operation of railroad lines, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) A Class II or Class III rail carrier providing transportation subject to the jurisdiction of the Board under this part may acquire or operate an extended or additional rail line under this section only if the Board issues a certificate authorizing such activity under subsection (c).
(b) A proceeding to grant authority under subsection (a) of this section begins when an application is filed. On receiving the application, the Board shall give reasonable public notice of the beginning of such proceeding.
(c) The Board shall issue a certificate authorizing activities for which such authority is requested in an application filed under subsection (b) unless the Board finds that such activities are inconsistent with the public convenience and necessity. Such certificate may approve the application as filed, or with modifications, and may require compliance with conditions (other than labor protection conditions) the Board finds necessary in the public interest.
(d) The Board shall require any Class II rail carrier which receives a certificate under subsection (c) of this section to provide a fair and equitable arrangement for the protection of the interests of employees who may be affected thereby. The arrangement shall consist exclusively of one year of severance pay, which shall not exceed the amount of earnings from railroad employment of the employee during the 12-month period immediately preceding the date on which the application for such certificate is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of the employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction to which the certificate applies. The parties may agree to terms other than as provided in this subsection. The Board shall not require such an arrangement from a Class III rail carrier which receives a certificate under subsection (c) of this section.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 823.)
A prior section 10902, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1403, related to authorizing action by rail carriers to provide adequate, efficient, and safe facilities.
(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part who intends to—
(A) abandon any part of its railroad lines; or
(B) discontinue the operation of all rail transportation over any part of its railroad lines,
must file an application relating thereto with the Board. An abandonment or discontinuance may be carried out only as authorized under this chapter.
(2) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part files an application, the application shall include—
(A) an accurate and understandable summary of the rail carrier's reasons for the proposed abandonment or discontinuance;
(B) a statement indicating that each interested person is entitled to make recommendations to the Board on the future of the rail line; and
(C)(i) a statement that the line is available for subsidy or sale in accordance with section 10904 of this title, (ii) a statement that the rail carrier will promptly provide to each interested party an estimate of the annual subsidy and minimum purchase price, calculated in accordance with section 10904 of this title, and (iii) the name and business address of the person who is authorized to discuss the subsidy or sale terms for the rail carrier.
(3) The rail carrier shall—
(A) send by certified mail notice of the application to the chief executive officer of each State that would be directly affected by the proposed abandonment or discontinuance;
(B) post a copy of the notice in each terminal and station on each portion of a railroad line proposed to be abandoned or over which all transportation is to be discontinued;
(C) publish a copy of the notice for 3 consecutive weeks in a newspaper of general circulation in each county in which each such portion is located;
(D) mail a copy of the notice, to the extent practicable, to all shippers that have made significant use (as designated by the Board) of the railroad line during the 12 months preceding the filing of the application; and
(E) attach to the application filed with the Board an affidavit certifying the manner in which subparagraphs (A) through (D) of this paragraph have been satisfied, and certifying that subparagraphs (A) through (D) have been satisfied within the most recent 30 days prior to the date the application is filed.
(b)(1) Except as provided in subsection (d), abandonment and discontinuance may occur as provided in section 10904.
(2) The Board shall require as a condition of any abandonment or discontinuance under this section provisions to protect the interests of employees. The provisions shall be at least as beneficial to those interests as the provisions established under sections 11326(a) and 24706(c) 1 of this title.
(c)(1) In this subsection, the term “potentially subject to abandonment” has the meaning given the term in regulations of the Board. The regulations may include standards that vary by region of the United States and by railroad or group of railroads.
(2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the rail carrier. The rail carrier shall submit to the Board and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram. The diagram shall—
(A) include a detailed description of each of its railroad lines potentially subject to abandonment; and
(B) identify each railroad line for which the rail carrier plans to file an application to abandon or discontinue under subsection (a) of this section.
(d) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may—
(1) abandon any part of its railroad lines; or
(2) discontinue the operation of all rail transportation over any part of its railroad lines;
only if the Board finds that the present or future public convenience and necessity require or permit the abandonment or discontinuance. In making the finding, the Board shall consider whether the abandonment or discontinuance will have a serious, adverse impact on rural and community development.
(e) Subject to this section and sections 10904 and 10905 of this title, if the Board—
(1) finds public convenience and necessity, it shall—
(A) approve the application as filed; or
(B) approve the application with modifications and require compliance with conditions that the Board finds are required by public convenience and necessity; or
(2) fails to find public convenience and necessity, it shall deny the application.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 823.)
Section 24706(c) of this title, referred to in subsec. (b)(2), was repealed by Pub. L. 105–134, title I, §142(a), Dec. 2, 1997, 111 Stat. 2576.
A prior section 10903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1403; Pub. L. 96–448, title IV, §402(a), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98–216, §2(14), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(24), July 5, 1994, 108 Stat. 1378, related to authorizing abandonment and discontinuance of railroad lines and rail transportation.
Pub. L. 97–102, title IV, §402, Dec. 23, 1981, 95 Stat. 1465, as amended by Pub. L. 102–143, title III, §343, Oct. 28, 1991, 105 Stat. 948, provided that: “Notwithstanding any other provision of law or of this Act, none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excess of a total of 350 miles, except that exempt abandonments and discontinuances that are effectuated pursuant to section 1152.50 of title 49 of the Code of Federal Regulations after the date of enactment of the Department of Transportation and Related Agencies Appropriations Act, 1992 [Oct. 28, 1991], shall not apply toward such 350-mile limit: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97–331).” [Section 311 of H.R. 4209 is section 311 of Pub. L. 97–102, title III, Dec. 23, 1981, 95 Stat. 1460, which is not classified to the Code.] Similar provisions were contained in Pub. L. 97–92, title IV, §115, Dec. 15, 1981, 95 Stat. 1196.
[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.]
1 See References in Text note below.
(a) In this section—
(1) the term “avoidable cost” means all expenses that would be incurred by a rail carrier in providing transportation that would not be incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation. Cash inflows foregone and cash outflows incurred include—
(A) working capital and required capital expenditure;
(B) expenditures to eliminate deferred maintenance;
(C) the current cost of freight cars, locomotives, and other equipment; and
(D) the foregone tax benefits from not retiring properties from rail service and other effects of applicable Federal and State income taxes; and
(2) the term “reasonable return” means—
(A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Board; and
(B) if a rail carrier is in reorganization, the mean cost of capital of rail carriers not in reorganization, as determined by the Board.
(b) Any rail carrier which has filed an application for abandonment or discontinuance shall provide promptly to a party considering an offer of financial assistance and shall provide concurrently to the Board—
(1) an estimate of the annual subsidy and minimum purchase price required to keep the line or a portion of the line in operation;
(2) its most recent reports on the physical condition of that part of the railroad line involved in the proposed abandonment or discontinuance;
(3) traffic, revenue, and other data necessary to determine the amount of annual financial assistance which would be required to continue rail transportation over that part of the railroad line; and
(4) any other information that the Board considers necessary to allow a potential offeror to calculate an adequate subsidy or purchase offer.
(c) Within 4 months after an application is filed under section 10903, any person may offer to subsidize or purchase the railroad line that is the subject of such application. Such offer shall be filed concurrently with the Board. If the offer to subsidize or purchase is less than the carrier's estimate stated pursuant to subsection (b)(1), the offer shall explain the basis of the disparity, and the manner in which the offer is calculated.
(d)(1) Unless the Board, within 15 days after the expiration of the 4-month period described in subsection (c), finds that one or more financially responsible persons (including a governmental authority) have offered financial assistance regarding that part of the railroad line to be abandoned or over which all rail transportation is to be discontinued, abandonment or discontinuance may be carried out in accordance with section 10903.
(2) If the Board finds that such an offer or offers of financial assistance has been made within such period, abandonment or discontinuance shall be postponed until—
(A) the carrier and a financially responsible person have reached agreement on a transaction for subsidy or sale of the line; or
(B) the conditions and amount of compensation are established under subsection (f).
(e) Except as provided in subsection (f)(3), if the rail carrier and a financially responsible person (including a governmental authority) fail to agree on the amount or terms of the subsidy or purchase, either party may, within 30 days after the offer is made, request that the Board establish the conditions and amount of compensation.
(f)(1) Whenever the Board is requested to establish the conditions and amount of compensation under this section—
(A) the Board shall render its decision within 30 days;
(B) for proposed sales, the Board shall determine the price and other terms of sale, except that in no case shall the Board set a price which is below the fair market value of the line (including, unless otherwise mutually agreed, all facilities on the line or portion necessary to provide effective transportation services); and
(C) for proposed subsidies, the Board shall establish the compensation as the difference between the revenues attributable to that part of the railroad line and the avoidable cost of providing rail freight transportation on the line, plus a reasonable return on the value of the line.
(2) The decision of the Board shall be binding on both parties, except that the person who has offered to subsidize or purchase the line may withdraw his offer within 10 days of the Board's decision. In such a case, the abandonment or discontinuance may be carried out immediately, unless other offers are being considered pursuant to paragraph (3) of this subsection.
(3) If a rail carrier receives more than one offer to subsidize or purchase, it shall select the offeror with whom it wishes to transact business, and complete the subsidy or sale agreement, or request that the Board establish the conditions and amount of compensation before the 40th day after the expiration of the 4-month period described in subsection (c). If no agreement on subsidy or sale is reached within such 40-day period and the Board has not been requested to establish the conditions and amount of compensation, any other offeror whose offer was made within the 4-month period described in subsection (c) may request that the Board establish the conditions and amount of compensation. If the Board has established the conditions and amount of compensation, and the original offer has been withdrawn, any other offeror whose offer was made within the 4-month period described in subsection (c) may accept the Board's decision within 20 days after such decision, and the Board shall require the carrier to enter into a subsidy or sale agreement with such offeror, if such subsidy or sale agreement incorporates the Board's decision.
(4)(A) No purchaser of a line or portion of line sold under this section may transfer or discontinue service on such line prior to the end of the second year after consummation of the sale, nor may such purchaser transfer such line, except to the rail carrier from whom it was purchased, prior to the end of the fifth year after consummation of the sale.
(B) No subsidy arrangement approved under this section shall remain in effect for more than one year, unless otherwise mutually agreed by the parties.
(g) Upon abandonment of a railroad line under this chapter, the obligation of the rail carrier abandoning the line to provide transportation on that line, as required by section 11101(a), is extinguished.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 825.)
Provisions similar to those in this section were contained in section 10905 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1404; Pub. L. 96–448, title IV, §402(b), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98–216, §2(4), Feb. 14, 1984, 98 Stat. 5, related to filing and procedure for applications to abandon or discontinue railroad lines or rail transportation, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10903 of this title.
When the Board approves an application to abandon or discontinue under section 10903, the Board shall find whether the rail properties that are involved in the proposed abandonment or discontinuance are appropriate for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Board finds that the rail properties proposed to be abandoned are appropriate for public purposes and not required for continued rail operations, the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Board. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 827.)
Provisions similar to those in this section were contained in section 10906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10905, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1405; Pub. L. 96–448, title IV, §402(c), Oct. 14, 1980, 94 Stat. 1942; Pub. L. 103–272, §4(j)(26), July 5, 1994, 108 Stat. 1369, related to offers of financial assistance to avoid abandonment and discontinuance, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10904 of this title.
Notwithstanding section 10901 and subchapter II of chapter 113 of this title, and without the approval of the Board, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The Board does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 827.)
Provisions similar to those in this section were contained in section 10907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 10906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1406, related to offering abandoned rail properties for sale for public purposes, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 10905 of this title.
(a) In this section, the term “financially responsible person” means a person who—
(1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and
(2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years.
Such term includes a governmental authority but does not include a Class I or Class II rail carrier.
(b)(1) When the Board finds that—
(A)(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under section 10903 of this title, but the rail carrier owning such line has not filed an application to abandon such line under section 10903 of this title before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and
(B) an application to purchase such line has been filed by a financially responsible person,
the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater.
(c)(1) For purposes of this section, the Board may determine that the public convenience and necessity require or permit the sale of a railroad line if the Board determines, after a hearing on the record, that—
(A) the rail carrier operating such line refuses within a reasonable time to make the necessary efforts to provide adequate service to shippers who transport traffic over such line;
(B) the transportation over such line is inadequate for the majority of shippers who transport traffic over such line;
(C) the sale of such line will not have a significantly adverse financial effect on the rail carrier operating such line;
(D) the sale of such line will not have an adverse effect on the overall operational performance of the rail carrier operating such line; and
(E) the sale of such line will be likely to result in improved railroad transportation for shippers that transport traffic over such line.
(2) In a proceeding under this subsection, the burden of proving that the public convenience and necessity require or permit the sale of a particular railroad line is on the person filing the application to acquire such line. If the Board finds under this subsection that the public convenience and necessity require or permit the sale of a particular railroad line, the Board shall concurrently notify the parties of such finding and publish such finding in the Federal Register.
(d) In the case of any railroad line subject to sale under subsection (a) of this section, the Board shall, upon the request of the acquiring carrier, require the selling carrier to provide to the acquiring carrier trackage rights to allow a reasonable interchange with the selling carrier or to move power equipment or empty rolling stock between noncontiguous feeder lines operated by the acquiring carrier. The Board shall require the acquiring carrier to provide the selling carrier reasonable compensation for any such trackage rights.
(e) The Board shall require, to the maximum extent practicable, the use of the employees who would normally have performed work in connection with a railroad line subject to a sale under this section.
(f) In the case of a railroad line which carried less than 3,000,000 gross ton miles of traffic per mile in the preceding calendar year, whenever a purchasing carrier under this section petitions the Board for joint rates applicable to traffic moving over through routes in which the purchasing carrier may practicably participate, the Board shall, within 30 days after the date such petition is filed and pursuant to section 10705(a) of this title, require the establishment of reasonable joint rates and divisions over such route.
(g)(1) Any person operating a railroad line acquired under this section may elect to be exempt from any of the provisions of this part, except that such a person may not be exempt from the provisions of chapter 107 of this title with respect to transportation under a joint rate.
(2) The provisions of paragraph (1) of this subsection shall apply to any line of railroad which was abandoned during the 18-month period immediately prior to October 1, 1980, and was subsequently purchased by a financially responsible person.
(h) If a purchasing carrier under this section proposes to sell or abandon all or any portion of a purchased railroad line, such purchasing carrier shall offer the right of first refusal with respect to such line or portion thereof to the carrier which sold such line under this section. Such offer shall be made at a price equal to the sum of the price paid by such purchasing carrier to such selling carrier for such line or portion thereof and the fair market value (less deterioration) of any improvements made, as adjusted to reflect inflation.
(i) Any person operating a railroad line acquired under this section may determine preconditions, such as payment of a subsidy, which must be met by shippers in order to obtain service over such lines, but such operator must notify the shippers on the line of its intention to impose such preconditions.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 828.)
Provisions similar to those in this section were contained in section 10910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 10907 to 10910 and 10921 to 10936 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 10907, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1407, related to rail carriers entering into arrangements for joint use or ownership of spur, industrial, team, switching, or side tracks, and deprived Interstate Commerce Commission of authority over such tracks when located in one State or over certain electric railways. See sections 10102, 10501, and 10906 of this title.
Section 10908, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1407, related to discontinuing or changing interstate train or ferry transportation subject to State law.
Section 10909, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1408, related to discontinuing or changing train or ferry transportation in one State.
Section 10910, added Pub. L. 96–448, title IV, §401(a), Oct. 14, 1980, 94 Stat. 1939; amended Pub. L. 97–468, title V, §506(a), Jan. 14, 1983, 96 Stat. 2553; Pub. L. 103–272, §4(j)(27), July 5, 1994, 108 Stat. 1369, related to railroad development. See section 10907 of this title.
Section 10921, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1409, related to requirement for certificate, permit, or license. See section 13901 of this title.
Section 10922, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1409; Pub. L. 96–296, §§5(a), 6, 34(a), July 1, 1980, 94 Stat. 794, 796, 825; Pub. L. 96–454, §10(a), Oct. 15, 1980, 94 Stat. 2021; Pub. L. 97–261, §§6(a)–(c), (g), 7, 8, Sept. 20, 1982, 96 Stat. 1103, 1107, 1108; Pub. L. 98–554, title II, §§225(a), (b), 226(b), Oct. 30, 1984, 98 Stat. 2847, 2848, 2850; Pub. L. 100–17, title III, §§339, 340(a), Apr. 2, 1987, 101 Stat. 243, 245; Pub. L. 100–690, title IX, §9111(g), Nov. 18, 1988, 102 Stat. 4533; Pub. L. 102–240, title III, §3003(b), Dec. 18, 1991, 105 Stat. 2088; Pub. L. 103–272, §5(m)(25), July 5, 1994, 108 Stat. 1378; Pub. L. 103–311, title II, §207, Aug. 26, 1994, 108 Stat. 1686; Pub. L. 103–429, §7(a)(4)(D), Oct. 31, 1994, 108 Stat. 4389, related to certificates of motor and water common carriers. See section 13902 of this title.
Section 10923, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1410; Pub. L. 96–258, §1(9), June 3, 1980, 94 Stat. 426; Pub. L. 96–296, §§10(a)(2), (3), 34(b), July 1, 1980, 94 Stat. 799, 800, 825; Pub. L. 97–261, §13(a), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 99–521, §8(a)(1), (2), Oct. 22, 1986, 100 Stat. 2996; Pub. L. 103–311, title II, §208, Aug. 26, 1994, 108 Stat. 1687, related to permits of motor and water contract carriers and household goods freight forwarders. See section 13903 of this title.
Section 10924, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1412; Pub. L. 96–296, §17(a), July 1, 1980, 94 Stat. 810; Pub. L. 97–261, §14(a)–(c), Sept. 20, 1982, 96 Stat. 1114; Pub. L. 103–272, §4(j)(28), July 5, 1994, 108 Stat. 1370, related to licenses of motor carrier brokers. See section 13904 of this title.
Section 10925, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1412; Pub. L. 96–296, §§10(e), 17(b), July 1, 1980, 94 Stat. 801, 811; Pub. L. 97–261, §§13(b), 22, Sept. 20, 1982, 96 Stat. 1114, 1123; Pub. L. 97–449, §5(g)(6), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 99–521, §8(b), Oct. 22, 1986, 100 Stat. 2996; Pub. L. 103–311, title II, §209, Aug. 26, 1994, 108 Stat. 1688, related to effective periods of certificates, permits, and licenses. See section 13905 of this title.
Section 10926, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1413; Pub. L. 99–521, §8(c), Oct. 22, 1986, 100 Stat. 2996, related to transfers of certificates and permits.
Section 10927, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1413; Pub. L. 96–296, §29, July 1, 1980, 94 Stat. 820; Pub. L. 97–261, §18(h), Sept. 20, 1982, 96 Stat. 1121; Pub. L. 98–554, title II, §226(c)(2), (3), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 99–521, §8(d), Oct. 22, 1986, 100 Stat. 2996; Pub. L. 100–690, title IX, §9111(h), Nov. 18, 1988, 102 Stat. 4534; Pub. L. 103–272, §5(m)(26), July 5, 1994, 108 Stat. 1378, related to security of motor carriers, brokers, and freight forwarders. See section 13906 of this title.
Section 10928, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1414; Pub. L. 96–296, §23, July 1, 1980, 94 Stat. 814; Pub. L. 97–261, §15, Sept. 20, 1982, 96 Stat. 1114, related to temporary authority for motor and water carriers.
Section 10929, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1415, related to temporary authority for previously exempt water transportation.
Section 10930, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1415; Pub. L. 96–296, §10(b), July 1, 1980, 94 Stat. 800; Pub. L. 99–521, §8(e), Oct. 22, 1986, 100 Stat. 2996, related to limitations on certificates and permits.
Section 10931, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1416, related to motor common carriers providing transportation entirely in one State.
Section 10932, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1417, related to motor carrier savings provisions.
Section 10933, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1418; Pub. L. 99–521, §8(f)(1), (2), Oct. 22, 1986, 100 Stat. 2996, 2997, related to authorizing abandonment of household goods freight forwarder service.
Section 10934, added Pub. L. 96–454, §5(a)(1), Oct. 15, 1980, 94 Stat. 2013; amended Pub. L. 98–554, title II, §227(a)(2), Oct. 30, 1984, 98 Stat. 2852, related to household goods agents. See section 13907 of this title.
Section 10935, added Pub. L. 97–261, §16(a), Sept. 20, 1982, 96 Stat. 1115; amended Pub. L. 103–272, §5(m)(27), July 5, 1994, 108 Stat. 1378, related to discontinuing bus transportation in one State.
Section 10936, added Pub. L. 103–311, title II, §211(a), Aug. 26, 1994, 108 Stat. 1689, related to limitation on State regulation of intrastate passengers by bus.
(a)
(b)
(1)
(2)
(A)
(i) if, within 180 days after such date of enactment, the solid waste rail transfer facility has submitted, in good faith, a complete application for all permits, except siting permits, required pursuant to subsection (a) to the appropriate permitting agency authorized to grant such permits; and
(ii) until the permitting agency has either approved or denied the solid waste rail transfer facility's application for each permit.
(B)
(c)
(d)
(e)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(i) household waste;
(ii) commercial and retail waste; and
(iii) institutional waste.
(G)
(i) construction and demolition debris;
(ii) municipal solid waste;
(iii) household waste;
(iv) commercial and retail waste;
(v) institutional waste;
(vi) sludge;
(vii) industrial waste; and
(viii) other solid waste, as determined appropriate by the Board.
(H)
(i) means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in section 10102 of this title) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place outside of original shipping containers; but
(ii) does not include—
(I) the portion of a facility to the extent that activities taking place at such portion are comprised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transportation for the purpose of interchanging railroad cars containing solid waste shipments; or
(II) a facility where solid waste is solely transferred or transloaded from a tank truck directly to a rail tank car.
(I)
(2)
(A) yard waste and refuse-derived fuel;
(B) used oil;
(C) wood pallets;
(D) clean wood;
(E) medical or infectious waste; or
(F) motor vehicles (including motor vehicle parts or vehicle fluff).
(3)
(Added Pub. L. 110–432, div. A, title VI, §603(a), Oct. 16, 2008, 122 Stat. 4900.)
The date of enactment of the Clean Railroads Act of 2008, referred to in subsec. (b), is the date of enactment of title VI of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
The Solid Waste Disposal Act, referred to in subsec. (e)(1)(D), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Act is classified generally to subchapter III (§6921 et seq.) of chapter 82 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
1 So in original. Probably should be followed by a comma.
(a)
(1) the Board finds that a State, local, or municipal law, regulation, order, or other requirement affecting the siting of such facility unreasonably burdens the interstate transportation of solid waste by railroad, discriminates against the railroad transportation of solid waste and a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility petitions the Board for such an exemption; or
(2) the Governor of a State in which a facility that is operating as of the date of enactment of the Clean Railroads Act of 2008 is located, or his or her designee, petitions the Board to initiate a permit proceeding for that particular facility.
(b)
(1) the information that each application should contain to explain how the solid waste rail transfer facility will not pose an unreasonable risk to public health, safety, or the environment;
(2) the opportunity for public notice and comment including notification of the municipality, the State, and any relevant Federal or State regional planning entity in the jurisdiction of which the solid waste rail transfer facility is proposed to be located;
(3) the timeline for Board review, including a requirement that the Board approve or deny an exemption within 90 days after the full record for the application is developed;
(4) the expedited review timelines for petitions for modifications, amendments, or revocations of granted exemptions;
(5) the process for a State to petition the Board to require a solid waste transfer facility or a rail carrier that owns or operates such a facility to apply for a siting permit; and
(6) the process for a solid waste transfer facility or a rail carrier that owns or operates such a facility to petition the Board for a land-use exemption.
(c)
(1) The Board may only issue a land-use exemption if it determines that the facility at the existing or proposed location does not pose an unreasonable risk to public health, safety, or the environment. In deciding whether a solid waste rail transfer facility that is or proposed to be constructed or operated by or on behalf of a rail carrier poses an unreasonable risk to public health, safety, or the environment, the Board shall weigh the particular facility's potential benefits to and the adverse impacts on public health, public safety, the environment, interstate commerce, and transportation of solid waste by rail.
(2) The Board may not grant a land-use exemption for a solid waste rail transfer facility proposed to be located on land within any unit of or land affiliated with the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, the National Trails System, the National Wild and Scenic Rivers System, a National Reserve, a National Monument, or lands referenced in Public Law 108–421 for which a State has implemented a conservation management plan, if operation of the facility would be inconsistent with restrictions placed on such land.
(d)
(1) the land-use, zoning, and siting regulations or solid waste planning requirements of the State or State subdivision in which the facility is or will be located that are applicable to solid waste transfer facilities, including those that are not owned or operated by or on behalf of a rail carrier;
(2) the land-use, zoning, and siting regulations or solid waste planning requirements applicable to the property where the solid waste rail transfer facility is proposed to be located;
(3) regional transportation planning requirements developed pursuant to Federal and State law;
(4) regional solid waste disposal plans developed pursuant to State or Federal law;
(5) any Federal and State environmental protection laws or regulations applicable to the site;
(6) any unreasonable burdens imposed on the interstate transportation of solid waste by railroad, or the potential for discrimination against the railroad transportation of solid waste, a solid waste rail transfer facility, or a rail carrier that owns or operates such a facility; and
(7) any other relevant factors, as determined by the Board.
(e)
(f)
(g)
(h)
(i)
(Added Pub. L. 110–432, div. A, title VI, §604(a), Oct. 16, 2008, 122 Stat. 4903.)
The date of enactment of the Clean Railroads Act of 2008, referred to in subsecs. (a)(2), (b), and (e), is the date of enactment of title VI of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
Public Law 108–421, referred to in subsec. (c)(2), is Pub. L. 108–421, Nov. 30, 2004, 118 Stat. 2375, known as the Highlands Conservation Act, which is not classified to the Code.
1 So in original. Probably should be “Railroads”.
2 So in original. Probably should be followed by “a”.
Nothing in section 10908 or 10909 is intended to affect the traditional police powers of the State to require a rail carrier to comply with State and local environmental, public health, and public safety standards that are not unreasonably burdensome to interstate commerce and do not discriminate against rail carriers.
(Added Pub. L. 110–432, div. A, title VI, §605(a), Oct. 16, 2008, 122 Stat. 4905.)
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall provide the transportation or service on reasonable request. A rail carrier shall not be found to have violated this section because it fulfills its reasonable commitments under contracts authorized under section 10709 of this title before responding to reasonable requests for service. Commitments which deprive a carrier of its ability to respond to reasonable requests for common carrier service are not reasonable.
(b) A rail carrier shall also provide to any person, on request, the carrier's rates and other service terms. The response by a rail carrier to a request for the carrier's rates and other service terms shall be—
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c) A rail carrier may not increase any common carrier rates or change any common carrier service terms unless 20 days have expired after written or electronic notice is provided to any person who, within the previous 12 months—
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d) With respect to transportation of agricultural products, in addition to the requirements of subsections (a), (b), and (c), a rail carrier shall publish, make available, and retain for public inspection its common carrier rates, schedules of rates, and other service terms, and any proposed and actual changes to such rates and service terms. For purposes of this subsection, agricultural products shall include grain as defined in section 3 of the United States Grain Standards Act (7 U.S.C. 75) and all products thereof, and fertilizer.
(e) A rail carrier shall provide transportation or service in accordance with the rates and service terms, and any changes thereto, as published or otherwise made available under subsection (b), (c), or (d).
(f) The Board shall, by regulation, establish rules to implement this section. The regulations shall provide for immediate disclosure and dissemination of rates and service terms, including classifications, rules, and practices, and their effective dates. Final regulations shall be adopted by the Board not later than 180 days after January 1, 1996.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 830; amended Pub. L. 104–287, §5(25), Oct. 11, 1996, 110 Stat. 3390.)
A prior section 11101, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–258, §1(10), June 3, 1980, 94 Stat. 426; Pub. L. 96–448, title II, §222, Oct. 14, 1980, 94 Stat. 1929; Pub. L. 99–521, §9(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L. 103–180, §8, Dec. 3, 1993, 107 Stat. 2052, related to duties of carriers to provide transportation and service, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11101, 13710, 14101, and 15701 of this title.
1996—Subsec. (f). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) The Board may require terminal facilities, including main-line tracks for a reasonable distance outside of a terminal, owned by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, to be used by another rail carrier if the Board finds that use to be practicable and in the public interest without substantially impairing the ability of the rail carrier owning the facilities or entitled to use the facilities to handle its own business. The rail carriers are responsible for establishing the conditions and compensation for use of the facilities. However, if the rail carriers cannot agree, the Board may establish conditions and compensation for use of the facilities under the principle controlling compensation in condemnation proceedings. The compensation shall be paid or adequately secured before a rail carrier may begin to use the facilities of another rail carrier under this section.
(b) A rail carrier whose terminal facilities are required to be used by another rail carrier under this section is entitled to recover damages from the other rail carrier for injuries sustained as the result of compliance with the requirement or for compensation for the use, or both as appropriate, in a civil action, if it is not satisfied with the conditions for use of the facilities or if the amount of the compensation is not paid promptly.
(c)(1) The Board may require rail carriers to enter into reciprocal switching agreements, where it finds such agreements to be practicable and in the public interest, or where such agreements are necessary to provide competitive rail service. The rail carriers entering into such an agreement shall establish the conditions and compensation applicable to such agreement, but, if the rail carriers cannot agree upon such conditions and compensation within a reasonable period of time, the Board may establish such conditions and compensation.
(2) The Board may require reciprocal switching agreements entered into by rail carriers pursuant to this subsection to contain provisions for the protection of the interests of employees affected thereby.
(d) The Board shall complete any proceeding under subsection (a) or (b) within 180 days after the filing of the request for relief.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 831.)
Provisions similar to those in this section were contained in section 11103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11102, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419, related to classification of carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) On application of the owner of a lateral branch line of railroad, or of a shipper tendering interstate traffic for transportation, a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall construct, maintain, and operate, on reasonable conditions, a switch connection to connect that branch line or private side track with its railroad and shall furnish cars to move that traffic to the best of its ability without discrimination in favor of or against the shipper when the connection—
(1) is reasonably practicable;
(2) can be made safely; and
(3) will furnish sufficient business to justify its construction and maintenance.
(b) If a rail carrier fails to install and operate a switch connection after application is made under subsection (a) of this section, the owner of the lateral branch line of railroad or the shipper may file a complaint with the Board under section 11701 of this title. The Board shall investigate the complaint and decide the safety, practicability, justification, and compensation to be paid for the connection. The Board may direct the rail carrier to comply with subsection (a) of this section only after a full hearing.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 831.)
Provisions similar to those in this section were contained in section 11104 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11103 to 11111 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11103, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1419; Pub. L. 96–448, title II, §223, Oct. 14, 1980, 94 Stat. 1929, related to use of terminal facilities. See section 11102 of this title.
Section 11104, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to switch connections and tracks. See section 11103 of this title.
Section 11105, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to protective services.
Section 11106, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420, related to identification of motor vehicles.
Section 11107, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1420; Pub. L. 96–296, §15(d), July 1, 1980, 94 Stat. 809, related to leased motor vehicles. See section 14102 of this title.
Section 11108, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421, related to water carriers subject to unreasonable discrimination in foreign transportation.
Section 11109, added Pub. L. 96–296, §15(a)(1), July 1, 1980, 94 Stat. 808, related to loading and unloading motor vehicles. See section 14103 of this title.
Section 11110, added Pub. L. 96–454, §6(a)(1), Oct. 15, 1980, 94 Stat. 2015, related to household goods carrier operations. See section 14104 of this title.
Section 11111, added Pub. L. 97–261, §25(d)(1), Sept. 20, 1982, 96 Stat. 1125, related to use of citizen band radios on buses.
(a)(1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part shall furnish safe and adequate car service and establish, observe, and enforce reasonable rules and practices on car service. The Board may require a rail carrier to provide facilities and equipment that are reasonably necessary to furnish safe and adequate car service if the Board decides that the rail carrier has materially failed to furnish that service. The Board may begin a proceeding under this paragraph when an interested person files an application with it. The Board may act only after a hearing on the record and an affirmative finding, based on the evidence presented, that—
(A) providing the facilities or equipment will not materially and adversely affect the ability of the rail carrier to provide safe and adequate transportation;
(B) the amount spent for the facilities or equipment, including a return equal to the rail carrier's current cost of capital, will be recovered; and
(C) providing the facilities or equipment will not impair the ability of the rail carrier to attract adequate capital.
(2) The Board may require a rail carrier to file its car service rules with the Board.
(b) The Board may designate and appoint agents and agencies to make and carry out its directions related to car service and matters under sections 11123 and 11124(a)(1) of this title.
(c) The Board shall consult, as it considers necessary, with the National Grain Car Council on matters within the charter of that body.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)
A prior section 11121, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–258, §1(11), June 3, 1980, 94 Stat. 426, related to criteria of rail carriers to furnish safe and adequate car service, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—
(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;
(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and
(3) sanctions for nonobservance.
(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)
A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, §224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) When the Board determines that shortage of equipment, congestion of traffic, unauthorized cessation of operations, failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, or other failure of traffic movement exists which creates an emergency situation of such magnitude as to have substantial adverse effects on shippers, or on rail service in a region of the United States, or that a rail carrier providing transportation subject to the jurisdiction of the Board under this part cannot transport the traffic offered to it in a manner that properly serves the public, the Board may, to promote commerce and service to the public, for a period not to exceed 30 days—
(1) direct the handling, routing, and movement of the traffic of a rail carrier and its distribution over its own or other railroad lines;
(2) require joint or common use of railroad facilities;
(3) prescribe temporary through routes;
(4) give directions for—
(A) preference or priority in transportation;
(B) embargoes; or
(C) movement of traffic under permits; or
(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.
(b)(1) Except with respect to proceedings under paragraph (2) of this subsection, the Board may act under this section on its own initiative or on application without regard to subchapter II of chapter 5 of title 5.
(2) Rail carriers may establish between themselves the terms of compensation for operations, and use of facilities and equipment, required under this section. When rail carriers do not agree on the terms of compensation under this section, the Board may establish the terms for them. The Board may act under subsection (a) before conducting a proceeding under this paragraph.
(3)(A) Except as provided in subparagraph (B), when a rail carrier is directed under this section to operate the lines of another rail carrier due to that carrier's cessation of operations, compensation for the directed operations shall derive only from revenues generated by the directed operations.
(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.
(c)(1) The Board may extend any action taken under subsection (a) of this section beyond 30 days if the Board finds that a transportation emergency described in subsection (a) continues to exist. Action by the Board under subsection (a) of this section may not remain in effect for more than 240 days beyond the initial 30-day period.
(2) The Board may not take action under this section that would—
(A) cause a rail carrier to operate in violation of this part; or
(B) impair substantially the ability of a rail carrier to serve its own customers adequately, or to fulfill its common carrier obligations.
(3) A rail carrier directed by the Board to take action under this section is not responsible, as a result of that action, for debts of any other rail carrier.
(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless—
(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and
(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.
(d) In carrying out this section, the Board shall require, to the maximum extent practicable, the use of employees who would normally have performed work in connection with the traffic subject to the action of the Board.
(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Board's jurisdiction.
(f) For purposes of this section, the term “commuter rail passenger transportation” has the meaning given that term in section 24102(4).1
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 833; amended Pub. L. 108–199, div. F, title I, §150(1), Jan. 23, 2004, 118 Stat. 302.)
Section 24102 of this title, referred to in subsec. (f), was subsequently amended, and section 24102(4) no longer defines “commuter rail passenger transportation”. However, such term is defined elsewhere in that section.
A prior section 11123, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1422; Pub. L. 96–448, title II, §226, Oct. 14, 1980, 94 Stat. 1930, related to situations requiring immediate action, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2004—Subsec. (a). Pub. L. 108–199, §150(1)(A)(i), inserted “failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation,” after “cessation of operations,” in introductory provisions.
Subsec. (a)(5). Pub. L. 108–199, §150(1)(A)(ii)–(iv), added par. (5).
Subsec. (b)(3). Pub. L. 108–199, §150(1)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B), when” for “When”, and added subpar. (B).
Subsec. (c)(4). Pub. L. 108–199, §150(1)(C), added par. (4).
Subsecs. (e), (f). Pub. L. 108–199, §150(1)(D), added subsecs. (e) and (f).
1 See References in Text note below.
(a)(1) When the President, during time of war or threatened war, notifies the Board that it is essential to the defense and security of the United States to give preference or priority to the movement of certain traffic, the Board shall direct that preference or priority be given to that traffic.
(2) When the President, during time of war or threatened war, demands that preference and precedence be given to the transportation of troops and material of war over all other traffic, all rail carriers providing transportation subject to the jurisdiction of the Board under this part shall adopt every means within their control to facilitate and expedite the military traffic.
(b) An embargo imposed by any such rail carrier does not apply to shipments consigned to agents of the United States Government for its use. The rail carrier shall deliver those shipments as promptly as possible.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
Provisions similar to those in this section were contained in section 11128 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11124 to 11128 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11124, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1422, related to rerouting traffic on failure of rail carrier to serve the public.
Section 11125, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1423; Pub. L. 98–216, §2(15), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(28), July 5, 1994, 108 Stat. 1378, related to directed rail transportation.
Section 11126, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 103–272, §5(m)(29), July 5, 1994, 108 Stat. 1378, related to distribution of coal cars.
Section 11127, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1424; Pub. L. 99–521, §9(b)(1), (2), Oct. 22, 1986, 100 Stat. 2997, related to service of household goods freight forwarders.
Section 11128, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425, related to war emergencies and embargoes imposed by carriers. See section 11124 of this title.
In this subchapter—
(1) the terms “rail carrier” and “lessor” include a receiver or trustee of a rail carrier and lessor, respectively;
(2) the term “lessor” means a person owning a railroad that is leased to and operated by a carrier providing transportation subject to the jurisdiction of the Board under this part; and
(3) the term “association” means an organization maintained by or in the interest of a group of rail carriers providing transportation or service subject to the jurisdiction of the Board under this part that performs a service, or engages in activities, related to transportation under this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
A prior section 11141, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 99–521, §9(c), Oct. 22, 1986, 100 Stat. 2997, defined terms for purposes of former sections 11141 to 11145 of this title, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11141, 14121, and 15721 of this title.
The Board may prescribe a uniform accounting system for classes of rail carriers providing transportation subject to the jurisdiction of the Board under this part. To the maximum extent practicable, the Board shall conform such system to generally accepted accounting principles, and shall administer this subchapter in accordance with such principles.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
A prior section 11142, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1425; Pub. L. 96–448, title III, §301, Oct. 14, 1980, 94 Stat. 1934, related to uniform accounting system, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
The Board shall, for a class of rail carriers providing transportation subject to its jurisdiction under this part, prescribe, and change when necessary, those classes of property for which depreciation charges may be included under operating expenses and a rate of depreciation that may be charged to a class of property. The Board may classify those rail carriers for purposes of this section. A rail carrier for whom depreciation charges and rates of depreciation are in effect under this section for any class of property may not—
(1) charge to operating expenses a depreciation charge on a class of property other than that prescribed by the Board;
(2) charge another rate of depreciation; or
(3) include other depreciation charges in operating expenses.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 834.)
A prior section 11143, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426, related to depreciation charges, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) The Board may prescribe the form of records required to be prepared or compiled under this subchapter—
(1) by rail carriers and lessors, including records related to movement of traffic and receipts and expenditures of money; and
(2) by persons furnishing cars to or for a rail carrier providing transportation subject to the jurisdiction of the Board under this part to the extent related to those cars or that service.
(b) The Board, or an employee designated by the Board, may on demand and display of proper credentials—
(1) inspect and examine the lands, buildings, and equipment of a rail carrier or lessor; and
(2) inspect and copy any record of—
(A) a rail carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a rail carrier if the Board considers inspection relevant to that person's relation to, or transaction with, that rail carrier; and
(C) a person furnishing cars to or for a rail carrier if the Board prescribed the form of that record.
(c) The Board may prescribe the time period during which operating, accounting, and financial records must be preserved by rail carriers, lessors, and persons furnishing cars.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 835.)
A prior section 11144, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1426; Pub. L. 96–296, §24(c), July 1, 1980, 94 Stat. 816, related to form, inspection, and preservation of records, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11144, 14122, and 15722 of this title.
(a) The Board may require—
(1) rail carriers, lessors, and associations, or classes of them as the Board may prescribe, to file annual, periodic, and special reports with the Board containing answers to questions asked by it; and
(2) a person furnishing cars to a rail carrier to file reports with the Board containing answers to questions about those cars.
(b)(1) An annual report shall contain an account, in as much detail as the Board may require, of the affairs of the rail carrier, lessor, or association for the 12-month period ending on December 31 of each year.
(2) An annual report shall be filed with the Board by the end of the third month after the end of the year for which the report is made unless the Board extends the filing date or changes the period covered by the report. The annual report and, if the Board requires, any other report made under this section, shall be made under oath.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 835.)
A prior section 11145, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1427; Pub. L. 96–296, §5(b), July 1, 1980, 94 Stat. 796, related to reports by carriers, lessors, and associations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11145, 14123, and 15723 of this title.
The Board shall periodically review its cost accounting rules and shall make such changes in those rules as are required to achieve the regulatory purposes of this part. The Board shall insure that the rules promulgated under this section are the most efficient and least burdensome means by which the required information may be developed for regulatory purposes. To the maximum extent practicable, the Board shall conform such rules to generally accepted accounting principles.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 835.)
Provisions similar to those in this section were contained in section 11163 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11161, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1934, related to Railroad Accounting Principles Board, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) Each rail carrier shall have and maintain a cost accounting system that is in compliance with the rules promulgated by the Board under section 11161 of this title. A rail carrier may, after notifying the Board, make modifications in such system unless, within 60 days after the date of notification, the Board finds such modifications to be inconsistent with the rules promulgated by the Board under section 11161 of this title.
(b) For purposes of determining whether the cost accounting system of a rail carrier is in compliance with the rules promulgated by the Board, the Board shall have the right to examine and make copies of any documents, papers, or records of such rail carrier relating to compliance with such rules. Such documents, papers, and records (and any copies thereof) shall not be subject to the mandatory disclosure requirements of section 552 of title 5.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)
Provisions similar to those in this section were contained in section 11164 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11162, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1935; amended Pub. L. 103–272, §4(j)(30), July 5, 1994, 108 Stat. 1370, related to cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
As required by the rules of the Board governing discovery in Board proceedings, rail carriers shall make relevant cost data available to shippers, States, ports, communities, and other interested parties that are a party to a Board proceeding in which such data are required.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)
Provisions similar to those in this section were contained in section 11165 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11163, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1936; amended Pub. L. 103–272, §4(j)(31), July 5, 1994, 108 Stat. 1370, related to implementation of cost accounting principles, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11161 of this title.
To obtain expense and revenue information for regulatory purposes, the Board may promulgate reasonable rules for rail carriers providing transportation subject to the jurisdiction of the Board under this part, prescribing expense and revenue accounting and reporting requirements consistent with generally accepted accounting principles uniformly applied to such carriers. Such requirements shall be cost effective and compatible with and not duplicative of the managerial and responsibility accounting requirements of those carriers.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 836.)
Provisions similar to those in this section were contained in section 11166 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11164 to 11168 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11164, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1936, related to certification of rail carrier cost accounting systems. See section 11162 of this title.
Section 11165, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1937, related to cost data availability. See section 11163 of this title.
Section 11166, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1937; amended Pub. L. 103–272, §4(j)(32), July 5, 1994, 108 Stat. 1370, related to accounting and cost reporting. See section 11164 of this title.
Section 11167, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1938; amended Pub. L. 103–272, §4(j)(33), July 5, 1994, 108 Stat. 1370, related to reports to Congress by Railroad Accounting Principles Board.
Section 11168, added Pub. L. 96–448, title III, §302(a), Oct. 14, 1980, 94 Stat. 1938, authorized appropriations for fiscal years 1981 to 1983.
(a) A mortgage (other than a mortgage under chapter 313 of title 46), lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), intended for a use related to interstate commerce shall be filed with the Board in order to perfect the security interest that is the subject of such instrument. An assignment of a right or interest under one of those instruments and an amendment to that instrument or assignment including a release, discharge, or satisfaction of any part of it shall also be filed with the Board. The instrument, assignment, or amendment must be in writing, executed by the parties to it, and acknowledged or verified under Board regulations. When filed under this section, that document is notice to, and enforceable against, all persons. A document filed under this section does not have to be filed, deposited, registered, or recorded under another law of the United States, a State (or its political subdivisions), or territory or possession of the United States, related to filing, deposit, registration, or recordation of those documents. This section does not change chapter 313 of title 46.
(b) The Board shall maintain a system for recording each document filed under subsection (a) of this section and mark each of them with a consecutive number and the date and hour of their recordation. The Board shall maintain and keep open for public inspection an index of documents filed under that subsection. That index shall include the name and address of the principal debtors, trustees, guarantors, and other parties to those documents and may include other facts that will assist in determining the rights of the parties to those transactions.
(c) The Board may to the greatest extent practicable perform its functions under this section through contracts with private sector entities.
(d) A mortgage, lease, equipment trust agreement, conditional sales agreement, or other instrument evidencing the mortgage, lease, conditional sale, or bailment of or security interest in vessels, railroad cars, locomotives, or other rolling stock, or accessories used on such railroad cars, locomotives, or other rolling stock (including superstructures and racks), or any assignment thereof, which—
(1) is duly constituted under the laws of a country other than the United States; and
(2) relates to property that bears the reporting marks and identification numbers of any person domiciled in or corporation organized under the laws of such country,
shall be recognized with the same effect as having been filed under this section.
(e) Interests with respect to which documents are filed or recognized under this section are deemed perfected in all jurisdictions, and shall be governed by applicable State or foreign law in all matters not specifically governed by this section.
(f) The Board shall collect, maintain, and keep open for public inspection a railway equipment register consistent with the manner and format maintained by the Interstate Commerce Commission as of January 1, 1996.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 837; amended Pub. L. 104–287, §5(25), Oct. 11, 1996, 110 Stat. 3390.)
Provisions similar to those in this section were contained in section 11303 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11301, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1428; Pub. L. 103–429, §6(16), Oct. 31, 1994, 108 Stat. 4379, related to authority of certain carriers to issue securities and assume obligations and liabilities, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11302, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1430; Pub. L. 96–296, §18(a), July 1, 1980, 96 Stat. 811, provided that section 11301 of this title applied to motor carriers and corporations subject to jurisdiction of Interstate Commerce Commission under former subchapter II of chapter 105 of this title, but did not apply to corporations under a certain capitalization, and that this section did not apply to Federal, State, or local governments, prior to repeal by Pub. L. 97–261, §§19(a), 31(a), Sept. 20, 1982, 96 Stat. 1121, 1129, effective on the 60th day after Sept. 20, 1982.
Prior sections 11303 and 11304 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11303, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1430; Pub. L. 103–272, §5(m)(30), July 5, 1994, 108 Stat. 1378, related to filing and recording of mortgages, leases, equipment trusts, and other agreements with Interstate Commerce Commission. See section 11301 of this title.
Section 11304, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1431; Pub. L. 96–258, §1(12), June 3, 1980, 94 Stat. 426, related to security interests in certain motor vehicles. See section 14301 of this title.
1996—Subsec. (f). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of the ICC Termination Act of 1995”.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) The authority of the Board under this subchapter is exclusive. A rail carrier or corporation participating in or resulting from a transaction approved by or exempted by the Board under this subchapter may carry out the transaction, own and operate property, and exercise control or franchises acquired through the transaction without the approval of a State authority. A rail carrier, corporation, or person participating in that approved or exempted transaction is exempt from the antitrust laws and from all other law, including State and municipal law, as necessary to let that rail carrier, corporation, or person carry out the transaction, hold, maintain, and operate property, and exercise control or franchises acquired through the transaction. However, if a purchase and sale, a lease, or a corporate consolidation or merger is involved in the transaction, the carrier or corporation may carry out the transaction only with the assent of a majority, or the number required under applicable State law, of the votes of the holders of the capital stock of that corporation entitled to vote. The vote must occur at a regular meeting, or special meeting called for that purpose, of those stockholders and the notice of the meeting must indicate its purpose.
(b) A power granted under this subchapter to a carrier or corporation is in addition to and changes its powers under its corporate charter and under State law. Action under this subchapter does not establish or provide for establishing a corporation under the laws of the United States.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Provisions similar to those in this section were contained in section 11341 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11321, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1432, related to limitations on ownership of certain water carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not agree or combine with another of those rail carriers to pool or divide traffic or services or any part of their earnings without the approval of the Board under this section or section 11123 of this title. The Board may approve and authorize the agreement or combination if the rail carriers involved assent to the pooling or division and the Board finds that a pooling or division of traffic, services, or earnings—
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
(b) The Board may impose conditions governing the pooling or division and may approve and authorize payment of a reasonable consideration between the rail carriers.
(c) The Board may begin a proceeding under this section on its own initiative or on application.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Provisions similar to those in this section were contained in section 11342 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11322, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1433, related to restrictions on officers and directors of carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11328 of this title.
(a) The following transactions involving rail carriers providing transportation subject to the jurisdiction of the Board under this part may be carried out only with the approval and authorization of the Board:
(1) Consolidation or merger of the properties or franchises of at least 2 rail carriers into one corporation for the ownership, management, and operation of the previously separately owned properties.
(2) A purchase, lease, or contract to operate property of another rail carrier by any number of rail carriers.
(3) Acquisition of control of a rail carrier by any number of rail carriers.
(4) Acquisition of control of at least 2 rail carriers by a person that is not a rail carrier.
(5) Acquisition of control of a rail carrier by a person that is not a rail carrier but that controls any number of rail carriers.
(6) Acquisition by a rail carrier of trackage rights over, or joint ownership in or joint use of, a railroad line (and terminals incidental to it) owned or operated by another rail carrier.
(b) A person may carry out a transaction referred to in subsection (a) of this section or participate in achieving the control or management, including the power to exercise control or management, in a common interest of more than one of those rail carriers, regardless of how that result is reached, only with the approval and authorization of the Board under this subchapter. In addition to other transactions, each of the following transactions are considered achievements of control or management:
(1) A transaction by a rail carrier that has the effect of putting that rail carrier and person affiliated with it, taken together, in control of another rail carrier.
(2) A transaction by a person affiliated with a rail carrier that has the effect of putting that rail carrier and persons affiliated with it, taken together, in control of another rail carrier.
(3) A transaction by at least 2 persons acting together (one of whom is a rail carrier or is affiliated with a rail carrier) that has the effect of putting those persons and rail carriers and persons affiliated with any of them, or with any of those affiliated rail carriers, taken together, in control of another rail carrier.
(c) A person is affiliated with a rail carrier under this subchapter if, because of the relationship between that person and a rail carrier, it is reasonable to believe that the affairs of another rail carrier, control of which may be acquired by that person, will be managed in the interest of the other rail carrier.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 838.)
Provisions similar to those in this section were contained in section 11343 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11323, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1433; Pub. L. 99–521, §10(a), (b)(1), Oct. 22, 1986, 100 Stat. 2997, related to limitation on ownership of other carriers by household goods freight forwarders, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) The Board may begin a proceeding to approve and authorize a transaction referred to in section 11323 of this title on application of the person seeking that authority. When an application is filed with the Board, the Board shall notify the chief executive officer of each State in which property of the rail carriers involved in the proposed transaction is located and shall notify those rail carriers. The Board shall hold a public hearing unless the Board determines that a public hearing is not necessary in the public interest.
(b) In a proceeding under this section which involves the merger or control of at least two Class I railroads, as defined by the Board, the Board shall consider at least—
(1) the effect of the proposed transaction on the adequacy of transportation to the public;
(2) the effect on the public interest of including, or failing to include, other rail carriers in the area involved in the proposed transaction;
(3) the total fixed charges that result from the proposed transaction;
(4) the interest of rail carrier employees affected by the proposed transaction; and
(5) whether the proposed transaction would have an adverse effect on competition among rail carriers in the affected region or in the national rail system.
(c) The Board shall approve and authorize a transaction under this section when it finds the transaction is consistent with the public interest. The Board may impose conditions governing the transaction, including the divestiture of parallel tracks or requiring the granting of trackage rights and access to other facilities. Any trackage rights and related conditions imposed to alleviate anticompetitive effects of the transaction shall provide for operating terms and compensation levels to ensure that such effects are alleviated. When the transaction contemplates a guaranty or assumption of payment of dividends or of fixed charges or will result in an increase of total fixed charges, the Board may approve and authorize the transaction only if it finds that the guaranty, assumption, or increase is consistent with the public interest. The Board may require inclusion of other rail carriers located in the area involved in the transaction if they apply for inclusion and the Board finds their inclusion to be consistent with the public interest.
(d) In a proceeding under this section which does not involve the merger or control of at least two Class I railroads, as defined by the Board, the Board shall approve such an application unless it finds that—
(1) as a result of the transaction, there is likely to be substantial lessening of competition, creation of a monopoly, or restraint of trade in freight surface transportation in any region of the United States; and
(2) the anticompetitive effects of the transaction outweigh the public interest in meeting significant transportation needs.
In making such findings, the Board shall, with respect to any application that is part of a plan or proposal developed under section 333(a)–(d) of this title, accord substantial weight to any recommendations of the Attorney General.
(e) No transaction described in section 11326(b) may have the effect of avoiding a collective bargaining agreement or shifting work from a rail carrier with a collective bargaining agreement to a rail carrier without a collective bargaining agreement.
(f)(1) To the extent provided in this subsection, a proceeding under this subchapter relating to a transaction involving at least one Class I rail carrier shall not be considered an adjudication required by statute to be determined on the record after opportunity for an agency hearing, for the purposes of subchapter II of chapter 5 of title 5, United States Code.
(2) Ex parte communications, as defined in section 551(14) of title 5, United States Code, shall be permitted in proceedings described in paragraph (1) of this subsection, subject to the requirements of paragraph (3) of this subsection.
(3)(A) Any member or employee of the Board who makes or receives a written ex parte communication concerning the merits of a proceeding described in paragraph (1) shall promptly place the communication in the public docket of the proceeding.
(B) Any member or employee of the Board who makes or receives an oral ex parte communication concerning the merits of a proceeding described in paragraph (1) shall promptly place a written summary of the oral communication in the public docket of the proceeding.
(4) Nothing in this subsection shall be construed to require the Board or any of its members or employees to engage in any ex parte communication with any person. Nothing in this subsection or any other law shall be construed to limit the authority of the members or employees of the Board, in their discretion, to note in the docket or otherwise publicly the occurrence and substance of an ex parte communication.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 839.)
Provisions similar to those in this section were contained in section 11344 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) The Board shall publish notice of the application under section 11324 in the Federal Register by the end of the 30th day after the application is filed with the Board. However, if the application is incomplete, the Board shall reject it by the end of that period. The order of rejection is a final action of the Board. The published notice shall indicate whether the application involves—
(1) the merger or control of at least two Class I railroads, as defined by the Board, to be decided within the time limits specified in subsection (b) of this section;
(2) transactions of regional or national transportation significance, to be decided within the time limits specified in subsection (c) of this section; or
(3) any other transaction covered by this section, to be decided within the time limits specified in subsection (d) of this section.
(b) If the application involves the merger or control of two or more Class I railroads, as defined by the Board, the following conditions apply:
(1) Written comments about an application may be filed with the Board within 45 days after notice of the application is published under subsection (a) of this section. Copies of such comments shall be served on the Attorney General and the Secretary of Transportation, who may decide to intervene as a party to the proceeding. That decision must be made by the 15th day after the date of receipt of the written comments, and if the decision is to intervene, preliminary comments about the application must be sent to the Board by the end of the 15th day after the date of receipt of the written comments.
(2) The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 90th day after publication of notice under that subsection.
(3) The Board must conclude evidentiary proceedings by the end of 1 year after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(c) If the application involves a transaction other than the merger or control of at least two Class I railroads, as defined by the Board, which the Board has determined to be of regional or national transportation significance, the following conditions apply:
(1) Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.
(2) The Board shall require that applications inconsistent with an application, notice of which was published under subsection (a) of this section, and applications for inclusion in the transaction, be filed with it by the 60th day after publication of notice under that subsection.
(3) The Board must conclude any evidentiary proceedings by the 180th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 90th day after the date on which it concludes the evidentiary proceedings.
(d) For all applications under this section other than those specified in subsections (b) and (c) of this section, the following conditions apply:
(1) Written comments about an application, including comments of the Attorney General and the Secretary of Transportation, may be filed with the Board within 30 days after notice of the application is published under subsection (a) of this section.
(2) The Board must conclude any evidentiary proceedings by the 105th day after the date of publication of notice under subsection (a) of this section. The Board must issue a final decision by the 45th day after the date on which it concludes the evidentiary proceedings.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 841.)
Provisions similar to those in this section were contained in section 11345 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) Except as otherwise provided in this section, when approval is sought for a transaction under sections 11324 and 11325 of this title, the Board shall require the rail carrier to provide a fair arrangement at least as protective of the interests of employees who are affected by the transaction as the terms imposed under section 5(2)(f) of the Interstate Commerce Act before February 5, 1976, and the terms established under section 24706(c) 1 of this title. Notwithstanding this part, the arrangement may be made by the rail carrier and the authorized representative of its employees. The arrangement and the order approving the transaction must require that the employees of the affected rail carrier will not be in a worse position related to their employment as a result of the transaction during the 4 years following the effective date of the final action of the Board (or if an employee was employed for a lesser period of time by the rail carrier before the action became effective, for that lesser period).
(b) When approval is sought under sections 11324 and 11325 for a transaction involving one Class II and one or more Class III rail carriers, there shall be an arrangement as required under subsection (a) of this section, except that such arrangement shall be limited to one year of severance pay, which shall not exceed the amount of earnings from the railroad employment of that employee during the 12-month period immediately preceding the date on which the application for approval of such transaction is filed with the Board. The amount of such severance pay shall be reduced by the amount of earnings from railroad employment of that employee with the acquiring carrier during the 12-month period immediately following the effective date of the transaction. The parties may agree to terms other than as provided in this subsection.
(c) When approval is sought under sections 11324 and 11325 for a transaction involving only Class III rail carriers, this section shall not apply.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 842.)
Section 5(2)(f) of the Interstate Commerce Act, referred to in subsec. (a), was classified to section 5(2)(f) of former Title 49, Transportation, prior to repeal and reenactment as section 11347 of this title by Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439. Section 11347 of this title was subsequently omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 24706(c) of this title, referred to in subsec. (a), was repealed by Pub. L. 105–134, title I, §142(a), Dec. 2, 1997, 111 Stat. 2576.
Provisions similar to those in this section were contained in section 11347 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1 See References in Text note below.
When cause exists, the Board may make appropriate orders supplemental to an order made in a proceeding under sections 11322 through 11326 of this title.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 843.)
Provisions similar to those in this section were contained in section 11351 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) A person may hold the position of officer or director of more than one rail carrier only when authorized by the Board. The Board may authorize a person to hold the position of officer or director of more than one of those carriers when public or private interests will not be adversely affected.
(b) This section shall not apply to an individual holding the position of officer or director only of Class III rail carriers.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 843.)
Provisions similar to those in this section were contained in section 11322 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11341 to 11351 and 11361 to 11367 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11341, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1434; Pub. L. 97–261, §21(a), Sept. 20, 1982, 96 Stat. 1122, related to exclusive authority of Interstate Commerce Commission under former sections 11341 to 11351 of this title. See sections 11321, 14302, and 14303 of this title.
Section 11342, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1434; Pub. L. 96–296, §20, July 1, 1980, 94 Stat. 811; Pub. L. 96–454, §5(c), Oct. 15, 1980, 94 Stat. 2014, related to limitation on pooling and division of transportation or earnings. See sections 11322 and 14302 of this title.
Section 11343, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1434; Pub. L. 96–296, §18(b), July 1, 1980, 94 Stat. 811; Pub. L. 97–261, §21(b), Sept. 20, 1982, 96 Stat. 1122, related to consolidation, merger, and acquisition of control. See sections 11323 and 14303 of this title.
Section 11344, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1436; Pub. L. 96–448, title II, §228(a)–(c), Oct. 14, 1980, 94 Stat. 1931; Pub. L. 97–261, §21(f), (g), Sept. 20, 1982, 96 Stat. 1123; Pub. L. 98–216, §2(4), Feb. 14, 1984, 98 Stat. 5, related to general procedures and conditions of approval of consolidations, mergers, and acquisitions of control. See sections 11324 and 14303 of this title.
Section 11345, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1436; Pub. L. 96–448, title II, §228(d), Oct. 14, 1980, 94 Stat. 1932, related to rail carrier procedures in consolidations, mergers, and acquisitions of control. See section 11325 of this title.
Section 11345a, added Pub. L. 96–296, §27(a), July 1, 1980, 94 Stat. 819; amended Pub. L. 97–261, §21(c), (d), Sept. 20, 1982, 96 Stat. 1123, related to motor carrier procedures in consolidations, mergers, and acquisitions of control. See section 14303 of this title.
Section 11346, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1437; Pub. L. 97–449, §5(g)(7), Jan. 12, 1983, 96 Stat. 2443, related to expedited rail carrier procedures in consolidations, mergers, and acquisitions of control.
Section 11347, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439; Pub. L. 98–216, §2(16), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(31), July 5, 1994, 108 Stat. 1378, related to employee protective arrangements in transactions involving rail carriers. See section 11326 of this title.
Section 11348, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439; Pub. L. 96–454, §8(b)(1), Oct. 15, 1980, 94 Stat. 2021; Pub. L. 97–261, §19(b), Sept. 20, 1982, 96 Stat. 1121; Pub. L. 97–449, §5(g)(8), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–554, title II, §227(a)(3), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–272, §5(m)(32), July 5, 1994, 108 Stat. 1378; Pub. L. 103–429, §6(17), Oct. 31, 1994, 108 Stat. 4379, related to Interstate Commerce Commission authority over noncarriers that acquire control of carriers. See section 14303 of this title.
Section 11349, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1439, related to temporary operating approval for transactions involving motor and water carriers. See section 14303 of this title.
Section 11350, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1440, related to responsibility of Secretary of Transportation in certain transactions.
Section 11351, added Pub. L. 96–258, §1(13)(A), June 3, 1980, 94 Stat. 427, related to orders by Interstate Commerce Commission supplemental to orders made in proceedings under former sections 11342 to 11345 and 11347 of this title. See sections 11327 and 14303 of this title.
Section 11361, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1441; Pub. L. 97–449, §5(g)(9), Jan. 12, 1983, 96 Stat. 2443; Pub. L. 98–216, §2(17), Feb. 14, 1984, 98 Stat. 5, related to exclusive authority of Interstate Commerce Commission over financial structure of carriers.
Section 11362, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1441, related to criteria for approval and authority to make changes in carrier financial structure.
Section 11363, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1442, related to assent of holders of securities and certain other instruments to changes in carrier financial structure.
Section 11364, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1443, related to procedure for obtaining assents of security holders to changes in financial structure.
Section 11365, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1443, related to effect of change in financial structure of carrier on other persons.
Section 11366, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1443, related to reports by carriers making change in financial structure.
Section 11367, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1444; Pub. L. 98–216, §2(18), (19), Feb. 14, 1984, 98 Stat. 5, related to application of certain other laws to proposed changes in financial structure of carriers.
(a) In this section—
(1) the term “assessment” means valuation for a property tax levied by a taxing district;
(2) the term “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation;
(3) the term “rail transportation property” means property, as defined by the Board, owned or used by a rail carrier providing transportation subject to the jurisdiction of the Board under this part; and
(4) the term “commercial and industrial property” means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy.
(b) The following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, or authority acting for a State or subdivision of a State may not do any of them:
(1) Assess rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property.
(2) Levy or collect a tax on an assessment that may not be made under paragraph (1) of this subsection.
(3) Levy or collect an ad valorem property tax on rail transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction.
(4) Impose another tax that discriminates against a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(c) Notwithstanding section 1341 of title 28 and without regard to the amount in controversy or citizenship of the parties, a district court of the United States has jurisdiction, concurrent with other jurisdiction of courts of the United States and the States, to prevent a violation of subsection (b) of this section. Relief may be granted under this subsection only if the ratio of assessed value to true market value of rail transportation property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. The burden of proof in determining assessed value and true market value is governed by State law. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the district court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), the court shall find, as a violation of this section—
(1) an assessment of the rail transportation property at a value that has a higher ratio to the true market value of the rail transportation property than the assessed value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all other commercial and industrial property; and
(2) the collection of an ad valorem property tax on the rail transportation property at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 843.)
Provisions similar to those in this section were contained in section 11503 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11501, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1444; Pub. L. 96–448, title II, §214(a)–(c)(1), Oct. 14, 1980, 94 Stat. 1913, 1915; Pub. L. 97–261, §17(a), Sept. 20, 1982, 96 Stat. 1117; Pub. L. 99–521, §11(a), Oct. 22, 1986, 100 Stat. 2997; Pub. L. 103–272, §4(j)(34), July 5, 1994, 108 Stat. 1370; Pub. L. 103–305, title VI, §601(c), Aug. 23, 1994, 108 Stat. 1606; Pub. L. 103–311, title II, §211(b)(2), Aug. 26, 1994, 108 Stat. 1689, related to Interstate Commerce Commission authority over intrastate transportation, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14501 of this title.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) No part of the compensation paid by a rail carrier providing transportation subject to the jurisdiction of the Board under this part to an employee who performs regularly assigned duties as such an employee on a railroad in more than one State shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee's residence.
(b) A rail carrier withholding pay from an employee under subsection (a) of this section shall file income tax information returns and other reports only with the State and subdivision of residence of the employee.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 844.)
Provisions similar to those in this section were contained in section 11504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11502 to 11507 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1445, related to conferences and joint hearings with State authorities.
Section 11503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1445, related to tax discrimination against rail transportation property. See section 11501 of this title.
Section 11503a, added Pub. L. 96–296, §31(a)(1), July 1, 1980, 94 Stat. 823; amended Pub. L. 97–261, §20, Sept. 20, 1982, 96 Stat. 1122, related to tax discrimination against motor carrier transportation property. See section 14502 of this title.
Section 11504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1446; Pub. L. 97–261, §29(d), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 101–322, §7, July 6, 1990, 104 Stat. 296; Pub. L. 103–272, §5(m)(33), July 5, 1994, 108 Stat. 1378, related to withholding State and local income tax by certain carriers. See sections 11502 and 14503 of this title.
Section 11505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448; Pub. L. 99–521, §11(b), Oct. 22, 1986, 100 Stat. 2998, related to State action to enjoin rail carriers from certain actions.
Section 11506, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448; Pub. L. 102–240, title IV, §4005, Dec. 18, 1991, 105 Stat. 2146, related to registration of motor carriers by a State.
Section 11507, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 98–473, title II, §233, Oct. 12, 1984, 98 Stat. 2031, related to prison-made property governed by State law.
(a) Except as otherwise provided in this part, the Board may begin an investigation under this part only on complaint. If the Board finds that a rail carrier is violating this part, the Board shall take appropriate action to compel compliance with this part.
(b) A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part. The complaint must state the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a rail carrier providing transportation subject to the jurisdiction of the Board under this part because of the absence of direct damage to the complainant.
(c) A formal investigative proceeding begun by the Board under subsection (a) of this section is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the third year after the date on which it was begun.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 845.)
A prior section 11701, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 96–296, §26(a), July 1, 1980, 94 Stat. 818; Pub. L. 98–554, title II, §226(c)(4), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 99–521, §12(a), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, §9111(i), Nov. 18, 1988, 102 Stat. 4534; Pub. L. 103–272, §5(m)(34), July 5, 1994, 108 Stat. 1378, related to general authority of Interstate Commerce Commission to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11701, 14701, and 15901 of this title.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
The Board may bring a civil action—
(1) to enjoin a rail carrier from violating sections 10901 through 10906 of this title, or a regulation prescribed or order or certificate issued under any of those sections;
(2) to enforce subchapter II of chapter 113 of this title and to compel compliance with an order of the Board under that subchapter; and
(3) to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 845.)
A prior section 11702, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450; Pub. L. 96–296, §§15(c), 16(c), July 1, 1980, 94 Stat. 809, 810; Pub. L. 97–261, §25(e), Sept. 20, 1982, 96 Stat. 1125; Pub. L. 98–554, title II, §226(c)(5), Oct. 30, 1984, 98 Stat. 2851; Pub. L. 100–690, title IX, §9111(j), Nov. 18, 1988, 102 Stat. 4534, related to authority of Interstate Commerce Commission to bring a civil action to enforce various provisions of this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11702, 14702, and 15902 of this title.
(a) The Attorney General may, and on request of the Board shall, bring court proceedings to enforce this part, or a regulation or order of the Board or certificate issued under this part, and to prosecute a person violating this part or a regulation or order of the Board or certificate issued under this part.
(b) The United States Government may bring a civil action on behalf of a person to compel a rail carrier providing transportation subject to the jurisdiction of the Board under this part to provide that transportation to that person in compliance with this part at the same rate charged, or on conditions as favorable as those given by the rail carrier, for like traffic under similar conditions to another person.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 845.)
A prior section 11703, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1450, related to authority of Attorney General and United States Government to bring civil actions to enforce this subtitle, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11703, 14703, and 15903 of this title.
(a) A person injured because a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part does not obey an order of the Board, except an order for the payment of money, may bring a civil action in a United States District Court to enforce that order under this subsection.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable for damages sustained by a person as a result of an act or omission of that carrier in violation of this part. A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable to a person for amounts charged that exceed the applicable rate for the transportation.
(c)(1) A person may file a complaint with the Board under section 11701(b) of this title or bring a civil action under subsection (b) of this section to enforce liability against a rail carrier providing transportation subject to the jurisdiction of the Board under this part.
(2) When the Board makes an award under subsection (b) of this section, the Board shall order the rail carrier to pay the amount awarded by a specific date. The Board may order a rail carrier providing transportation subject to the jurisdiction of the Board under this part to pay damages only when the proceeding is on complaint. The person for whose benefit an order of the Board requiring the payment of money is made may bring a civil action to enforce that order under this paragraph if the rail carrier does not pay the amount awarded by the date payment was ordered to be made.
(d)(1) When a person begins a civil action under subsection (b) of this section to enforce an order of the Board requiring the payment of damages by a rail carrier providing transportation subject to the jurisdiction of the Board under this part, the text of the order of the Board must be included in the complaint. In addition to the district courts of the United States, a State court of general jurisdiction having jurisdiction of the parties has jurisdiction to enforce an order under this paragraph. The findings and order of the Board are competent evidence of the facts stated in them. Trial in a civil action brought in a district court of the United States under this paragraph is in the judicial district—
(A) in which the plaintiff resides;
(B) in which the principal operating office of the rail carrier is located; or
(C) through which the railroad line of that carrier runs.
In a civil action under this paragraph, the plaintiff is liable for only those costs that accrue on an appeal taken by the plaintiff.
(2) All parties in whose favor the award was made may be joined as plaintiffs in a civil action brought in a district court of the United States under this subsection and all the rail carriers that are parties to the order awarding damages may be joined as defendants. Trial in the action is in the judicial district in which any one of the plaintiffs could bring the action against any one of the defendants. Process may be served on a defendant at its principal operating office when that defendant is not in the district in which the action is brought. A judgment ordering recovery may be made in favor of any of those plaintiffs against the defendant found to be liable to that plaintiff.
(3) The district court shall award a reasonable attorney's fee as a part of the damages for which a rail carrier is found liable under this subsection. The district court shall tax and collect that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 846.)
Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11704, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451, related to actions by private persons to enjoin abandonment of service, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part must begin a civil action to recover charges for transportation or service provided by the carrier within 3 years after the claim accrues.
(b) A person must begin a civil action to recover overcharges under section 11704(b) of this title within 3 years after the claim accrues, whether or not a complaint is filed under section 11704(c)(1).
(c) A person must file a complaint with the Board to recover damages under section 11704(b) of this title within 2 years after the claim accrues.
(d) The limitation period under subsection (b) of this section is extended for 6 months from the time written notice is given to the claimant by the rail carrier of disallowance of any part of the claim specified in the notice if a written claim is given to the rail carrier within that limitation period. The limitation periods under subsections (b) and (c) of this section are extended for 90 days from the time the rail carrier begins a civil action under subsection (a) of this section to recover charges related to the same transportation or service, or collects (without beginning a civil action under that subsection) the charge for that transportation or service if that action is begun or collection is made within the appropriate period.
(e) A person must begin a civil action to enforce an order of the Board against a rail carrier for the payment of money within one year after the date the order required the money to be paid.
(f) This section applies to transportation for the United States Government. The time limitations under this section are extended, as related to transportation for or on behalf of the United States Government, for 3 years from the date of—
(1) payment of the rate for the transportation or service involved;
(2) subsequent refund for overpayment of that rate; or
(3) deduction made under section 3726 of title 31, whichever is later.
(g) A claim related to a shipment of property accrues under this section on delivery or tender of delivery by the rail carrier.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 847.)
Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11705, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1451; Pub. L. 99–521, §12(b), Oct. 22, 1986, 100 Stat. 2998, related to rights and remedies of persons injured by certain carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11704, 14704, and 15904 of this title.
(a) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part shall issue a receipt or bill of lading for property it receives for transportation under this part. That rail carrier and any other carrier that delivers the property and is providing transportation or service subject to the jurisdiction of the Board under this part are liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by—
(1) the receiving rail carrier;
(2) the delivering rail carrier; or
(3) another rail carrier over whose line or route the property is transported in the United States or from a place in the United States to a place in an adjacent foreign country when transported under a through bill of lading.
Failure to issue a receipt or bill of lading does not affect the liability of a rail carrier. A delivering rail carrier is deemed to be the rail carrier performing the line-haul transportation nearest the destination but does not include a rail carrier providing only a switching service at the destination.
(b) The rail carrier issuing the receipt or bill of lading under subsection (a) of this section or delivering the property for which the receipt or bill of lading was issued is entitled to recover from the rail carrier over whose line or route the loss or injury occurred the amount required to be paid to the owners of the property, as evidenced by a receipt, judgment, or transcript, and the amount of its expenses reasonably incurred in defending a civil action brought by that person.
(c)(1) A rail carrier may not limit or be exempt from liability imposed under subsection (a) of this section except as provided in this subsection. A limitation of liability or of the amount of recovery or representation or agreement in a receipt, bill of lading, contract, or rule in violation of this section is void.
(2) A rail carrier of passengers may limit its liability under its passenger rate for loss or injury of baggage carried on trains carrying passengers.
(3) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may establish rates for transportation of property under which—
(A) the liability of the rail carrier for such property is limited to a value established by written declaration of the shipper or by a written agreement between the shipper and the carrier; or
(B) specified amounts are deducted, pursuant to a written agreement between the shipper and the carrier, from any claim against the carrier with respect to the transportation of such property.
(d)(1) A civil action under this section may be brought in a district court of the United States or in a State court.
(2)(A) A civil action under this section may only be brought—
(i) against the originating rail carrier, in the judicial district in which the point of origin is located;
(ii) against the delivering rail carrier, in the judicial district in which the principal place of business of the person bringing the action is located if the delivering carrier operates a railroad or a route through such judicial district, or in the judicial district in which the point of destination is located; and
(iii) against the carrier alleged to have caused the loss or damage, in the judicial district in which such loss or damage is alleged to have occurred.
(B) In this section, “judicial district” means (i) in the case of a United States district court, a judicial district of the United States, and (ii) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e) A rail carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice. For the purposes of this subsection—
(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 847.)
Provisions similar to those in this section were contained in section 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11706, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1452; Pub. L. 97–258, §3(n), Sept. 13, 1982, 96 Stat. 1066; Pub. L. 99–521, §12(c), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 103–180, §3, Dec. 3, 1993, 107 Stat. 2049; Pub. L. 103–429, §6(18), Oct. 31, 1994, 108 Stat. 4379, related to limitation on actions by and against common carriers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11705, 14705, and 15905 of this title.
(a)(1) When a rail carrier providing transportation subject to the jurisdiction of the Board under this part diverts or delivers property to another rail carrier in violation of routing instructions in the bill of lading, both of those rail carriers are jointly and severally liable to the rail carrier that was deprived of its right to participate in hauling that property for the total amount of the rate it would have received if it participated in hauling the property.
(2) A rail carrier is not liable under paragraph (1) of this subsection when it diverts or delivers property in compliance with an order or regulation of the Board.
(3) A rail carrier to whom property is transported is not liable under this subsection if it shows that it had no notice of the routing instructions before transporting the property. The burden of proving lack of notice is on that rail carrier.
(b) The court shall award a reasonable attorney's fee to the plaintiff in a judgment against the defendant rail carrier under subsection (a) of this section. The court shall tax and collect that fee as a part of the costs of the action.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 849.)
Provisions similar to those in this section were contained in section 11710 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11707 to 11712 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11707, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1453; Pub. L. 96–258, §1(14), June 3, 1980, 94 Stat. 427; Pub. L. 96–296, §26(b), July 1, 1980, 94 Stat. 818; Pub. L. 96–448, title II, §211(c), Oct. 14, 1980, 94 Stat. 1911; Pub. L. 99–521, §12(d), Oct. 22, 1986, 100 Stat. 2998; Pub. L. 100–690, title IX, §9114, Nov. 18, 1988, 102 Stat. 4535, related to liability of common carriers under receipts and bills of lading. See sections 11706, 14706, and 15906 of this title.
Section 11708, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454; Pub. L. 99–521, §12(e)(1), (2), Oct. 22, 1986, 100 Stat. 2998, related to private enforcement of motor carrier and household goods freight forwarder licensing requirements. See section 14707 of this title.
Section 11709, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1454, related to liability for issuance of securities by certain carriers.
Section 11710, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455, related to liability when property is delivered in violation of routing instructions. See section 11707 of this title.
Section 11711, added Pub. L. 96–454, §7(a)(1), Oct. 15, 1980, 94 Stat. 2016; amended Pub. L. 97–261, §6(d)(2), Sept. 20, 1982, 96 Stat. 1107, related to dispute settlement program for household goods carriers. See section 14708 of this title.
Section 11712, added Pub. L. 103–180, §4(a), Dec. 3, 1993, 107 Stat. 2049, related to tariff reconciliation rules for motor common carriers of property. See section 14709 of this title.
(a) Except as otherwise provided in this section, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, an officer or agent of that rail carrier, or a receiver, trustee, lessee, or agent of one of them, knowingly violating this part or an order of the Board under this part is liable to the United States Government for a civil penalty of not more than $5,000 for each violation. Liability under this subsection is incurred for each distinct violation. A separate violation occurs for each day the violation continues.
(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, or a receiver or trustee of that rail carrier, violating a regulation or order of the Board under section 11124(a)(2) or (b) of this title is liable to the United States Government for a civil penalty of $500 for each violation and for $25 for each day the violation continues.
(c) A person knowingly authorizing, consenting to, or permitting a violation of sections 10901 through 10906 of this title or of a requirement or a regulation under any of those sections, is liable to the United States Government for a civil penalty of not more than $5,000.
(d) A rail carrier, receiver, or operating trustee violating an order or direction of the Board under section 11123 or 11124(a)(1) of this title is liable to the United States Government for a civil penalty of at least $100 but not more than $500 for each violation and for $50 for each day the violation continues.
(e)(1) A person required under subchapter III of chapter 111 of this title to make, prepare, preserve, or submit to the Board a record concerning transportation subject to the jurisdiction of the Board under this part that does not make, prepare, preserve, or submit that record as required under that subchapter, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, and a lessor, receiver, or trustee of that rail carrier, violating section 11144(b)(1) of this title, is liable to the United States Government for a civil penalty of $100 for each violation.
(3) A rail carrier providing transportation subject to the jurisdiction of the Board under this part, a lessor, receiver, or trustee of that rail carrier, a person furnishing cars, and an officer, agent, or employee of one of them, required to make a report to the Board or answer a question that does not make the report or does not specifically, completely, and truthfully answer the question, is liable to the United States Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(f) Trial in a civil action under subsections (a) through (e) of this section is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 849.)
A prior section 11901, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1455; Pub. L. 96–454, §8(a), Oct. 15, 1980, 94 Stat. 2019; Pub. L. 96–510, title III, §306(c), Dec. 11, 1980, 94 Stat. 2810; Pub. L. 97–261, §23, Sept. 20, 1982, 96 Stat. 1124; Pub. L. 98–554, title II, §§226(c)(6), 227(a)(1), Oct. 30, 1984, 98 Stat. 2852; Pub. L. 103–180, §§6(b), 7(c), Dec. 3, 1993, 107 Stat. 2051, 2052, related to general civil penalties, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See sections 11901, 14901, and 16101 of this title.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a) A person that offers or gives anything of value to another person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part intending to influence an action of that other person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property, or because of the action of that other person, shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(b) A person acting for or employed by a rail carrier providing transportation subject to the jurisdiction of the Board under this part that solicits, accepts, or receives anything of value—
(1) intending to be influenced by it in an action of that person related to supply, distribution, or movement of cars, vehicles, or vessels used in the transportation of property; or
(2) because of the action of that person,
shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 850.)
Provisions similar to those in this section were contained in section 11907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Prior sections 11902 and 11902a were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11902, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to civil penalties for accepting rebates from common carriers. See section 14902 of this title.
Section 11902a, added Pub. L. 96–296, §15(b)(1), July 1, 1980, 94 Stat. 809, related to penalties for violations of rules relating to loading and unloading motor vehicles. See section 14905 of this title.
A person required to make a report to the Board, or make, prepare, or preserve a record, under subchapter III of chapter 111 of this title about transportation subject to the jurisdiction of the Board under this part that knowingly and willfully—
(1) makes a false entry in the report or record;
(2) destroys, mutilates, changes, or by another means falsifies the record;
(3) does not enter business related facts and transactions in the record;
(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board; or
(5) files a false report or record with the Board,
shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 851.)
Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11903, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457, related to rate, discrimination, and tariff violations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14903 of this title.
(a) A—
(1) rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or
(2) person who solicits or knowingly receives,
information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000.
(b) The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under section 10709 of this title, that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee.
(c) This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(d) An employee of the Board delegated to make an inspection or examination under section 11144 of this title who knowingly discloses information acquired during that inspection or examination, except as directed by the Board, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(e) A person that knowingly discloses confidential data made available to such person under section 11163 of this title by a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall be fined not more than $50,000.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 851; amended Pub. L. 105–102, §2(6), Nov. 20, 1997, 111 Stat. 2204.)
This amends 49:11904(a)(2) to correct a grammatical error.
Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99–521, §13(a), Oct. 22, 1986, 100 Stat. 2998, related to additional rate and discrimination violations, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14904 of this title.
1997—Subsec. (a)(2). Pub. L. 105–102 struck out “a” before “person”.
A person not obeying a subpoena or requirement of the Board to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852.)
Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11905, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459; Pub. L. 97–261, §29(e), Sept. 20, 1982, 96 Stat. 1128, related to transportation of passengers without charge, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
When another criminal penalty is not provided under this chapter, a rail carrier providing transportation subject to the jurisdiction of the Board under this part, and when that rail carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined not more than $5,000. The person may be imprisoned for not more than 2 years in addition to being fined under this section. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852; amended Pub. L. 105–102, §2(7), Nov. 20, 1997, 111 Stat. 2204.)
This amends 49:11906 to correct an erroneous cross-reference.
Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459, related to evasion of regulation of motor carriers and brokers, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 14906 of this title.
1997—Pub. L. 105–102 substituted “violation of this part” for “violation of this title”.
An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a rail carrier providing transportation or service subject to the jurisdiction of the Board under this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that rail carrier are considered to be the actions and omissions of that rail carrier as well as that individual.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852.)
Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A prior section 11907, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459, related to interference with railroad car supply, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a). See section 11902 of this title.
Notwithstanding section 3571 of title 18, United States Code, the criminal penalties provided for in this chapter are the exclusive criminal penalties for violations of this part.
(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 852.)
Prior sections 11908 to 11917 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section 11908, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1459; Pub. L. 99–521, §13(b)(1), (2), Oct. 22, 1986, 100 Stat. 2998, 2999, related to penalty for abandonment of service by household goods freight forwarders.
Section 11909, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1460; Pub. L. 96–258, §1(15), June 3, 1980, 94 Stat. 427; Pub. L. 97–424, title IV, §427(a), Jan. 6, 1983, 96 Stat. 2168; Pub. L. 98–216, §2(20), Feb. 14, 1984, 98 Stat. 6; Pub. L. 99–521, §13(c), Oct. 22, 1986, 100 Stat. 2999; Pub. L. 103–180, §6(c), Dec. 3, 1993, 107 Stat. 2051; Pub. L. 103–272, §4(j)(35), July 5, 1994, 108 Stat. 1370, related to penalties for record keeping and reporting violations. See sections 11903, 14907, and 16102 of this title.
Section 11910, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1461; Pub. L. 96–448, title III, §303(b), Oct. 14, 1980, 94 Stat. 1938; Pub. L. 99–521, §13(d), Oct. 22, 1986, 100 Stat. 2999, related to penalties for unlawful disclosure of information. See sections 11904, 14908, and 16103 of this title.
Section 11911, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1462; Pub. L. 97–261, §19(c), Sept. 20, 1982, 96 Stat. 1121, related to penalties for violations involving issuance of securities, disposition of funds, and restrictions on ownership.
Section 11912, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1462; Pub. L. 96–258, §1(13)(C), June 3, 1980, 94 Stat. 427, related to penalties for violations by persons, not carriers, involving consolidations, mergers, and acquisitions of control.
Section 11913, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1463, related to penalty for disobedience to subpenas. See sections 11905, 14909, and 16104 of this title.
Section 11913a, added Pub. L. 96–448, title III, §303(a)(1), Oct. 14, 1980, 94 Stat. 1938, related to penalty for accounting principles violations.
Section 11914, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1463; Pub. L. 96–258, §1(16), June 3, 1980, 94 Stat. 427; Pub. L. 97–424, title IV, §427(b), Jan. 6, 1983, 96 Stat. 2168; Pub. L. 98–216, §2(20), Feb. 14, 1984, 98 Stat. 6; Pub. L. 98–554, title II, §226(c)(7), Oct. 30, 1984, 98 Stat. 2852, related to general criminal penalty when specific penalty not provided. See sections 11906, 14910, and 16105 of this title.
Section 11915, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1464, related to punishment of corporation for violations committed by certain individuals. See sections 11907, 14911, and 16106 of this title.
Section 11916, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1464, related to conclusiveness of rates in certain prosecutions. See section 14913 of this title.
Section 11917, added Pub. L. 96–454, §9(a), Oct. 15, 1980, 94 Stat. 2021, related to weight-bumping in household goods transportation. See section 14912 of this title.
1996—Pub. L. 104–287, §5(26)(A), Oct. 11, 1996, 110 Stat. 3390, made technical amendment to part heading.
1996—Pub. L. 104–287, §5(26)(B), Oct. 11, 1996, 110 Stat. 3390, made technical amendment to heading.
(a)
(1) in overseeing those modes—
(A) to recognize and preserve the inherent advantage of each mode of transportation;
(B) to promote safe, adequate, economical, and efficient transportation;
(C) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(D) to encourage the establishment and maintenance of reasonable rates for transportation, without unreasonable discrimination or unfair or destructive competitive practices;
(E) to cooperate with each State and the officials of each State on transportation matters; and
(F) to encourage fair wages and working conditions in the transportation industry;
(2) in overseeing transportation by motor carrier, to promote competitive and efficient transportation services in order to—
(A) encourage fair competition, and reasonable rates for transportation by motor carriers of property;
(B) promote efficiency in the motor carrier transportation system and to require fair and expeditious decisions when required;
(C) meet the needs of shippers, receivers, passengers, and consumers;
(D) allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public;
(E) allow the most productive use of equipment and energy resources;
(F) enable efficient and well-managed carriers to earn adequate profits, attract capital, and maintain fair wages and working conditions;
(G) provide and maintain service to small communities and small shippers and intrastate bus services;
(H) provide and maintain commuter bus operations;
(I) improve and maintain a sound, safe, and competitive privately owned motor carrier system;
(J) promote greater participation by minorities in the motor carrier system;
(K) promote intermodal transportation;
(3) in overseeing transportation by motor carrier of passengers—
(A) to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part;
(B) to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part; and
(C) to ensure that Federal reform initiatives enacted by section 31138 and the Bus Regulatory Reform Act of 1982 are not nullified by State regulatory actions; and
(4) in overseeing transportation by water carrier, to encourage and promote service and price competition in the noncontiguous domestic trade.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 853.)
The Bus Regulatory Reform Act of 1982, referred to in subsec. (a)(3)(C), is Pub. L. 97–261, Sept. 20, 1982, 96 Stat. 1102. For complete classification of this Act to the Code, see Short Title of 1982 Amendment note set out under section 10101 of this title and Tables.
Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
In this part, the following definitions shall apply:
(1)
(2)
(3)
(4)
(A) for transportation provided before January 1, 1996, service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995; and
(B) for transportation provided after December 31, 1995, service provided under an agreement entered into under section 14101(b).
(5)
(A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or
(B) any other means.
(6)
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)).
(7)
(A)(i) that is domiciled in a contiguous foreign country; or
(ii) that is owned or controlled by persons of a contiguous foreign country; and
(B) in the case of a person that is not a motor private carrier, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)).
(8)
(A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C) uses for any part of the transportation a carrier subject to jurisdiction under this subtitle.
The term does not include a person using transportation of an air carrier subject to part A of subtitle VII.
(9)
(10)
(A) arranged and paid for by the householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or
(B) arranged and paid for by another party.
(11)
(12)
(A)
(i) Binding and nonbinding estimates.
(ii) Inventorying.
(iii) Protective packing and unpacking of individual items at personal residences.
(iv) Loading and unloading at personal residences.
(B)
(C)
(13)
(A) is the shipper, consignor, or consignee of a household goods shipment;
(B) is identified as the shipper, consignor, or consignee on the face of the bill of lading;
(C) owns the goods being transported; and
(D) pays his or her own tariff transportation charges.
(14)
(15)
(A) the transportation is as provided in section 13501 of this title;
(B) the person is the owner, lessee, or bailee of the property being transported; and
(C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(A) is licensed as a taxicab by a State or a local jurisdiction; or
(B) is offered by a person that—
(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from airports.
(23)
(A) a motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property.
(24)
(25)
(26)
(27)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 854; amended Pub. L. 104–287, §5(27), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 106–159, title II, §209(a), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 107–298, §3(a), Nov. 26, 2002, 116 Stat. 2343; Pub. L. 109–59, title IV, §§4142(a), 4202(b), Aug. 10, 2005, 119 Stat. 1747, 1751; Pub. L. 110–244, title III, §305(c), June 6, 2008, 122 Stat. 1620; Pub. L. 110–291, §3, July 30, 2008, 122 Stat. 2915.)
This amends 49:13102(4)(A) by setting out the effective date of the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 803) and the day before that date.
This amends 49:13102(4)(B) for clarity and consistency.
Section 10923, referred to in par. (4)(A), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
The date of enactment of the Household Goods Mover Oversight Enforcement and Reform Act of 2005, referred to in par. (12)(B), is the date of enactment of subtitle B of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Pars. (6)(B), (7)(B), (14), (15). Pub. L. 110–244 substituted “motor vehicle” for “commercial motor vehicle (as defined in section 31132)”.
Par. (27). Pub. L. 110–291 added par. (27).
2005—Pars. (6)(B), (7)(B). Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”.
Par. (12). Pub. L. 109–59, §4202(b), added par. (12). Former par. (12) redesignated (14).
Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle”.
Par. (13). Pub. L. 109–59, §4202(b), added par. (13). Former par. (13) redesignated (15).
Pub. L. 109–59, §4142(a), substituted “commercial motor vehicle (as defined in section 31132)” for “motor vehicle” in introductory provisions.
Pars. (14) to (26). Pub. L. 109–59, §4202(b), redesignated pars. (12) to (24) as (14) to (26), respectively.
2002—Pars. (17) to (24). Pub. L. 107–298 added pars. (17) and (20) and redesignated former pars. (17), (18), (19), (20), (21), and (22) as pars. (18), (19), (21), (22), (23), and (24), respectively.
1999—Par. (10)(A). Pub. L. 106–159 substituted “, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder;” for “, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling,”.
1996—Par. (4)(A). Pub. L. 104–287, §5(27)(A), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before the effective date of this section”.
Par. (4)(B). Pub. L. 104–287, §5(27)(B), substituted “after December 31, 1995” for “on or after such date”.
Pub. L. 109–59, title IV, §4202(c), Aug. 10, 2005, 119 Stat. 1752, provided that: “The provisions of title 49, United States Code, and this subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] (including any amendments made by this subtitle), that relate to the transportation of household goods apply only to a household goods motor carrier (as defined in section 13102 of title 49, United States Code).”
Pub. L. 109–59, title IV, §4202(a), Aug. 10, 2005, 119 Stat. 1751, provided that: “In this subtitle [subtitle B (§§4201–4216) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title], the terms ‘carrier’, ‘household goods’, ‘motor carrier’, ‘Secretary’, and ‘transportation’ have the meaning given to such terms in section 13102 of title 49, United States Code.”
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 856.)
Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(c)
(1)
(2)
(d)
(1)
(2)
(3)
(4)
(5)
(6)
(e)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 856.)
Provisions similar to those in this section were contained in section 10321 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Under regulations of the Secretary, reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this part related to transportation subject to jurisdiction under subchapter I of chapter 135 shall be given to interested persons.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 858.)
Provisions similar to those in this section were contained in section 10328 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 858.)
Provisions similar to those in this section were contained in section 10329 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 858.)
Provisions similar to those in this section were contained in section 10330 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 859.)
Provisions similar to those in this section were contained in section 10521 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
To the extent that transportation by a motor carrier between a place in Alaska and a place in another State under section 13501 is provided in a foreign country—
(1) neither the Secretary nor the Board has jurisdiction to impose a requirement over conduct of the motor carrier in the foreign country conflicting with a requirement of that country; but
(2) the motor carrier, as a condition of providing transportation in the United States, shall comply, with respect to all transportation provided between Alaska and the other State, with the requirements of this part related to rates and practices applicable to the transportation.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 859.)
Provisions similar to those in this section were contained in section 10522 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(A) is a transfer, collection, or delivery;
(B) is provided by—
(i) a rail carrier subject to jurisdiction under chapter 105;
(ii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iii) a freight forwarder subject to jurisdiction under subchapter III of this chapter; and
(C) is incidental to transportation or service provided by the carrier or freight forwarder that is subject to jurisdiction under chapter 105 of this title or under subchapter II or III of this chapter.
(2)
(b)
(1)
(A) is a transfer, collection, or delivery; and
(B) is provided by a person as an agent or under other arrangement for—
(i) a rail carrier subject to jurisdiction under chapter 105 of this title;
(ii) a motor carrier subject to jurisdiction under this subchapter;
(iii) a water carrier subject to jurisdiction under subchapter II of this chapter; or
(iv) a freight forwarder subject to jurisdiction under subchapter III of this chapter.
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 860.)
Provisions similar to those in this section were contained in section 10523 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Neither the Secretary nor the Board has jurisdiction under this subchapter over transportation, except transportation of household goods, by a motor carrier operating solely within the State of Hawaii. The State of Hawaii may regulate transportation exempt from jurisdiction under this section and, to the extent provided by a motor carrier operating solely within the State of Hawaii, transportation exempt under section 13503 of this title.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 860.)
Provisions similar to those in this section were contained in section 10525 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) the property is transported by a person engaged in a business other than transportation; and
(2) the transportation is within the scope of, and furthers a primary business (other than transportation) of the person.
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 861.)
Provisions similar to those in this section were contained in section 10524 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) a motor vehicle transporting only school children and teachers to or from school;
(2) a motor vehicle providing taxicab service;
(3) a motor vehicle owned or operated by or for a hotel and only transporting hotel patrons between the hotel and the local station of a carrier;
(4) a motor vehicle controlled and operated by a farmer and transporting—
(A) the farmer's agricultural or horticultural commodities and products; or
(B) supplies to the farm of the farmer;
(5) a motor vehicle controlled and operated by a cooperative association (as defined by section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))) or by a federation of cooperative associations if the federation has no greater power or purposes than a cooperative association, except that if the cooperative association or federation provides transportation for compensation between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State—
(A) for a nonmember that is not a farmer, cooperative association, federation, or the United States Government, the transportation (except for transportation otherwise exempt under this subchapter)—
(i) shall be limited to transportation incidental to the primary transportation operation of the cooperative association or federation and necessary for its effective performance; and
(ii) may not exceed in each fiscal year 25 percent of the total transportation of the cooperative association or federation between those places, measured by tonnage; and
(B) the transportation for all nonmembers may not exceed in each fiscal year, measured by tonnage, the total transportation between those places for the cooperative association or federation and its members during that fiscal year;
(6) transportation by motor vehicle of—
(A) ordinary livestock;
(B) agricultural or horticultural commodities (other than manufactured products thereof);
(C) commodities listed as exempt in the Commodity List incorporated in ruling numbered 107, March 19, 1958, Bureau of Motor Carriers, Interstate Commerce Commission, other than frozen fruits, frozen berries, frozen vegetables, cocoa beans, coffee beans, tea, bananas, or hemp, or wool imported from a foreign country, wool tops and noils, or wool waste (carded, spun, woven, or knitted);
(D) cooked or uncooked fish, whether breaded or not, or frozen or fresh shellfish, or byproducts thereof not intended for human consumption, other than fish or shellfish that have been treated for preserving, such as canned, smoked, pickled, spiced, corned, or kippered products; and
(E) livestock and poultry feed and agricultural seeds and plants, if such products (excluding products otherwise exempt under this paragraph) are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production;
(7) a motor vehicle used only to distribute newspapers;
(8)(A) transportation of passengers by motor vehicle incidental to transportation by aircraft;
(B) transportation of property (including baggage) by motor vehicle as part of a continuous movement which, prior or subsequent to such part of the continuous movement, has been or will be transported by an air carrier or (to the extent so agreed by the United States and approved by the Secretary) by a foreign air carrier; or
(C) transportation of property by motor vehicle in lieu of transportation by aircraft because of adverse weather conditions or mechanical failure of the aircraft or other causes due to circumstances beyond the control of the carrier or shipper;
(9) the operation of a motor vehicle in a national park or national monument;
(10) a motor vehicle carrying not more than 15 individuals in a single, daily roundtrip to commute to and from work;
(11) transportation of used pallets and used empty shipping containers (including intermodal cargo containers), and other used shipping devices (other than containers or devices used in the transportation of motor vehicles or parts of motor vehicles);
(12) transportation of natural, crushed, vesicular rock to be used for decorative purposes;
(13) transportation of wood chips;
(14) brokers for motor carriers of passengers, except as provided in section 13904(d); or
(15) transportation of broken, crushed, or powdered glass.
(b)
(1) transportation provided entirely in a municipality, in contiguous municipalities, or in a zone that is adjacent to, and commercially a part of, the municipality or municipalities, except—
(A) when the transportation is under common control, management, or arrangement for a continuous carriage or shipment to or from a place outside the municipality, municipalities, or zone; or
(B) that in transporting passengers over a route between a place in a State and a place in another State, or between a place in a State and another place in the same State through another State, the transportation is exempt from jurisdiction under this part only if the motor carrier operating the motor vehicle also is lawfully providing intrastate transportation of passengers over the entire route under the laws of each State through which the route runs;
(2) transportation by motor vehicle provided casually, occasionally, or reciprocally but not as a regular occupation or business, except when a broker or other person sells or offers for sale passenger transportation provided by a person authorized to transport passengers by motor vehicle under an application pending, or registration issued, under this part; or
(3) the emergency towing of an accidentally wrecked or disabled motor vehicle.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 861; amended Pub. L. 105–102, §2(8), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 107–298, §3(b)(1), Nov. 26, 2002, 116 Stat. 2343.)
This amends 49:13506(a)(5) to correct a grammatical error.
Provisions similar to those in this section were contained in section 10526 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2002—Subsec. (a)(2). Pub. L. 107–298 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “a motor vehicle providing taxicab service and having a capacity of not more than 6 passengers and not operated on a regular route or between specified places;”.
1997—Subsec. (a)(5). Pub. L. 105–102 substituted “1141j(a)))” for “1141j(a))”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
A motor carrier of property providing transportation exempt from jurisdiction under paragraph (6), (8), (11), (12), or (13) of section 13506(a) may transport property under such paragraph in the same vehicle and at the same time as property which the carrier is authorized to transport under a registration issued under section 13902(a). Such transportation shall not affect the unregulated status of such exempt property or the regulated status of the property which the carrier is authorized to transport under such registration.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 863.)
Provisions similar to those in this section were contained in section 10528 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) inspect and examine the lands, buildings, and equipment of such association or federation; and
(2) inspect and copy any record of such association or federation.
(b)
(c)
(d)
(1)
(A) does not make the report;
(B) does not specifically, completely, and truthfully answer the question; or
(C) does not maintain the record in the form and manner prescribed under this section;
is liable to the United States for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues.
(2)
(A) the cooperative association or federation of cooperative associations has its principal office;
(B) the violation occurred; or
(C) the offender is found.
Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(e)
(f)
(1) willfully does not make that report;
(2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date that the question is required to be answered;
(3) willfully does not maintain that record in the form and manner prescribed;
(4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record;
(5) knowingly and willfully files a false report or record under this section;
(6) knowingly and willfully makes a false or incomplete entry in that record about a business-related fact or transaction; or
(7) knowingly and willfully maintains a record in violation of a regulation or order issued under this section;
shall be fined not more than $5,000.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 863.)
Provisions similar to those in this section were contained in section 10529 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) by water carrier between a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) by water carrier and motor carrier from a place in a State to a place in another State; except that if part of the transportation is outside the United States, the Secretary only has jurisdiction over that part of the transportation provided—
(A) by motor carrier that is in the United States; and
(B) by water carrier that is from a place in the United States to another place in the United States; and
(3) by water carrier or by water carrier and motor carrier between a place in the United States and a place outside the United States, to the extent that—
(A) when the transportation is by motor carrier, the transportation is provided in the United States;
(B) when the transportation is by water carrier to a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States before transshipment from a place in the United States to a place outside the United States; and
(C) when the transportation is by water carrier from a place outside the United States, the transportation is provided by water carrier from a place in the United States to another place in the United States after transshipment to a place in the United States from a place outside the United States.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 865.)
Provisions similar to those in this section were contained in section 10541 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) a place in a State and a place in another State, even if part of the transportation is outside the United States;
(2) a place in a State and another place in the same State through a place outside the State; or
(3) a place in the United States and a place outside the United States.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 865.)
Provisions similar to those in this section were contained in section 10561 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) is not necessary to carry out the transportation policy of section 13101;
(2) is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and
(3) is in the public interest.
(b)
(c)
(d)
(e)
(1)
(2)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 866.)
Provisions similar to those in this section were contained in section 10505 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1)
(A) a movement of household goods,
(B) a rate for a movement by or with a water carrier in noncontiguous domestic trade, or
(C) rates, rules, and classifications made collectively by motor carriers under agreements approved pursuant to section 13703,
must be reasonable.
(2)
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 867.)
Provisions similar to those in this section were contained in sections 10701, 10704, and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1) in noncontiguous domestic trade, except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste; or
(2) for movement of household goods;
only if the rate for such transportation or service is contained in a tariff that is in effect under this section. The carrier may not charge or receive a different compensation for the transportation or service than the rate specified in the tariff, whether by returning a part of that rate to a person, giving a person a privilege, allowing the use of a facility that affects the value of that transportation or service, or another device. A rate contained in a tariff shall be stated in money of the United States.
(b)
(1)
(2)
(A) the carriers that are parties to it;
(B) the places between which property will be transported;
(C) terminal charges if a carrier provides transportation or service subject to jurisdiction under subchapter III of chapter 135;
(D) privileges given and facilities allowed; and
(E) any rules that change, affect, or determine any part of the published rate.
(3)
(4)
(5)
(A) publish new tariffs that incorporate changes, or
(B) plainly indicate the proposed changes in the tariffs then in effect and make the tariffs as changed available for public inspection.
(6)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 868.)
Provisions similar to those in this section were contained in sections 10761 and 10762 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(A) through routes and joint rates;
(B) rates for the transportation of household goods;
(C) classifications;
(D) mileage guides;
(E) rules;
(F) divisions;
(G) rate adjustments of general application based on industry average carrier costs (so long as there is no discussion of individual markets or particular single-line rates); or
(H) procedures for joint consideration, initiation, or establishment of matters described in subparagraphs (A) through (G).
(2)
(3)
(4)
(5)
(A)
(B)
(6)
(b)
(c)
(1)
(A) approving an agreement,
(B) denying, ending, or changing approval,
(C) prescribing the conditions on which approval is granted, or
(D) changing those conditions,
has effect only as related to application of the antitrust laws referred to in subsection (a).
(2)
(d)
(1)
(2)
(e)
(1)
(2)
(f)
(1)
(A)
(B)
(i)
(ii)
(2)
(A) is a participant in a publication of mileages formulated under an agreement approved under this section; or
(B) uses a publication of mileage (other than a publication described in subparagraph (A)) that can be examined by any interested person upon reasonable request.
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 869; amended Pub. L. 104–287, §5(28), Oct. 11, 1996, 110 Stat. 3391; Pub. L. 105–102, §2(9), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106–159, title II, §227, Dec. 9, 1999, 113 Stat. 1772; Pub. L. 108–7, div. I, title III, §354, Feb. 20, 2003, 117 Stat. 421.)
This amends 49:13703(a)(2) to correct an erroneous cross-reference.
The date of the enactment of this paragraph, referred to in subsecs. (c)(2) and (d)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
Former section 10706(b), referred to in subsec. (d)(1), probably means section 10706(b) of this title as in effect before that section was omitted and a new section 10706 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 812.
Section 227 of the Motor Carrier Safety Improvement Act of 1999, referred to in subsec. (d)(2), is section 227 of Pub. L. 106–159, which amended this section. See 1999 Amendment notes below.
The ICC Termination Act of 1995, referred to in subsec. (e)(2), is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
Provisions similar to those in this section were contained in section 10706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2003—Subsecs. (d) to (h). Pub. L. 108–7 redesignated subsecs. (e) to (h) as (d) to (g), respectively, and struck out heading and text of former subsec. (d). Text read as follows: “The Board shall not take any action that would permit the establishment of nationwide collective ratemaking authority.”
1999—Subsec. (c). Pub. L. 106–159, §227(a), designated introductory provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1) and realigned their margins, and added par. (2).
Subsec. (d). Pub. L. 106–159, §227(b), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “Subject to subsection (c), approval of an agreement under subsection (a) shall expire 3 years after the date of approval unless renewed under this subsection. The approval may be renewed upon request of the parties to the agreement if such parties resubmit the agreement to the Board, the agreement is unchanged, and the Board approves such renewal. The Board shall approve the renewal unless it finds that the renewal is not in the public interest. Parties to the agreement may continue to undertake activities pursuant to the previously approved agreement while the renewal request is pending.”
Subsec. (e). Pub. L. 106–159, §227(c), designated existing provisions as par. (1), inserted par. heading, and added par. (2).
1997—Subsec. (a)(2). Pub. L. 105–102 substituted “paragraph (1)” for “subsection (a)”.
1996—Subsec. (e). Pub. L. 104–287, §5(28)(A), substituted “December 31, 1995,” for “the day before the effective date of this section” and “January 1, 1996” for “such effective date”.
Subsec. (f)(2). Pub. L. 104–287, §5(28)(B), substituted “December 31, 1995” for “the day before the effective date of this section”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
(a)
(1)
(2)
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
Provisions similar to those in this section were contained in section 10735 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
Provisions similar to those in this section were contained in sections 10703 and 10705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1) of the agency and absence of beneficial title; and
(2) of the name and address of the beneficial owner of the property if it is reconsigned or diverted to a place other than the place specified in the original bill of lading.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 872.)
Provisions similar to those in this section were contained in section 10744 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1)
(2)
(3)
(A)
(i) 100 percent of the charges contained in a binding estimate provided by the carrier;
(ii) not more than 110 percent of the charges contained in a nonbinding estimate provided by the carrier; or
(iii) in the case of a partial delivery of the shipment, the prorated percentage of the charges calculated in accordance with subparagraph (B).
(B)
(C)
(D)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 873; amended Pub. L. 109–59, title IV, §4203, Aug. 10, 2005, 119 Stat. 1752.)
Provisions similar to those in this section were contained in section 10743 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Subsec. (b)(3). Pub. L. 109–59 added par. (3).
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 873.)
Provisions similar to those in this section were contained in section 10767 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(A) the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding the application of this section; and
(B) with respect to the claim—
(i) the person was offered a transportation rate by the carrier or freight forwarder other than that legally on file at the time with the Board or with the Interstate Commerce Commission, as required, for the transportation service;
(ii) the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(iii) the carrier or freight forwarder did not properly or timely file with the Board or with the Interstate Commerce Commission, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(iv) such transportation rate was billed and collected by the carrier or freight forwarder; and
(v) the carrier or freight forwarder demands additional payment of a higher rate filed in a tariff.
(2)
(3)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(3)
(4)
(A) the 60th day following the filing of an answer to a suit for the collection of such additional legally applicable freight rate or charges, or
(B) March 5, 1994.
(h)
(1)
(A) if such person qualifies as a small-business concern under the Small Business Act (15 U.S.C. 631 et seq.),
(B) if such person is an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or
(C) if the cargo involved in the claim is recyclable materials.
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 874; amended Pub. L. 104–287, §5(29), Oct. 11, 1996, 110 Stat. 3391.)
This amends 49:13709(a)(1) and (3) for clarity and consistency.
This amends 49:13709(e) by setting out the effective date for 49:13709 and for clarity and consistency.
Subchapter II of chapter 105, referred to in subsec. (a)(1), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Chapter 119, referred to in subsec. (a)(3), was omitted and a new chapter 119 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 849, effective Jan. 1, 1996.
The Small Business Act, referred to in subsec. (h)(1)(A), is Pub. L. 85–536, §2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1)(B), is classified to section 501 of Title 26, Internal Revenue Code.
Provisions similar to those in this section were contained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Subsec. (a)(1), (3). Pub. L. 104–287, §5(29)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e). Pub. L. 104–287, §5(29)(B), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before such effective date”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1)
(2)
(3)
(A)
(B)
(4)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 876; amended Pub. L. 104–287, §5(30), Oct. 11, 1996, 110 Stat. 3391.)
This sets out the effective date of 49:13710.
This amends 49:13710(b) by setting out the effective date for 49:13710 and for clarity and consistency.
Subchapter II of chapter 105, referred to in subsec. (b), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Provisions similar to those in this section were contained in sections 10762 and 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Subsec. (a)(4). Pub. L. 104–287, §5(30)(A), substituted “January 1, 1996,” for “the effective date of this section”.
Subsec. (b). Pub. L. 104–287, §5(30)(B), substituted “December 31, 1995” for “the day before the effective date of this section” and “January 1, 1996,” for “the effective date of this section”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(b)
(1)
(2)
(A) whether the person was offered a transportation rate by the carrier or freight forwarder or party other than that legally on file with the Interstate Commerce Commission or the Board, as required, at the time of the movement for the transportation service;
(B) whether the person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate;
(C) whether the carrier or freight forwarder did not properly or timely file with the Interstate Commerce Commission or the Board, as required, a tariff providing for such transportation rate or failed to enter into an agreement for contract carriage;
(D) whether the transportation rate was billed and collected by the carrier or freight forwarder; and
(E) whether the carrier or freight forwarder or party demands additional payment of a higher rate filed in a tariff.
(c)
(d)
(e)
(f)
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 877; amended Pub. L. 104–287, §5(31), Oct. 11, 1996, 110 Stat. 3391.)
This amends 49:13711(a), (d), and (g) by setting out the effective date of 49:13711 and for clarity and consistency.
Subchapter II of chapter 105, referred to in subsec. (a), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Chapter 107, as in effect on the date transportation was provided, referred to in subsec. (a), means chapter 107 of this title, as in effect on the date transportation was provided with respect to transportation provided before Jan. 1, 1996. Chapter 107 (§10701 et seq.) was omitted and a new chapter 107 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 809, effective Jan. 1, 1996.
Sections 10761(a) and 10762, referred to in subsec. (d), were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Provisions similar to those in this section were contained in section 2(e) of Pub. L. 103–180, set out as a note under former section 10701 of this title.
1996—Subsec. (a). Pub. L. 104–287, §5(31)(A), substituted “or, before January 1, 1996” for “or, before the effective date of this section”, “December 31, 1995” for “the day before the effective date of this section”, and “provided before January 1, 1996” for “provided before the effective date of this section”.
Subsec. (d). Pub. L. 104–287, §5(31)(B), substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before such effective date”.
Subsec. (g). Pub. L. 104–287, §5(31)(C), substituted “January 1, 1996” for “the effective date of this section”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
A carrier providing transportation or service for the United States Government may transport property or individuals for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879; amended Pub. L. 111–350, §5(o)(5), Jan. 4, 2011, 124 Stat. 3853.)
Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2011—Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879.)
Provisions similar to those in this section were contained in section 10732 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Pub. L. 109–59, title IV, §4303(d)(2), Aug. 10, 2005, 119 Stat. 1763, inserted “motor private carriers,” after “motor carriers,” in item 13906.
A person may provide transportation or service subject to jurisdiction under subchapter I or III of chapter 135 or be a broker for transportation subject to jurisdiction under subchapter I of that chapter, only if the person is registered under this chapter to provide the transportation or service.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 879.)
Provisions similar to those in this section were contained in section 10921 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1)
(A) this part and the applicable regulations of the Secretary and the Board;
(B)(i) any safety regulations imposed by the Secretary;
(ii) the duties of employers and employees established by the Secretary under section 31135; and
(iii) the safety fitness requirements established by the Secretary under section 31144;
(C) the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue, for transportation provided by an over-the-road bus; and
(D) the minimum financial responsibility requirements established by the Secretary pursuant to sections 13906 and 31138.
(2)
(A) provides evidence of participation in an arbitration program and provides a copy of the notice of the arbitration program as required by section 14708(b)(2);
(B) identifies its tariff and provides a copy of the notice of the availability of that tariff for inspection as required by section 13702(c);
(C) provides evidence that it has access to, has read, is familiar with, and will observe all applicable Federal laws relating to consumer protection, estimating, consumers’ rights and responsibilities, and options for limitations of liability for loss and damage; and
(D) discloses any relationship involving common stock, common ownership, common management, or common familial relationships between that person and any other motor carrier, freight forwarder, or broker of household goods within 3 years of the proposed date of registration.
(3)
(4)
(5)
(b)
(1)
(2)
(A)
(i) the recipient meets the requirements of subsection (a)(1); and
(ii)(I) no motor carrier of passengers (other than a motor carrier of passengers which is a public recipient of governmental assistance) is providing, or is willing to provide, the transportation; or
(II) the transportation is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services.
(B)
(C)
(3)
(4)
(5)
(6)
(7)
(8)
(A)
(i) any State,
(ii) any municipality or other political subdivision of a State,
(iii) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State,
(iv) any Indian tribe, and
(v) any corporation, board, or other person owned or controlled by any entity described in clause (i), (ii), (iii), or (iv),
which before, on, or after January 1, 1996, received governmental assistance for the purchase or operation of any bus.
(B)
(c)
(1)
(A) seek elimination of such practices through consultations; or
(B) notwithstanding any other provision of law, suspend, modify, amend, condition, or restrict operations, including geographical restriction of operations, in the United States by motor carriers of property or passengers domiciled in such foreign country or owned or controlled by persons of such foreign country.
(2)
(3)
(4)
(A) operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country permitted in the commercial zones along the United States-Mexico border as such zones were defined on December 31, 1995; or
(B) any existing restrictions on operations of motor carriers of property or passengers domiciled in any contiguous foreign country or owned or controlled by persons of any contiguous foreign country or any modifications thereof pursuant to section 6 of the Bus Regulatory Reform Act of 1982.
(5)
(6)
(7)
(8)
(d)
(1)
(A) as a motor common carrier if such person would have been issued a certificate to provide transportation as a motor common carrier under this subtitle on December 31, 1995; and
(B) as a motor contract carrier if such person would have been issued a permit to provide transportation as a motor contract carrier under this subtitle on such day.
(2)
(3)
(e)
(1)
(2)
(f)
(1)
(A) may not register a motor carrier under this section as a motor common carrier or a motor contract carrier;
(B) shall register applicants under this section as motor carriers; and
(C) shall issue any motor carrier registered under this section after that date a motor carrier certificate of registration that specifies whether the holder of the certificate may provide transportation of persons, household goods, other property, or any combination thereof.
(2)
(A) subsection (d) of this section, as that section was in effect before the transition termination date; or
(B) any other provision of this title that was in effect before the transition termination date.
(3)
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 880; amended Pub. L. 104–287, §5(32), Oct. 11, 1996, 110 Stat. 3391; Pub. L. 106–159, title II, §205, Dec. 9, 1999, 113 Stat. 1762; Pub. L. 109–59, title IV, §§4113(b), 4204, 4303(c), Aug. 10, 2005, 119 Stat. 1725, 1753, 1762; Pub. L. 110–291, §2, July 30, 2008, 122 Stat. 2915.)
This amends 49:13902(b)(8)(A) to correct a grammatical error and to set out the effective date of 49:13902(b).
This sets out the effective date of 49:13902(b)(8).
This amends 49:13902(c)(4)(A) and (d)(1) and (2) for clarity and consistency.
Section 6 of the Bus Regulatory Reform Act of 1982, referred to in subsec. (c)(4)(B), is section 6 of Pub. L. 97–261, Sept. 20, 1982, 96 Stat. 1103, which amended former sections 10102, 10322, 10521, 10922, and 11711 of this title, section 250 of Title 26, Internal Revenue Code, and former section 5201 of Title 39, Postal Service.
Section 4481 of the Internal Revenue Code of 1986, referred to in subsec. (c)(8), is classified to section 4481 of Title 26, Internal Revenue Code.
Section 10102, referred to in subsec. (d)(2), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (f)(3), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Provisions similar to those in this section were contained in section 10922 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Subsec. (a)(1)(C), (D). Pub. L. 110–291, §2(a), added subpar. (C) and redesignated former subpar. (C) as (D).
Subsec. (a)(5). Pub. L. 110–291, §2(b), inserted “(including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue, for transportation provided by an over-the-road bus)” after “Board”.
2005—Subsec. (a)(1)(B). Pub. L. 109–59, §4113(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “any safety regulations imposed by the Secretary and the safety fitness requirements established by the Secretary under section 31144; and”.
Subsec. (a)(2), (3). Pub. L. 109–59, §4204(1), (3), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:
“(2)
“(3)
Subsec. (a)(4). Pub. L. 109–59, §4204(3), added par. (4). Former par. (4) redesignated (5).
Subsec. (a)(5). Pub. L. 109–59, §4204(2), (4), redesignated par. (4) as (5) and inserted at end “In the case of a registration for the transportation of household goods as a household goods motor carrier, the Secretary may also hear a complaint on the ground that the registrant fails or will fail to comply with the requirements of paragraph (2) of this subsection.”
Subsec. (d)(3). Pub. L. 109–59, §4303(c)(1), added par. (3).
Subsecs. (f), (g). Pub. L. 109–59, §4303(c)(2), added subsec. (f) and redesignated former subsec. (f) as (g).
1999—Subsecs. (e), (f). Pub. L. 106–159 added subsec. (e) and redesignated former subsec. (e) as (f).
1996—Subsec. (b)(8)(A). Pub. L. 104–287, §5(32)(A), inserted “and” after “any Indian tribe,” in cl. (iv), struck out “and” after “clause (i), (ii), (iii), or (iv),” in cl. (v), and substituted “January 1, 1996,” for “the effective date of this subsection” in concluding provisions.
Subsec. (b)(8)(B). Pub. L. 104–287, §5(32)(B), substituted “January 1, 1996,” for “the effective date of this paragraph”.
Subsecs. (c)(4)(A), (d)(1)(A), (2). Pub. L. 104–287, §5(32)(C), substituted “December 31, 1995” for “the day before the effective date of this section”.
Pub. L. 109–59, title IV, §4308, Aug. 10, 2005, 119 Stat. 1774, provided that: “The Secretary [of Transportation] may issue such regulations as the Secretary determines are necessary to carry out this subtitle [subtitle C (§§4301–4308) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] and the amendments made by this subtitle.”
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 110–291, §4, July 30, 2008, 122 Stat. 2915, provided that: “Not later than 30 days after the date of enactment of this Act [July 30, 2008], the Secretary shall take necessary actions to implement the changes required by the amendment made by section 2(a) [amending this section] relating to registration of motor carriers providing transportation by an over-the-road bus.”
Pub. L. 110–291, §5, July 30, 2008, 122 Stat. 2916, provided that: “Not later than 6 months after the date of enactment of this Act [July 30, 2008], the Secretary of Transportation and the Attorney General shall enter into a memorandum of understanding to delineate the specific roles and responsibilities of the Department of Transportation and the Department of Justice, respectively, in enforcing the compliance of motor carriers of passengers providing transportation by an over-the-road bus (as defined in section 13102 of title 49, United States Code) with the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue. Such memorandum shall recognize the Department of Transportation's statutory responsibilities as clarified by this Act [see Short Title of 2008 Amendment note set out under section 10101 of this title] (including the amendments made by this Act).”
Pub. L. 110–28, title VI, §6901, May 25, 2007, 121 Stat. 183, provided that:
“(a) Hereafter, funds limited or appropriated for the Department of Transportation may be obligated or expended to grant authority to a Mexico-domiciled motor carrier to operate beyond United States municipalities and commercial zones on the United States-Mexico border only to the extent that—
“(1) granting such authority is first tested as part of a pilot program;
“(2) such pilot program complies with the requirements of section 350 of Public Law 107–87 [set out below] and the requirements of section 31315(c) of title 49, United States Code, related to pilot programs; and
“(3) simultaneous and comparable authority to operate within Mexico is made available to motor carriers domiciled in the United States.
“(b) Prior to the initiation of the pilot program described in subsection (a) in any fiscal year—
“(1) the Inspector General of the Department of Transportation shall transmit to Congress and the Secretary of Transportation a report verifying compliance with each of the requirements of subsection (a) of section 350 of Public Law 107–87, including whether the Secretary of Transportation has established sufficient mechanisms to apply Federal motor carrier safety laws and regulations to motor carriers domiciled in Mexico that are granted authority to operate beyond the United States municipalities and commercial zones on the United States-Mexico border and to ensure compliance with such laws and regulations; and
“(2) the Secretary of Transportation shall—
“(A) take such action as may be necessary to address any issues raised in the report of the Inspector General under subsection (b)(1) and submit a report to Congress detailing such actions; and
“(B) publish in the Federal Register, and provide sufficient opportunity for public notice and comment—
“(i) comprehensive data and information on the pre-authorization safety audits conducted before and after the date of enactment of this Act [May 25, 2007] of motor carriers domiciled in Mexico that are granted authority to operate beyond the United States municipalities and commercial zones on the United States-Mexico border;
“(ii) specific measures to be required to protect the health and safety of the public, including enforcement measures and penalties for noncompliance;
“(iii) specific measures to be required to ensure compliance with section 391.11(b)(2) and section 365.501(b) of title 49, Code of Federal Regulations;
“(iv) specific standards to be used to evaluate the pilot program and compare any change in the level of motor carrier safety as a result of the pilot program; and
“(v) a list of Federal motor carrier safety laws and regulations, including the commercial drivers license requirements, for which the Secretary of Transportation will accept compliance with a corresponding Mexican law or regulation as the equivalent to compliance with the United States law or regulation, including for each law or regulation an analysis as to how the corresponding United States and Mexican laws and regulations differ.
“(c) During and following the pilot program described in subsection (a), the Inspector General of the Department of Transportation shall monitor and review the conduct of the pilot program and submit to Congress and the Secretary of Transportation an interim report, 6 months after the commencement of the pilot program, and a final report, within 60 days after the conclusion of the pilot program. Such reports shall address whether—
“(1) the Secretary of Transportation has established sufficient mechanisms to determine whether the pilot program is having any adverse effects on motor carrier safety;
“(2) Federal and State monitoring and enforcement activities are sufficient to ensure that participants in the pilot program are in compliance with all applicable laws and regulations; and
“(3) the pilot program consists of a representative and adequate sample of Mexico-domiciled carriers likely to engage in cross-border operations beyond United States municipalities and commercial zones on the United States-Mexico border.
“(d) In the event that the Secretary of Transportation in any fiscal year seeks to grant operating authority for the purpose of initiating cross-border operations beyond United States municipalities and commercial zones on the United States-Mexico border either with Mexico-domiciled motor coaches or Mexico-domiciled commercial motor vehicles carrying placardable quantities of hazardous materials, such activities shall be initiated only after the conclusion of a separate pilot program limited to vehicles of the pertinent type. Each such separate pilot program shall follow the same requirements and processes stipulated under subsections (a) through (c) of this section and shall be planned, conducted and evaluated in concert with the Department of Homeland Security or its Inspector General, as appropriate, so as to address any and all security concerns associated with such cross-border operations.”
Pub. L. 109–59, title IV, §4302, Aug. 10, 2005, 119 Stat. 1761, provided that: “Except as provided in section 14504 of title 49, United States Code, and sections 14504a and 14506 of title 49, United States Code, as added by this subtitle, this subtitle [subtitle C (§§4301–4308) of title IV of Pub. L. 109–59, see Short Title of 2005 Amendment note set out under section 10101 of this title] is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law.”
Pub. L. 107–87, title III, §350, Dec. 18, 2001, 115 Stat. 864, provided that:
“(a) No funds limited or appropriated in this Act [see Tables for classification] may be obligated or expended for the review or processing of an application by a Mexican motor carrier for authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border until the Federal Motor Carrier Safety Administration—
“(1)(A) requires a safety examination of such motor carrier to be performed before the carrier is granted conditional operating authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border;
“(B) requires the safety examination to include—
“(i) verification of available performance data and safety management programs;
“(ii) verification of a drug and alcohol testing program consistent with part 40 of title 49, Code of Federal Regulations;
“(iii) verification of that motor carrier's system of compliance with hours-of-service rules, including hours-of-service records;
“(iv) verification of proof of insurance;
“(v) a review of available data concerning that motor carrier's safety history, and other information necessary to determine the carrier's preparedness to comply with Federal Motor Carrier Safety rules and regulations and Hazardous Materials rules and regulations;
“(vi) an inspection of that Mexican motor carrier's commercial vehicles to be used under such operating authority, if any such commercial vehicles have not received a decal from the inspection required in subsection (a)(5);
“(vii) an evaluation of that motor carrier's safety inspection, maintenance, and repair facilities or management systems, including verification of records of periodic vehicle inspections;
“(viii) verification of drivers’ qualifications, including a confirmation of the validity of the Licencia de Federal de Conductor of each driver of that motor carrier who will be operating under such authority; and
“(ix) an interview with officials of that motor carrier to review safety management controls and evaluate any written safety oversight policies and practices.
“(C) requires that—
“(i) Mexican motor carriers with three or fewer commercial vehicles need not undergo on-site safety examination; however 50 percent of all safety examinations of all Mexican motor carriers shall be conducted onsite; and
“(ii) such on-site inspections shall cover at least 50 percent of estimated truck traffic in any year.
“(2) requires a full safety compliance review of the carrier consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, and gives the motor carrier a satisfactory rating, before the carrier is granted permanent operating authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border, and requires that any such safety compliance review take place within 18 months of that motor carrier being granted conditional operating authority, provided that—
“(A) Mexican motor carriers with three or fewer commercial vehicles need not undergo onsite compliance review; however 50 percent of all compliance reviews of all Mexican motor carriers shall be conducted on-site; and
“(B) any Mexican motor carrier with 4 or more commercial vehicles that did not undergo an on-site safety exam under (a)(1)(C), shall undergo an on-site safety compliance review under this section.
“(3) requires Federal and State inspectors to verify electronically the status and validity of the license of each driver of a Mexican motor carrier commercial vehicle crossing the border;
“(A) for every such vehicle carrying a placardable quantity of hazardous materials;
“(B) whenever the inspection required in subsection (a)(5) is performed; and
“(C) randomly for other Mexican motor carrier commercial vehicles, but in no case less than 50 percent of all other such commercial vehicles.
“(4) gives a distinctive Department of Transportation number to each Mexican motor carrier operating beyond the commercial zone to assist inspectors in enforcing motor carrier safety regulations including hours-of-service rules under part 395 of title 49, Code of Federal Regulations;
“(5) requires, with the exception of Mexican motor carriers that have been granted permanent operating authority for three consecutive years—
“(A) inspections of all commercial vehicles of Mexican motor carriers authorized, or seeking authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border that do not display a valid Commercial Vehicle Safety Alliance inspection decal, by certified inspectors in accordance with the requirements for a Level I Inspection under the criteria of the North American Standard Inspection (as defined in section 350.105 of title 49, Code of Federal Regulations), including examination of the driver, vehicle exterior and vehicle under-carriage;
“(B) a Commercial Vehicle Safety Alliance decal to be affixed to each such commercial vehicle upon completion of the inspection required by clause (A) or a re-inspection if the vehicle has met the criteria for the Level I inspection; and
“(C) that any such decal, when affixed, expire at the end of a period of not more than 90 days, but nothing in this paragraph shall be construed to preclude the Administration from requiring reinspection of a vehicle bearing a valid inspection decal or from requiring that such a decal be removed when a certified Federal or State inspector determines that such a vehicle has a safety violation subsequent to the inspection for which the decal was granted.
“(6) requires State inspectors who detect violations of Federal motor carrier safety laws or regulations to enforce them or notify Federal authorities of such violations;
“(7)(A) equips all United States-Mexico commercial border crossings with scales suitable for enforcement action; equips 5 of the 10 such crossings that have the highest volume of commercial vehicle traffic with weigh-in-motion (WIM) systems; ensures that the remaining 5 such border crossings are equipped within 12 months; requires inspectors to verify the weight of each Mexican motor carrier commercial vehicle entering the United States at said WIM equipped high volume border crossings; and
“(B) initiates a study to determine which other crossings should also be equipped with weigh-in-motion systems;
“(8) the Federal Motor Carrier Safety Administration has implemented a policy to ensure that no Mexican motor carrier will be granted authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border unless that carrier provides proof of valid insurance with an insurance company licensed in the United States;
“(9) requires commercial vehicles operated by a Mexican motor carrier to enter the United States only at commercial border crossings where and when a certified motor carrier safety inspector is on duty and where adequate capacity exists to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-of-service as a result of said inspections.
“(10) publishes—
“(A) interim final regulations under section 210(b) of the Motor Carrier Safety Improvement Act of 1999 [Pub. L. 106–159] (49 U.S.C. 31144 note) that establish minimum requirements for motor carriers, including foreign motor carriers, to ensure they are knowledgeable about Federal safety standards, that may include the administration of a proficiency examination;
“(B) interim final regulations under section 31148 of title 49, United States Code, that implement measures to improve training and provide for the certification of motor carrier safety auditors;
“(C) a policy under sections 218(a) and (b) of that Act (49 U.S.C. 31133 note) establishing standards for the determination of the appropriate number of Federal and State motor carrier inspectors for the United States-Mexico border;
“(D) a policy under section 219(d) of that Act (49 U.S.C. 14901 note) that prohibits foreign motor carriers from leasing vehicles to another carrier to transport products to the United States while the lessor is subject to a suspension, restriction, or limitation on its right to operate in the United States; and
“(E) a policy under section 219(a) of that Act (49 U.S.C. 14901 note) that prohibits foreign motor carriers from operating in the United States that is found to have operated illegally in the United States.
“(b) No vehicles owned or leased by a Mexican motor carrier and carrying hazardous materials in a placardable quantity may be permitted to operate beyond a United States municipality or commercial zone until the United States has completed an agreement with the Government of Mexico which ensures that drivers of such vehicles carrying such placardable quantities of hazardous materials meet substantially the same requirements as United States drivers carrying such materials.
“(c) No vehicles owned or leased by a Mexican motor carrier may be permitted to operate beyond United States municipalities and commercial zones under conditional or permanent operating authority granted by the Federal Motor Carrier Safety Administration until—
“(1) the Department of Transportation Inspector General conducts a comprehensive review of border operations within 180 days of enactment [probably means date of enactment of this Act, which was approved Dec. 18, 2001] to verify that—
“(A) all new inspector positions funded under this Act [see Tables for classification] have been filled and the inspectors have been fully trained;
“(B) each inspector conducting on-site safety compliance reviews in Mexico consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, is fully trained as a safety specialist;
“(C) the requirement of subparagraph (a)(2) has not been met by transferring experienced inspectors from other parts of the United States to the United States-Mexico border, undermining the level of inspection coverage and safety elsewhere in the United States;
“(D) the Federal Motor Carrier Safety Administration has implemented a policy to ensure compliance with hours-of-service rules under part 395 of title 49, Code of Federal Regulations, by Mexican motor carriers seeking authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border;
“(E) the information infrastructure of the Mexican government is sufficiently accurate, accessible, and integrated with that of United States enforcement authorities to allow United States authorities to verify the status and validity of licenses, vehicle registrations, operating authority and insurance of Mexican motor carriers while operating in the United States, and that adequate telecommunications links exist at all United States-Mexico border crossings used by Mexican motor carrier commercial vehicles, and in all mobile enforcement units operating adjacent to the border, to ensure that licenses, vehicle registrations, operating authority and insurance information can be easily and quickly verified at border crossings or by mobile enforcement units;
“(F) there is adequate capacity at each United States-Mexico border crossing used by Mexican motor carrier commercial vehicles to conduct a sufficient number of meaningful vehicle safety inspections and to accommodate vehicles placed out-of-service as a result of said inspections;
“(G) there is an accessible database containing sufficiently comprehensive data to allow safety monitoring of all Mexican motor carriers that apply for authority to operate commercial vehicles beyond United States municipalities and commercial zones on the United States-Mexico border and the drivers of those vehicles; and
“(H) measures are in place to enable United States law enforcement authorities to ensure the effective enforcement and monitoring of license revocation and licensing procedures of Mexican motor carriers.
“(2) The Secretary of Transportation certifies in writing in a manner addressing the Inspector General's findings in paragraphs (c)(1)(A) through (c)(1)(H) of this section that the opening of the border does not pose an unacceptable safety risk to the American public.
“(d) The Department of Transportation Inspector General shall conduct another review using the criteria in (c)(1)(A) through (c)(1)(H) consistent with paragraph (c) of this section, 180 days after the first review is completed, and at least annually thereafter.
“(e) For purposes of this section, the term ‘Mexican motor carrier’ shall be defined as a Mexico-domiciled motor carrier operating beyond United States municipalities and commercial zones on the United States-Mexico border.
“(f) In addition to amounts otherwise made available in this Act, to be derived from the Highway Trust Fund, there is hereby appropriated to the Federal Motor Carrier Safety Administration, $25,866,000 for the salary, expense, and capital costs associated with the requirements of this section.”
Memorandum of President of the United States, May 6, 1993, 58 F.R. 27647, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. The Act [Pub. L. 97–261, see Tables for classification] authorized the President to remove the moratorium in whole or in part for any country or political subdivision thereof upon determining that such action is in the national interest. Sixty days’ advance notice to the Congress is required whenever the removal or modification applies to a contiguous foreign country or political subdivision thereof that substantially prohibits the granting of motor carrier authority to persons from the United States.
I am pleased that an agreement between the United States and Mexico has been concluded to ensure fair and reciprocal treatment for charter and tour bus interests on both sides of the border. The agreement reached, however, does not allow for full access to cross-border and domestic markets. Therefore, the moratorium must reflect the conditions under which operating authority may be issued to Mexican charter and tour companies under the agreement.
Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [see former 49 U.S.C. 10922(m)(2)(A)], I hereby make a limited modification to the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country.
The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or special operations, in foreign commerce, in round trip or one-way service between Mexico and the United States pursuant to the following restrictions:
1. The Mexican motor carrier can conduct cross-border charter or special service in the United States only when the international tour or charter begins in Mexico;
2. Tickets or tour packages for such operations cannot be sold in the United States; and
3. The terms of the grants of authority given to Mexican motor carriers will be limited by the life of the agreement with Mexico covering reciprocal cross-border charter and special operations.
This action applies only to international charter and tour operations, does not allow for point-to-point service within the United States, and does not authorize companies to conduct cross-border regular route service. This action preserves the status quo with respect to Mexican trucking companies and Mexican companies engaged in regular route service, and will maintain the moratorium on those operations through September 25, 1994, unless earlier revoked or modified.
Accordingly, you are directed to notify the Congress today on my behalf that, effective 60 days hence, the moratorium will no longer be in effect for Mexican charter and tour bus companies subject to the above stated conditions. Because of this action, the Interstate Commerce Commission will then accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms. I should note that applications in Mexico by United States charter and tour bus firms will be similarly treated.
You are hereby authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Jan. 1, 1994, 59 F.R. 653, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of a contiguous foreign country. The Act [Pub. L. 97–261, see Tables for classification] authorized the President to remove the moratorium in whole or in part for any country or political subdivision thereof upon determining that such action is in the national interest. Sixty days’ advance notice to the Congress is required whenever the removal or modification applies to a foreign contiguous country or political subdivision thereof that substantially prohibits the granting of motor carrier authority to persons from the United States.
As set forth in the Statement of Administrative Action regarding the North American Free Trade Agreement (NAFTA) that I submitted to the Congress on November 3, 1993, the moratorium with respect to Mexico will be lifted in phases to coincide with the schedule of liberalization in the relevant provisions of the NAFTA. The NAFTA specifically states that the moratorium will not apply to the provision of cross-border charter or tour bus services as of the date of entry into force of the Agreement.
This is to give public notice that, pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. section 10922(l)(2)(A) [see former 49 U.S.C. 10922(m)(2)(A)], on November 3, 1993, I gave the Congress notice of my intention to make a limited modification to the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of Mexico. This modification will take effect on January 1, 1994, the 60th day after my notice to the Congress.
The moratorium is modified only to authorize the Interstate Commerce Commission to grant Mexican motor carriers authority to transport passengers in charter or tour bus operations, in foreign commerce, in round-trip or one-way service between Mexico and the United States.
This action applies only to international charter or tour bus operations, does not allow for point-to-point bus service within the United States, and does not authorize companies to conduct cross-border regular route bus service.
Effective January 1, 1994, the Interstate Commerce Commission will begin to accept and process expeditiously all applications for operating authority from Mexican owned, controlled, or domiciled charter and tour bus firms.
This determination shall be published in the Federal Register.
William J. Clinton.
[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.]
Memorandum of President of the United States, Mar. 2, 1995, 60 F.R. 12393, provided:
Memorandum for the Secretary of Transportation [and] the United States Trade Representative
Pursuant to section 6 of the Bus Regulatory Reform Act of 1982, 49 U.S.C. 10922(l)(1) and (2) [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)], I hereby extend for an additional 2 years both the moratorium imposed by that section and all actions taken by my predecessors under that section on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country. This action preserves the status quo and will maintain the moratorium through September 19, 1996, unless earlier revoked or modified.
This memorandum shall be published in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Sept. 25, 1992, 57 F.R. 44647, extended moratorium through Sept. 19, 1994.
Memorandum of President of the United States, Sept. 17, 1990, 55 F.R. 38657, extended moratorium through Sept. 19, 1992.
Memorandum of President of the United States, Sept. 15, 1988, 53 F.R. 36430, extended moratorium through Sept. 19, 1990.
Memorandum of President of the United States, Sept. 23, 1986, 51 F.R. 34079, extended moratorium through Sept. 19, 1988.
Memorandum of President of the United States, Aug. 30, 1984, 49 F.R. 35001, extended moratorium through Sept. 19, 1986.
Memorandum of President of the United States, June 5, 2001, 66 F.R. 30799, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982 [Pub. L. 97–261, see former 49 U.S.C. 10922(m)(1), (2)] imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by, persons of a contiguous foreign country, and authorized the President to modify the moratorium. The Interstate Commerce Commission Termination Act of 1995 (ICCTA) [ICC Termination Act of 1995, Pub. L. 104–88, see Tables for classification] maintained these restrictions, subject to modifications made prior to the enactment of the ICCTA [Dec. 29, 1995], and authorized the President to make further modifications to the moratorium. The relevant provisions of the ICCTA are codified at 49 U.S.C. 13902.
The North American Free Trade Agreement (NAFTA) established a schedule for liberalizing certain restrictions on investment in truck and bus services. Pursuant to 49 U.S.C. 13902(c)(3), I have determined that the following modifications to the moratorium are consistent with obligations of the United States under NAFTA and with U.S. transportation policy, and that the moratorium shall be modified accordingly. First, enterprises domiciled in the United States that are owned or controlled by persons of Mexico will be allowed to obtain operating authority to provide truck services for the transportation of international cargo between points in the United States. Second, enterprises domiciled in the United States that are owned or controlled by persons of Mexico will be allowed to obtain operating authority to provide bus services between points in the United States. These modifications shall be effective today.
Pursuant to 49 U.S.C. 13902(c)(5), I have determined that expeditious action is required to implement these modifications to the moratorium. Effective today, the Department of Transportation will accept and expeditiously process applications, submitted by enterprises domiciled in the United States that are owned or controlled by persons of Mexico, to obtain operating authority to provide truck services for the transportation of international cargo between points in the United States or to provide bus services between points in the United States.
Motor carriers domiciled in the United States that are owned or controlled by persons of Mexico will be subject to the same Federal and State regulations and procedures that apply to all other U.S. carriers. These include safety regulations, such as drug and alcohol testing; insurance requirements; taxes and fees; and all other applicable laws and regulations, including those administered by the U.S. Customs Service, the Immigration and Naturalization Service, and the Department of Labor.
This memorandum shall be published in the Federal Register.
George W. Bush.
Memorandum of President of the United States, Nov. 27, 2002, 67 F.R. 71795, provided:
Memorandum for the Secretary of Transportation
Section 6 of the Bus Regulatory Reform Act of 1982, Public Law 97–261, 96 Stat. 1103 [see former 49 U.S.C. 10922(m)(1), (2)], imposed a moratorium on the issuance of certificates or permits to motor carriers domiciled in, or owned or controlled by persons of, a contiguous foreign country and authorized the President to modify the moratorium. The Interstate Commerce Commission Termination Act of 1995 (ICCTA), Public Law 104–88, 109 Stat. 803 [ICC Termination Act of 1995, see Tables for classification], maintained these restrictions, subject to modifications made prior to the enactment of the ICCTA [Dec. 29, 1995], and empowered the President to make further modifications to the moratorium.
Pursuant to 49 U.S.C. 13902(c)(3), I modified the moratorium on June 5, 2001, to allow motor carriers domiciled in the United States that are owned or controlled by persons of Mexico to obtain operating authority to transport international cargo by truck between points in the United States and to provide bus services between points in the United States.
The North American Free Trade Agreement (NAFTA) established a schedule for liberalizing certain restrictions on the provision of bus and truck services by Mexican-domiciled motor carriers in the United States. Pursuant to 49 U.S.C. 13902(c)(3), I hereby determine that the following modifications to the moratorium are consistent with obligations of the United States under NAFTA and with our national transportation policy and that the moratorium shall be modified accordingly.
First, qualified motor carriers domiciled in Mexico will be allowed to obtain operating authority to transport passengers in cross-border scheduled bus services. Second, qualified motor carriers domiciled in Mexico will be allowed to obtain operating authority to provide cross-border truck services. The moratorium on the issuance of certificates or permits to Mexican-domiciled motor carriers for the provision of truck or bus services between points in the United States will remain in place. These modifications shall be effective on the date of this memorandum.
Furthermore, pursuant to 49 U.S.C. 13902(c)(5), I hereby determine that expeditious action is required to implement this modification to the moratorium. Effective on the date of this memorandum, the Department of Transportation is authorized to act on applications, submitted by motor carriers domiciled in Mexico, to obtain operating authority to provide cross-border scheduled bus services and cross-border truck services. In reviewing such applications, the Department shall continue to work closely with the Department of Justice, the Office of Homeland Security, and other relevant Federal departments, agencies, and offices in order to help ensure the security of the border and to prevent potential threats to national security.
Motor carriers domiciled in Mexico operating in the United States will be subject to the same Federal and State laws, regulations, and procedures that apply to carriers domiciled in the United States. These include safety regulations, such as drug and alcohol testing requirements; insurance requirements; taxes and fees; and other applicable laws and regulations, including those administered by the United States Customs Service, the Immigration and Naturalization Service, the Department of Labor, and Federal and State environmental agencies.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, §4142(b), Aug. 10, 2005, 119 Stat. 1747; Pub. L. 110–244, title III, §305(d), June 6, 2008, 122 Stat. 1620.)
Provisions similar to those in this section were contained in section 10923 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a) generally. Prior to amendment, text read as follows:
“(1)
“(2)
2005—Subsec. (a). Pub. L. 109–59 designated existing provisions as par. (1) and inserted heading, inserted “of household goods” after “freight forwarder”, and added par. (2).
(a)
(b)
(1)
(2)
(c)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 109–59, title IV, §4142(c), Aug. 10, 2005, 119 Stat. 1747; Pub. L. 110–244, title III, §305(e), June 6, 2008, 122 Stat. 1620.)
Provisions similar to those in this section were contained in section 10924 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Subsec. (a). Pub. L. 110–244 amended subsec. (a) generally. Prior to amendment, text read as follows:
“(1)
“(2)
2005—Subsec. (a). Pub. L. 109–59, §4142(c)(1), (3), designated existing provisions as par. (1), inserted heading, and added par. (2).
Subsec. (a)(1). Pub. L. 109–59, §4142(c)(2), which directed amendment of par. (1) by inserting “of household goods” after “broker”, was executed by making the insertion in two places to reflect the probable intent of Congress.
(a)
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(e)
(1) the Secretary has issued an order to the registrant under section 14701 requiring compliance with this part, a regulation of the Secretary, or a condition of the registration; and
(2) the registrant willfully does not comply with the order for a period of 30 days.
(f)
(1)
(A) may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with requirements of the Secretary pursuant to section 13904(c) or 13906 or an order or regulation of the Secretary prescribed under those sections; and
(B) shall revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements of section 31144.
(2)
(3)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 884; amended Pub. L. 104–287, §5(33), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 105–102, §2(10), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 106–159, title II, §206(a), Dec. 9, 1999, 113 Stat. 1763; Pub. L. 109–59, title IV, §§4104, 4303(a), Aug. 10, 2005, 119 Stat. 1716, 1761; Pub. L. 110–291, §2(b), July 30, 2008, 122 Stat. 2915.)
This amends 49:13905(a) for clarity and consistency.
This amends 49:13905(e)(1) to correct a grammatical error.
The date of the enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 106–159, which was approved Dec. 9, 1999.
Provisions similar to those in this section were contained in section 10925 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Subsec. (d)(1)(A). Pub. L. 110–291 inserted “(including the accessibility requirements established by the Secretary under subpart H of part 37 of title 49, Code of Federal Regulations, or such successor regulations to those accessibility requirements as the Secretary may issue, for transportation provided by an over-the-road bus)” after “Board”.
2005—Subsecs. (b) to (d). Pub. L. 109–59, §4303(a), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–59, §4303(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 109–59, §4104(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “Without regard to subchapter II of chapter 5 of title 5, the Secretary may suspend the registration of a motor carrier, a freight forwarder, or a broker for failure to comply with safety requirements of the Secretary or the safety fitness requirements pursuant to section 13904(c), 13906, or 31144 of this title, or an order or regulation of the Secretary prescribed under those sections.”
Subsec. (e)(2). Pub. L. 109–59, §4104(2), substituted “shall revoke the registration” for “may suspend a registration”.
Subsec. (e)(3). Pub. L. 109–59, §4104(3), added par. (3) and struck out heading and text of former par. (3). Text read as follows: “The Secretary may suspend under this subsection the registration only after giving notice of the suspension to the registrant. The suspension remains in effect until the registrant complies with those applicable sections or, in the case of a suspension under paragraph (2), until the Secretary revokes such suspension.”
Subsec. (f). Pub. L. 109–59, §4303(a)(1), redesignated subsec. (e) as (f).
1999—Subsec. (c). Pub. L. 106–159 inserted par. (1) designation and heading, inserted “(A)” before “suspend”, added cl. (B), realigned par. (1) margins, and added par. (2).
1997—Subsec. (e)(1). Pub. L. 105–102 struck out comma after “31144”.
1996—Subsec. (a). Pub. L. 104–287 substituted “December 31, 1995” for “the day before the effective date of this section”.
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(1)
(2)
(3)
(d)
(e)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 885; amended Pub. L. 104–287, §5(34), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4303(b), (d)(1), Aug. 10, 2005, 119 Stat. 1762, 1763.)
Paragraph (3) of this subsection, referred to in subsec. (a)(1), was redesignated as paragraph (4) of subsec. (a) of this section by Pub. L. 109–59, title IV, §4303(b)(1), Aug. 10, 2005, 119 Stat. 1762.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a)(2), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Provisions similar to those in this section were contained in section 10927 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Pub. L. 109–59, §4303(d)(1), inserted “motor private carriers,” after “motor carriers,” in section catchline.
Subsec. (a)(2) to (4). Pub. L. 109–59, §4303(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
1996—Subsec. (d). Pub. L. 104–287 substituted “January 1, 1996,” for “the effective date of this section”.
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
Section 104(h) of Pub. L. 104–88 provided that: “The Secretary of Transportation shall continue to enforce the rules and regulations of the Interstate Commerce Commission, as in effect on July 1, 1995, governing the qualifications for approval of a motor carrier as a self-insurer, until such time as the Secretary finds it in the public interest to revise such rules. The revised rules must provide for—
“(1) continued ability of motor carriers to qualify as self-insurers; and
“(2) the continued qualification of all carriers then so qualified under the terms and conditions set by the Interstate Commerce Commission or Secretary at the time of qualification.”
[Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.]
1 See References in Text note below.
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(A) rates for the transportation of household goods under the authority of the principal carrier;
(B) accessorial, terminal, storage, or other charges for services incidental to the transportation of household goods transported under the authority of the principal carrier;
(C) allowances relating to transportation of household goods under the authority of the principal carrier; and
(D) ownership of a motor carrier providing transportation of household goods by an agent or membership on the board of directors of any such motor carrier by an agent.
(2)
(e)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 887; amended Pub. L. 104–287, §5(35), Oct. 11, 1996, 110 Stat. 3392.)
This amends 49:13907(e)(1) and (2) for clarity and consistency.
Section 10102(11) of this title, referred to in subsec. (e)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
Subchapter II of chapter 105 of this title, referred to in subsec. (e)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Provisions similar to those in this section were contained in section 10934 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Subsec. (e)(1). Pub. L. 104–287, §5(35)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e)(2). Pub. L. 104–287, §5(35)(B), substituted “December 31, 1995” for “the day before such effective date”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1) the current Department of Transportation identification number system, the single State registration system under section 14504; 1
(2) the registration system contained in this chapter and the financial responsibility information system under section 13906; and
(3) the service of process agent systems under sections 503 and 13304.
(b)
(c)
(d)
(1)
(2)
(3)
(A)
(B)
(i) to any agency of the Federal Government or a State government or any political subdivision of any such government for the access to or retrieval of information and data from the Unified Carrier Registration System for its own use; or
(ii) to any representative of a motor carrier, motor private carrier, leasing company, broker, or freight forwarder (as each is defined in section 14504a) for the access to or retrieval of the individual information related to such entity from the Unified Carrier Registration System for the individual use of such entity.
(e)
(f)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 888; amended Pub. L. 104–287, §5(36), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4304, Aug. 10, 2005, 119 Stat. 1763; Pub. L. 110–244, title III, §301(l), June 6, 2008, 122 Stat. 1617.)
This amends 49:13908(d)(1) for clarity and consistency.
This sets out the effective date of 49:13908.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsec. (a), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
Section 14504, referred to in subsec. (a)(1), was repealed by Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764; Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, effective Jan. 1, 2008.
The effective date of this section, referred to in subsec. (c), probably means the date of enactment of Pub. L. 109–59, which amended this section generally and was approved Aug. 10, 2005.
2008—Subsecs. (e), (f). Pub. L. 110–244 added subsec. (e) and redesignated former subsec. (e) as (f).
2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to issuance of regulations to replace the current Department of Transportation identification number system, the single State registration system under section 14504, the registration system contained in this chapter, and the financial responsibility information system under section 13906 with a single, online, Federal system.
1996—Subsec. (d)(1). Pub. L. 104–287, §5(36)(A), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (e). Pub. L. 104–287, §5(36)(B), substituted “January 1, 1996” for “the effective date of this section”.
Pub. L. 110–53, title XV, §1537(b), Aug. 3, 2007, 121 Stat. 467, provided that: “Not later than October 1, 2007, the Federal Motor Carrier Safety Administration shall issue final regulations to establish the Unified Carrier Registration System, as required by section 13908 of title 49, United States Code, and set fees for the unified carrier registration agreement for calendar year 2007 or subsequent calendar years to be charged to motor carriers, motor private carriers, and freight forwarders under such agreement, as required by 14504a of title 49, United States Code.”
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Except as provided in sections 14504, 14504a, and 14506 of this title, subtitle C (§§4301–4308) of title IV of Pub. L. 109–59 is not intended to prohibit any State or any political subdivision of any State from enacting, imposing, or enforcing any law or regulation with respect to a motor carrier, motor private carrier, broker, freight forwarder, or leasing company that is not otherwise prohibited by law, see section 4302 of Pub. L. 109–59, set out as a note under section 13902 of this title.
1 See References in Text note below.
(a)
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 890.)
Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1) make the arrangement in writing signed by the parties specifying its duration and the compensation to be paid by the motor carrier;
(2) carry a copy of the arrangement in each motor vehicle to which it applies during the period the arrangement is in effect;
(3) inspect the motor vehicles and obtain liability and cargo insurance on them; and
(4) have control of and be responsible for operating those motor vehicles in compliance with requirements prescribed by the Secretary on safety of operations and equipment, and with other applicable law as if the motor vehicles were owned by the motor carrier.
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 890.)
Provisions similar to those in this section were contained in section 11107 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 891.)
The National Labor Relations Act, referred to in subsec. (b), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.
Act of March 23, 1932, commonly known as the Norris-LaGuardia Act, referred to in subsec. (b), is act Mar. 23, 1932, ch. 90, 47 Stat. 70, as amended, which is classified generally to chapter 6 (§101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 29 and Tables.
Provisions similar to those in this section were contained in section 11109 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(2)
(A)
(B)
(i) the level of performance that can be achieved by a well-managed motor carrier transporting household goods;
(ii) the degree of harm to individual shippers which could result from a violation of the regulation;
(iii) the need to set the level of performance at a level sufficient to deter abuses which result in harm to consumers and violations of regulations;
(iv) service requirements of the carriers;
(v) the cost of compliance in relation to the consumer benefits to be achieved from such compliance; and
(vi) the need to set the level of performance at a level designed to encourage carriers to offer service responsive to shipper needs.
(3)
(b)
(1)
(A)
(B)
(C)
(i)
(ii)
(iii)
(2)
(3)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 891; amended Pub. L. 109–59, title IV, §4205, Aug. 10, 2005, 119 Stat. 1753.)
Provisions similar to those in this section were contained in section 11110 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Subsec. (b). Pub. L. 109–59 added pars. (1) and (2), redesignated former par. (2) as (3), and struck out heading and text of former par. (1). Text read as follows: “Every motor carrier providing transportation of household goods subject to jurisdiction under subchapter I of chapter 135, upon request of a prospective shipper, may provide the shipper with an estimate of charges for transportation of household goods and for the proposed services. The Secretary shall not prohibit any such carrier from charging a prospective shipper for providing a written, binding estimate for the transportation and proposed services.”
Pub. L. 106–159, title II, §209(c), Dec. 9, 1999, 113 Stat. 1764, provided that: “The Comptroller General shall conduct a study of the effectiveness of the Department of Transportation's enforcement of household goods consumer protection rules under title 49, United States Code. The study shall also include a review of other potential methods of enforcing such rules, including allowing States to enforce such rules.”
In this subchapter, the following definitions apply:
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 892.)
Provisions similar to those in this section were contained in section 11141 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1) inspect and examine the lands, buildings, and equipment of a carrier or broker; and
(2) inspect and copy any record of—
(A) a carrier, broker, or association; and
(B) a person controlling, controlled by, or under common control with a carrier if the Secretary or Board, as applicable, considers inspection relevant to that person's relation to, or transaction with, that carrier.
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 893.)
Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(2)
(b)
(1) safety needs;
(2) the need to preserve confidential business information and trade secrets and prevent competitive harm;
(3) private sector, academic, and public use of information in the reports; and
(4) the public interest.
(c)
(1)
(2)
(A)
(B)
(C)
(D)
(3)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 105–102, §2(11), Nov. 20, 1997, 111 Stat. 2205.)
This amends 49:14123(c)(2)(B) to correct a grammatical error.
Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1997—Subsec. (c)(2)(B). Pub. L. 105–102 inserted “in” before “no event”.
(a)
(1)
(2)
(3)
(4)
(b)
(1) a certificate of title is issued for a motor vehicle under a law of a jurisdiction that requires or permits indication, on a certificate or title, of a security interest in the motor vehicle if the security interest is indicated on the certificate;
(2) a certificate of title has not been issued and the law of the State where the principal place of business of that carrier is located requires or permits public filing or recording of, or in relation to, that security interest if there has been such a public filing or recording; and
(3) a certificate of title has not been issued and the security interest cannot be perfected under paragraph (2) of this subsection, if the security interest has been perfected under the law (including the conflict of laws rules) of the State where the principal place of business of that carrier is located.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 894.)
Provisions similar to those in this section were contained in section 11304 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(b)
(1) will be in the interest of better service to the public or of economy of operation; and
(2) will not unreasonably restrain competition.
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(e)
(f)
(g)
(h)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 895; amended Pub. L. 104–287, §5(37), Oct. 11, 1996, 110 Stat. 3392.)
This sets out the effective date of 49:14302.
This amends 49:14302(h)(1) and (2) for clarity and consistency.
Section 10102(11) of this title, referred to in subsec. (h)(1), was omitted and a new section 10102 enacted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 20, 1995, 109 Stat. 804, 806, effective Jan. 1, 1996.
Subchapter II of chapter 105 of this title, referred to in subsec. (h)(2), was omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Provisions similar to those in this section were contained in sections 11341 and 11342 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Subsec. (c)(4). Pub. L. 104–287, §5(37)(A), substituted “January 1, 1996” for “the effective date of this section”.
Subsec. (g). Pub. L. 104–287, §5(37)(B), substituted “January 1, 1996,” for “the effective date of this section”.
Subsec. (h)(1). Pub. L. 104–287, §5(37)(C), substituted “December 31, 1995” for “the day before the effective date of this section”.
Subsec. (h)(2). Pub. L. 104–287, §5(37)(D), substituted “December 31, 1995” for “the day before such effective date”.
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1) Consolidation or merger of the properties or franchises of at least 2 carriers into one operation for the ownership, management, and operation of the previously separately owned properties.
(2) A purchase, lease, or contract to operate property of another carrier by any number of carriers.
(3) Acquisition of control of a carrier by any number of carriers.
(4) Acquisition of control of at least 2 carriers by a person that is not a carrier.
(5) Acquisition of control of a carrier by a person that is not a carrier but that controls any number of carriers.
(b)
(1) The effect of the proposed transaction on the adequacy of transportation to the public.
(2) The total fixed charges that result from the proposed transaction.
(3) The interest of carrier employees affected by the proposed transaction.
The Board may impose conditions governing the transaction.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 897.)
Provisions similar to those in this section were contained in sections 11341, 11343, 11344, 11345a, 11348, 11349, and 11351 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Pub. L. 109–59, title IV, §§4305(c), 4306(b), Aug. 10, 2005, 119 Stat. 1773, 1774, added items 14504a and 14506.
Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764, as amended by Pub. L. 110–53, title XV, §1537(c), Aug. 3, 2007, 121 Stat. 467, struck out item 14504 “Registration of motor carriers by a State”, effective Jan. 1, 2008.
(a)
(1)
(A) scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by a motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route;
(B) the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required; or
(C) the authority to provide intrastate or interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter bus operations, or to intrastate bus transportation of any nature in the State of Hawaii.
(2)
(b)
(1)
(2)
(c)
(1)
(2)
(A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;
(B) does not apply to the intrastate transportation of household goods; and
(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.
(3)
(A)
(i) uniform cargo liability rules,
(ii) uniform bills of lading or receipts for property being transported,
(iii) uniform cargo credit rules,
(iv) antitrust immunity for joint line rates or routes, classifications, mileage guides, and pooling, or
(v) antitrust immunity for agent-van line operations (as set forth in section 13907),
if such law, regulation, or provision meets the requirements of subparagraph (B).
(B)
(i) the law, regulation, or provision covers the same subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this part or a regulation issued by the Secretary or the Board under this part; and
(ii) the law, regulation, or provision only applies to a carrier upon request of such carrier.
(C)
(4)
(5)
(d)
(1)
(A) meets all applicable registration requirements under chapter 139 for the interstate transportation of passengers;
(B) meets all applicable vehicle and intrastate passenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and
(C) is providing such service pursuant to a contract for—
(i) transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or
(ii) transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State.
(2)
(3)
(A) as subjecting taxicab service to regulation under chapter 135 or section 31138;
(B) as prohibiting or restricting an airport, train, or bus terminal operator from contracting to provide preferential access or facilities to one or more providers of pre-arranged ground transportation service; and
(C) as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of the records of the State in which the operator is domiciled, by the State or political subdivision by which the operator is licensed to provide such service, or by the motor carrier providing such service, as a condition of providing such service.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 899; amended Pub. L. 105–178, title IV, §4016, June 9, 1998, 112 Stat. 412; Pub. L. 105–277, div. C, title I, §106, Oct. 21, 1998, 112 Stat. 2681–586; Pub. L. 107–298, §2, Nov. 26, 2002, 116 Stat. 2342; Pub. L. 109–59, title IV, §§4105(a), 4206(a), Aug. 10, 2005, 119 Stat. 1717, 1754.)
The Surface Freight Forwarder Deregulation Act of 1986, referred to in subsec. (b)(2), is Pub. L. 99–521, Oct. 22, 1986, 100 Stat. 2993. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 10101 of this title and Tables.
Provisions similar to those in this section were contained in section 11501 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Subsec. (c)(2)(B). Pub. L. 109–59, §4206(a), inserted “intrastate” before “transportation”.
Subsec. (c)(5). Pub. L. 109–59, §4105(a), added par. (5).
2002—Subsec. (d). Pub. L. 107–298 added subsec. (d).
1998—Subsec. (a). Pub. L. 105–178 reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level of service) provided by motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on an interstate route or relating to the implementation of any change in the rates for such transportation or for any charter transportation except to the extent that notice, not in excess of 30 days, of changes in schedules may be required. This subsection shall not apply to intrastate commuter bus operations.”
Subsec. (a)(1). Pub. L. 105–277 substituted “operations, or to intrastate bus transportation of any nature in the State of Hawaii” for “operations” in concluding provisions.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(3)
(4)
(A) an assessment of the motor carrier transportation property at a value that has a higher ratio to the true market value of the motor carrier transportation property than the assessment value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all such other property; and
(B) the collection of ad valorem property tax on the motor carrier transportation property at a tax rate that exceeds the tax ratio rate applicable to taxable property in the taxing district.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 900.)
Provisions similar to those in this section were contained in section 11503a of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(2)
(b)
(1)
(2)
(A) the State and subdivision of residence of the employee (as shown on the employment records of the carrier); and
(B) the State and subdivision in which the employee earned more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year.
(3)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 901.)
Provisions similar to those in this section were contained in section 11504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Section, added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 902; amended Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, related to registration of motor carriers by a State.
Provisions similar to those in this section were contained in section 11506 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Pub. L. 109–59, title IV, §4305(a), Aug. 10, 2005, 119 Stat. 1764, as amended by Pub. L. 110–53, title XV, §1537(c), Aug. 3, 2007, 121 Stat. 467, provided that this section and the item relating to this section in the analysis for this chapter are repealed effective Jan. 1, 2008.
Pub. L. 110–53, title XV, §1537(a), Aug. 3, 2007, 121 Stat. 467, provided that section 14504 of this title, as in effect on Dec. 31, 2006, was to be in effect for the period beginning on Jan. 1, 2007, and ending on the earlier of Jan. 1, 2008, or the effective date of final regulations issued (none issued as of Jan. 1, 2008) pursuant to section 1537(b) of Pub. L. 110–53, set out as a note under section 13908 of this title.
(a)
(1)
(A)
(i) for calendar years 2008 and 2009, has the meaning given the term in section 31101; and
(ii) for years beginning after December 31, 2009, means a self-propelled vehicle described in section 31101.
(B)
(2)
(A)
(i) that is in compliance with the requirements of subsection (e); and
(ii) in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company to which the agreement applies maintains its principal place of business.
(B)
(i) the State in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company maintains its principal place of business is not in compliance with the requirements of subsection (e); or
(ii) the motor carrier, motor private carrier, broker, freight forwarder, or leasing company does not have a principal place of business in the United States.
(3)
(4)
(5)
(A)
(i)
(I) under subchapter I of chapter 135; or
(II) through exemption actions by the former Interstate Commerce Commission under this title.
(ii)
(I) any carrier subject to section 13504; or
(II) any other carrier that the board of directors of the unified carrier registration plan determines to be appropriate pursuant to subsection (d)(4)(C).
(B)
(i) under subchapter I of chapter 135; or
(ii) through exemption actions by the former Interstate Commerce Commission under this title.
(6)
(7) SSRS.—The term “SSRS” means the single state registration system in effect on the date of enactment of this section.
(8)
(9)
(10)
(b)
(c)
(1) to enact, impose, or enforce any requirement or standards with respect to, or levy any fee or charge on, any motor carrier or motor private carrier providing transportation or service subject to jurisdiction under subchapter I of chapter 135 (in this section referred to as an “interstate motor carrier” and an “interstate motor private carrier”, respectively) in connection with—
(A) the registration with the State of the interstate operations of the motor carrier or motor private carrier;
(B) the filing with the State of information relating to the financial responsibility of a motor carrier or motor private carrier pursuant to sections 31138 or 31139;
(C) the filing with the State of the name of the local agent for service of process of the motor carrier or motor private carrier pursuant to sections 1 503 or 13304; or
(D) the annual renewal of the intrastate authority, or the insurance filings, of the motor carrier or motor private carrier, or other intrastate filing requirement necessary to operate within the State if the motor carrier or motor private carrier is—
(i) registered under section 13902 or section 13905(b); and
(ii) in compliance with the laws and regulations of the State authorizing the carrier to operate in the State in accordance with section 14501(c)(2)(A); except with respect to—
(I) intrastate service provided by motor carriers of passengers that is not subject to the preemption provisions of section 14501(a);
(II) motor carriers of property, motor private carriers, brokers, or freight forwarders, or their services or operations, that are described in subparagraphs (B) and (C) of section 14501(c)(2).2
(III) the intrastate transportation of waste or recyclable materials by any carrier; or
(2) to require any interstate motor carrier or motor private carrier that also performs intrastate operations to pay any fee or tax which 3 a carrier engaged exclusively in intrastate operations is exempt.
(d)
(1)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(C)
(D)
(i)
(ii)
(iii)
(iv)
(2)
(A) prescribe uniform forms and formats, for—
(i) the annual submission of the information required by a base-State of a motor carrier, motor private carrier, leasing company, broker, or freight forwarder;
(ii) the transmission of information by a participating State to the Unified Carrier Registration System;
(iii) the payment of excess fees by a State to the designated depository and the distribution of fees by the depository to those States so entitled; and
(iv) the providing of notice by a motor carrier, motor private carrier, broker, freight forwarder, or leasing company to the board of the intent of such entity to change its base-State, and the procedures for a State to object to such a change under subparagraph (C);
(B) provide for the administration of the unified carrier registration agreement, including procedures for amending the agreement and obtaining clarification of any provision of the Agreement;
(C) provide procedures for dispute resolution under the agreement that provide due process for all involved parties; and
(D) designate a depository.
(3)
(A)
(B)
(4)
(A)
(B)
(C)
(D)
(5)
(A)
(B)
(C)
(D)
(6)
(7)
(A)
(i) the administrative costs associated with the unified carrier registration plan and the agreement;
(ii) whether the revenues generated in the previous year and any surplus or shortage from that or prior years enable the participating States to achieve the revenue levels set by the board; and
(iii) the provisions governing fees under subsection (f)(1).
(B)
(i) within 90 days after receiving the board's recommendation under subparagraph (A); and
(ii) after notice and opportunity for public comment.
(8)
(A) the individual was acting within the scope of his or her responsibilities as a director; and
(B) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the right or safety of the party harmed by the individual.
(9)
(10)
(e)
(1)
(A) identifying the State agency that has or will have the legal authority, resources, and qualified personnel necessary to administer the agreement in accordance with the rules and regulations promulgated by the board of directors; and
(B) demonstrating that an amount at least equal to the revenue derived by the State from the unified carrier registration agreement shall be used for motor carrier safety programs, enforcement, or the administration of the UCR plan and UCR agreement.
(2)
(3)
(4)
(5)
(f)
(1)
(i) to a motor carrier, motor private carrier, or freight forwarder under the UCR agreement shall be based on the number of commercial motor vehicles owned or operated by the motor carrier, motor private carrier, or freight forwarder; and
(ii) to a broker or leasing company under the UCR agreement shall be equal to the smallest fee charged to a motor carrier, motor private carrier, and freight forwarder under this paragraph.
(B) The fees shall be determined by the Secretary based upon the recommendation of the board under subsection (d)(7).
(C) The board shall develop for purposes of charging fees no more than 6 and no less than 4 brackets of carriers (including motor private carriers) based on the size of fleet.
(D) The fee scale shall be progressive in the amount of the fee.
(E) The board may ask the Secretary to adjust the fees within a reasonable range on an annual basis if the revenues derived from the fees—
(i) are insufficient to provide the revenues to which the States are entitled under this section; or
(ii) exceed those revenues.
(2)
(3)
(4)
(g)
(1) A State that participated in the SSRS in the last registration year under the SSRS ending before the date of enactment of the Unified Carrier Registration Act of 2005 and complies with subsection (e) is entitled to receive under this section a portion of the revenues generated under the UCR agreement equivalent to the revenues it received under the SSRS in such last registration year, as long as the State continues to comply with subsection (e).
(2) A State that collected intrastate registration fees from interstate motor carriers, interstate motor private carriers, or interstate exempt carriers and complies with subsection (e) is entitled to receive under this section an additional portion of the revenues generated under the UCR agreement equivalent to the revenues it received from such carriers in the last calendar year ending before the date of enactment of the Unified Carrier Registration Act of 2005, as long as the State continues to comply with subsection (e).
(3) States that comply with subsection (e) but did not participate in SSRS during such last registration year shall be entitled under this section to an annual allotment not to exceed $500,000 from the revenues generated under the UCR agreement, as long as the State continues to comply with the provisions of subsection (e).
(4) The amount of revenues generated under the UCR agreement to which a State is entitled under this section shall be calculated by the board and approved by the Secretary.
(h)
(1)
(2)
(3)
(A) On a pro rata basis to each participating State that did not collect revenues under the UCR agreement equivalent to the amount such State is entitled under subsection (g), except that the sum of the gross revenues collected under the UCR agreement by a participating State and the amount distributed to it from the depository shall not exceed the amount to which the State is entitled under subsection (g).
(B) After all distributions under subparagraph (A) have been made, to pay the administrative costs of the UCR plan and the UCR agreement.
(4)
(i)
(1)
(2)
(3)
(4)
(A) prohibits a participating State from issuing citations and imposing reasonable fines and penalties pursuant to the applicable laws and regulations of the State on any motor carrier, motor private carrier, freight forwarder, broker, or leasing company for failure to—
(i) submit information documents as required under subsection (d)(2); or
(ii) pay the fees required under subsection (f); or
(B) authorizes a State to require a motor carrier, motor private carrier, or freight forwarder to display as evidence of compliance any form of identification in excess of those permitted under section 14506 on or in a commercial motor vehicle.
(j)
(Added Pub. L. 109–59, title IV, §4305(b), Aug. 10, 2005, 119 Stat. 1764; amended Pub. L. 110–244, title III, §301(m)–(p), June 6, 2008, 122 Stat. 1617; Pub. L. 110–432, div. A, title VII, §701(d), Oct. 16, 2008, 122 Stat. 4906.)
The date of enactment of this section, referred to in subsec. (a)(7), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
The Federal Advisory Committee Act, referred to in subsec. (d)(9), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
The date of enactment of the Unified Carrier Registration Act of 2005, referred to in subsecs. (e)(1) and (g)(1), (2), is the date of enactment of subtitle C of title IV of Pub. L. 109–59, which was approved Aug. 10, 2005.
2008—Subsec. (a). Pub. L. 110–432, §701(d)(1)(A), inserted “(except as provided in paragraph (5))” after “14506” in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 110–432, §701(d)(1)(B), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “Except as provided in subparagraph (B), the term ‘commercial motor vehicle’ has the meaning such term has under section 31101.”
Subsec. (a)(1)(B). Pub. L. 110–244, §301(m), substituted “determining the size of a motor carrier or motor private carrier's fleet in calculating the fee to be paid by a motor carrier or motor private carrier pursuant to subsection (f)(1), the motor carrier or motor private carrier” for “a motor carrier required to make any filing or pay any fee to a State with respect to the motor carrier's authority or insurance related to operation within such State, the motor carrier”.
Subsec. (a)(5). Pub. L. 110–432, §701(d)(1)(C), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The term ‘motor carrier’ includes all carriers that are otherwise exempt from this part under subchapter I of chapter 135 or exemption actions by the former Interstate Commerce Commission under this title.”
Subsec. (c)(1)(B). Pub. L. 110–244, §301(p)(1), substituted “a” for “the a”.
Subsec. (c)(2). Pub. L. 110–244, §301(n), substituted “exclusively in intrastate operations” for “exclusively in interstate operations”.
Subsec. (d)(4)(C). Pub. L. 110–432, §701(d)(2), inserted before period “, except that a decision to approve the exclusion of carriers from the definition of the term ‘motor carrier’ under subsection (a)(5) shall require an affirmative vote of ¾ of all such directors.”
Subsec. (f)(1)(A)(i). Pub. L. 110–244, §301(p)(2), struck out “in connection with the filing of proof of financial responsibility” before “under the UCR agreement”.
Subsec. (f)(1)(A)(ii). Pub. L. 110–244, §301(o), (p)(3), substituted “under the UCR agreement” for “in connection with such a filing” and struck out “or” before “under this paragraph.”
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
1 So in original. Probably should be “section”.
2 So in original. The period probably should be a semicolon.
A State or political subdivision thereof may not collect or levy a tax, fee, head charge, or other charge on—
(1) a passenger traveling in interstate commerce by motor carrier;
(2) the transportation of a passenger traveling in interstate commerce by motor carrier;
(3) the sale of passenger transportation in interstate commerce by motor carrier; or
(4) the gross receipts derived from such transportation.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 904.)
(a)
(b)
(1) under the International Registration Plan under section 31704;
(2) under the International Fuel Tax Agreement under section 31705 or under an applicable State law if, on October 1, 2006, the State has a form of highway use taxation not subject to collection through the International Fuel Tax Agreement;
(3) under a State law regarding motor vehicle license plates or other displays that the Secretary determines are appropriate;
(4) in connection with Federal requirements for hazardous materials transportation under section 5103; or
(5) in connection with the Federal vehicle inspection standards under section 31136.
(Added Pub. L. 109–59, title IV, §4306(a), Aug. 10, 2005, 119 Stat. 1773; amended Pub. L. 110–244, title III, §301(q), June 6, 2008, 122 Stat. 1617.)
2008—Subsec. (b)(2). Pub. L. 110–244 inserted “or under an applicable State law if, on October 1, 2006, the State has a form of highway use taxation not subject to collection through the International Fuel Tax Agreement” before semicolon at end.
2005—Pub. L. 109–59, title IV, §4206(c), Aug. 10, 2005, 119 Stat. 1757, added items 14710 and 14711.
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 904.)
Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Pub. L. 109–59, title IV, §4214, Aug. 10, 2005, 119 Stat. 1759, provided that:
“(a)
“(1) establish (A) a system for filing and logging consumer complaints relating to household goods motor carriers for the purpose of compiling or linking complaint information gathered by the Department of Transportation and the States with regard to such carriers, (B) a database of the complaints, and (C) a procedure for the public to have access, subject to section 552(a) of title 5, United States Code, to aggregated information and for carriers to challenge duplicate or fraudulent information in the database;
“(2) issue regulations requiring each motor carrier of household goods to submit on a quarterly basis a report summarizing—
“(A) the number of shipments that originate and are delivered for individual shippers during the reporting period by the carrier;
“(B) the number and general category of complaints lodged by consumers with the carrier;
“(C) the number of claims filed with the carrier for loss and damage in excess of $500;
“(D) the number of such claims resolved during the reporting period;
“(E) the number of such claims declined in the reporting period; and
“(F) the number of such claims that are pending at the close of the reporting period; and
“(3) develop a procedure to forward a complaint, including the motor carrier bill of lading number, if known, related to the complaint to a motor carrier named in such complaint and to an appropriate State authority (as defined in section 14710(d) of title 49, United States Code) in the State in which the complainant resides.
“(b)
[For definitions of “carrier”, “household goods”, “motor carrier”, and “Secretary” as used in section 4214 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
(a)
(1) to enforce section 14103 of this title; or
(2) to enforce this part, or a regulation or order of the Secretary or Board, as applicable, when violated by a carrier or broker providing transportation or service subject to jurisdiction under subchapter I or III of chapter 135 of this title or by a foreign motor carrier or foreign motor private carrier providing transportation registered under section 13902 of this title.
(b)
(1) trial is in the judicial district in which the carrier, foreign motor carrier, foreign motor private carrier, or broker operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and
(3) a person participating with a carrier or broker in a violation may be joined in the civil action without regard to the residence of the person.
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 905.)
Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
The Attorney General may, and on request of either the Secretary or the Board shall, bring court proceedings—
(1) to enforce this part or a regulation or order of the Secretary or Board or terms of registration under this part; and
(2) to prosecute a person violating this part or a regulation or order of the Secretary or Board or term of registration under this part.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 905.)
Provisions similar to those in this section were contained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(A)
(B)
(d)
(1)
(2)
(e)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 905.)
Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(c)
(d)
(e)
(f)
(1) payment of the rate for the transportation or service involved;
(2) subsequent refund for overpayment of that rate; or
(3) deduction made under section 3726 of title 31.
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 907.)
Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(2)
(b)
(c)
(1)
(A)
(B)
(C)
(2)
(d)
(1)
(2)
(3)
(4)
(A) in the case of a United States district court, a judicial district of the United States; and
(B) in the case of a State court, the applicable geographic area over which such court exercises jurisdiction.
(e)
(1)
(2)
(A) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(B) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reason for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(f)
(1)
(2)
(3)
(g)
(1)
(2)
(A) the efficient delivery of transportation services;
(B) international and intermodal harmony;
(C) the public interest; and
(D) the interest of carriers and shippers.
(3)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 907; amended Pub. L. 104–287, §5(38), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 109–59, title IV, §4207, Aug. 10, 2005, 119 Stat. 1757.)
Provisions similar to those in this section were contained in sections 10730 and 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Subsec. (f). Pub. L. 109–59 designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
1996—Subsec. (g)(3). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
Pub. L. 109–59, title IV, §4215, Aug. 10, 2005, 119 Stat. 1760, provided that:
“(a)
“(b)
“(1) whether the current regulations provide adequate protection;
“(2) the benefits of purchase by a shipper of insurance to supplement the carrier's limitations on liability; and
“(3) whether there are abuses of the current regulations that leave the shipper unprotected in the event of loss and damage to a shipment of household goods.”
[For definitions of “carrier”, “household goods”, “motor carrier”, and “transportation” as used in section 4215 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 910.)
The Federal Rules of Civil Procedure, referred to in subsec. (c), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Provisions similar to those in this section were contained in section 11708 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(c)
(d)
(1) the shipper submits a claim to the carrier within 120 days after the date the shipment is delivered or the date the delivery is scheduled, whichever is later;
(2) the shipper prevails in such court action; and
(3)(A) the shipper was not advised by the carrier during the claim settlement process that a dispute settlement program was available to resolve the dispute;
(B) a decision resolving the dispute was not rendered through arbitration under this section within the period provided under subsection (b)(8) of this section or an extension of such period under such subsection; or
(C) the court proceeding is to enforce a decision rendered through arbitration under this section and is instituted after the period for performance under such decision has elapsed.
(e)
(1) after resolution of such dispute through arbitration under this section; or
(2) after institution of an arbitration proceeding by the shipper to resolve such dispute under this section but before—
(A) the period provided under subsection (b)(8) for resolution of such dispute (including, if applicable, an extension of such period under such subsection) ends; and
(B) a decision resolving such dispute is rendered.
(f)
(g)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 910; amended Pub. L. 104–287, §5(38), Oct. 11, 1996, 110 Stat. 3392; Pub. L. 106–159, title II, §209(b), Dec. 9, 1999, 113 Stat. 1764; Pub. L. 109–59, title IV, §4208, Aug. 10, 2005, 119 Stat. 1757.)
Provisions similar to those in this section were contained in section 11711 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Subsec. (a). Pub. L. 109–59, §4208(a), inserted “and to determine whether carrier charges, in addition to those collected at delivery, must be paid by shippers for transportation and services related to transportation of household goods” before period at end.
Subsec. (b)(6). Pub. L. 109–59, §4208(b), substituted “$10,000” for “$5,000” in two places.
Subsec. (b)(8). Pub. L. 109–59, §4208(c), substituted “compensation for damages, and an order requiring the payment of additional carrier charges” for “and compensation for damages”.
Subsec. (d)(3). Pub. L. 109–59, §4208(d), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
1999—Subsec. (b)(6). Pub. L. 106–159 substituted “$5000” for “$1000” in two places.
1996—Subsec. (g). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
Subject to review and approval by the Board, motor carriers subject to jurisdiction under subchapter I of chapter 135 (other than motor carriers providing transportation of household goods) and shippers may resolve, by mutual consent, overcharge and under-charge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with section 13702 or, with respect to transportation provided before January 1, 1996, sections 10761 and 10762, as in effect on December 31, 1995. Resolution of such claims among the parties shall not subject any party to the penalties for departing from a tariff.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 912; amended Pub. L. 104–287, §5(39), Oct. 11, 1996, 110 Stat. 3392.)
This amends 49:14709 by setting out the effective date of 49:14709 and for clarity and consistency.
Sections 10761 and 10762, referred to in text, were omitted in the general amendment of this subtitle by Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 804, effective Jan. 1, 1996.
Provisions similar to those in this section were contained in section 11712 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section” and “December 31, 1995” for “the day before the effective date of this section”.
(a)
(b)
(c)
(d)
(Added Pub. L. 109–59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1754; amended Pub. L. 109–115, div. A, title I, §173(a), (b), Nov. 30, 2005, 119 Stat. 2426.)
2005—Subsec. (a). Pub. L. 109–115, §173(a), (e), temporarily substituted “a State authority other than the attorney general of the state may, as parens patriae,” for “a State authority may” in first sentence and inserted second sentence which read as follows: “Any civil action for injunctive relief to enjoin such delivery or transportation or to compel a person to pay a fine or penalty assessed under chapter 149 shall be brought in an appropriate district court of the United States.” See Termination Date of 2005 Amendment note below.
Subsec. (b). Pub. L. 109–115, §173(b), (e), temporarily amended subsec. (b) to read as follows: “
Pub. L. 109–115, div. A, title I, §173(e), Nov. 30, 2005, 119 Stat. 2426, provided that: “The amendments made by this section [amending this section and section 14711 of this title] shall cease to be in effect after September 30, 2006.”
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 109–59, title IV, §4213, Aug. 10, 2005, 119 Stat. 1759, as amended by Pub. L. 111–147, title IV, §422(j), Mar. 18, 2010, 124 Stat. 87; Pub. L. 111–322, title II, §2202(j), Dec. 22, 2010, 124 Stat. 3525; Pub. L. 112–5, title II, §202(j), Mar. 4, 2011, 125 Stat. 17; Pub. L. 112–30, title I, §122(i), Sept. 16, 2011, 125 Stat. 349, provided that:
“(a)
“(b)
“(c)
“(d)
[For definitions of “household goods”, “Secretary”, and “transportation” as used in section 4213 of Pub. L. 109–59, set out above, see section 4202(a) of Pub. L. 109–59, set out as a note under section 13102 of this title.]
(a)
(b)
(1)
(2)
(A) shall review the initiation of a civil action under this section by a State if—
(i) the carrier or broker that is the subject of the action is not registered with the Department of Transportation;
(ii) the license of the carrier or broker for failure to file proof of required bodily injury or cargo liability insurance is pending, or the license has been revoked for any other reason by the Department;
(iii) the carrier is not rated or has received a conditional or unsatisfactory safety rating by the Department; or
(iv) the carrier or broker has been licensed with the Department for less than 5 years; and
(B) may review if the carrier or broker fails to meet criteria developed by the Secretary that are consistent with this section.
(3)
(4) 60
(c)
(1) be heard on all matters arising in such civil action; and
(2) file petitions for appeal of a decision in such civil actions.
(d)
(1) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation; or
(2) prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.
(e)
(1) the venue shall be a Federal judicial district in which—
(A) the carrier, foreign motor carrier, or broker operates;
(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or
(C) where the defendant in the civil action is found;
(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and
(3) a person who participated with a carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.
(f)
(Added Pub. L. 109–59, title IV, §4206(b)(1), Aug. 10, 2005, 119 Stat. 1755; amended Pub. L. 109–115, div. A, title I, §173(c), (d), Nov. 30, 2005, 119 Stat. 2426.)
2005—Subsec. (b)(1). Pub. L. 109–115, §173(c), (e), temporarily inserted at end “The State may initiate a civil action under subsection (a) if it is reviewable under subsection (b)(2).” See Termination Date of 2005 Amendment note below.
Subsec. (b)(4). Pub. L. 109–115, §173(d), (e), temporarily inserted “that is subject to review under subsection (b)(2)” before “if the Secretary”. See Termination Date of 2005 Amendment note below.
Amendment by Pub. L. 109–115 to cease to be in effect after Sept. 30, 2006, see section 173(e) of Pub. L. 109–115, set out as a note under section 14710 of this title.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
2005—Pub. L. 109–59, title IV, §4210(b), Aug. 10, 2005, 119 Stat. 1759, added item 14915.
(a)
(1) does not make the report;
(2) does not specifically, completely, and truthfully answer the question;
(3) does not make, prepare, or preserve the record in the form and manner prescribed;
(4) does not comply with section 13901; or
(5) does not comply with section 13902(c);
is liable to the United States for a civil penalty of not less than $500 for each violation and for each additional day the violation continues; except that, in the case of a person who is not registered under this part to provide transportation of passengers, or an officer, agent, or employee of such person, that does not comply with section 13901 with respect to providing transportation of passengers, the amount of the civil penalty shall not be less than $2,000 for each violation and for each additional day the violation continues.
(b)
(c)
(d)
(1)
(2)
(3)
(e)
(1) to falsify documents used in the transportation of household goods subject to jurisdiction under subchapter I or III of chapter 135 which evidence the weight of a shipment; or
(2) to charge for accessorial services which are not performed or for which the carrier is not entitled to be compensated in any case in which such services are not reasonably necessary in the safe and adequate movement of the shipment;
is liable to the United States for a civil penalty of not less than $2,000 for each violation and of not less than $5,000 for each subsequent violation. Any State may bring a civil action in the United States district courts to compel a person to pay a civil penalty assessed under this subsection.
(f)
(1) the carrier or broker has its principal office;
(2) the carrier or broker was authorized to provide transportation or service under this part when the violation occurred;
(3) the violation occurred; or
(4) the offender is found.
Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.
(g)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 913; amended Pub. L. 109–59, title IV, §4209, Aug. 10, 2005, 119 Stat. 1758.)
The Solid Waste Disposal Act, referred to in subsec. (b), is title II of Pub. L. 89–272, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§6901 et seq.) of Title 42, The Public Health and Welfare. Section 3001 of the Act is classified to section 6921 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.
Provisions similar to those in this section were contained in sections 10751 and 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2005—Subsec. (d). Pub. L. 109–59 designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Pub. L. 106–159, title II, §219, Dec. 9, 1999, 113 Stat. 1768, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
A person—
(1) delivering property to a carrier providing transportation or service subject to jurisdiction under chapter 135 for transportation under this part or for whom that carrier will transport the property as consignor or consignee for that person from a State or territory or possession of the United States to another State or possession, territory, or to a foreign country; and
(2) knowingly accepting or receiving by any means a rebate or offset against the rate for transportation for, or service of, that property contained in a tariff required under section 13702;
is liable to the United States for a civil penalty in an amount equal to 3 times the amount of money that person accepted or received as a rebate or offset and 3 times the value of other consideration accepted or received as a rebate or offset. In a civil action under this section, all money or other consideration received by the person during a period of 6 years before an action is brought under this section may be included in determining the amount of the penalty, and if that total amount is included, the penalty shall be 3 times that total amount.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915.)
Provisions similar to those in this section were contained in section 11902 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(c)
(d)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915; amended Pub. L. 105–102, §2(12), Nov. 20, 1997, 111 Stat. 2205.)
This amends 49:14903(a) to correct a grammatical error.
Provisions similar to those in this section were contained in section 11903 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1997—Subsec. (a). Pub. L. 105–102 inserted “a” before “civil penalty of not more than”.
(a)
(1) offers, grants, gives, solicits, accepts, or receives a rebate for concession, in violation of a provision of this part related to motor carrier transportation subject to jurisdiction under subchapter I of chapter 135; or
(2) by any means assists or permits another person to get transportation that is subject to jurisdiction under that subchapter at less than the rate in effect for that transportation under section 13702,
is liable to the United States for a civil penalty of $200 for the first violation and $250 for a subsequent violation.
(b)
(1)
(2)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 915.)
Provisions similar to those in this section were contained in section 11904 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)
Provisions similar to those in this section were contained in section 11902a of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation provided under this part for carriers or brokers is liable to the United States for a civil penalty of $200 for the first violation and at least $250 for a subsequent violation.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)
Provisions similar to those in this section were contained in section 11906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A person required to make a report to the Secretary or the Board, as applicable, answer a question, or make, prepare, or preserve a record under this part about transportation subject to jurisdiction under subchapter I or III of chapter 135, or an officer, agent, or employee of that person, that—
(1) does not make that report;
(2) does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary or Board, as applicable, requires the question to be answered;
(3) does not make, prepare, or preserve that record in the form and manner prescribed;
(4) falsifies, destroys, mutilates, or changes that report or record;
(5) files a false report or record;
(6) makes a false or incomplete entry in that record about a business related fact or transaction; or
(7) makes, prepares, or preserves a record in violation of an applicable regulation or order of the Secretary or Board;
is liable to the United States for a civil penalty of not more than $5,000.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 916.)
Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(1)
(2)
(b)
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Whoever does not obey a subpoena or requirement of the Secretary or the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
When another civil penalty is not provided under this chapter, a person that violates a provision of this part or a regulation or order prescribed under this part, or a condition of a registration under this part related to transportation that is subject to jurisdiction under subchapter I or III of chapter 135 or a condition of a registration of a foreign motor carrier or foreign motor private carrier under section 13902, is liable to the United States for a civil penalty of $500 for each violation. A separate violation occurs each day the violation continues.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
An act or omission that would be a violation of this part if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a carrier providing transportation or service subject to jurisdiction under chapter 135 that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 917.)
Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
Provisions similar to those in this section were contained in section 11917 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
When a carrier publishes or files a particular rate under section 13702 or participates in such a rate, the published or filed rate is conclusive proof against that carrier, its officers, and agents that it is the legal rate for that transportation or service in a proceeding begun under section 14902 or 14903. A departure, or offer to depart, from that published or filed rate is a violation of those sections.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
Provisions similar to those in this section were contained in section 11916 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(c)
(d)
(1) application has been made for refund or remission of the penalty within 1 year from the date of payment; and
(2) the Board finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 104–88, title I, §103, Dec. 29, 1995, 109 Stat. 918.)
(a)
(1)
(2)
(3)
(b)
(c)
(Added Pub. L. 109–59, title IV, §4210(a), Aug. 10, 2005, 119 Stat. 1758.)
1996—Pub. L. 104–287, §5(40), Oct. 11, 1996, 110 Stat. 3392, made technical amendment to part heading.
1996—Pub. L. 104–287, §5(41), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading.
(a)
(1) to recognize and preserve the inherent advantage of each mode of transportation;
(2) to promote safe, adequate, economical, and efficient transportation;
(3) to encourage sound economic conditions in transportation, including sound economic conditions among carriers;
(4) to encourage the establishment and maintenance of reasonable rates for transportation without unreasonable discrimination or unfair or destructive competitive practices;
(5) to cooperate with each State and the officials of each State on transportation matters; and
(6) to encourage fair wages and working conditions in the transportation industry.
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 921; amended Pub. L. 105–102, §2(13), Nov. 20, 1997, 111 Stat. 2205.)
This amends 49:15101(a) to correct a grammatical error.
Provisions similar to those in this section were contained in section 10101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1997—Subsec. (a). Pub. L. 105–102 struck out “of” after “Government to oversee”.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
Section 106(b) of Pub. L. 104–88 provided that: “Within 3 years after the effective date of this Act [Jan. 1, 1996, except as otherwise provided, see Effective Date note set out under section 701 of this title], the Comptroller General shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report regarding the impact of regulations under part C [of subtitle IV] of title 49, United States Code, on the competitiveness of pipelines and recommend whether to continue, revise, or sunset such regulations. Congress shall take into account the findings of this report when considering the Board's [Surface Transportation Board] reauthorization.”
In this part—
(1)
(2)
(3)
(4)
(5)
(A) property, facilities, instrumentalities, or equipment of any kind related to the movement of property, regardless of ownership or an agreement concerning use; and
(B) services related to that movement, including receipt, delivery, transfer in transit, storage, handling, and interchange of property.
(6)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 921.)
Provisions similar to those in this section were contained in section 10102 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Except as otherwise provided in this part, the remedies provided under this part are in addition to remedies existing under another law or common law.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 922.)
Provisions similar to those in this section were contained in section 10103 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Pub. L. 104–287, §5(42), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading.
(a)
(1) a State and a place in another State;
(2) the District of Columbia and another place in the District of Columbia;
(3) a State and a place in a territory or possession of the United States;
(4) a territory or possession of the United States and a place in another such territory or possession;
(5) a territory or possession of the United States and another place in the same territory or possession;
(6) the United States and another place in the United States through a foreign country; or
(7) the United States and a place in a foreign country.
(b)
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 922.)
Provisions similar to those in this section were contained in section 10501 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1) is not necessary to carry out the transportation policy of section 15101; and
(2) either (A) the transaction or service is of limited scope, or (B) the application, in whole or in part, of the provision is not needed to protect shippers from the abuse of market power.
(b)
(c)
(d)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)
(a)
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)
Provisions similar to those in this section were contained in section 10701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
A pipeline carrier providing transportation or service subject to this part shall establish—
(1) rates and classifications for transportation and service it may provide under this part; and
(2) rules and practices on matters related to that transportation or service.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 923.)
Provisions similar to those in this section were contained in section 10702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1) the effect of the prescribed rate, classification, rule, or practice on the movement of traffic by that carrier;
(2) the need for revenues that are sufficient, under honest, economical, and efficient management, to let the carrier provide that transportation or service; and
(3) the availability of other economic transportation alternatives.
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Provisions similar to those in this section were contained in section 10704 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A pipeline carrier providing transportation or service for the United States Government may transport property for the United States Government without charge or at a rate reduced from the applicable commercial rate. Section 6101(b) to (d) of title 41 does not apply when transportation for the United States Government can be obtained from a carrier lawfully operating in the area where the transportation would be provided.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924; amended Pub. L. 111–350, §5(o)(6), Jan. 4, 2011, 124 Stat. 3853.)
Provisions similar to those in this section were contained in section 10721 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2011—Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
A pipeline carrier providing transportation or service subject to this part may not subject a person, place, port, or type of traffic to unreasonable discrimination.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Provisions similar to those in this section were contained in section 10741 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
A pipeline carrier providing transportation subject to this part shall provide reasonable, proper, and equal facilities that are within its power to provide for the interchange of traffic between, and for the receiving, forwarding, and delivering of property to and from, its respective line and a connecting line of a pipeline, rail, or water carrier under this subtitle.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 924.)
Provisions similar to those in this section were contained in section 10742 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Pub. L. 104–287, §5(43)(A), Oct. 11, 1996, 110 Stat. 3392, struck out duplicative chapter heading and made technical amendments to items for subchapters A and B.
1996—Pub. L. 104–287, §5(43)(B)(i), Oct. 11, 1996, 110 Stat. 3393, made technical amendment to subchapter heading.
(a)
(b)
(1) in writing and forwarded to the requesting person promptly after receipt of the request; or
(2) promptly made available in electronic form.
(c)
(1) has requested such rates or terms under subsection (b); or
(2) has made arrangements with the carrier for a shipment that would be subject to such increased rates or changed terms.
(d)
(e)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 925; amended Pub. L. 104–287, §5(44), Oct. 11, 1996, 110 Stat. 3393.)
Provisions similar to those in this section were contained in section 11101 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Subsec. (e). Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of this section”.
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
1996—Pub. L. 104–287, §5(43)(B)(ii), Oct. 11, 1996, 110 Stat. 3393, made technical amendment to subchapter heading.
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 925.)
Provisions similar to those in this section were contained in section 11141 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1) inspect and examine the lands, buildings, and equipment of a pipeline carrier or lessor; and
(2) inspect and copy any record of—
(A) a pipeline carrier, lessor, or association; and
(B) a person controlling, controlled by, or under common control with a pipeline carrier if the Board considers inspection relevant to that person's relation to, or transaction with, that carrier.
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)
Provisions similar to those in this section were contained in section 11144 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)
Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1998—Pub. L. 105–225, §7(d), Aug. 12, 1998, 112 Stat. 1512, made technical amendment to directory language of Pub. L. 104–287, §5(45)(A), effective Oct. 11, 1996. See 1996 Amendment note below.
1997—Pub. L. 105–102, §3(d)(1)(A), Nov. 20, 1997, 111 Stat. 2215, which directed technical correction of directory language of Pub. L. 104–287, §5(45)(A), by substituting “ENFORCEMENT:” for “ENFORCEMENT,”, could not be executed because “ENFORCEMENT,” does not appear in section 5(45)(A).
Pub. L. 105–102, §2(14), Nov. 20, 1997, 111 Stat. 2205, substituted “pipeline” for “certain” in item 15904.
1996—Pub. L. 104–287, §5(45)(B), Oct. 11, 1996, 110 Stat. 3393, struck out item 15907 “Liability when property is delivered in violation of routing instructions”.
Pub. L. 104–287, §5(45)(A), Oct. 11, 1996, 110 Stat. 3393, as amended by Pub. L. 105–225, struck out duplicative chapter heading.
(a)
(b)
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 926.)
Provisions similar to those in this section were contained in section 11701 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
The Board may bring a civil action to enforce an order of the Board, except a civil action to enforce an order for the payment of money, when it is violated by a pipeline carrier providing transportation subject to this part.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927.)
Provisions similar to those in this section were contained in section 11702 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927.)
Provisions similar to those in this section were contained in section 11703 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(1)
(2)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 927; amended Pub. L. 105–102, §2(15), Nov. 20, 1997, 111 Stat. 2205; Pub. L. 105–225, §7(b)(2), Aug. 12, 1998, 112 Stat. 1511.)
This amends 49:15904(c)(1) to correct an erroneous cross-reference.
Provisions similar to those in this section were contained in section 11705 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1998—Subsec. (c)(1). Pub. L. 105–225 inserted “section” before “15901(b)”.
1997—Subsec. (c)(1). Pub. L. 105–102 substituted “15901(b)” for “section 11501(b)”.
(a)
(b)
(c)
(d)
(e)
(f)
(1) payment of the rate for the transportation or service involved,
(2) subsequent refund for overpayment of that rate, or
(3) deduction made under section 3726 of title 31,
whichever is later.
(g)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 928.)
Provisions similar to those in this section were contained in section 11706 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(c)
(d)
(1) an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance; and
(2) communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that such part of the claim is disallowed, provides reasons for such disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 929.)
Provisions similar to those in this section were contained in section 11707 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1996—Pub. L. 104–287, §5(46), Oct. 11, 1996, 110 Stat. 3393, struck out duplicative chapter heading.
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 930; amended Pub. L. 105–102, §2(16), Nov. 20, 1997, 111 Stat. 2205.)
This amends 49:16101 to redesignate subsection (d) as (c) because no subsection (c) was enacted.
Provisions similar to those in this section were contained in section 11901 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
1997—Subsecs. (c), (d). Pub. L. 105–102 redesignated subsec. (d) as (c).
Chapter effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 701 of this title.
A person required to make a report to the Board, or make, prepare, or preserve a record, under chapter 157 about transportation subject to this part that knowingly and willfully—
(1) makes a false entry in the report or record,
(2) destroys, mutilates, changes, or by another means falsifies the record,
(3) does not enter business related facts and transactions in the record,
(4) makes, prepares, or preserves the record in violation of a regulation or order of the Board, or
(5) files a false report or record with the Board,
shall be fined under title 18 or imprisoned not more than 2 years, or both.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 930.)
Provisions similar to those in this section were contained in section 11909 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
(a)
(b)
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or
(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.
(c)
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
Whoever does not obey a subpena or requirement of the Board to appear and testify or produce records shall be fined under title 18 or imprisoned not more than 1 year, or both.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Provisions similar to those in this section were contained in section 11913 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
When another criminal penalty is not provided under this chapter, a pipeline carrier providing transportation subject to this part, and when that carrier is a corporation, a director or officer of the corporation, or a receiver, trustee, lessee, or person acting for or employed by the corporation that, alone or with another person, willfully violates this part or an order prescribed under this part, shall be fined under title 18 or imprisoned not more than 2 years, or both. A separate violation occurs each day a violation of this part continues.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Provisions similar to those in this section were contained in section 11914 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
An act or omission that would be a violation of this subtitle if committed by a director, officer, receiver, trustee, lessee, agent, or employee of a pipeline carrier providing transportation or service subject to this part that is a corporation is also a violation of this part by that corporation. The penalties of this chapter apply to that violation. When acting in the scope of their employment, the actions and omissions of individuals acting for or employed by that carrier are considered to be the actions and omissions of that carrier as well as that individual.
(Added Pub. L. 104–88, title I, §106(a), Dec. 29, 1995, 109 Stat. 931.)
Provisions similar to those in this section were contained in section 11915 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).
2008—Pub. L. 110–432, div. A, title II, §207(b), div. B, title III, §301(b), title IV, §401(b), Oct. 16, 2008, 122 Stat. 4875, 4946, 4956, added items for chapters 225, 244, and 285.
Pub. L. 110–432, div. B, title III, §303(b), Oct. 16, 2008, 122 Stat. 4951, which directed insertion of the item for chapter 227 after the item for chapter 223, was executed by making the insertion after the item for chapter 225 to reflect the probable intent of Congress.
2007—Pub. L. 110–140, title XI, §1112(b), Dec. 19, 2007, 121 Stat. 1759, substituted “Capital Grants for Class II and Class III Railroads” for “Light Density Rail Line Pilot Projects” in item for chapter 223.
1998—Pub. L. 105–178, title VII, §7202(b), June 9, 1998, 112 Stat. 471, added item for chapter 223.
1997—Pub. L. 105–134, title I, §106(a), Dec. 2, 1997, 111 Stat. 2573, struck out item for chapter 245 “Amtrak Commuter”.
1996—Pub. L. 104–287, §5(56)(B), Oct. 11, 1996, 110 Stat. 3394, added item for chapter 283.
1994—Pub. L. 103–440, title I, §103(b)(1), Nov. 2, 1994, 108 Stat. 4618, added part D and item for chapter 261, struck out former part D “MISCELLANEOUS” and former item for chapter 261 “Law Enforcement . . . 26101”, and added part E and item for chapter 281.
2 So in original. Probably should be “State Rail Plans”.
Pub. L. 110–432, div. A, title I, §§103(b), 104(b), 105(b), 107(b), 109(b), title II, §§203(b), 204(b), 205(b), 208(b), 210(b), title III, §303(b), title IV, §§401(b), 402(e), 406(b), 409(b), 413(b), 418(b), Oct. 16, 2008, 122 Stat. 4856, 4858–4860, 4867, 4869, 4871, 4873, 4876, 4877, 4879, 4883, 4884, 4886, 4887, 4889, 4892, added items 20116 and 20118 to 20120, substituted “Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy” for “Railroad trespassing and vandalism prevention strategy” in item 20151 and “Notification of grade crossing problems” for “Emergency notification of grade crossing problems” in item 20152, and added items 20156 to 20167.
2005—Pub. L. 109–59, title IX, §§9002(a)(2), 9005(b)(2), Aug. 10, 2005, 119 Stat. 1921, 1925, added items 20154 and 20155.
1995—Pub. L. 104–66, title I, §1121(g)(2), Dec. 21, 1995, 109 Stat. 724, struck out item 20116 “Biennial report”.
1994—Pub. L. 103–440, title II, §§206(b), 207(b), 210(b), 211(b), 212(b), 213(b), 214(b), 215(b), 219(b), title III, §§301(b), 302(b), Nov. 2, 1994, 108 Stat. 4621–4624, 4626, 4628, substituted “Biennial” for “Annual” in item 20116 and “cars” for “equipment” in item 20133 and added items 20145 to 20153.
1 Section catchline amended by Pub. L. 110–53 without corresponding amendment of chapter analysis.
2 So in original. Does not conform to section catchline.
The purpose of this chapter is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 863.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20101 | 45:421. | Oct. 16, 1970, Pub. L. 91–458, §101, 84 Stat. 971. |
The words “The Congress declares that” are omitted as surplus. The words “accidents and incidents” are substituted for “accidents” for consistency with the source provisions restated in section 20105(b)(1)(B) of the revised title. The words “and to reduce deaths and injuries to persons and to reduce damage to property caused by accidents involving any carrier of hazardous materials” are omitted as obsolete because they applied to 49 App.:1761 and 1762, that were repealed by section 113(g) of the Hazardous Materials Transportation Act (Public Law 93–633, 88 Stat. 2163).
Pub. L. 110–432, div. A, §1(a), Oct. 16, 2008, 122 Stat. 4848, provided that: “This division [see Tables for classification] may be cited as the ‘Rail Safety Improvement Act of 2008’.”
Pub. L. 110–432, div. B, §1(a), Oct. 16, 2008, 122 Stat. 4907, provided that: “This division [enacting chapters 227, 244, and 285 of this title and sections 24105, 24310, 24316, 24702, 24710, 24711, 24910, and 26106 of this title, amending sections 103, 24101, 24102, 24302, 24308, 24706, 24904, 24905, 26101, and 26104 of this title, enacting provisions set out as notes under sections 24101, 24302, 24305, 24307, 24308, 24405, 24702, 24709, 24711, 24902, and 26106 of this title, and amending provisions set out as a note under section 24101 of this title] may be cited as the ‘Passenger Rail Investment and Improvement Act of 2008’.”
Pub. L. 105–134, §1(a), Dec. 2, 1997, 111 Stat. 2570, provided that: “This Act [enacting section 28103 of this title, amending sections 24101, 24102, 24104, 24301 to 24307, 24309, 24312, 24315, 24701, 24706, 24902, and 24904 of this title, section 8G of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, and section 9101 of Title 31, Money and Finance, repealing sections 24310, 24314, 24501 to 24506, 24702 to 24705, 24707, 24708, and 24903 of this title, and section 1111 of Title 45, Railroads, and enacting provisions set out as notes under this section and sections 24101, 24104, 24301, 24304, 24305, 24307, 24312, 24315, 24501, and 24706 of this title, section 8G of the Appendix to Title 5, and section 172 of Title 26, Internal Revenue Code] may be cited as the ‘Amtrak Reform and Accountability Act of 1997’.”
Pub. L. 103–440, title I, §101, Nov. 2, 1994, 108 Stat. 4615, provided that: “This title [enacting sections 26101 to 26105 of this title, renumbering former sections 26101 and 26102 of this title as 28101 and 28102 of this title, respectively, and enacting provisions set out as notes under section 26101 of this title and section 838 of Title 45, Railroads] may be cited as the ‘Swift Rail Development Act of 1994’.”
Pub. L. 103–440, title II, §201, Nov. 2, 1994, 108 Stat. 4619, provided that: “This title [enacting sections 20145 to 20151 and 21108 of this title, amending sections 103, 20103, 20111, 20116, 20117, 20133, 20142, and 21303 of this title, and enacting provisions set out as a note under section 11504 of this title] may be cited as the ‘Federal Railroad Safety Authorization Act of 1994’.”
Pub. L. 110–432, div. A, title I, §102, Oct. 16, 2008, 122 Stat. 4852, provided that:
“(a)
“(1) Reducing the number and rates of accidents, incidents, injuries, and fatalities involving railroads including train collisions, derailments, and human factors.
“(2) Improving the consistency and effectiveness of enforcement and compliance programs.
“(3) Improving the identification of high-risk highway-rail grade crossings and strengthening enforcement and other methods to increase grade crossing safety.
“(4) Improving research efforts to enhance and promote railroad safety and performance.
“(5) Preventing railroad trespasser accidents, incidents, injuries, and fatalities.
“(6) Improving the safety of railroad bridges, tunnels, and related infrastructure to prevent accidents, incidents, injuries, and fatalities caused by catastrophic failures and other bridge and tunnel failures.
“(b)
“(c)
“(d)
“(1)
“(2)
[For definitions of “railroad”, “Department”, “Secretary”, and “crossing”, as used in section 102 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Pub. L. 110–432, div. A, title I, §106, Oct. 16, 2008, 122 Stat. 4859, provided that: “Not later than December 31, 2008, and annually thereafter, the Secretary shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation on the specific actions taken to implement unmet statutory mandates regarding railroad safety and each open railroad safety recommendation made by the National Transportation Safety Board or the Department's Inspector General.”
[For definitions of “Secretary”, “railroad”, and “Department”, as used in section 106 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “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.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintains the right of way of a railroad;
(D) an employee of a railroad carrier who is a hazmat employee as defined in section 5102(3) of this title;
(E) an employee who inspects, repairs, or maintains locomotives, passenger cars, or freight cars; and
(F) any other employee of a railroad carrier who directly affects railroad safety, as determined by the Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 863; Pub. L. 110–432, div. A, §2(b), title IV, §407, Oct. 16, 2008, 122 Stat. 4850, 4886.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20102(1) | 45:16. | Apr. 14, 1910, ch. 160, §1, 36 Stat. 298; restated June 22, 1988, Pub. L. 100–342, §13(3)(E), 102 Stat. 632. |
| 45:22. | Feb. 17, 1911, ch. 103, §1, 36 Stat. 913; June 7, 1924, ch. 355, §1, 43 Stat. 659; restated June 22, 1988, Pub. L. 100–342, §14(1), 102 Stat. 632. | |
| 45:38 (last sentence). | May 6, 1910, ch. 208, 36 Stat. 350, §1 (last sentence); added June 22, 1988, Pub. L. 100–342, §15(1)(C), 102 Stat. 633. | |
| 45:61(a). | Mar. 4, 1907, ch. 2939, §1(a), 34 Stat. 1415; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; restated Nov. 2, 1978, Pub. L. 95–574, §5, 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, §16(1)(A), 102 Stat. 634. | |
| 45:61(b)(1). | Mar. 4, 1907, ch. 2939, §1(b)(1), 34 Stat. 1415; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; June 22, 1988, Pub. L. 100–342, §16(1)(B), 102 Stat. 634. | |
| 45:431(e). | Oct. 16, 1970, Pub. L. 91–458, §202(e), 84 Stat. 971; restated June 22, 1988, Pub. L. 100–342, §7(a), 102 Stat. 628. | |
| 49:App.:26(a). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(a); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; Aug. 26, 1937, ch. 818, 50 Stat. 835; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; restated June 22, 1988, Pub. L. 100–342, §17(1), 102 Stat. 635. | |
| 20102(2) | (no source). |
Clause (1) is substituted for the source provisions to avoid repeating the definition of “railroad” in each chapter in this part.
Clause (2) is added to distinguish between railroad transportation and the entity providing railroad transportation.
2008—Pub. L. 110–432, §2(b), added pars. (1) and (4) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
Par. (3). Pub. L. 110–432, §407, amended par. (3) generally. Prior to amendment, text read as follows: “ ‘railroad carrier’ means a person providing railroad transportation.”
Pub. L. 110–432, div. A, §2(a), Oct. 16, 2008, 122 Stat. 4849, provided that: “In this division [see Short Title of 2008 Amendment note set out under section 20101 of this title]:
“(1)
“(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
“(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
“(2)
“(3)
“(4)
“(5)
“(6)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(1)
(A) it is in the public interest to grant the waiver;
(B) the waiver is not inconsistent with railroad safety; and
(C) the waiver is necessary to address an actual or impending emergency situation or emergency event.
(2)
(3)
(4)
(5)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 863; Pub. L. 103–440, title II, §217, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–296, title XVII, §1710(b), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 110–432, div. A, title III, §308, Oct. 16, 2008, 122 Stat. 4881.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20103(a) | 45:431(a) (1st sentence cl. (1)). | Oct. 16, 1970, Pub. L. 91–458, §202(a) (1st sentence cl. (1)), (b), (c), 84 Stat. 971. |
| 20103(b) | 45:431(d) (21st–last words). | Oct. 16, 1970, Pub. L. 91–458, §202(d), 84 Stat. 971; restated July 8, 1976, Pub. L. 94–348, §5(a), 90 Stat. 819. |
| 20103(c) | 45:431(d) (1st–20th words). | |
| 20103(d) | 45:431(c). | |
| 20103(e) | 45:431(b). |
In this part, the word “rule” is omitted as being synonymous with “regulation”. The word “standard” is omitted as being included in “regulation”.
In subsection (a), the words “(hereafter in this subchapter referred to as the ‘Secretary’)” in 45:431(a) (1st sentence cl. (1)) are omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section.
In subsection (b), the words “within 180 days after July 8, 1976” are omitted as expired. The word “prescribe” is substituted for “take such action as may be necessary to develop and publish” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (d), the words “after hearing in accordance with subsection (b) of this section” are omitted as surplus because of the language restated in subsection (e) of this section.
2008—Subsec. (d). Pub. L. 110–432, §308(1), substituted “Nonemergency Waivers” for “Waivers” in heading.
Subsec. (e). Pub. L. 110–432, §308(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “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.”
Subsec. (g). Pub. L. 110–432, §308(3), added subsec. (g).
2002—Subsec. (a). Pub. L. 107–296 inserted at end “When prescribing a security regulation or issuing a security order that affects the safety of railroad operations, the Secretary of Homeland Security shall consult with the Secretary.”
1994—Subsec. (f). Pub. L. 103–440 added subsec. (f).
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Section 4(t) of Pub. L. 103–272 provided that:
“(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)
“(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)
Pub. L. 110–432, div. A, title IV, §405, Oct. 16, 2008, 122 Stat. 4885, provided that:
“(a)
“(b)
“(c)
“(d)
[For definitions of “Secretary” and “railroad”, as used in section 405 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Pub. L. 110–432, div. A, title IV, §414, Oct. 16, 2008, 122 Stat. 4889, provided that: “Not later than 120 days after the date of enactment of this Act [Oct. 16, 2008], each railroad carrier shall, with respect to each of its tunnels which—
“(1) are longer than 1000 feet and located under a city with a population of 400,000 or greater; or
“(2) carry 5 or more scheduled passenger trains per day, or 500 or more carloads of poison- or toxic-by-inhalation hazardous materials (as defined in parts [probably should be “sections”] 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations) per year,
maintain, for at least two years, historical documentation of structural inspection and maintenance activities for such tunnels, including information on the methods of ingress and egress into and out of the tunnel, the types of cargos typically transported through the tunnel, and schematics or blueprints for the tunnel, when available. Upon request, a railroad carrier shall provide periodic briefings on such information to the governments of the local jurisdiction in which the tunnel is located, including updates whenever a repair or rehabilitation project substantially alters the methods of ingress and egress. Such governments shall use appropriate means to protect and restrict the distribution of any security sensitive information (as defined in part [probably should be “section”] 1520.5 of title 49, Code of Federal Regulations) provided by the railroad carrier under this section, consistent with national security interests.”
[For definition of “railroad carrier”, as used in section 414 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Pub. L. 110–432, div. A, title IV, §417, Oct. 16, 2008, 122 Stat. 4890, provided that:
“(a)
“(b)
“(1) to develop and maintain an accurate inventory of its railroad bridges, which shall identify the location of each bridge, its configuration, type of construction, number of spans, span lengths, and all other information necessary to provide for the safe management of the bridges;
“(2) to ensure that a professional engineer competent in the field of railroad bridge engineering, or a qualified person under the supervision of the track owner, determines bridge capacity;
“(3) to maintain, and update as appropriate, a record of the safe capacity of each bridge which carries its track and, if available, maintain the original design documents of each bridge and a documentation of all repairs, modifications, and inspections of the bridge;
“(4) to develop, maintain, and enforce a written procedure that will ensure that its bridges are not loaded beyond their capacities;
“(5) to conduct regular comprehensive inspections of each bridge, at least once every year, and maintain records of those inspections that include the date on which the inspection was performed, the precise identification of the bridge inspected, the items inspected, an accurate description of the condition of those items, and a narrative of any inspection item that is found by the inspector to be a potential problem;
“(6) to ensure that the level of detail and the inspection procedures are appropriate to the configuration of the bridge, conditions found during previous inspections, and the nature of the railroad traffic moved over the bridge, including car weights, train frequency and length, levels of passenger and hazardous materials traffic, and vulnerability of the bridge to damage;
“(7) to ensure that an engineer who is competent in the field of railroad bridge engineering—
“(A) is responsible for the development of all inspection procedures;
“(B) reviews all inspection reports; and
“(C) determines whether bridges are being inspected according to the applicable procedures and frequency, and reviews any items noted by an inspector as exceptions; and
“(8) to designate qualified bridge inspectors or maintenance personnel to authorize the operation of trains on bridges following repairs, damage, or indications of potential structural problems.
“(c)
“(d)
[For definitions of “Secretary”, “railroad”, and “railroad carrier”, as used in section 417 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 864; Pub. L. 110–432, div. A, title III, §304, Oct. 16, 2008, 122 Stat. 4879.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20104(a) | 45:432(a), (d). | Oct. 16, 1970, Pub. L. 91–458, §203, 84 Stat. 972; restated Oct. 10, 1980, Pub. L. 96–423, §3, 94 Stat. 1811. |
| 20104(b) | 45:432(b), (c). | |
| 20104(c) | 45:432(e). |
In subsection (a)(1), the words “or both” are omitted as surplus. The words “immediately may order restrictions and prohibitions . . . that may be necessary to abate the situation” are substituted for “may immediately issue an order . . . imposing such restrictions or prohibitions as may be necessary to bring about the abatement of such emergency situation” to eliminate unnecessary words.
In subsection (a)(2), the words “or a combination of conditions and practices” are added for consistency with paragraph (1). The words “(as determined by the Secretary)” are omitted as surplus. The last sentence is substituted for 45:432(d) (last sentence) for clarity.
In subsection (b), the words “the Secretary” are added for clarity.
In subsection (c), the words “issue an order” are substituted for “seek relief” for consistency in this section. The words “The action must be brought in the judicial district” are substituted for “for the judicial district” for consistency in the revised title.
2008—Subsec. (a)(1). Pub. L. 110–432 substituted “death, personal injury, or significant harm to the environment” for “death or personal injury”.
(a)
(b)
(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 concerned, 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 concerned under subsection (a) of this section; and
(B) a report, in the form the Secretary concerned 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 concerned), 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 concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, 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 concerned 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 concerned decides the State authority is not complying satisfactorily with the investigative and surveillance activities prescribed under subsection (a) of this section, the Secretary concerned may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The Secretary concerned must give the authority notice and an opportunity for a hearing before taking action under this paragraph. When the Secretary concerned 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 concerned.
(c)
(2) The Secretary concerned 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 concerned 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)
(e)
(f)
(g)
(1) the term “safety” includes security; and
(2) the term “Secretary concerned” means—
(A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
(B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 864; Pub. L. 107–296, title XVII, §1710(a), Nov. 25, 2002, 116 Stat. 2319.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20105(a) | 45:435(a) (1st sentence related to authority for State participation). | Oct. 16, 1970, Pub. L. 91–458, §206(a) (1st sentence), (b), (f), 84 Stat. 972, 973, 974; Nov. 16, 1990, Pub. L. 101–615, §28(a)(1)–(3), (b), (c), 104 Stat. 3276, 3277. |
| 20105(b) (1)(A) | 45:435(a) (1st sentence related to contents of certification). | |
| 20105(b) (1)(B) | 45:435(b) (1st sentence). | |
| 20105(b)(2) | 45:435(f). | |
| 20105(b)(3) | 45:435(b) (2d–last sentences). | |
| 20105(c) | 45:435(c). | Oct. 16, 1970, Pub. L. 91–458, §206(c), (e), 84 Stat. 973, 974. |
| 20105(d) | 45:435(g). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §206(g); added Oct. 10, 1980, Pub. L. 96–423, §4(a), 94 Stat. 1812. |
| 20105(e) | 45:435(d). | Oct. 16, 1970, Pub. L. 91–458, §206(d), 84 Stat. 974; Oct. 10, 1980, Pub. L. 96–423, §4(b), 94 Stat. 1812. |
| 20105(f) | 45:435(e). |
In subsection (a), the first sentence is added for clarity.
In subsection (b)(1)(A)(iii), the words “as necessary for the enforcement by him of each rule, regulation, order, and standard referred to in paragraph (2) of this subsection, as interpreted by the Secretary” are omitted as surplus.
In subsection (b)(1)(B)(i) and (ii), the words “railroad carrier” are substituted for “railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.
In subsection (b)(1)(B)(iii), the words “a detail of” are omitted as surplus.
In subsection (b)(3), the text of 45:435(b) (2d sentence) and the words “as he deems”, “reasonable”, and “with respect to such safety rules, regulations, orders, and standards” are omitted as surplus.
In subsection (c)(1), the word “enforce” is substituted for “obtain compliance with” for clarity and consistency in this section.
In subsection (e), the words “out of funds appropriated pursuant to this subchapter or otherwise made available”, “reasonably”, and “satisfactory” are omitted as surplus. The words “will be at least as much as the average amount expended” are substituted for “will be maintained at a level which does not fall below the average level of such expenditures” for clarity and to eliminate unnecessary words.
2002—Subsec. (a). Pub. L. 107–296, §1710(a)(2), substituted “the Secretary concerned” for “the Secretary” in second sentence.
Pub. L. 107–296, §1710(a)(1), substituted “The Secretary concerned” for “The Secretary of Transportation” in first sentence.
Subsecs. (b), (c). Pub. L. 107–296, §1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.
Subsec. (d). Pub. L. 107–296, §1710(a)(2), (3), substituted “Secretary concerned” for “Secretary” and “duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “Secretary's duties under chapters 203–213 of this title”.
Subsec. (e). Pub. L. 107–296, §1710(a)(2), substituted “Secretary concerned” for “Secretary” wherever appearing.
Subsec. (f). Pub. L. 107–296, §1710(a)(2), (4), substituted “Secretary concerned” for “Secretary” and “chapter (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security)” for “chapter”.
Subsec. (g). Pub. L. 107–296, §1710(a)(5), added subsec. (g).
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
1 So in original. Probably should be “Secretary concerned”.
(a)
(2) A State may adopt or continue in force a law, regulation, or order related to railroad safety or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), 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 or security when the law, regulation, or order—
(A) is necessary to eliminate or reduce an essentially local safety or security hazard;
(B) is not incompatible with a law, regulation, or order of the United States Government; and
(C) does not unreasonably burden interstate commerce.
(b)
(A) has failed to comply with the Federal standard of care established by a regulation or order issued by the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), covering the subject matter as provided in subsection (a) of this section;
(B) has failed to comply with its own plan, rule, or standard that it created pursuant to a regulation or order issued by either of the Secretaries; or
(C) has failed to comply with a State law, regulation, or order that is not incompatible with subsection (a)(2).
(2) This subsection shall apply to all pending State law causes of action arising from events or activities occurring on or after January 18, 2002.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 866; Pub. L. 107–296, title XVII, §1710(c), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 110–53, title XV, §1528, Aug. 3, 2007, 121 Stat. 453.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20106 | 45:434. | Oct. 16, 1970, Pub. L. 91–458, §205, 84 Stat. 972. |
In this section, before clause (1), the words “The Congress declares that” are omitted as unnecessary. In clause (3), the word “unreasonably” is substituted for “undue” for consistency in the revised title and with other titles of the United States Code.
2007—Pub. L. 110–53 amended section generally. Prior to amendment, text of section read as follows: “Laws, regulations, and orders related to railroad safety and laws, regulations, and orders related to railroad security 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 or security until the Secretary of Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters), 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 or security when the law, regulation, or order—
“(1) is necessary to eliminate or reduce an essentially local safety or security hazard;
“(2) is not incompatible with a law, regulation, or order of the United States Government; and
“(3) does not unreasonably burden interstate commerce.”
2002—Pub. L. 107–296, §1710(c), in introductory provisions, in first sentence inserted “and laws, regulations, and orders related to railroad security” after “safety”, in second sentence substituted “Transportation (with respect to railroad safety matters), or the Secretary of Homeland Security (with respect to railroad security matters),” for “Transportation”, and in second and third sentences inserted “or security” after “order related to railroad safety”.
Par. (1). Pub. L. 107–296, §1710(c)(2), inserted “or security” after “safety”.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
(a)
(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)
(c)
(1)
(A) Intercepting a radio communication, with or without the consent of the sender or other receivers of the communication, but only where such communication is broadcast or transmitted over a radio frequency which is—
(i) authorized for use by one or more railroad carriers by the Federal Communications Commission; and
(ii) primarily used by such railroad carriers for communications in connection with railroad operations.
(B) Communicating the existence, contents, substance, purport, effect, or meaning of the communication, subject to the restrictions in paragraph (3).
(C) Receiving or assisting in receiving the communication (or any information therein contained).
(D) Disclosing the contents, substance, purport, effect, or meaning of the communication (or any part thereof of such communication) or using the communication (or any information contained therein), subject to the restrictions in paragraph (3), after having received the communication or acquired knowledge of the contents, substance, purport, effect, or meaning of the communication (or any part thereof).
(E) Recording the communication by any means, including writing and tape recording.
(2)
(3)
(i) in a prosecution of a felony under Federal or State criminal law; or
(ii) to impeach evidence offered by a party other than the Federal Government regarding the existence, electronic characteristics, content, substance, purport, effect, meaning, or timing of, or identity of parties to, a communication intercepted pursuant to paragraphs (1) and (2) in proceedings pursuant to section 5122, 5123, 20702(b), 20111, 20112, 20113, or 20114 of this title.
(B) If information obtained through activities set forth in paragraphs (1) and (2) is admitted into evidence for impeachment purposes in accordance with subparagraph (A), the court, administrative law judge, or other officer before whom the proceeding is conducted may make such protective orders regarding the confidentiality or use of the information as may be appropriate in the circumstances to protect privacy and administer justice.
(C) No evidence shall be excluded in an administrative or judicial proceeding solely because the government would not have learned of the existence of or obtained such evidence but for the interception of information that is not admissible in such proceeding under subparagraph (A).
(D) Information obtained through activities set forth in paragraphs (1) and (2) shall not be subject to publication or disclosure, or search or review in connection therewith, under section 552 of title 5.
(E) Nothing in this subsection shall be construed to impair or otherwise affect the authority of the United States to intercept a communication, and collect, retain, analyze, use, and disseminate the information obtained thereby, under a provision of law other than this subsection.
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 866; Pub. L. 110–432, div. A, title III, §306, Oct. 16, 2008, 122 Stat. 4880.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20107(a) | 45:437(a) (1st sentence words before 9th and after 14th commas). | Oct. 16, 1970, Pub. L. 91–458, §208(a) (1st sentence words before 9th and after 14th commas), 84 Stat. 974, 975. |
| 45:437(d)(1) (1st sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1813. | |
| 20107(b) | 45:437(b). | Oct. 16, 1970, Pub. L. 91–458, §208(b), 84 Stat. 975; restated Nov. 2, 1978, Pub. L. 95–574, §9, 92 Stat. 2462; Oct. 10, 1980, Pub. L. 96–423, §6(a), 94 Stat. 1813. |
In subsection (a), before clause (1), the words “To carry out this part, the Secretary of Transportation may” are substituted for “In carrying out his functions under this subchapter, the Secretary is authorized to perform . . . to carry out the provisions of this subchapter” and “In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section . . . to carry out such transferred functions” to eliminate unnecessary words. In clause (2), the word “entity” is substituted for “bodies” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “In carrying out this part” are substituted for “To carry out the Secretary's responsibilities under this subchapter and under the functions transferred by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix” to eliminate unnecessary words. The word “way” is substituted for “manner” for consistency in the revised title and with other titles of the Code. The word “examine” is omitted as being included in “inspect”. The word “considered” is omitted as surplus.
2008—Subsec. (c). Pub. L. 110–432 added subsec. (c).
Pub. L. 110–432, div. A, title IV, §416, Oct. 16, 2008, 122 Stat. 4890, provided that: “Mechanical and brake inspections of rail cars performed in Mexico shall not be treated as satisfying United States rail safety laws or regulations unless the Secretary of Transportation certifies that—
“(1) such inspections are being performed under regulations and standards equivalent to those applicable in the United States;
“(2) the inspections are being performed by employees that have received training similar to the training received by similar railroad employees in the United States;
“(3) inspection records that are required to be available to the crewmembers on board the train, including air slips and blue cards, are maintained in both English and Spanish, and such records are available to the Federal Railroad Administration for review; and
“(4) the Federal Railroad Administration is permitted to perform onsite inspections for the purpose of ensuring compliance with the requirements of this subsection [sic].”
[For definition of “railroad”, as used in section 416 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 867.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20108(a) | 45:431(a) (1st sentence cl. (2)). | Oct. 16, 1970, Pub. L. 91–458, §§202(a) (1st sentence cl. (2)), 208(a) (1st sentence words before 3d comma and between 9th–14th commas), 84 Stat. 971, 974. |
| 20108(b) | 45:437(a) (1st sentence words before 3d comma and between 9th–14th commas). | |
| 45:437(d)(1) (1st sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1813. | |
| 20108(c) | 45:444(a) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §214(a) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, §2, 94 Stat. 1811; Aug. 13, 1981, Pub. L. 97–35, §1195, 95 Stat. 702; Jan. 14, 1983, Pub. L. 97–468, §703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, §2, 102 Stat. 624; Nov. 5, 1990, Pub. L. 101–508, §10501(b), 104 Stat. 1388–400; restated Sept. 3, 1992, Pub. L. 102–365, §12, 106 Stat. 980. |
In subsection (b), the words “To carry out this part, the Secretary may” are substituted for “In carrying out his functions under this subchapter, the Secretary is authorized to perform such acts including, but not limited to . . . as he deems necessary to carry out the provisions of this subchapter” and “In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section that he considers necessary to carry out such transferred functions, including, but not limited to” to eliminate unnecessary words.
(a)
(1) to provide information, directly cause information to be provided, or otherwise directly assist in any investigation regarding any conduct which the employee reasonably believes constitutes a violation of any Federal law, rule, or regulation relating to railroad safety or security, or gross fraud, waste, or abuse of Federal grants or other public funds intended to be used for railroad safety or security, if the information or assistance is provided to or an investigation stemming from the provided information is conducted by—
(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.; Public Law 95–452);
(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
(C) a person with supervisory authority over the employee or such other person who has the authority to investigate, discover, or terminate the misconduct;
(2) to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety or security;
(3) to file a complaint, or directly cause to be brought a proceeding related to the enforcement of this part or, as applicable to railroad safety or security, chapter 51 or 57 of this title, or to testify in that proceeding;
(4) to notify, or attempt to notify, the railroad carrier or the Secretary of Transportation of a work-related personal injury or work-related illness of an employee;
(5) to cooperate with a safety or security investigation by the Secretary of Transportation, the Secretary of Homeland Security, or the National Transportation Safety Board;
(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, State, or local regulatory or law enforcement agency as to the facts relating to any accident or incident resulting in injury or death to an individual or damage to property occurring in connection with railroad transportation; or
(7) to accurately report hours on duty pursuant to chapter 211.
(b)
(A) reporting, in good faith, a hazardous safety or security condition;
(B) refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee's duties, if the conditions described in paragraph (2) exist; or
(C) refusing to authorize the use of any safety-related equipment, track, or structures, if the employee is responsible for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) exist.
(2) A refusal is protected under paragraph (1)(B) and (C) 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 without such refusal; and
(C) the employee, where possible, has notified the railroad carrier of the existence of the hazardous condition and the intention not to perform further work, or not to authorize the use of the hazardous equipment, track, or structures, unless the condition is corrected immediately or the equipment, track, or structures are repaired properly or replaced.
(3) In this subsection, only paragraph (1)(A) shall apply to security personnel employed by a railroad carrier to protect individuals and property transported by railroad.
(c)
(1)
(2)
(d)
(1)
(2)
(A)
(i)
(ii)
(iii)
(B)
(3)
(4)
(e)
(1)
(2)
(A) reinstatement with the same seniority status that the employee would have had, but for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees.
(3)
(f)
(g)
(h)
(i)
(1) Except as provided in paragraph (2) of this subsection, or with the written consent of the employee, the Secretary of Transportation or the Secretary of Homeland Security 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 or security, chapter 51 or 57 of this title, or a regulation prescribed or order issued under any of those provisions.
(2) The Secretary of Transportation or the Secretary of Homeland Security shall disclose to the Attorney General the name of an employee described in paragraph (1) if the matter is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable advance notice to the affected employee if disclosure of that person's identity or identifying information is to occur.
(j)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 867; Pub. L. 110–53, title XV, §1521, Aug. 3, 2007, 121 Stat. 444; Pub. L. 110–432, div. A, title IV, §419, Oct. 16, 2008, 122 Stat. 4892.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20109(a) | 45:441(a). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(a)–(c)(1), (d); added Oct. 10, 1980, Pub. L. 96–423, §10, 94 Stat. 1815. |
| 45:441(e). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(e); added Oct. 10, 1980, Pub. L. 96–423, §10, 94 Stat. 1815; Sept. 3, 1992, Pub. L. 102–365, §5(b), 106 Stat. 975. | |
| 20109(b) | 45:441(b). | |
| 20109(c) | 45:441(c)(1). | |
| 45:441(c)(2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(c)(2); added Oct. 10, 1980, Pub. L. 96–423, §10, 94 Stat. 1815; restated June 22, 1988, Pub. L. 100–342, §5(a), 102 Stat. 627. | |
| 20109(d) | 45:441(d). | |
| 20109(e) | 45:441(e). | |
| 45:441(f). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §212(f); added June 22, 1988, Pub. L. 100–342, §5(b), 102 Stat. 627. |
In subsections (a) and (b), the words “railroad carrier” are substituted for “common carrier by railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.
In subsection (a)(1), the words “under or” are omitted as surplus.
In subsection (b)(1)(B), before subclause (i), the words “the hazardous condition is of such a nature that” are omitted as surplus. The word “individual” is substituted for “person” as being more appropriate. In subclause (ii), the words “resort to” are omitted as surplus.
In subsection (b)(1)(C), the words “his apprehension of” are omitted as surplus.
In subsection (b)(2), the words “by a carrier . . . transported by railroad” are substituted for “by a railroad . . . transported by such railroad” for consistency in the revised title.
Subsection (d) is substituted for 45:441(d) for clarity and to eliminate unnecessary words.
Subsection (e)(2) is substituted for 45:441(f)(2) to eliminate unnecessary words.
The Inspector General Act of 1978, referred to in subsec. (a)(1)(A), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
2008—Subsec. (c). Pub. L. 110–432, §419(a)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–432, §419(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 110–432, §419(b)(1)(A), substituted “(a), (b), or (c)” for “(a) or (b)”.
Subsec. (d)(2)(A)(i). Pub. L. 110–432, §419(b)(1)(B), substituted “(d)(1)” for “(c)(1)”.
Subsec. (d)(2)(A)(ii). Pub. L. 110–432, §419(b)(1)(C), substituted “(a), (b), or (c)” for “(a) or (b)”.
Subsec. (e). Pub. L. 110–432, §419(a)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(1). Pub. L. 110–432, §419(b)(2)(A), substituted “(d)” for “(c)”.
Subsec. (e)(2). Pub. L. 110–432, §419(b)(2)(B), (C), substituted “(d)” for “(c)” and “(d)(3)” for “(c)(3)” in introductory provisions.
Subsec. (e)(3). Pub. L. 110–432, §419(b)(2)(D), substituted “(d)” for “(c)”.
Subsecs. (f) to (j). Pub. L. 110–432, §419(a)(1), redesignated subsecs. (e) to (i) as (f) to (j), respectively.
2007—Pub. L. 110–53 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to prohibition against discharge or discrimination for filing of complaints or testifying, prohibition against discharge or discrimination for refusal to work because of hazardous conditions, dispute resolution, election of remedies, and nondisclosure of identity of employee who had provided information regarding a violation.
Pub. L. 110–432, div. A, title IV, §410, Oct. 16, 2008, 122 Stat. 4887, provided that:
“(a)
“(b)
“(1) relieving an employee who was involved in a critical incident of his or her duties for the balance of the duty tour, following any actions necessary for the safety of persons and contemporaneous documentation of the incident;
“(2) upon the employee's request, relieving an employee who witnessed a critical incident of his or her duties following any actions necessary for the safety of persons and contemporaneous documentation of the incident; and
“(3) providing such leave from normal duties as may be necessary and reasonable to receive preventive services, treatment, or both, related to the incident.
“(c)
[For definitions of “railroad carrier” and “Secretary”, as used in section 410 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
1 So in original. Probably should be preceded by “subsection”.
2 So in original. Probably should be preceded by “section”.
3 So in original. The comma probably should not appear.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 868.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20110 | 45:431(a) (2d, last sentences). | Oct. 16, 1970, Pub. L. 91–458, §202(a) (2d, last sentences), 84 Stat. 971. |
In clause (2), the words “railroad carriers” are substituted for “common carriers” for consistency in this part.
The Railway Labor Act, referred to in par. (2), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
(a)
(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)
(c)
(1) If an individual's violation of this part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Secretary under this part or chapter 51 of this title is shown to make that individual unfit for the performance of safety-sensitive functions, the Secretary, after providing notice and an 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.
(2) This subsection does not affect the Secretary's authority under section 20104 of this title to act on an emergency basis.
(d)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 868; Pub. L. 103–440, title II, §205, Nov. 2, 1994, 108 Stat. 4620; Pub. L. 110–432, div. A, title III, §305, Oct. 16, 2008, 122 Stat. 4879.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20111(a) | 45:435(a) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, §206(a) (last sentence), 84 Stat. 973; Nov. 16, 1990, Pub. L. 101–615, §28(a)(4), 104 Stat. 3276. |
| 20111(b) | 45:437(a) (2d sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(a) (2d sentence); added Jan. 3, 1975, Pub. L. 93–633, §206, 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, §8, 102 Stat. 628. |
| 45:437(d)(1) (last sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(1) (last sentence); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1814. | |
| 20111(c) | 45:438(f). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §209(f); added June 22, 1988, Pub. L. 100–342, §3(a)(4), 102 Stat. 625. |
| 20111(d) | 45:437 (note). | Sept. 3, 1992, Pub. L. 102–365, §3, 106 Stat. 972. |
In this section, the word “impose” is substituted for “assess” for consistency.
In subsection (b), the word “further” is omitted as surplus.
In subsection (d), the words “this part, chapter 51 or 57 of this title” are substituted for “the Federal railroad safety laws, as such term is defined in section 441(e) of this title” because 45:441(e) is not restated as a definition.
2008—Subsec. (c). Pub. L. 110–432 amended subsec. (c) generally. Prior to amendment, text read as follows: “If an individual's violation of this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or 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.”
1994—Subsec. (c). Pub. L. 103–440 inserted “this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e)(1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or” after “individual's violation of”.
(a)
(1) to enjoin a violation of, or to enforce, this part, except for section 20109 of this title, or 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, 21302, or 21303 of this title; or
(3) to enforce a subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition issued by the Secretary under this part.
(b)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 869; Pub. L. 110–432, div. A, title III, §309, Oct. 16, 2008, 122 Stat. 4882.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20112(a) | 45:437(a) (last sentence related to authority to bring actions). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(a) (last sentence); added June 22, 1988, Pub. L. 100–342, §8, 102 Stat. 628. |
| 45:437(d)(2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §208(d)(2); added Oct. 10, 1980, Pub. L. 96–423, §6(b), 94 Stat. 1814. | |
| 45:438(c) (4th sentence related to authority to bring actions). | Oct. 16, 1970, Pub. L. 91–458, §209(c) (4th sentence), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §8(a), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §3(a)(3)(A), (B), 102 Stat. 624. | |
| 45:439(a) (related to actions by Attorney General). | Oct. 16, 1970, Pub. L. 91–458, §210(a) (related to actions by Attorney General), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, §28(f), 104 Stat. 3277. | |
| 20112(b)(1) | 45:438(c) (4th sentence related to venue). | |
| 45:439(c) (related to actions by Attorney General). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §210(c) (related to actions by Attorney General); added Oct. 10, 1980, Pub. L. 96–423, §9(b), 94 Stat. 1815. | |
| 20112(b)(2) | 45:437(a) (last sentence related to venue). |
In subsection (a), before clause (1), the words “At the request of the Secretary of Transportation” are substituted for “at the request of the Secretary” in 45:439(a), and are made applicable to all of the source provisions restated in this subsection, for clarity and consistency. The words “at the request of the Secretary” in 45:439(a) are interpreted and restated to mean that the Secretary's request is to the Attorney General rather than to the district court. See H.R. Rept. No. 91–1194, 91st Cong., 2d Sess., p. 20 (1970). The words “the Attorney General may bring a civil action in a district court of the United States” are substituted for “such district court shall have jurisdiction, upon petition by the Attorney General” in 45:437(a) (last sentence), “The district courts of the United States shall have jurisdiction, upon petition by the Attorney General” in 45:437(d)(2), and “The United States district court shall . . . upon petition by the Attorney General on behalf of the United States . . . have jurisdiction” in 45:439(a) for clarity and consistency. It is not necessary to restate that the district court has jurisdiction because of 28:1331 and 1345. See also the statement of Senator Prouty in 115 Cong. Rec. 40205 (1969) explaining that similar language in section 110 of S. 1933, 91st Cong., 1st Sess. (the derivative source for 45:439) would grant the Attorney General the power to seek injunctions. Clauses (1)–(3) are substituted for the source provisions to eliminate unnecessary words. In clause (1), the words “subject to the provisions of rules 65(a) and (b) of the Federal Rules of Civil Procedure” in 45:439(a) are omitted as surplus because the Federal Rules of Civil Procedure (28 App. U.S.C.) apply in the district court unless otherwise provided. In clause (2), the words “or an amount agreed on in compromise” are added for clarity.
In subsection (b)(1), the text of 45:439(c) (words before 1st comma) is omitted because it applies only to actions brought by a State authority. See discussion of the cross-reference in the note for section 20113(c) of the revised title. The last sentence is substituted for “in which the individual resides” in 45:438(c) because of the restatement.
In subsection (b)(2), the words “compliance order issued under section 20111(b) of this title” are substituted for “order, or directive” because the latter words are interpreted as referring to “orders directing compliance” in 45:437(a) (2d sentence), restated in section 20111(b).
2008—Subsec. (a)(1). Pub. L. 110–432, §309(1), inserted “this part, except for section 20109 of this title, or” after “enforce,”.
Subsec. (a)(2). Pub. L. 110–432, §309(2), substituted “21301, 21302, or 21303” for “21301”.
Subsec. (a)(3). Pub. L. 110–432, §309(3), (4), substituted “subpoena, request for admissions, request for production of documents or other tangible things, or request for testimony by deposition” for “subpena” and “part.” for “chapter.”
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 869.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20113(a) | 45:436(b)(1) (related to authority to bring actions), (2). | Oct. 16, 1970, Pub. L. 91–458, §207(b), (c), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, §8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, §5, 94 Stat. 1812. |
| 45:439(a) (related to actions by States). | Oct. 16, 1970, Pub. L. 91–458, §210(a) (related to actions by States), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, §9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, §28(f), 104 Stat. 3277. | |
| 20113(b) | 45:436(a)(1) (related to authority to bring actions), (2). | Oct. 16, 1970, Pub. L. 91–458, §207(a), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, §8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, §5, 94 Stat. 1812; Nov. 16, 1990, Pub. L. 101–615, §28(e), 104 Stat. 3277. |
| 20113(c) | 45:436(a)(1) (related to venue), (b)(1) (related to venue), (c). | |
| 45:439(c) (related to actions by States). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §210(c) (related to actions by States); added Oct. 10, 1980, Pub. L. 96–423, §9(b), 94 Stat. 1815. |
In subsection (a), the language about jurisdiction in 45:439(a) (related to actions by States) is omitted for the reasons explained in the revision note for section 20112(a) of the revised title.
In subsection (b), the word “impose” is substituted for “assess” for consistency. The words “the authority may bring a civil action in an appropriate district court of the United States” are substituted for “agency may apply to the United States district court” for consistency in the revised title and with other titles of the United States Code. The words “included in or made applicable to such rule, regulation, order, or standard” are omitted as surplus.
In subsection (c), the reference to “section 207(d)” in section 210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91–458, 84 Stat. 971), as added by section 9(b) of the Federal Railroad Safety Authorization Act of 1980 (Public Law 96–423, 94 Stat. 1815), is assumed to have been intended as a reference to section 207(c). The Federal Railroad Safety Authorization Act of 1980 was derived from S. 2730, which in turn was derived from H.R. 7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier version of H.R. 7104 was redesignated as section 207(c) during the legislative process and no section 207(d) was enacted. See H.R. Rept. No. 96–1025, 96th Cong., 2d Sess., pp. 14, 15 (1980).
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 870.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20114(a) | 45:439(b). | Oct. 16, 1970, Pub. L. 91–458, §§209(d), 210(b), 84 Stat. 975, 976. |
| 20114(b) | 45:438(d). | |
| 20114(c) | 45:431(f). | Oct. 16, 1970, Pub. L. 91–458, §202(f), 84 Stat. 972; restated Sept. 3, 1992, Pub. L. 102–365, §5(a)(1), 106 Stat. 975. |
In subsection (a), the words “the defendant may demand a jury trial” are substituted for “trial shall be by the court, or, upon demand of the accused, by a jury” to eliminate unnecessary words and for consistency in the revised title.
In subsection (b), the words “may be served in any judicial district” are substituted for “may run into any other district” for clarity.
In subsection (c), the words “a final action of the Secretary” are substituted for “Any final agency action taken by the Secretary” to eliminate unnecessary words. The words “this part or, as applicable to railroad safety, chapter 51 or 57 of this title” are substituted for “this subchapter or under any of the other Federal railroad safety laws, as defined in section 441(e) of this title” because of the restatement. The words “is subject to judicial review as provided in chapter 7 of title 5” are omitted as unnecessary because 5:ch. 7 applies unless otherwise stated. The words “by and in the manner prescribed” are omitted as surplus.
(a)
(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)
(c)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 870.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20115(a) | 45:447(a)(1), (3). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §216; added Nov. 5, 1990, Pub. L. 101–508, §10501(a), 104 Stat. 1388–399. |
| 20115(b) | 45:447(a)(2). | |
| 20115(c) | 45:447(b)–(d). | |
| 20115(d) | 45:447(e). | |
| 20115(e) | 45:447(f). |
In subsection (a), before clause (1), the words “after notice and comment” are omitted as unnecessary because of 5:553.
In subsection (c), the words “beginning on March 1, 1991” are omitted as obsolete.
No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Government, unless the date on which the code, rule, standard, requirement, or practice was adopted is specifically cited in the rule or order, or the code, rule, standard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.
(Added Pub. L. 110–432, div. A, title I, §107(a), Oct. 16, 2008, 122 Stat. 4859.)
A prior section 20116, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, §206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, §1121(g)(1), Dec. 21, 1995, 109 Stat. 724.
(a)
(A) $225,000,000 for fiscal year 2009;
(B) $245,000,000 for fiscal year 2010;
(C) $266,000,000 for fiscal year 2011;
(D) $289,000,000 for fiscal year 2012; and
(E) $293,000,000 for fiscal year 2013.
(2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety consistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008.
(3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encompassing fiscal years 2009 through 2013 to design, develop, and construct the Facility for Underground Rail Station and Tunnel at the Transportation Technology Center in Pueblo, Colorado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such accidents or incidents, and to provide a realistic scenario for training emergency responders.
(4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2009 through 2013 shall be made available to the Secretary for personnel in regional offices and in Washington, D.C., whose duties primarily involve rail security.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 872; Pub. L. 103–440, title II, §§202, 218, Nov. 2, 1994, 108 Stat. 4619, 4625; Pub. L. 110–432, div. A, §3, Oct. 16, 2008, 122 Stat. 4850.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20117(a)(1) | 45:444(a) (1st sentence). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §214(a) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, §2, 94 Stat. 1811; Aug. 13, 1981, Pub. L. 97–35, §1195, 95 Stat. 702; Jan. 14, 1983, Pub. L. 97–468, §703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, §2, 102 Stat. 624; Nov. 5, 1990, Pub. L. 101–508, §10501(b), 104 Stat. 1388–400; restated Sept. 3, 1992, Pub. L. 102–365, §12, 106 Stat. 980. |
| 20117(a)(2) | 45:435(h). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §206(h); Nov. 16, 1990, Pub. L. 101–615, §28(d), 104 Stat. 3277. |
| 20117(b) | 45:445(c). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §215(c); added June 22, 1988, Pub. L. 100–342, §20, 102 Stat. 638. |
| 20117(c) | 45:444(b). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §214(b); added Oct. 10, 1980, Pub. L. 96–423, §2, 94 Stat. 1811; Jan. 14, 1983, Pub. L. 97–468, §703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, §2, 102 Stat. 624. |
| 20117(d) | 45:442. | Nov. 2, 1978, Pub. L. 95–574, §3, 92 Stat. 2459. |
In subsection (a), references to fiscal years prior to 1993 are omitted as obsolete.
Section 403 of the Rail Safety Improvement Act of 2008, referred to in subsec. (a)(2), is section 403 of Pub. L. 110–432, which is set out as a note under section 20142 of this title.
2008—Subsec. (a). Pub. L. 110–432 amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for fiscal years 1993 through 1998.
1994—Subsec. (a)(1)(C) to (F). Pub. L. 103–440, §202, added subpars. (C) to (F).
Subsec. (e). Pub. L. 103–440, §218, added subsec. (e).
(a)
(1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or
(2) made available for inspection and copying by an officer, employee, or agent of the Secretary pursuant to that safety risk reduction program or pilot program.
(b)
(c)
(Added Pub. L. 110–432, div. A, title I, §109(a), Oct. 16, 2008, 122 Stat. 4866.)
(a)
(b)
(Added Pub. L. 110–432, div. A, title I, §109(a), Oct. 16, 2008, 122 Stat. 4867.)
(a) 1
(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials;
(2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including—
(A) the number of civil penalties assessed;
(B) the initial amount of civil penalties assessed;
(C) the number of civil penalty cases settled;
(D) the final amount of civil penalties assessed;
(E) the difference between the initial and final amounts of civil penalties assessed;
(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals;
(G) the number of cases referred to the Attorney General for civil or criminal prosecution; 2
(H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements;
(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety;
(4) provide 3 the information required by paragraphs (2) and (3)—
(A) for each Class I railroad individually; and
(B) in the aggregate for—
(i) Class II railroads;
(ii) Class III railroads;
(iii) hazardous materials shippers; and
(iv) individuals;
(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by—
(A) the Locomotive Engineer Review Board;
(B) an Administrative Hearing Officer or Administrative Law Judge; or
(C) the Administrator of the Federal Railroad Administration;
(6) provides an explanation regarding any changes in the Secretary's or the Federal Railroad Administration's enforcement programs or policies that may substantially affect the information reported; and
(7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.
(Added Pub. L. 110–432, div. A, title III, §303(a), Oct. 16, 2008, 122 Stat. 4878.)
1 So in original. No subsec. (b) has been enacted.
2 So in original. Probably should be followed by “and”.
3 So in original. Probably should be “provides”.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 872.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20131 | 45:431(g) (1st sentence cl. (1)). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(g) (1st sentence cl. (1)); added July 8, 1976, Pub. L. 94–348, §5(b), 90 Stat. 820. |
The words “within 180 days after July 8, 1976” are omitted as expired.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 873.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20132(a) | 45:431(g) (1st sentence cls. (2), (3)). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(g) (1st sentence cls. (2), (3), last sentence); added July 8, 1976, Pub. L. 94–348, §5(b), 90 Stat. 820. |
| 20132(b) | 45:431(g) (last sentence). |
In subsection (a), before clause (1), the words “within 180 days after July 8, 1976” are omitted as expired.
(a)
(1) the crashworthiness of the cars;
(2) interior features (including luggage restraints, seat belts, and exposed surfaces) that may affect passenger safety;
(3) maintenance and inspection of the cars;
(4) emergency response procedures and equipment; and
(5) any operating rules and conditions that directly affect safety not otherwise governed by regulations.
The Secretary may make applicable some or all of the standards established under this subsection to cars existing at the time the regulations are prescribed, as well as to new cars, and the Secretary shall explain in the rulemaking document the basis for making such standards applicable to existing cars.
(b)
(2) The Secretary shall prescribe final regulations under subsection (a) within 5 years after November 2, 1994.
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 873; Pub. L. 103–440, title II, §215(a), Nov. 2, 1994, 108 Stat. 4623; Pub. L. 104–287, §5(47), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20133(a) | 45:431(h)(1)(A) (1st, last sentences), (B), (4). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(h); added Oct. 10, 1980, Pub. L. 96–423, §14, 94 Stat. 1817; Jan. 14, 1983, Pub. L. 97–468, §702(a), 96 Stat. 2579. |
| 20133(b) | 45:431(h)(1)(A) (2d, 3d sentences), (2). | |
| 20133(c) | 45:431(h)(3). |
In subsection (a), the words “within one year after January 14, 1983” and “initial” are omitted as obsolete. The text of 45:431(h)(1)(B) is omitted as executed. The words “after a hearing in accordance with subsection (b) of this section” are omitted as surplus because of section 20103(e) of the revised title.
In subsections (b) and (c), the word “subsequent” is omitted as surplus.
In subsection (c), the word “Amtrak” is substituted for “National Railroad Passenger Corporation” for consistency in this subtitle. The word “regulatory” is substituted for “rulemaking” for consistency in the revised title.
The Federal Advisory Committee Act, referred to in subsec. (d), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
1996—Subsec. (b)(1). Pub. L. 104–287, §5(47)(A), substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
Subsec. (b)(2). Pub. L. 104–287, §5(47)(B), substituted “November 2, 1994” for “such date of enactment”.
1994—Pub. L. 103–440 amended section generally, substituting present provisions for provisions requiring the Secretary to take administrative action to ensure that the construction, operation, and maintenance of passenger rail equipment maximize the safety of passengers, and providing for areas of consideration and concentration, as well as consultation with Amtrak.
(a)
(b)
(c)
(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 Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 873; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, §208(c), Oct. 16, 2008, 122 Stat. 4876.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20134(a) | 45:433(b). | Oct. 16, 1970, Pub. L. 91–458, §204(b), 84 Stat. 972. |
| 20134(b) | 45:431(q). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §§202(q), 215(a), (b); added June 22, 1988, Pub. L. 100–342, §§20, 23, 102 Stat. 638, 639; Sept. 3, 1992, Pub. L. 102–365, §2(4), 106 Stat. 972. |
| 20134(c) | 45:445(a), (b). |
In subsection (a), the words “In addition” are omitted as surplus. The word “maintain” is substituted for “undertake” for clarity because the effort has begun. The words “the objective of” are omitted as surplus. The words “To carry out this section, the Secretary may use” are added for clarity.
In subsection (b), the words “Not later than June 22, 1989” are substituted for “within one year after June 22, 1988” for clarity.
In subsection (c)(1), before clause (A), and (2), the word “Secretary” is substituted for “Federal Railroad Administration” for clarity and consistency in the revised title. In this restatement, the Secretary of Transportation carries out all laws. However, this subsection is based on source provisions that provide that the Federal Railroad Administration carries out the subsection. A cross-reference to this subsection has been included in 49:103 to preserve duties and powers under this subsection to the Administrator of the Federal Railroad Administration.
In subsection (c)(1), before clause (A), the words “and incidents” are added for consistency in this part.
2008—Subsec. (a). Pub. L. 110–432 inserted at end “The Secretary may purchase items of nominal value and distribute them to the public without charge as part of an educational or awareness program to accomplish the purposes of this section and of any other sections of this title related to improving the safety of highway-rail crossings and to preventing trespass on railroad rights of way, and the Secretary shall prescribe guidelines for the administration of this authority.”
1996—Subsec. (c)(2). Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
Pub. L. 110–432, div. A, title II, §201, Oct. 16, 2008, 122 Stat. 4868, provided that: “Not later than 1 year after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall provide guidance to railroads on strategies and methods to prevent pedestrian accidents, incidents, injuries, and fatalities at or near passenger stations, including—
“(1) providing audible warning of approaching trains to the pedestrians at railroad passenger stations;
“(2) using signs, signals, or other visual devices to warn pedestrians of approaching trains;
“(3) installing infrastructure at pedestrian crossings to improve the safety of pedestrians crossing railroad tracks;
“(4) installing fences to prohibit access to railroad tracks; and
“(5) other strategies or methods as determined by the Secretary.”
[For definitions of “crossing”, “Secretary”, and “railroad”, as used in section 201 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(b)
(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)
(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)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 874.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20135(a) | 45:431(i)(1). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(i); added June 22, 1988, Pub. L. 100–342, §§4(a), 7(b), 102 Stat. 625, 628; Sept. 3, 1992, Pub. L. 102–365, §2(1), 106 Stat. 972. |
| 20135(b) | 45:431(i)(2). | |
| 20135(c)(1) | 45:431(i)(4). | |
| 20135(c)(2) | 45:431(i)(6). | |
| 20135(d) | 45:431(i)(5). | |
| 20135(e) | 45:431(i)(3). |
In subsection (a), the words “within 12 months after June 22, 1988” are omitted as executed. The words “including any locomotive engineer” are omitted as surplus. The words “after one year after” are substituted for “after the expiration of 12 months following” to eliminate unnecessary words.
In subsection (b)(5), the word “requirements” is substituted for “terms” for consistency in this section.
In subsection (c)(1), the words “In establishing the program under this subsection” are omitted as surplus.
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 section shall be maintained in the same way and place as the daily inspection report for the locomotive.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 875; Pub. L. 103–429, §6(19), Oct. 31, 1994, 108 Stat. 4379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20136 | 45:431(j). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(j); added June 22, 1988, Pub. L. 100–342, §9, 102 Stat. 628. |
The words “Within 90 days after June 22, 1988” are omitted as expired.
This amends 49:20136(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 875).
1994—Par. (2). Pub. L. 103–429 substituted “section” for “subsection”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 875.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20137 | 45:431(m). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(m); added June 22, 1988, Pub. L. 100–342, §10, 102 Stat. 629. |
In subsection (b), the words “Not later than December 22, 1989” are substituted for “within 18 months after June 22, 1988” for clarity. The words “may extend the period to a date that is not later than 18 months after the regulations are prescribed and the orders are issued” are substituted for “may extend the deadline for compliance with such requirement, but in no event shall such deadline be extended past 18 months after such rules, regulations, orders, and standards are issued” to eliminate unnecessary words.
(a)
(b)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20138 | 45:431(o). | Oct 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(o); added June 22, 1988, Pub. L. 100–342, §21, 102 Stat. 638; Sept. 3, 1992, Pub. L. 102–365, §2(3), 106 Stat. 972. |
In subsection (a), the words “within 90 days after June 22, 1988” are omitted as expired.
In subsection (b), the words “by another person” are omitted as surplus.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20139 | 45:431(n). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(n); added June 22, 1988, Pub. L. 100–342, §19(a), 102 Stat. 637; Sept. 3, 1992, Pub. L. 102–365, §2(2), 106 Stat. 972. |
The words “Not later than June 22, 1989” are substituted for “within one year after June 22, 1988” for clarity.
(a)
(b)
(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 a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; 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)
(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)
(e)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 876; Pub. L. 104–59, title III, §342(b), Nov. 28, 1995, 109 Stat. 609.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20140(a) | 45:431(r)(5). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(r); added Oct. 28, 1991, Pub. L. 102–143, §4, 105 Stat. 957. |
| 20140(b) | 45:431(r)(1) (1st–3d sentences). | |
| 20140(c) | 45:431(r)(2). | |
| 20140(d) | 45:431(r)(3). | |
| 20140(e) | 45:431(r)(4). | |
| 20140(f) | 45:431(r)(1) (last sentence). |
In subsection (b)(1), before clause (A), the words “controlled substances” are substituted for “drug” for consistency in this section. In clauses (B) and (C), the word “found” is substituted for “determined” for consistency in the revised title.
In subsection (c)(3), the words “of any employee” are omitted as surplus.
In subsection (c)(4), the words “by any employee” are omitted as surplus.
In subsection (c)(5), the word “tested” is substituted for “assayed” for consistency. The words “2d confirmation test” are substituted for “independent test” for clarity and consistency.
1995—Subsec. (b)(1)(A). Pub. L. 104–59 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “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”.
Pub. L. 110–432, div. A, title IV, §412, Oct. 16, 2008, 122 Stat. 4889, provided that: “Not later than 2 years following the date of enactment of this Act [Oct. 16, 2008], the Secretary of Transportation shall complete a rulemaking proceeding to revise the regulations prescribed under section 20140 of title 49, United States Code, to cover all employees of railroad carriers and contractors or subcontractors to railroad carriers who perform maintenance-of-way activities.”
[For definition of “railroad carrier”, as used in section 412 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(b) 2-
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 878.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20141(a) | 45:431(r)(1), (2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(r); added Sept. 3, 1992, Pub. L. 102–365, §7, 106 Stat. 976. |
| 20141(b) | 45:431(r)(3). | |
| 20141(c) | 45:431(r)(4). |
(a)
(1) procedures associated with maintaining and installing continuous welded rail and its attendant structure, including cold weather installation procedures;
(2) the need for revisions to regulations on track excepted from track safety standards; and
(3) employee safety.
(b)
(c)
(d)
(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and
(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.
(e)
(1)
(A) require each track owner using continuous welded rail track to include procedures (in its procedures filed with the Administration pursuant to section 213.119 of title 49, Code of Federal Regulations) to improve the identification of cracks in rail joint bars;
(B) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors’ areas of responsibility and require that inspectors use those programs when conducting track inspections; and
(C) establish a program to review continuous welded rail joint bar inspection data from railroads and Administration track inspectors periodically.
(2)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 879; Pub. L. 103–440, title II, §208, Nov. 2, 1994, 108 Stat. 4621; Pub. L. 109–59, title IX, §9005(a), Aug. 10, 2005, 119 Stat. 1924.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20142(a) | 45:431(s)(1) (1st sentence), (2). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(s); added Sept. 3, 1992, Pub. L. 102–365, §8, 106 Stat. 976. |
| 20142(b) | 45:431(s)(1) (last sentence). | |
| 20142(c) | 45:431(s)(3). |
In subsection (c), the word “information” is substituted for “data” for consistency in the revised title.
The date of enactment of this subsection, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
1994—Subsec. (a)(1). Pub. L. 103–440, §208(2), inserted “, including cold weather installation procedures” after “attendant structure”.
Subsec. (b). Pub. L. 103–440, §208(1), substituted “September 1, 1995” for “September 3, 1994”.
Subsec. (d). Pub. L. 103–440, §208(3), added subsec. (d).
Pub. L. 110–432, div. A, title IV, §403, Oct. 16, 2008, 122 Stat. 4884, provided that:
“(a)
“(1) the required intervals of track inspections for each class of track should be amended;
“(2) track remedial action requirements should be amended;
“(3) different track inspection and repair priorities or methods should be required; and
“(4) the speed at which railroad track inspection vehicles operate and the scope of the territory they generally cover allow for proper inspection of the track and whether such speed and appropriate scope should be regulated by the Secretary.
“(b)
“(1) the most current rail flaw, rail defect growth, rail fatigue, and other relevant track- or rail-related research and studies;
“(2) the availability and feasibility of developing and implementing new or novel rail inspection technology for routine track inspections;
“(3) information from National Transportation Safety Board or Federal Railroad Administration accident investigations where track defects were the cause or a contributing cause; and
“(4) other relevant information, as determined by the Secretary.
“(c)
“(d)
“(1) limits for rail seat abrasion;
“(2) concrete cross tie pad wear limits;
“(3) missing or broken rail fasteners;
“(4) loss of appropriate toeload pressure;
“(5) improper fastener configurations; and
“(6) excessive lateral rail movement.”
[For definitions of “Secretary” and “railroad”, as used in section 403 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(b)
(c)
(d)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 880.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20143(a) | 45:431(u)(6). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(u); added Oct. 27, 1992, Pub. L. 102–533, §14, 106 Stat. 3522. |
| 20143(b) | 45:431(u)(2) (1st, 2d sentences). | |
| 20143(c) | 45:431(u)(1). | |
| 20143(d) | 45:431(u)(3). | |
| 20143(e)(1) | 45:431(u)(5). | |
| 20143(e)(2) | 45:431(u)(4). | |
| 20143(e)(3) | 45:431(u)(2) (last sentence). |
In this section, the word “visibility” is substituted for “conspicuity” for clarity and consistency in this chapter.
In subsection (a), the words “by means of lighting, reflective materials, or other means” are omitted as surplus.
In subsection (b), the words “those lights” are substituted for “such measures” for clarity.
In subsection (c), the word “Secretary's” is substituted for ”Department of Transportation's” because of 49:102(b). The word “using” is substituted for “having . . . in service” to eliminate unnecessary words.
In subsection (e)(2) and (3) of this section, the reference is to paragraph (1) of this subsection, rather than to subsection (d) of this section, because the regulations are prescribed under paragraph (1).
In subsection (e)(2), the words “a category” are substituted for “and category” to correct an apparent mistake in the source provision. See S. Rept. 102–990, 102d Cong., 2d Sess., p. 18 (1992).
In subsection (e)(3), the word “full” is omitted as surplus.
The Secretary of Transportation shall prescribe regulations applying blue signal protection to on-track vehicles where rest is provided.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20144 | (uncodified). | June 22, 1988, Pub. L. 100–342, §19(c), 102 Stat. 638. |
The words “prescribe regulations” are substituted for “within one year after the date of the enactment of this Act, amend part 218 of title 49, Code of Federal Regulations” because the regulations to carry out this section have been prescribed.
Not later than 18 months after November 2, 1994, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems.
(Added Pub. L. 103–440, title II, §207(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, §5(48), (49), Oct. 11, 1996, 110 Stat. 3393.)
1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994” and “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
The Secretary of Transportation, in conjunction with a university or college having expertise in transportation safety, shall establish, within one year after November 2, 1994, an Institute for Railroad Safety. The Institute shall research, develop, fund, and test measures for reducing the number of fatalities and injuries relevant to railroad operations. There are authorized to be appropriated to the Secretary $1,000,000 for each of the fiscal years 1996 through 2000 to fund activities carried out under this section by the Institute, which shall report at least once each year on its use of such funds in carrying out such activities and the results thereof to the Secretary of Transportation and the Congress.
(Added Pub. L. 103–440, title II, §210(a), Nov. 2, 1994, 108 Stat. 4621; amended Pub. L. 104–287, §5(49), Oct. 11, 1996, 110 Stat. 3393.)
1996—Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
The Secretary of Transportation shall encourage railroad carriers to warn the public about potential liability for violation of regulations related to vandalism of railroad signs, devices, and equipment and to trespassing on railroad property.
(Added Pub. L. 103–440, title II, §211(a), Nov. 2, 1994, 108 Stat. 4622.)
(a)
(b)
(1) visibility of railroad cars from the perspective of nonrailroad traffic;
(2) whether certain railroad car paint colors should be prohibited or required;
(3) the use of reflective materials;
(4) the visibility of lettering on railroad cars;
(5) the effect of any enhanced visibility measures on the health and safety of train crew members; and
(6) the cost/benefit ratio of any new regulations.
(c)
(Added Pub. L. 103–440, title II, §212(a), Nov. 2, 1994, 108 Stat. 4622.)
The Secretary of Transportation shall consult with the Secretary of Labor on a regular basis to ensure that all applicable laws affecting safe working conditions for railroad employees are appropriately enforced to ensure a safe and productive working environment for the railroad industry.
(Added Pub. L. 103–440, title II, §213(a), Nov. 2, 1994, 108 Stat. 4623.)
The Secretary of Transportation shall submit a report to the Congress on the development, deployment, and demonstration of positive train control systems by December 31, 1995.
(Added Pub. L. 103–440, title II, §214(a), Nov. 2, 1994, 108 Stat. 4623.)
(a)
(b)
(c)
(A) civil or criminal penalties, or both, for vandalism of railroad equipment or property which could affect the safety of the public or of railroad employees; and
(B) civil or criminal penalties, or both, for trespassing on a railroad owned or leased right-of-way.
(2) Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with State and local governments and railroad carriers, shall develop and make available to State and local governments model State legislation providing for civil or criminal penalties, or both, for violations of highway-rail grade crossing signs, signals, markings, or other warning devices.
(d)
(1) to drive around a grade crossing gate in a position intended to block passage over railroad tracks;
(2) to drive through a flashing grade crossing signal;
(3) to drive through a grade crossing with passive warning signs without ensuring that the grade crossing could be safely crossed before any train arrived; and
(4) in the vicinity of a grade crossing, who creates a hazard of an accident involving injury or property damage at the grade crossing.
(Added Pub. L. 103–440, title II, §219(a), Nov. 2, 1994, 108 Stat. 4625; amended Pub. L. 104–287, §5(49), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, §208(a), Oct. 16, 2008, 122 Stat. 4875.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) and (c)(2), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Pub. L. 110–432, §208(a)(1), substituted “Railroad trespassing, vandalism, and highway-rail grade crossing warning sign violation prevention strategy” for “Railroad trespassing and vandalism prevention strategy” in section catchline.
Subsec. (a). Pub. L. 110–432, §208(a)(2), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “In consultation with affected parties, the Secretary of Transportation shall evaluate and review current local, State, and Federal laws regarding trespassing on railroad property and vandalism affecting railroad safety, and develop model prevention strategies and enforcement laws to be used for the consideration of State and local legislatures and governmental entities. The first such evaluation and review shall be completed within 1 year after November 2, 1994. The Secretary shall revise such model prevention strategies and enforcement codes periodically.”
Subsec. (b). Pub. L. 110–432, §208(a)(3), inserted “for Trespassing and Vandalism Prevention” after “Outreach Program” in heading.
Subsec. (c). Pub. L. 110–432, §208(a)(4), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
Subsec. (d). Pub. L. 110–432, §208(a)(5), added subsec. (d).
1996—Subsecs. (a), (c). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of the Federal Railroad Safety Authorization Act of 1994”.
(a)
(1) establish and maintain a toll-free telephone service for rights-of-way over which it dispatches trains, to directly receive calls reporting—
(A) malfunctions of signals, crossing gates, and other devices to promote safety at the grade crossing of railroad tracks on those rights-of-way and public or private roads;
(B) disabled vehicles blocking railroad tracks at such grade crossings;
(C) obstructions to the view of a pedestrian or a vehicle operator for a reasonable distance in either direction of a train's approach; or
(D) other safety information involving such grade crossings;
(2) upon receiving a report pursuant to paragraph (1)(A) or (B), immediately contact trains operating near the grade crossing to warn them of the malfunction or disabled vehicle;
(3) upon receiving a report pursuant to paragraph (1)(A) or (B), and after contacting trains pursuant to paragraph (2), contact, as necessary, appropriate public safety officials having jurisdiction over the grade crossing to provide them with the information necessary for them to direct traffic, assist in the removal of the disabled vehicle, or carry out other activities as appropriate;
(4) upon receiving a report pursuant to paragraph (1)(C) or (D), timely investigate the report, remove the obstruction if possible, or correct the unsafe circumstance; and
(5) ensure the placement at each grade crossing on rights-of-way that it owns of appropriately located signs, on which shall appear, at a minimum—
(A) a toll-free telephone number to be used for placing calls described in paragraph (1) to the railroad carrier dispatching trains on that right-of-way;
(B) an explanation of the purpose of that toll-free telephone number; and
(C) the grade crossing number assigned for that crossing by the National Highway-Rail Crossing Inventory established by the Department of Transportation.
(b)
(Added Pub. L. 103–440, title III, §301(a), Nov. 2, 1994, 108 Stat. 4626; amended Pub. L. 104–287, §5(50), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, §205(a), Oct. 16, 2008, 122 Stat. 4872.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Pub. L. 110–432 amended section catchline and text generally. Prior to amendment, section related to a pilot program to demonstrate a system to provide emergency notification of grade crossing problems.
1996—Subsec. (b). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of this section” and “November 2, 1994, an evaluation” for “that date an evaluation”.
(a)
(1) the term “highway-rail grade crossing” includes any street or highway crossing over a line of railroad at grade;
(2) the term “locomotive horn” refers to a train-borne audible warning device meeting standards specified by the Secretary of Transportation; and
(3) the term “supplementary safety measure” refers to a safety system or procedure, provided by the appropriate traffic control authority or law enforcement authority responsible for safety at the highway-rail grade crossing, that is determined by the Secretary to be an effective substitute for the locomotive horn in the prevention of highway-rail casualties. A traffic control arrangement that prevents careless movement over the crossing (e.g., as where adequate median barriers prevent movement around crossing gates extending over the full width of the lanes in the particular direction of travel), and that conforms to standards prescribed by the Secretary under this subsection, shall be deemed to constitute a supplementary safety measure. The following do not, individually or in combination, constitute supplementary safety measures within the meaning of this subsection: standard traffic control devices or arrangements such as reflectorized crossbucks, stop signs, flashing lights, flashing lights with gates that do not completely block travel over the line of railroad, or traffic signals.
(b)
(c)
(A) that the Secretary determines not to present a significant risk with respect to loss of life or serious personal injury;
(B) for which use of the locomotive horn as a warning measure is impractical; or
(C) for which, in the judgment of the Secretary, supplementary safety measures fully compensate for the absence of the warning provided by the locomotive horn.
(2) In order to provide for safety and the quiet of communities affected by train operations, the Secretary may specify in such regulations that any supplementary safety measures must be applied to all highway-rail grade crossings within a specified distance along the railroad in order to be excepted from the requirement of this section.
(d)
(e)
(2) The Secretary may include in regulations issued under this subsection special procedures for approval of new supplementary safety measures meeting the requirements of subsection (c)(1) of this section following successful demonstration of those measures.
(f)
(1) Private highway-rail grade crossings.
(2) Pedestrian crossings.
(3) Crossings utilized primarily by nonmotorized vehicles and other special vehicles.
Regulations issued under this subsection shall not apply to any location where persons are not authorized to cross the railroad.
(g)
(h)
(i)
(1) shall take into account the interest of communities that—
(A) have in effect restrictions on the sounding of a locomotive horn at highway-rail grade crossings; or
(B) have not been subject to the routine (as defined by the Secretary) sounding of a locomotive horn at highway-rail grade crossings;
(2) shall work in partnership with affected communities to provide technical assistance and shall provide a reasonable amount of time for local communities to install supplementary safety measures, taking into account local safety initiatives (such as public awareness initiatives and highway-rail grade crossing traffic law enforcement programs) subject to such terms and conditions as the Secretary deems necessary, to protect public safety; and
(3) may waive (in whole or in part) any requirement of this section (other than a requirement of this subsection or subsection (j)) that the Secretary determines is not likely to contribute significantly to public safety.
(j)
(Added Pub. L. 103–440, title III, §302(a), Nov. 2, 1994, 108 Stat. 4626; amended Pub. L. 104–264, title XII, §1218(a), Oct. 9, 1996, 110 Stat. 3285; Pub. L. 104–287, §5(51), Oct. 11, 1996, 110 Stat. 3393.)
1996—Subsec. (g). Pub. L. 104–287 substituted “November 2, 1994” for “the date of enactment of this section” in two places.
Subsecs. (i), (j). Pub. L. 104–264 added subsecs. (i) and (j).
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
(a)
(b)
(1) is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; or
(2) involves a lateral or vertical relocation of any portion of the rail line.
(c)
(1) The capability of the State to fund the rail line relocation project without Federal grant funding.
(2) The requirement and limitation relating to allocation of grant funds provided in subsection (d).
(3) Equitable treatment of the various regions of the United States.
(4) The effects of the rail line, relocated or improved as proposed, on motor vehicle and pedestrian traffic, safety, community quality of life, and area commerce.
(5) The effects of the rail line, relocated as proposed, on the freight and passenger rail operations on the rail line.
(d)
(e)
(1)
(2)
(3)
(A) A contribution of real property or tangible personal property (whether provided by the State or a person for the State).
(B) A contribution of the services of employees of the State or other non-Federal entity, calculated on the basis of costs incurred by the State or other non-Federal entity for the pay and benefits of the employees, but excluding overhead and general administrative costs.
(C) A payment of any costs that were incurred for the project before the filing of an application for a grant for the project under this section, and any in-kind contributions that were made for the project before the filing of the application, if and to the extent that the costs were incurred or in-kind contributions were made, as the case may be, to comply with a provision of a statute required to be satisfied in order to carry out the project.
(4)
(A) The Secretary shall require a State to submit a description of the anticipated public and private benefits associated with each rail line relocation or improvement project described in subsection (a). The determination of such benefits shall be developed in consultation with the owner and user of the rail line being relocated or improved or other private entity involved in the project.
(B) The Secretary shall consider the feasibility of seeking financial contributions or commitments from private entities involved with the project in proportion to the expected benefits determined under subparagraph (A) that accrue to such entities from the project.
(f)
(1) the project will benefit each of the States entering into the agreement; and
(2) the agreement is not a violation of a law of any such State.
(g)
(h)
(1)
(A) locating, surveying, and mapping;
(B) track installation, restoration, and rehabilitation;
(C) acquisition of rights-of-way;
(D) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;
(E) elimination of obstacles and relocation of utilities; and
(F) other activities defined by the Secretary.
(2)
(3)
(i)
(Added Pub. L. 109–59, title IX, §9002(a)(1), Aug. 10, 2005, 119 Stat. 1919.)
Pub. L. 109–59, title IX, §9002(b), Aug. 10, 2005, 119 Stat. 1921, provided that:
“(1)
“(2)
(a)
(1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions within 1 year after the date of enactment of this section; and
(2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars within 18 months after the date of enactment of this section.
(b)
(Added Pub. L. 109–59, title IX, §9005(b)(1), Aug. 10, 2005, 119 Stat. 1924.)
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
(a)
(1)
(A) to develop a railroad safety risk reduction program under subsection (d) that systematically evaluates railroad safety risks on its system and manages those risks in order to reduce the numbers and rates of railroad accidents, incidents, injuries, and fatalities;
(B) to submit its program, including any required plans, to the Secretary for review and approval; and
(C) to implement the program and plans approved by the Secretary.
(2)
(3)
(4)
(b)
(c)
(d)
(1)
(A) the mitigation of aspects that increase risks to railroad safety; and
(B) the enhancement of aspects that decrease risks to railroad safety.
(2)
(e)
(1)
(2)
(3)
(4)
(A) each railroad carrier's technology implementation plan required under paragraph (1) that includes a schedule for implementation of a positive train control system complies with that schedule; and
(B) each railroad carrier required to submit such a plan implements a positive train control system pursuant to such plan by December 31, 2018.
(f)
(1)
(2)
(3)
(A) Employee education and training on the physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue, based on the most current scientific and medical research and literature.
(B) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders.
(C) Effects on employee fatigue of an employee's short-term or sustained response to emergency situations, such as derailments and natural disasters, or engagement in other intensive working conditions.
(D) Scheduling practices for employees, including innovative scheduling practices, on-duty call practices, work and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss.
(E) Methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research have shown increased fatigue disrupts employees’ circadian rhythm.
(F) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty.
(G) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad carrier.
(H) The increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employing railroad carrier or its managers, supervisors, officers, or agents.
(I) Avoidance of abrupt changes in rest cycles for employees.
(J) Additional elements that the Secretary considers appropriate.
(g)
(1)
(2)
(h)
(Added Pub. L. 110–432, div. A, title I, §103(a), Oct. 16, 2008, 122 Stat. 4853.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
(a)
(1)
(A) its main line over which intercity rail passenger transportation or commuter rail passenger transportation, as defined in section 24102, is regularly provided;
(B) its main line over which poison- or toxic-by-inhalation hazardous materials, as defined in parts 1 171.8, 173.115, and 173.132 of title 49, Code of Federal Regulations, are transported; and
(C) such other tracks as the Secretary may prescribe by regulation or order.
(2)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(1)
(2)
(A) the Secretary may, through regulations under subsection (g), designate additional tracks as main line as appropriate for this section; and
(B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term “main line” by regulation.
(3)
(Added Pub. L. 110–432, div. A, title I, §104(a), Oct. 16, 2008, 122 Stat. 4856.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
1 So in original. Probably should be “sections”.
(a)
(b)
(1)
(2)
(A) focus on making technologies interoperable between railroad systems, such as train control technologies;
(B) accelerate train control technology deployment on high-risk corridors, such as those that have high volumes of hazardous materials shipments or over which commuter or passenger trains operate; or
(C) benefit both passenger and freight safety and efficiency.
(3)
(4)
(c)
(Added Pub. L. 110–432, div. A, title I, §105(a), Oct. 16, 2008, 122 Stat. 4858.)
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary, after consultation with the Federal Railroad Administration, the Federal Highway Administration, and States, shall develop and make available to States model legislation providing for improving safety by addressing sight obstructions, including vegetation growth, topographic features, structures, and standing railroad equipment, at highway-rail grade crossings that are equipped solely with passive warnings, as recommended by the Inspector General of the Department of Transportation in Report No. MH–2007–044.
(Added Pub. L. 110–432, div. A, title II, §203(a), Oct. 16, 2008, 122 Stat. 4869.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
(a)
(1) report to the Secretary of Transportation current information, including information about warning devices and signage, as specified by the Secretary, concerning each previously unreported crossing through which it operates or with respect to the trackage over which it operates; or
(2) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
(b)
(1) On a periodic basis beginning not later than 2 years after the date of enactment of the Rail Safety Improvement Act of 2008 and on or before September 30 of every year thereafter, or as otherwise specified by the Secretary, each railroad carrier shall—
(A) report to the Secretary current information, including information about warning devices and signage, as specified by the Secretary, concerning each crossing through which it operates or with respect to the trackage over which it operates; or
(B) ensure that the information has been reported to the Secretary by another railroad carrier that operates through the crossing.
(2) A railroad carrier that sells a crossing or any part of a crossing on or after the date of enactment of the Rail Safety Improvement Act of 2008 shall, not later than the date that is 18 months after the date of enactment of that Act or 3 months after the sale, whichever occurs later, or as otherwise specified by the Secretary, report to the Secretary current information, as specified by the Secretary, concerning the change in ownership of the crossing or part of the crossing.
(c)
(d)
(1)
(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or
(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or grade-separated.
(2)
(Added Pub. L. 110–432, div. A, title II, §204(a), Oct. 16, 2008, 122 Stat. 4869.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) to (c), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
(a)
(1) Collisions between highway users and trains at highway-rail grade crossings continue to cause an unacceptable loss of life, serious personal injury, and property damage.
(2) While elimination of at-grade crossings through consolidation of crossings and grade separations offers the greatest long-term promise for optimizing the safety and efficiency of the two modes of transportation, over 140,000 public grade crossings remain on the general rail system—approximately one for each route mile on the general rail system.
(3) Conventional highway traffic control devices such as flashing lights and gates are often effective in warning motorists of a train's approach to an equipped crossing.
(4) Since enactment of the Highway Safety Act of 1973, over $4,200,000,000 of Federal funding has been invested in safety improvements at highway-rail grade crossings, yet a majority of public highway-rail grade crossings are not yet equipped with active warning systems.
(5) The emergence of new technologies presents opportunities for more effective and affordable warnings and safer passage of highway users and trains at remaining highway-rail grade crossings.
(6) Implementation of new crossing safety technology will require extensive cooperation between highway authorities and railroad carriers.
(7) Federal Railroad Administration regulations establishing performance standards for processor-based signal and train control systems provide a suitable framework for qualification of new or novel technology at highway-rail grade crossings, and the Federal Highway Administration's Manual on Uniform Traffic Control Devices provides an appropriate means of determining highway user interface with such new technology.
(b)
(c)
(d)
(Added Pub. L. 110–432, div. A, title II, §210(a), Oct. 16, 2008, 122 Stat. 4876.)
The Highway Safety Act of 1973, referred to in subsec. (a)(4), is title II of Pub. L. 93–87, Aug. 13, 1973, 87 Stat. 282. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 401 of Title 23, Highways, and Tables.
(a)
(1) minimum training standards for each class and craft of safety-related railroad employee (as defined in section 20102) and equivalent railroad carrier contractor and subcontractor employees, which shall require railroad carriers, contractors, and subcontractors to qualify or otherwise document the proficiency of such employees in each such class and craft regarding their knowledge of, and ability to comply with, Federal railroad safety laws and regulations and railroad carrier rules and procedures promulgated to implement those Federal railroad safety laws and regulations;
(2) a requirement that railroad carriers, contractors, and subcontractors develop and submit training and qualification plans to the Secretary for approval, including training programs and information deemed necessary by the Secretary to ensure that all safety-related railroad employees receive appropriate training in a timely manner; and
(3) a minimum training curriculum, and ongoing training criteria, testing, and skills evaluation measures to ensure that safety-related railroad employees, and contractor and subcontractor employees, charged with the inspection of track or railroad equipment are qualified to assess railroad compliance with Federal standards to identify defective conditions and initiate immediate remedial action to correct critical safety defects that are known to contribute to derailments, accidents, incidents, or injuries, and, in implementing the requirements of this paragraph, take into consideration existing training programs of railroad carriers.
(b)
(c)
(Added Pub. L. 110–432, div. A, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4883.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a) and (c), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
Pub. L. 110–432, div. A, title IV, §402(b)–(d), Oct. 16, 2008, 122 Stat. 4884, provided that:
“(b)
“(c)
“(1) car repair and maintenance employees;
“(2) onboard service workers;
“(3) rail welders;
“(4) dispatchers;
“(5) signal repair and maintenance employees; and
“(6) any other craft or class of employees that the Secretary determines appropriate.
“(d)
[For definitions of “Secretary”, “railroad carrier”, and “railroad”, as used in section 402(b)–(d) of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(b)
(Added Pub. L. 110–432, div. A, title IV, §402(a), Oct. 16, 2008, 122 Stat. 4884.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
(a)
(1) switch position monitoring devices or indicators;
(2) radio, remote control, or other power-assisted switches;
(3) hot box, high water, or earthquake detectors;
(4) remote control locomotive zone limiting devices;
(5) slide fences;
(6) grade crossing video monitors;
(7) track integrity warning systems; or
(8) other similar rail safety technologies, as determined by the Secretary.
(b)
(Added Pub. L. 110–432, div. A, title IV, §406(a), Oct. 16, 2008, 122 Stat. 4886.)
The Railroad Safety Enhancement Act of 2008, referred to in subsec. (a), probably means the Rail Safety Improvement Act of 2008, div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
1 See References in Text note below.
(a)
(b)
(Added Pub. L. 110–432, div. A, title IV, §409(a), Oct. 16, 2008, 122 Stat. 4887.)
Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, the Secretary of Transportation shall prescribe regulations that require railroad carriers—
(1) to provide emergency escape breathing apparatus suitable to provide head and neck coverage with respiratory protection for all crewmembers in locomotive cabs on freight trains carrying hazardous materials that would pose an inhalation hazard in the event of release;
(2) to provide convenient storage in each freight train locomotive to enable crewmembers to access such apparatus quickly;
(3) to maintain such equipment in proper working condition; and
(4) to provide their crewmembers with appropriate training for using the breathing apparatus.
(Added Pub. L. 110–432, div. A, title IV, §413(a), Oct. 16, 2008, 122 Stat. 4889.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in text, is the date of enactment of div. A. of Pub. L. 110–432, which was approved Oct. 16, 2008.
(a)
(b)
(c)
(1) the age and condition of the rail infrastructure of the applicant;
(2) the railroad carrier's safety record, including accident and incident numbers and rates;
(3) the volume of hazardous materials transported by the railroad;
(4) the operation of passenger trains over the railroad; and
(5) whether the railroad carrier has submitted a railroad safety risk reduction program, as required by section 20156.
(d)
(e)
(Added Pub. L. 110–432, div. A, title IV, §418(a), Oct. 16, 2008, 122 Stat. 4891.)
(a)
(b)
(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.
(4) a car, locomotive, or train used on a street railway.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881; Pub. L. 104–287, §5(52), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20301(a) | 45:8 (“trains, locomotives, tenders, cars, and similar vehicles”). | |
| 45:9 (3d sentence). | ||
| 20301(b) | 45:6 (1st sentence proviso). | Mar. 2, 1893, ch. 196, §6 (1st sentence proviso), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85. |
| 45:8 (words after 16th comma). | Mar. 2, 1903, ch. 976, §1 (words after 23d comma), 32 Stat. 943. |
Subsection (a) is added to avoid repeating the substance of the definition throughout this chapter.
In subsection (b), the words before clause (1) are substituted for “Provided, That nothing in sections 1 to 7 of this title shall apply to” in 45:6 because 45:9, 11, and 16 provide that 45:9 and 11–16 apply to the same vehicles and trains as 45:1–7 apply to. In clause (1), the word “coal” is added for clarity because of the decision of the Supreme Court in Baltimore & Ohio Railway Co. v. Jackson, 353 U.S. 325, 333 (1957) and the legislative history of 45:6 (proviso). See 24 Cong. Rec. 1477 (1893). The text of 45:8 (words after last comma) is omitted as unnecessary because of the definition of “railroad” in section 20102 of the revised title.
This amends 49:20301(b) to clarify the restatement of 45:8 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 881).
1996—Subsec. (b)(4). Pub. L. 104–287 added par. (4).
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
(a)
(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)
(c)
(d)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20302(a) (1)(A) | 45:2. | Mar. 2, 1893, ch. 196, §§1–4, 27 Stat. 531; June 22, 1988, Pub. L. 100–342, §13(1)(A)– (D), 102 Stat. 630. |
| 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631. | |
| 20302(a) (1)(B) | 45:11 (words before proviso related to sill steps and hand brakes). | Apr. 14, 1910, ch. 160, §2, 36 Stat. 298; June 22, 1988, Pub. L. 100–342, §13(3)(A), 102 Stat. 631. |
| 20302(a) (1)(C) | 45:8 (words before 16th comma). | |
| 45:11 (words before proviso related to ladders, running boards, grab irons, and handholds). | ||
| 20302(a)(2) | 45:4. | |
| 45:8 (words before 16th comma). | ||
| 49 App.:1655(e)(1)(C). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(A)–(C), 80 Stat. 939. | |
| 20302(a)(3) | 45:8 (words before 16th comma). | |
| 45:12 (last sentence). | Apr. 14, 1910, ch. 160, §3 (1st sentence words before semicolon, proviso, last sentence), 36 Stat. 298; June 22, 1988, Pub. L. 100–342, §13(3)(B), 102 Stat. 631. | |
| 49 App.:1655(e)(1)(A). | ||
| 20302(a)(4) | 45:1 (related to locomotives). | |
| 45:8 (words before 16th comma). | ||
| 20302(a) (5)(A) | 45:1 (related to trains). | |
| 20302(a) (5)(B) | 45:9 (1st sentence words before last semicolon). | Mar. 2, 1903, ch. 976, §2 (1st sentence), 32 Stat. 943; Apr. 11, 1958, Pub. L. 85–375, §1(b)(1), (2), 72 Stat. 86. |
| 45:9 (3d sentence). | Mar. 2, 1903, ch. 976, 32 Stat. 943, §2 (2d–5th sentences); added Apr. 11, 1958, Pub. L. 85–375, §1(b)(3), 72 Stat. 86; June 22, 1988, Pub. L. 100–342, §13(2)(B), 102 Stat. 631. | |
| 20302(b) | 45:3. | |
| 45:8 (words before 16th comma). | ||
| 20302(c) | 45:11 (proviso). | |
| 20302(d)(1) | 45:12 (1st sentence words before semicolon). | |
| 49 App.:1655(e)(1)(C). | ||
| 20302(d)(2) | 45:9 (2d sentence). | |
| 49 App.:1655(e)(1)(B). | ||
| 20302(d)(3) | 45:9 (1st sentence words after last semicolon). | |
| 49 App.:1655(e)(1)(B). | ||
| 20302(e) | 45:9 (4th sentence). | |
| 49 App.:1655(e)(1)(B). |
In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section and section 20303 of this title” are added to alert the reader to the exceptions restated in subsection (c) and section 20303. The words “use or allow to be used” are substituted for “haul or permit to be hauled or used” in 45:2 and 11, “use” in 45:4 and 12, “use” and “run” in 45:1, “operated” and “used, hauled, or permitted to be used or hauled” in 45:9, “using . . . running . . . hauling or permitting to be hauled or used” in 45:6, and “used” in 45:8 for consistency in this section and to eliminate unnecessary words. See United States v. St. Louis Southwestern Ry. Co. of Texas, 184 F. 28, 32 (5th Cir., 1910); United States v. Chicago, M. & St. P. Ry. Co., 149 F. 486, 488 (D.S.D. Iowa, 1906). The words “That from and after the first day of January, eighteen hundred and ninety-eight”, “That on and after the first day of January, eighteen hundred and ninety-eight”, and “That from and after the first day of July, eighteen hundred and ninety-five” in sections 1, 2, and 4, respectively, of the Act of March 2, 1893 (ch. 196, 27 Stat. 531), are omitted as obsolete. The words “a railroad carrier . . . on any of its railroad lines” are substituted for “any railroad . . . on its line” in 45:1, “any such railroad . . . on its line” in 45:2, “any railroad company” in 45:4, “railroads in the Territories and the District of Columbia . . . used on any railroad, and in the Territories and the District of Columbia” in 45:8, “Whenever, as provided in sections 1 to 7 of this title” and “any railroad” in 45:9, and “any railroad subject to the provisions of sections 11 to 16 of this title . . . on its line” in 45:11 for clarity, for consistency in the revised title, to eliminate unnecessary words, and because of the definition of “railroad carrier” in section 20102 of the revised title. See Southern Ry. Co. v. United States, 222 U.S. 20, 26 (1911). In clauses (1)–(3), the word “vehicle” is substituted for “any car” in 45:2, “car” in 45:4, “all trains, locomotives, tenders, cars, and similar vehicles used on . . . all other locomotives, tenders, cars, and similar vehicles used in connection therewith” in 45:8, and “any car subject to the provisions of said sections . . . to wit: All cars” in 45:11, and “any car or vehicle” in 45:12 for clarity, for consistency in the revised title, to eliminate unnecessary words, and because of the definition of “vehicle” in section 20301 of the revised title. In clause (1)(A), a comma is placed after the word “uncoupled” for clarity. See Johnson v. Southern Pacific Co., 196 U.S. 1, 18 (1904). In clause (1)(C), the words “by the Secretary of Transportation” are added for clarity because of 45:12. In clause (3), the words “required by regulations prescribed by the Secretary” are substituted for “the standard now fixed or the standard so prescribed . . . the standard so prescribed by the Secretary” in 45:12 for clarity and to eliminate unnecessary words. The words “Said Secretary is given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effective and obligatory” are omitted as surplus because of 49:322(a). The words “and prior to the time so fixed . . . and after the time so fixed” are omitted as surplus. In clause (4), the word “locomotive” is substituted for “any locomotive engine” in 45:1 and “all trains, locomotives, tenders, cars, and similar vehicles used on . . . all other locomotives, tenders, cars, and similar vehicles used in connection therewith” in 45:8 for clarity and to eliminate unnecessary words. In clause (5)(B), the words “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” are substituted for “their brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said 50 per centum shall have their brakes so used and operated” and “all . . . locomotives, tenders, cars, and similar vehicles” for clarity and consistency in this section. The text of section 2 (2d sentence) of the Act of March 2, 1903 (ch. 976, 32 Stat. 943), as added by section (1)(b) of the Power or Train Brakes Safety Appliance Act of 1958 (Public Law 85–375, 72 Stat. 86), is omitted as executed.
In subsection (b), the words “A railroad carrier complying with subsection (a)(5)(A) of this section” are substituted for “any railroad shall have equipped a sufficient number of its cars so as to comply with the provisions of section 1 of this title” in 45:3 and “The provisions and requirements of sections 1 to 7 of this title shall be held to apply to railroads in the Territories and the District of Columbia” in 45:8 for clarity, for consistency in this section, and because of the definition of “railroad carrier” in section 20102 of the revised title. The words “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” are substituted for “any cars not equipped sufficiently, in accordance with said section, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by sections 1 to 7 of this title” in 45:3 for clarity and to eliminate unnecessary words.
In subsection (c), the words “Notwithstanding subsection (a)(1)(B) of this section” are added for clarity.
In subsection (d)(1), the words “change . . . only for . . . and after” are substituted for “shall remain as the standards of equipment to be used on all cars subject to the provisions of sections 11 to 16 of this title, unless changed by an order of said Secretary of Transportation to be made after . . . and for” for clarity and to eliminate unnecessary words. The text of section 3 (proviso) of the Act of April 14, 1910 (ch. 160, 36 Stat. 298), is omitted as obsolete.
In subsection (d)(2), the text of 45:9 (2d sentence words before proviso) is omitted as executed.
In subsection (d)(3), the words “to more fully carry into effect the objects of said sections” and “from time to time” are omitted as surplus. The words “an opportunity for” are added for clarity and consistency in the revised title and with other titles of the Code. The words “equipped and used” are substituted for “operated” for consistency in this section.
In subsection (e), the words “and may avail himself of the advice and assistance of any department, commission, or board of the United States Government, and of State governments” are omitted as unnecessary because of 49:301(6) and (7) and 322(c). The words “but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law” are omitted as surplus because of 5:5533.
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 882.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20303(a) | 45:13 (2d sentence proviso words before 1st semicolon). | Apr. 14, 1910, ch. 160, §4 (2d sentence proviso), 36 Stat. 299; Jan. 14, 1983, Pub. L. 97–468, §704, 96 Stat. 2580. |
| 20303(b) | 45:13 (2d sentence proviso words after last semicolon). | |
| 20303(c) | 45:13 (2d sentence proviso words between semicolons). |
In subsections (a) and (b), the word “moved” is substituted for “hauled” and “hauling” for consistency in this section.
In subsection (a), before clause (1), the words “A vehicle that is equipped in compliance with this chapter” are substituted for “where any car shall have been properly equipped, as provided in sections 1 to 16 of this title” to eliminate unnecessary words. The words “while such car was being used by such carrier upon its line of railroad” are omitted as surplus since this chapter only applies in the case of vehicles used by railroad carriers on their railroad lines. The word “nevertheless” is added for clarity. The words “when necessary to make repairs” are substituted for “if any such movement is necessary to make such repairs and such repairs cannot be made except at any such repair point” to eliminate unnecessary words. The words “without a penalty being imposed under section 21302 of this title” are substituted for “without liability for the penalties imposed by this section or section 6 of this title” because of the restatement.
In subsection (b), the words “A vehicle . . . may be moved under this section . . . only when” are substituted for “and nothing in this proviso shall be construed to permit the hauling of defective cars . . . unless” for clarity and to eliminate unnecessary words.
In subsection (c), the word “hauling” is omitted for consistency in this section. The word “proceeding” is substituted for “remedial action” for consistency in the revised title and to ensure that administrative, as well as court proceedings, are included. The words “to recover damages” are added for clarity. The words “arising from” are substituted for “caused . . . by reason of or in connection with” to eliminate unnecessary words.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20304 | 45:7. | Mar. 2, 1893, ch. 196, §8, 27 Stat. 532; June 22, 1988, Pub. L. 100–342, §13(1)(H), 102 Stat. 631. |
| 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631. |
The words “after learning of the violation” are substituted for “after the unlawful use of such locomotive, car, or train had been brought to his knowledge” in 45:7 for clarity.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20305 | 45:37. | May 27, 1908, ch. 200, §1 (6th par. last sentence under heading “Interstate Commerce Commission”), 35 Stat. 325. |
| Mar. 4, 1909, ch. 299, §1 (6th par. last sentence under heading “Interstate Commerce Commission”), 35 Stat. 965. | ||
| 49 App.:1655(e)(1)(I), (J). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(I), (J), 80 Stat. 939. |
The words “United States Postal Service” are substituted for “Postmaster General” because of sections 4(a) and 5(e) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 775).
(a)
(b)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20306 | 45:1013. | May 30, 1980, Pub. L. 96–254, §117, 94 Stat. 406. |
In subsection (a), the words “Notwithstanding any other provision of law” and “the mandatory requirements of” are omitted as surplus. The words “existing law” are substituted for “the existing statutes” for consistency in the revised title.
In subsection (b), the words before clause (1) are added because of the restatement. Clause (1) is substituted for “after a hearing and consistent with findings based upon evidence developed therein” to eliminate unnecessary words. In clause (2), the words “an agreement” are substituted for “expressions of agreement” to eliminate unnecessary words.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20501 | (no source). |
This section is added to eliminate the unnecessary repetition of the words used in the definition. The definition is derived from 49 App.:26(b)–(f).
(a)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 883.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20502(a) | 49 App.:26(b). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(b); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 835; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(2), (8), 102 Stat. 635, 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(A), 80 Stat. 939. | |
| 20502(b) | 49 App.:26(e). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(e); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(5), 102 Stat. 636. |
In this section, the words “signal system” are substituted for “block signal system, interlocking, automatic train stop, train control, and/or cab-signal devices, and/or other similar appliances, methods, and systems intended to promote the safety of railroad operation” and “such systems, devices, appliances, or methods” in 49 App.:26(b) and “any system, device, or appliance covered by this section” and “such apparatus” in 49 App.:26(e) because of the definition of “signal system” in section 20501 of the revised title.
In subsection (a)(1), the words “decides after an investigation that it is necessary in the public interest” are substituted for “after investigation, if found necessary in the public interest” for clarity. The word “specifications” is omitted as included in “requirements”. The words “The order must allow the carrier a reasonable time to complete the installation” are substituted for “such order to be issued and published a reasonable time (as determined by the Secretary) in advance of the date for its fulfillment” to eliminate unnecessary words. The words “a signal system required under this paragraph” are substituted for “That block signal systems, interlocking, automatic train stop, train control, and cab-signal devices in use on August 26, 1937, or such systems or devices hereinafter installed” to eliminate unnecessary or obsolete words and because of the definition of “signal system” in section 20501 of the revised title.
In subsection (a)(2), the words “railroad line” are substituted for “railroad” for consistency in the revised title. The word “civil” is added for consistency in the revised title and with other titles of the United States Code. The words “or incident” are added for consistency in this part.
In subsection (b), before clause (1), the words “may allow . . . only when” are substituted for “It shall be unlawful . . . unless . . . unless” for clarity. In clause (1), the words “in proper condition and” and “in the service to which it is put” are omitted as being covered by the words of the clause. The words “risk of personal injury” are substituted for “peril to life and limb” for clarity. The words “from time to time” are omitted as surplus. In clause (2), the words “prescribed under this chapter” are substituted for “in accordance with the provisions of this section” and “prescribed in the rules and regulations provided for in this section” for consistency and to eliminate unnecessary words.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20503 | 49 App.:26(c). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(c); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(3), (8), 102 Stat. 635, 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(A), 80 Stat. 939. |
In this section, before clause (1), the text of 49 App.:26(c) (words before 2d proviso) is omitted as executed. The words “The Secretary of Transportation may amend . . . change” are substituted for “and approved by the Secretary of Transportation” and “the Secretary may . . . revise, amend, or modify” for clarity and to eliminate unnecessary words. The words “regulation or . . . a requirement applicable to a railroad carrier for installing, maintaining, inspecting, or repairing a signal system under this chapter” are substituted for “rules, standards, and instructions herein provided for” and “rules, standards, and instructions prescribed by him under this subsection” for clarity, for consistency in the revised title, and because of the restatement. Clause (1) is substituted for “such railroad may from time to time change . . . but such change shall not take effect and the new rules, standards, and instructions be enforced until they shall have been filed with” for clarity and to eliminate unnecessary words. The words “and as revised, amended, or modified they shall be obligatory upon the railroad after a copy thereof shall have been served as above provided” are omitted as being superseded by 5:ch. 5, subch. II.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20504(a) | 49 App.:26(d). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(d); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(4), (8), 102 Stat. 635, 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(I), (6)(A), 80 Stat. 939. | |
| 20504(b) | 45:36. | May 27, 1908, ch. 200, §1 (1st complete par. on p. 325), 35 Stat. 325. |
| 49 App.:1655(e)(1)(I). |
In subsection (a)(1)(B), the words “safe operating condition” are substituted for “proper condition to operate and provide adequate safety” to eliminate unnecessary words.
In subsection (a)(2), before clause (A), the text of 49:26(d) (2d sentence) is omitted because of 5:3101. The text of 49:26(d) (3d sentence) is omitted because of 5:ch. 33. The words “In carrying out this subsection, the Secretary may employ” are substituted for “shall be used for such purpose” for clarity. In clause (A), the words “either directly or indirectly” are omitted as surplus.
In subsection (b), the word “experimentally” is omitted as surplus. The words “signal system” are substituted for “any appliances or systems intended to promote the safety of railway operation” because of the definition of “signal system” in section 20501 of the revised title. The text of 45:36 (last sentence) is omitted because of 49:323.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 884.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20505 | 49 App.:26(f) (words before last semicolon). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(f) (words before last semicolon); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(6), (8), 102 Stat. 636. |
| 49 App.:1655(e)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(6)(A), 80 Stat. 939. |
The words “signal system” are substituted for “such systems, devices, or appliances” because of the definition of “signal system” in section 20501 of the revised title. The word “indicate” is omitted as being included in “function”. The words “or incident” are added for consistency in this part. The word “individual” is substituted for “person”, and the word “immediately” is substituted for “forthwith”, for consistency in the revised title and with other titles of the United States Code.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20701 | 45:23. | Feb. 17, 1911, ch. 103, §2, 36 Stat. 913; Mar. 4, 1915, ch. 169, §1, 38 Stat. 1192; restated June 7, 1924, ch. 355, §2, 43 Stat. 659; June 22, 1988, Pub. L. 100–342, §14(2), 102 Stat. 632. |
| 45:30 (1st sentence related to 45:23). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §2 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148. | |
| 49 App.:1655(e)(1)(E), (F). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E), (F), 80 Stat. 939. |
In this section, before clause (1), the words “locomotive or tender . . . locomotive or tender and its parts and appurtenances” are substituted for “locomotive . . . locomotive, its boiler, tender, and all parts and appurtenances thereof” in 45:23 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement. In clause (1), the words “in the service to which the same are put” and “in the active service of such railroad” in 45:23 are omitted as surplus. The words “danger of personal injury” are substituted for “peril to life or limb” for clarity and consistency in this part. In clause (2), the words “from time to time” are omitted as surplus. The words “as required under this chapter and regulations prescribed by the Secretary of Transportation under this chapter” are substituted for “in accordance with the provisions of sections 22 to 29 and 31 to 34 of this title” for clarity and consistency. In clause (3), the words “prescribed by the Secretary under this chapter” are substituted for “prescribed in the rules and regulations hereinafter provided for” for clarity and because of the restatement.
(a)
(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)
(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)
(1) inspection made under regulations prescribed by the Secretary; and
(2) repair made of a defect disclosed by such an inspection.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 885.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20702(a) | 45:29 (1st–3d sentences). | Feb. 17, 1911, ch. 103, §6, 36 Stat. 915; Apr. 22, 1940, ch. 124, §1(1)–(3) (related to §6 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; Oct. 10, 1980, Pub. L. 96–423, §13, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, §14(5), 102 Stat. 633. |
| 45:30 (1st sentence related to 45:29, last sentence). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §§5, 6 of Act of Feb. 17, 1911, last sentence), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. | |
| 49 App.:1655(e) (1)(E)–(G). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E)–(G), 80 Stat. 939. | |
| 20702(b) | 45:29 (6th, last sentences). | |
| 45:30 (1st sentence related to 45:29) | ||
| 49 App.:1655(e) (1)(E)–(G). | ||
| 20702(c) | 45:29 (4th, 5th sentences). | |
| 20702(d) | 45:28. | Feb. 17, 1911, ch. 103, §5, 36 Stat. 914; Apr. 22, 1940, ch. 124, §1(1)–(3) (related to §5 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, §14(4), 102 Stat. 633. |
| 45:30 (1st sentence related to 45:28). | ||
| 49 App.:1655(e) (1)(E)–(G). |
In this section, the words “locomotive and tender and its parts and appurtenances” and “locomotive, tender, or locomotive or tender part or appurtenance” are substituted for “locomotive boiler” and “boiler or boilers or apparatus pertaining thereto” in 45:29 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement.
In subsection (a), before clause (1), the word “shall” is substituted for “It shall be the duty of”, “shall”, and “His first duty shall be” in 45:29 and “shall . . . and shall have the same powers and duties with respect to all the parts and appurtenances of the locomotive and tender that they have with respect to the boiler of a locomotive and the appurtenances thereof” in 45:30 for clarity and to eliminate unnecessary words. In clause (1), the words “ordinarily housed or repaired in his district, and if any locomotive is ordinarily housed or repaired in two or more districts, then the director of locomotive inspection or an assistant shall make such division between inspectors as will avoid the necessity for duplication of work” in 45:29 are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). In clause (2), the words “inspect . . . as necessary to carry out” are substituted for “make such personal inspection . . . from time to time as may be necessary to fully carry out the provisions of” in 45:29 and “inspect” in 45:30 to eliminate unnecessary words. The words “under his care” and “as may be consistent with his other duties” in 45:29 are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). The words “but not necessarily” are substituted for “but he shall not be required to make such inspections” in 45:29 to eliminate unnecessary words. In clause (3), the words “inspections of locomotives and tenders and their parts and appurtenances as required by regulations prescribed by the Secretary” are substituted for “inspections in accordance with the rules and regulations established or approved by the Secretary of Transportation” in 45:29 and “the provision of sections 22 to 29 . . . of this title as to the equipment of locomotives shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it applies to locomotive boilers and their appurtenances” in 45:30 for clarity and because of the restatement. The words “a defective locomotive, tender, part, or appurtenance is used again” are substituted for “the boiler or boilers or appurtenances pertaining thereto are again put in service” in 45:29 for consistency in this subsection. The text of 45:30 (last sentence) is omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320), 49 App.:1655(e)(1)(E)–(G), and 5:ch. 33.
In subsection (b), the word “reinspection” is substituted for “reexamination” for consistency in this chapter.
In subsection (b)(1), the words “in the performance of his duty” in 45:29 are omitted as surplus. The words “owned or operated by a railroad carrier” are added for clarity and because of the words “owning or operating such locomotive” in 45:29 (last sentence). The words “does not comply with this chapter or a regulation prescribed under this chapter” are substituted for “not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated” in 45:29 to eliminate unnecessary words and because of the restatement. The words “describing any defect resulting in noncompliance” are substituted for “that the locomotive is not in serviceable condition . . . because of defects set out and described in said notice” for consistency in this section and to eliminate unnecessary words. The words “written request for a reinspection” are substituted for “appeal . . . by telegraph or by letter to have said boiler reexamined” for clarity and to eliminate unnecessary words. The words “an officer or employee of the Department of Transportation” are substituted for “one of the assistant directors of locomotive inspection or any district inspector” because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G).
In subsection (b)(2), the words “Immediately after the reinspection is completed” are substituted for “upon such reexamination the boiler is found in serviceable condition . . . immediately” and “but if the reexamination of said boiler sustains the decision of the district inspector . . . at once” in 45:29 to eliminate unnecessary words. The words “give written notice . . . stating whether the locomotive, tender, part, or appurtenance is in compliance” are substituted for “in writing” and “that the appeal from the decision of the inspector is dismissed” for clarity and consistency in this subsection. The words “after providing an opportunity for a proceeding” are substituted for “after hearing” as being more appropriate and for consistency in the revised title and with other titles of the United States Code. The words “may revise or set aside the finding of noncompliance” are substituted for “shall have power to revise, modify, or set aside such action . . . and declare that said locomotive is in serviceable condition and authorize the same to be operated” to eliminate unnecessary words.
Subsection (b)(3) is substituted for “and thereafter such boiler shall not be used until in serviceable condition” and “whereupon such boiler may be put into service without further delay” in 45:29 and the text of 45:29 (last proviso) for clarity and to eliminate unnecessary words.
In subsection (c), before clause (1), the words “make and keep” are substituted for “keep” for clarity.
Subsection (d) is substituted for the text of 45:28 (1st sentence last proviso) and 30 (1st sentence related to 45:28) for clarity and because of the restatement.
(a)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 886.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20703(a) | 45:30 (1st sentence related to 45:32). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §8 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. |
| 45:32 (1st, 3d sentences). | Feb. 17, 1911, ch. 103, §8, 36 Stat. 916; Apr. 22, 1940, ch. 124, §1(1)–(3) (related to §8 of Act of Feb. 17, 1911), 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; June 22, 1988, Pub. L. 100–342, §14(6), 102 Stat. 633. | |
| 49 App.:1655(e) (1)(E)–(G). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(E)–(G), 80 Stat. 939. | |
| 20703(b) | 45:32 (2d, last sentences). | |
| 20703(c) | 45:33. | |
| 49 App.:1655(e) (1)(E)–(G). |
In this section, the words “or incident” and “and incident” are added for consistency in this part.
In subsection (a), before clause (1), the words “locomotive, tender, or locomotive or tender part or appurtenance . . . the locomotive or tender” are substituted for “locomotive boiler or its appurtenances . . . said locomotive” in 45:32 and the text of 45:30 (1st sentence related to 45:32) for clarity and because of the restatement. The word “personal” is substituted for “to one or more persons” to eliminate unnecessary words. In clause (1), the word “immediately” is substituted for “forthwith” for consistency in this chapter. In clause (2), the words “operated under its own power” are substituted for “cannot be run by its own steam” for clarity. The words “hindrance or” are omitted as being included in “interfering”. The word “investigation” is substituted for “inspection” for consistency in this section.
In subsection (c), the words “at any time call upon the director of locomotive inspection for a report of any accident embraced in section 32 of this title, and upon the receipt of said report” are omitted as obsolete because of Reorganization Plan No. 3 of 1965 (eff. July 27, 1965, 79 Stat. 1320) and 49 App.:1655(e)(1)(E)–(G). The text of 45:33 (2d sentence) is omitted as surplus. The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code. The words “resulting from” are substituted for “growing out of” for clarity. The words “or investigation” are omitted as unnecessary because of the restatement.
(a)
(b)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 886.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20901(a) | 45:38 (1st sentence). | May 6, 1910, ch. 208, §1 (1st sentence), 36 Stat. 350; restated Sept. 13, 1960, Pub. L. 86–762, §1, 74 Stat. 903; June 22, 1988, Pub. L. 100–342, §15(1)(A), (B), 102 Stat. 633. |
| 45:39 (related to time of filing report). | May 6, 1910, ch. 208, §2 (related to time of filing report), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, §204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, §15(2), 102 Stat. 634. | |
| 45:43a. | June 22, 1988, Pub. L. 100–342, §24, 102 Stat. 639. | |
| 49 App.:1655(e)(1)(K). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(K), 80 Stat. 939. | |
| 20901(b) | 45:38 (note). | Sept. 3, 1992, Pub. L. 102–365, §15, 106 Stat. 981. |
In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part. The words “the general manager, superintendent, or other proper officer of” in 45:38 are omitted as surplus because any duty of a railroad carrier must necessarily be carried out through its proper officers and agents. The text of 45:38 (1st sentence proviso) is omitted as executed.
In subsection (b), the words “or incident” are added for consistency. The text of section 15(c) of the Rail Safety Enforcement and Review Act (Pub. L. 102–365, 106 Stat. 981) is omitted as executed.
Pub. L. 110–432, div. A, title II, §209, Oct. 16, 2008, 122 Stat. 4876, provided that: “The Federal Railroad Administration shall conduct an audit of each Class I railroad at least once every 2 years and conduct an audit of each non-Class I railroad at least once every 5 years to ensure that all grade crossing collisions and fatalities are reported to any Federal national accident database.”
[For definitions of “railroad” and “crossing”, as used in section 209 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 887.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20902(a) | 45:40 (1st sentence, 2d sentence words between 1st and 2d commas). | May 6, 1910, ch. 208, §3, 36 Stat. 351; June 22, 1988, Pub. L. 100–342, §15(3), 102 Stat. 634. |
| 49 App.:26(f) (words after last semicolon). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(f) (words after last semicolon); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 836; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919. | |
| 49 App.:1655(e)(1)(K). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(K), 80 Stat. 939. | |
| 20902(b) | 45:40 (2d sentence less words between 1st and 2d commas). | |
| 20902(c) | 45:40 (3d, last sentences). |
In this section, the words “accident” and “incident” are used, and the words “collision” and “derailment” are omitted, for consistency in this part.
Subsection (a)(2) is substituted for the text of 49 App.:26(f) (words after last semicolon) for clarity.
In subsection (b), the words “In carrying out an investigation” are substituted for “shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose” to eliminate unnecessary words. The words “books, papers, orders, memoranda” are omitted as being included in “papers”. The words “in coordination with” are substituted for “in connection with” for clarity. The words “The railroad carrier on whose railroad line the accident or incident occurred” are added for clarity.
In subsection (c), the words “When in the public interest” are substituted for “when he deems it to the public interest” to eliminate unnecessary words.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 887.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20903 | 45:41. | May 6, 1910, ch. 208, §4, 36 Stat. 351. |
The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code.
2008—Pub. L. 110–432, div. A, title I, §108(d)(2), (e)(2)(A), Oct. 16, 2008, 122 Stat. 4864, 4865, substituted item 21102 for former item 21102 “Nonapplication and exemption” and added item 21109.
1994—Pub. L. 103–440, title II, §203(b), Nov. 2, 1994, 108 Stat. 4620, added item 21108.
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 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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888; Pub. L. 110–432, div. A, title I, §108(a), Oct. 16, 2008, 122 Stat. 4860.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21101(1) | 45:61(b)(4) (1st sentence). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §1(b)(4) (1st sentence); added Nov. 2, 1978, Pub. L. 95–574, §6, 92 Stat. 2461. |
| 21101(2)–(4) | (no source). | |
| 21101(5) | 45:61(b)(2). | Mar. 4, 1907, ch. 2939, §1(b)(2), 34 Stat. 1415; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; July 8, 1976, Pub. L. 94–348, §4(c), 90 Stat. 818. |
Clause (2) is added to avoid the necessity of repeating the substance of the definition every time a “dispatching service employee” is referred to in this chapter. The language in clause (2) is derived from 45:63.
Clause (3) is added to provide a definition of “employee” when the source provisions apply to all types of employees covered by this chapter.
Clause (4) is added to avoid the necessity of repeating the substance of the definition every time a “signal employee” is referred to in this chapter. The language in clause (4) is derived from 45:63a.
In clause (5), the words “train employee” are substituted for “employee” to distinguish the term from the terms “dispatching service employee” and “signal employee”. The word “actually” is omitted as surplus.
2008—Par. (4). Pub. L. 110–432 struck out “employed by a railroad carrier” after “individual”.
Pub. L. 110–432, div. A, title I, §108(g), Oct. 16, 2008, 122 Stat. 4866, provided that: “The amendments made by subsections (a), (b), and (c) [amending this section and sections 21103 and 21104 of this title] shall take effect 9 months after the date of enactment of this Act [Oct. 16, 2008].”
Pub. L. 110–432, div. A, title I, §108(f), Oct. 16, 2008, 122 Stat. 4866, provided that:
“(1)
“(A) to adjust record keeping and reporting requirements to support compliance with chapter 211 of title 49, United States Code, as amended by this Act;
“(B) to authorize electronic record keeping, and reporting of excess service, consistent with appropriate considerations for user interface; and
“(C) to require training of affected employees and supervisors, including training of employees in the entry of hours of service data.
“(2)
(a)
(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)
(c)
(1) When providing commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of railroad carriers, including public authorities operating passenger service, shall be solely governed by old section 21103 until the earlier of—
(A) the effective date of regulations prescribed by the Secretary under section 21109(b) of this chapter; or
(B) the date that is 3 years following the date of enactment of the Rail Safety Improvement Act of 2008.
(2) After the date on which old section 21103 ceases to apply, pursuant to paragraph (1), to the limitations on duty hours for train employees of railroad carriers with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation, the limitations on duty hours for train employees of such railroad carriers shall be governed by new section 21103, except as provided in paragraph (3).
(3) After the effective date of the regulations prescribed by the Secretary under section 21109(b) of this title, such carriers shall—
(A) comply with the limitations on duty hours for train employees with respect to the provision of commuter rail passenger transportation or intercity rail passenger transportation as prescribed by such regulations; and
(B) be exempt from complying with the provisions of old section 21103 and new section 21103 for such employees.
(4) In this subsection:
(A) The terms “commuter rail passenger transportation” and “intercity rail passenger transportation” have the meaning given those terms in section 24102 of this title.
(C) 1 The term “new section 21103” means section 21103 of this chapter as amended by the Rail Safety Improvement Act of 2008.
(D) The term “old section 21103” means section 21103 of this chapter as it was in effect on the day before the enactment of that Act.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888; Pub. L. 110–432, div. A, title I, §108(d)(1), Oct. 16, 2008, 122 Stat. 4863.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21102(a) | 45:63a(d) (related to 45:64a). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §5); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:64a(d). | Mar. 4, 1907, ch. 2939, §5(d), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(6)(D), 102 Stat. 635. | |
| 21102(b) | 45:63a(d) (related to 45:64a). | |
| 45:64a(e). | Mar. 4, 1907, ch. 2939, §5(e), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. |
In subsection (b), the words “with respect to one or more of its employees” are omitted as surplus because the authority to exempt a railroad carrier includes the authority to exempt only some of the employees of the carrier. The words “carrier to require or allow its employees to be on duty” are substituted for “any railroad described in this section to work its employees” for clarity and consistency in this chapter.
The Rail Safety Improvement Act of 2008, referred to in subsec. (c)(1)(B), (4)(C), (D), is div. A of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4848. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 20101 of this title and Tables.
2008—Pub. L. 110–432, §108(d)(1)(A), substituted “Nonapplication, exemption, and alternate hours of service regime” for “Nonapplication and exemption” in section catchline.
Subsec. (c). Pub. L. 110–432, §108(d)(1)(B), added subsec. (c).
1 So in original. No subpar. (B) has been enacted.
(a)
(1) remain on duty, go on duty, wait for deadhead transportation, be in deadhead transportation from a duty assignment to the place of final release, or be in any other mandatory service for the carrier in any calendar month where the employee has spent a total of 276 hours—
(A) on duty;
(B) waiting for deadhead transportation, or in deadhead transportation from a duty assignment to the place of final release; or
(C) in any other mandatory service for the carrier;
(2) remain or go on duty for a period in excess of 12 consecutive hours;
(3) remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours; or
(4) remain or go on duty after that employee has initiated an on-duty period each day for—
(A) 6 consecutive days, unless that employee has had at least 48 consecutive hours off duty at the employee's home terminal during which time the employee is unavailable for any service for any railroad carrier except that—
(i) an employee may work a seventh consecutive day if that employee completed his or her final period of on-duty time on his or her sixth consecutive day at a terminal other than his or her home terminal; and
(ii) any employee who works a seventh consecutive day pursuant to subparagraph (i) shall have at least 72 consecutive hours off duty at the employee's home terminal during which time the employee is unavailable for any service for any railroad carrier; or
(B) except as provided in subparagraph (A), 7 consecutive days, unless that employee has had at least 72 consecutive hours off duty at the employee's home terminal during which time the employee is unavailable for any service for any railroad carrier, if—
(i) for a period of 18 months following the date of enactment of the Rail Safety Improvement Act of 2008, an existing collective bargaining agreement expressly provides for such a schedule or, following the expiration of 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, collective bargaining agreements entered into during such period expressly provide for such a schedule;
(ii) such a schedule is provided for by a pilot program authorized by a collective bargaining agreement; or
(iii) such a schedule is provided for by a pilot program under section 21108 of this chapter related to employees’ work and rest cycles.
The Secretary may waive paragraph (4), consistent with the procedural requirements of section 20103, if a collective bargaining agreement provides a different arrangement and such an arrangement is in the public interest and consistent with railroad safety.
(b)
(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)
(1) A railroad carrier may not require or allow an employee—
(A) to exceed a total of 40 hours per calendar month spent—
(i) waiting for deadhead transportation; or
(ii) in deadhead transportation from a duty assignment to the place of final release,
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period from the date of enactment of the Rail Safety Improvement Act of 2008 to one year after such date of enactment; and
(B) to exceed a total of 30 hours per calendar month spent—
(i) waiting for deadhead transportation; or
(ii) in deadhead transportation from a duty assignment to the place of final release,
following a period of 12 consecutive hours on duty that is neither time on duty nor time off duty, not including interim rest periods, during the period beginning one year after the date of enactment of the Rail Safety Improvement Act of 2008 except that the Secretary may further limit the monthly limitation pursuant to regulations prescribed under section 21109.
(2) The limitations in paragraph (1) shall apply unless the train carrying the employee is directly delayed by—
(A) a casualty;
(B) an accident;
(C) an act of God;
(D) a derailment;
(E) a major equipment failure that prevents the train from advancing; or
(F) 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.
(3) Each railroad carrier shall report to the Secretary, in accordance with procedures established by the Secretary, each instance where an employee subject to this section spends time waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release in excess of the requirements of paragraph (1).
(4) If—
(A) the time spent waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is not time on duty, plus
(B) the time on duty,
exceeds 12 consecutive hours, the railroad carrier and its officers and agents shall provide the employee with additional time off duty equal to the number of hours by which such sum exceeds 12 hours.
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 888; Pub. L. 110–432, div. A, title I, §108(b), Oct. 16, 2008, 122 Stat. 4860.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21103(a) | 45:62(a)(1), (2). | Mar. 4, 1907, ch. 2939, §2(a)(1), (2), 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463; July 8, 1976, Pub. L. 94–348, §4(a)(1), (2), 90 Stat. 818; June 22, 1988, Pub. L. 100–342, §16(2), 102 Stat. 634. |
| 21103(b) | 45:61(b)(3). | Mar. 4, 1907, ch. 2939, §§1(b)(3), 2(b), 34 Stat. 1415, 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 463. |
| 45:61(b)(4) (last sentence). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §1(b)(4) (last sentence); added Nov. 2, 1978, Pub. L. 95–574, §6, 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, §16(1)(C), 102 Stat. 634. | |
| 45:62(b). | ||
| 21103(c) | 45:62(c). | Mar. 4, 1907, ch. 2939, §2(c), 34 Stat. 1416; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; restated July 8, 1976, Pub. L. 94–348, §4(b), 90 Stat. 818. |
In subsection (a), before clause (1), the words “Except as provided in subsection (c) of this section” are added to alert the reader to the exception restated in subsection (c). The words “train employee” are substituted for “employee” because of the definition of “train employee” in section 21101 of the revised title. In clause (2), the words “12 consecutive hours” are substituted for “continuously . . . fourteen hours” and “except that, effective upon the expiration of the two-year period beginning on the effective date of this paragraph, such fourteen-hour duty period shall be reduced to twelve hours” because the 2-year period has ended.
In subsection (b), the words before paragraph (1) are added as related to 45:61(b)(3) and (4) (last sentence) and substituted for “In determining, for the purposes of subsection (a), the number of hours an employee is on duty” in 45:62(b) for clarity. In paragraphs (2) and (3), the word “actually” is omitted as surplus. In paragraph (4), the words “neither time on duty nor time off duty” are substituted for “time off duty” for clarity and consistency with the source provisions restated in 21104(b)(3) and (4) of the revised title. In paragraph (7), before clause (A), the words “between designated terminals” are omitted as surplus. The text of 45:61(b)(3)(E) is omitted as surplus because of the restatement.
In subsection (c), the words “A train employee on” are added for consistency in this section. The word “actual” is omitted as surplus.
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (a)(4)(B)(i) and (c)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Subsec. (a). Pub. L. 110–432, §108(b)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “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.”
Subsecs. (c), (d). Pub. L. 110–432, §108(b)(2), added subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (e). Pub. L. 110–432, §108(b)(3), added subsec. (e).
Amendment by Pub. L. 110–432 effective 9 months after Oct. 16, 2008, see section 108(g) of Pub. L. 110–432, set out as a note under section 21101 of this title.
(a)
(1) for a period in excess of 12 consecutive hours; or
(2) unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours.
(b)
(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.
(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)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 889; Pub. L. 110–432, div. A, title I, §108(c), Oct. 16, 2008, 122 Stat. 4862.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21104(a) | 45:63a(a) (1st sentence). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(a) (1st sentence), (b); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:63a(a) (2d–last sentences). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(a) (2d–last sentences); added Nov. 2, 1978, Pub. L. 95–574, §4(a), 92 Stat. 2459. | |
| 21104(b) | 45:63a(b). | |
| 45:63a(c). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415; §3A(c); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; restated Nov. 2, 1978, Pub. L. 95–574, §4(b), 92 Stat. 2460. | |
| 21104(c) | 45:63a(f). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(f); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819. |
In this section, the words “signal employee” are substituted for “an individual employed by the railroad who is engaged in installing, repairing or maintaining signal systems” and “an individual described in paragraph (1)” in 45:63a(a), “individual” in 45:63a(b) and (c), and “individual engaged in installing, repairing, or maintaining signal systems” in 45:63a(f) because of the definition of “signal employee” in section 21101 of the revised title.
Subsection (a)(1) is substituted for 45:63a(a) (last sentence) for clarity and because of the restatement.
In subsection (a)(2), before clause (A), the words “Except as provided in subsection (c) of this section” are added to alert the reader to the exception restated in subsection (c). The text of 45:63a(a) (2d sentence) is omitted as surplus.
In subsection (b), the words before paragraph (1) are added as related to 45:63a(c) and substituted for “In determining for the purposes of subsection (a) of this section the number of hours an individual is on duty” for clarity. In paragraph (2), the word “actually” is omitted as surplus.
In subsection (c), the word “actual” is omitted as surplus.
2008—Subsec. (a). Pub. L. 110–432, §108(c)(1), added subsec. (a) and struck out former subsec. (a) which limited the amount of time spent on duty by signal employees.
Subsec. (b)(3). Pub. L. 110–432, §108(c)(2), substituted “duty.” for “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.”
Subsec. (c). Pub. L. 110–432, §108(c)(3), inserted at end “A signal employee may not be allowed to remain or go on duty under the emergency authority provided under this subsection to conduct routine repairs, routine maintenance, or routine inspection of signal systems.”
Subsecs. (d), (e). Pub. L. 110–432, §108(c)(4), added subsecs. (d) and (e).
Amendment by Pub. L. 110–432 effective 9 months after Oct. 16, 2008, see section 108(g) of Pub. L. 110–432, set out as a note under section 21101 of this title.
(a)
(b)
(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)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 890.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21105(a) | 45:62(d). | Mar. 4, 1907, ch. 2939, §2(d), 34 Stat. 1416; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. |
| 45:63a(e). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(e); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819. | |
| 21105(b) | 45:63(a). | Mar. 4, 1907, ch. 2939, §3, 34 Stat. 1416; May 4, 1916, ch. 109, §1, 39 Stat. 61; Aug. 14, 1957, Pub. L. 85–135, §2, 71 Stat. 352; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(3), 102 Stat. 635. |
| 21105(c) | 45:63(b). | |
| 21105(d) | 45:63(c). |
In this section, the words “dispatching service employee” are substituted for “operator, train dispatcher, or other employee who by the use of the telegraph, telephone, radio, or any other electrical or mechanical device dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements” in 45:63(a), “employee . . . on duty in a class of service . . . described in paragraph (1) or (2) of such subsection” in 45:63(b), and “employees named in such subsection” in 45:63(c) because of the definition of “dispatching service employee” in section 21101 of the revised title.
In subsection (a), the words “This section applies, rather than section 21103 or 21104 of this title” are substituted for “The provisions of this section shall not apply” because of the restatement. The words “train employee” are substituted for “employee” in 45:62(d), and the words “signal employee” are substituted for “individual” in 45:63a(e), for consistency in this chapter and because of the definitions of “signal employee” and “train employee” in section 21101 of the revised title. The words “during any period of time the employee is performing duties of a dispatching service employee” are substituted for “during such period of time as the provisions of section 63 of this title apply to his duty and off-duty periods” in 45:62(d) and 63a(e) for clarity.
In subsection (b), before clause (1), the words “a total of” are substituted for “whether consecutive or in the aggregate” to eliminate unnecessary words.
In subsection (c), the words “a tower, office, station, or other place” are substituted for “a place, described in paragraph (1) or (2) of such subsection” for clarity.
In subsection (d), the words “When an emergency exists” are substituted for “in case of emergency” for consistency in this chapter.
(a)
(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, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees; 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.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 891; Pub. L. 110–432, div. A, title IV, §420, Oct. 16, 2008, 122 Stat. 4893.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21106 | 45:62(a)(3), (4). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §2(a)(3), (4); added July 8, 1976, Pub. L. 94–348, §4(a)(3), 90 Stat. 818; June 22, 1988, Pub. L. 100–342, §16(2), 102 Stat. 634. |
| 45:62(e). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §2(e); added June 22, 1988, Pub. L. 100–342, §19(b)(1), 102 Stat. 638. | |
| 45:63a(d) (related to 45:62(a)(3)). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §2(a)(3)); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
In this section, before clause (1), the words “and any individuals employed to maintain the right of way of a railroad carrier” are substituted for 45:62(e) because of the restatement.
2008—Pub. L. 110–432 designated existing provisions as subsec. (a), inserted heading, in par. (1), substituted “sanitary, give those employees and individuals an opportunity for rest free from the interruptions caused by noise under the control of the carrier, and provide indoor toilet facilities, potable water, and other features to protect the health of employees;” for “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 added subsecs. (b) to (d).
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 891.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21107 | 45:63a(d) (related to 45:64). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §4); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:64. | Mar. 4, 1907, ch. 2939, §4, 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(5), 102 Stat. 635. |
(a)
(1) a waiver of compliance with this chapter as in effect on the date of enactment of the Rail Safety Improvement Act of 2008; or
(2) a waiver of compliance with this chapter as it will be effective 9 months after the enactment of the Rail Safety Improvement Act of 2008,
to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter, including requirements concerning maximum on-duty and minimum off-duty periods.
(b)
(c)
(d)
(1) explains and analyzes the effectiveness of any pilot project established pursuant to a waiver granted under subsection (a);
(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and
(3) recommends any appropriate legislative changes to this chapter.
(e)
(Added Pub. L. 103–440, title II, §203(a), Nov. 2, 1994, 108 Stat. 4619; amended Pub. L. 110–432, div. A, title I, §110, Oct. 16, 2008, 122 Stat. 4867.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Pub. L. 110–432 amended section generally, revising and restating provisions of former subsec. (a) relating to waivers as subsecs. (a) to (c), provisions of former subsec. (b) relating to requirement of a report to Congress as subsec. (d), and provisions of former subsec. (c) defining “directly affected covered service employees” as subsec. (e).
(a)
(1) to reduce the maximum hours an employee may be required or allowed to go or remain on duty to a level less than the level established under this chapter;
(2) to increase the minimum hours an employee may be required or allowed to rest to a level greater than the level established under this chapter;
(3) to limit or eliminate the amount of time an employee spends waiting for deadhead transportation or in deadhead transportation from a duty assignment to the place of final release that is considered neither on duty nor off duty under this chapter;
(4) for signal employees—
(A) to limit or eliminate the amount of time that is considered to be neither on duty nor off duty under this chapter that an employee spends returning from an outlying worksite after scheduled duty hours or returning from a trouble call to the employee's headquarters or directly to the employee's residence; and
(B) to increase the amount of time that constitutes a release period, that does not break the continuity of service and is considered time off duty; and
(5) to require other changes to railroad operating and scheduling practices, including unscheduled duty calls, that could affect employee fatigue and railroad safety.
(b)
(c)
(d)
(1) If the Secretary determines that regulations are necessary under subsection (a), the Secretary shall first request that the Railroad Safety Advisory Committee develop proposed regulations and, if the Committee accepts the task, provide the Committee with a reasonable time period in which to complete the task.
(2) If the Secretary requests that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b) and the Committee accepts the task, the Committee shall reach consensus on the rulemaking within 18 months after accepting the task. If the Committee does not reach consensus within 18 months after the Secretary makes the request, the Secretary shall prescribe appropriate regulations within 18 months.
(3) If the Secretary does not request that the Railroad Safety Advisory Committee accept the task of developing regulations under subsection (b), the Secretary shall prescribe regulations within 3 years after the date of enactment of the Rail Safety Improvement Act of 2008.
(e)
(1)
(A) A pilot project at a railroad or railroad facility to evaluate the efficacy of communicating to employees notice of their assigned shift time 10 hours prior to the beginning of their assigned shift as a method for reducing employee fatigue.
(B) A pilot project at a railroad or railroad facility to evaluate the efficacy of requiring railroads who use employee scheduling practices that subject employees to periods of unscheduled duty calls to assign employees to defined or specific unscheduled call shifts that are followed by shifts not subject to call, as a method for reducing employee fatigue.
(2)
(f)
(Added Pub. L. 110–432, div. A, title I, §108(e)(1), Oct. 16, 2008, 122 Stat. 4864.)
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsecs. (b), (d)(3), and (e)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
(a)
(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 Secretary shall impose a civil penalty for a violation of section 20160 of this title. The amount of the penalty shall be at least $500 but not more than $25,000. 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 $100,000.
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 891; Pub. L. 104–287, §5(53), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title II, §204(d), title III, §302(a), Oct. 16, 2008, 122 Stat. 4871, 4878.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21301(a)(1) | 45:438(a). | Oct. 16, 1970, Pub. L. 91–458, §209(a), 84 Stat. 975; restated Jan. 14, 1983, Pub. L. 97–468, §706, 96 Stat. 2581; June 22, 1988, Pub. L. 100–342, §3(a)(1), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §9(a)(1), 106 Stat. 977. |
| 45:438(c) (1st, 3d sentences). | Oct. 16, 1970, Pub. L. 91–458, §209(c) (1st, 3d, 5th–8th sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, §3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(c)(1), 106 Stat. 974. | |
| 21301(a)(2) | 45:438(b) (related to rules, regulations, orders, or standards issued under this subchapter). | Oct. 16, 1970, Pub. L. 91–458, §209(b) (related to rules, regulations, orders, or standards issued under this title), 84 Stat. 975; Jan. 3, 1975, Pub. L. 93–633, §204(a), 88 Stat. 2165; June 22, 1988, Pub. L. 100–342, §3(a)(2), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(a)(1), 106 Stat. 973. |
| 21301(a)(3) | 45:438(c) (5th, 6th sentences). | |
| 21301(b) | 45:438(c) (7th sentence). | |
| 21301(c) | 45:438(c) (8th sentence). |
In subsection (a), the words “impose” and “imposed” are substituted for “assessed”, for consistency in the revised title.
In subsection (a)(1), the first 2 sentences are substituted for 45:438(a) and (c) (1st sentence) for consistency in the revised title and to eliminate unnecessary words. The words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The word “shall” in 45:438(c) (1st sentence) is retained from the source provisions. For a discussion of whether the authority of the Secretary of Transportation to impose a penalty is mandatory or permissive, see Railway Labor Executives’ Ass'n v. Dole, 760 F.2d 1021, 1024, 1025 (9th Cir. 1985); H.R. Conf. Rept. No. 100–637, 100th Cong., 2d Sess., p. 20; 134 Cong. Rec. H3470, May 23, 1988 (daily ed.); 134 Cong. Rec. S7510, June 9, 1988 (daily ed.). See also 134 Cong. Rec. E1946, June 10, 1988 (daily ed.). For an extended discussion of FRA's prosecutorial discretion, see Nationwide Rail Safety: Hearing Before the Subcommittee on Transportation, Tourism, and Hazardous Materials of the House Energy and Commerce Committee, 100th Cong., 1st Sess., pp. 54–65 (1987). See also section 6 of this bill that provides that this bill restates, without substantive change, the provisions of law replaced by this bill, and that this bill may not be construed as making a substantive change in the law restated. Therefore, the word “shall” in this subsection has the same meaning it has under existing law. The words “A separate violation” are substituted for “a separate offense” for consistency.
In subsection (a)(3), the words “may compromise the amount . . . to not less than $500” are substituted for “may, however, be compromised . . . for any amount, but in no event for an amount less than the minimum provided in subsection (b) of this section” for clarity and to eliminate unnecessary words. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (c), the words “deposited in” are substituted for “covered into” for consistency in the revised title and with other titles of the United States Code.
This amends 49:21301(a)(1) to clarify the restatement of 45:438(a) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 891).
2008—Subsec. (a)(1). Pub. L. 110–432, §204(d)(1), inserted “with section 20160 or” after “comply” and “section 20160 of this title or” after “violating”.
Subsec. (a)(2). Pub. L. 110–432, §302(a), substituted “$25,000.” for “$10,000.” and “$100,000.” for “$20,000.”
Pub. L. 110–432, §204(d)(2), inserted “The Secretary shall impose a civil penalty for a violation of section 20160 of this title.” after first sentence.
1996—Subsec. (a)(1). Pub. L. 104–287, §5(53)(B), substituted “Secretary under chapter 201 is liable” for “Secretary of Transportation under chapter 201 of this title is liable”.
Pub. L. 104–287, §5(53)(A), inserted “A person may not fail to comply with a regulation prescribed or order issued by the Secretary of Transportation under chapter 201 of this title.” before “Subject to”.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
(a)
(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 $25,000. 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 $100,000.
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 892; Pub. L. 110–432, div. A, title III, §302(b), Oct. 16, 2008, 122 Stat. 4878.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21302 | 45:6 (1st sentence words before 23d comma and between 24th comma and proviso, 2d sentence words before 2d comma, last sentence). | Mar. 2, 1893, ch. 196, §6 (1st sentence words before 23d comma and between 24th comma and proviso, 2d sentence words before 2d comma, last sentence), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85; Aug. 14, 1957, Pub. L. 85–135, §1(1), 71 Stat. 352; July 8, 1976, Pub. L. 94–348, §3(a), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, §7(a), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, §8(b), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(3), 9(a)(3), 106 Stat. 973, 974, 977. |
| 45:8 (words before 16th comma). | Mar. 2, 1903, ch. 976, §1 (words before 23d comma), 32 Stat. 943; June 22, 1988, Pub. L. 100–342, §13(2)(A), 102 Stat. 631. | |
| 45:9 (last sentence). | Mar. 2, 1903, ch. 976, 32 Stat. 943, §2 (last sentence); added Apr. 11, 1958, Pub. L. 85–375, §1(b)(3), 72 Stat. 86. | |
| 45:10 (words after 19th comma). | Mar. 2, 1903, ch. 976, §3 (last sentence words after semicolon), 32 Stat. 944. | |
| 45:12 (1st sentence words after semicolon). | Apr. 14, 1910, ch. 160, §3 (1st sentence words between semicolon and proviso), 36 Stat. 298. | |
| 45:13 (1st sentence words before last comma, 2d sentence words before proviso, last sentence). | Apr. 14, 1910, ch. 160, §4 (1st sentence words before last comma, 2d sentence words before proviso, last sentence), 36 Stat. 299; Aug. 14, 1957, Pub. L. 85–135, §1(2), 71 Stat. 352; July 8, 1976, Pub. L. 94–348, §3(b), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, §7(b), 92 Stat. 2461; June 22, 1988, Pub. L. 100–342, §13(3) (C)(i)–(iv), 102 Stat. 632; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(4), 9(a)(5), 106 Stat. 973, 974, 978. | |
| 45:14 (words after semicolon). | Apr. 14, 1910, ch. 160, §5 (words after semicolon), 36 Stat. 299. | |
| 45:30 (1st sentence related to 45:34). | Mar. 4, 1915, ch. 169, §2 (1st sentence related to §9 of Act of Feb. 17, 1911), 38 Stat. 1192; Apr. 22, 1940, ch. 124, §2, 54 Stat. 148; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320. | |
| 45:34 (1st sentence words before last comma, 2d, last sentences). | Feb. 17, 1911, ch. 103, §9 (1st sentence words before last comma, 2d, last sentences), 36 Stat. 916; Apr. 22, 1940, ch. 124, §1 (related to §9 of Act of Feb. 17, 1911), 54 Stat. 148; Aug. 14, 1957, Pub. L. 85–135, §3, 71 Stat. 352; Reorg. Plan No. 3 of 1965, eff. July 27, 1965, 79 Stat. 1320; July 8, 1976, Pub. L. 94–348, §3(c), 90 Stat. 818; Nov. 2, 1978, Pub. L. 95–574, §7(c), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, §8(c), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §14(7)(A), 102 Stat. 633; Sept. 3, 1992, Pub. L,. 102–365, §§4(a)(1), (c)(7), 9(a)(8), 106 Stat. 973, 975, 978. | |
| 45:43 (1st sentence words before last comma, 2d sentence, 3d sentence words before 5th comma, last sentence). | May 6, 1910, ch. 208, §7 (1st sentence words before last comma, 2d sentence, 3d sentence words before 5th comma, last sentence), 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, §3, 74 Stat. 904; restated June 22, 1988, Pub. L. 100–342, §15(4), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(5), 9(a)(6), 106 Stat. 973, 974, 978. | |
| 45:438(b) (related to 45:39). | Oct. 16, 1970, Pub. L. 91–458, §209(b) (related to §2 of Act of May 6, 1910), 84 Stat. 975; Jan. 3, 1975, Pub. L. 93–633, §204(a), 88 Stat. 2165; June 22, 1988, Pub. L. 100–342, §3(a)(2), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(a)(1), 106 Stat. 973. | |
| 49 App.:26(h) (1st sentence words before last comma, 2d, 3d sentences, 4th sentence words before last comma, last sentence). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(h) (1st sentence words before last comma, 2d, 3d sentences, 4th sentence words before last comma, last sentence); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; July 8, 1976, Pub. L. 94–348, §3(d), 90 Stat 818; Nov. 2, 1978, Pub. L. 95–574, §7(d), 92 Stat. 2461; Oct. 10, 1980, Pub. L. 96–423, §8(d), 94 Stat. 1814; June 22, 1988, Pub. L. 100–342, §17(7), (8), 102 Stat. 636; Sept. 3, 1992, Pub. L. 102–365, §§4(a)(1), (c)(6), 9(a)(7), 106 Stat. 973, 974, 978. | |
| 49 App.:1655(e)(1)(A), (C), (E)–(G), (K), (6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(e)(1)(A), (C), (E)–(G), (K), (6)(A), 80 Stat. 939. |
In subsection (a)(1), the words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The words “violating a regulation prescribed or order issued under chapter 201 of this title related to accident and incident reporting or investigation” are substituted for “violating . . . any rule, regulation, order, or standard issued under . . . the Federal Railroad Safety Act of 1970 [45 U.S.C. 431 et seq.] pertaining to accident reporting or investigations” in 45:43, and the words “violating chapters 203–209 of this title or a regulation or requirement prescribed or order issued under chapters 203–209” are substituted for various language in the source provisions, for clarity, for consistency in this section, and to eliminate unnecessary words. The words “liable to the United States Government for a civil penalty” are substituted for “liable to a penalty” for clarity. The text of 45:438(b) (related to 45:39) is omitted as covered by 45:43.
In subsection (a)(2), the words “The Secretary of Transportation imposes a civil penalty under this subsection” are substituted for “to be assessed by the Secretary of Transportation” in 45:6, “Such penalty shall be assessed by the Secretary of Transportation” in 45:13, the text of 45:10 (words after 7th comma) and 14 (words after semicolon), and “in such amount . . . as the Secretary of Transportation deems reasonable” in 45:34 and 43 and 49 App.:26(h) for clarity and to eliminate unnecessary words. The words “per violation” are omitted as surplus.
In subsections (a)(3) and (b), the words “Attorney General” are substituted for “United States attorney”, “such attorneys, subject to the direction of the Attorney General”, “proper United States attorney” and “proper United States attorneys” because of 28:509.
In subsection (a)(3), the words “section 3711 of title 31” are substituted for “the Federal Claims Collection Act of 1966” and “sections 3711 and 3716 to 3718 of title 31” because the Federal Claims Collection Act of 1966 has been repealed and reenacted as part of title 31 and penalties are compromised under 31:3711. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (a)(4), the words “the Secretary shall refer the matter to the Attorney General for collection” are substituted for “recovered in a suit or suits to be brought by” for clarity. The words “and it shall also be the duty of the Secretary of Transportation to lodge with . . . information of any such violations as may come to his knowledge” and “and it shall be the duty of the director of locomotive inspection to give information . . . of all violations coming to his knowledge” are omitted as obsolete.
In subsection (b), the words “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” are substituted for “and it shall be the duty of such United States attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred” in 45:6, and for “It shall be the duty of such attorneys to bring such suits upon duly verified information being lodged with them showing such violations having occurred” in 49 App.:26, for clarity and consistency in this section and with other provisions of the revised title.
2008—Subsec. (a)(2). Pub. L. 110–432 substituted “$25,000.” for “$10,000.” and “$100,000.” for “$20,000.”
(a)
(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 $25,000. 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 $100,000.
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 892; Pub. L. 103–440, title II, §204, Nov. 2, 1994, 108 Stat. 4620; Pub. L. 104–287, §5(54), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title I, §108(e)(2)(B), title III, §302(c), Oct. 16, 2008, 122 Stat. 4866, 4878.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21303 | 45:63a(d) (related to 45:64a). | Mar. 4, 1907, ch. 2939, 34 Stat. 1415, §3A(d) (related to §5); added July 8, 1976, Pub. L. 94–348, §4(d), 90 Stat. 819; June 22, 1988, Pub. L. 100–342, §16(4), 102 Stat. 635. |
| 45:64a(a)(1) (1st sentence words before last comma, 2d–4th sentences, 5th sentence words before last comma, last sentence). | Mar. 4, 1907, ch. 2939, §5(a)(1) (1st sentence words before last comma, 2d–4th sentences, 5th sentence words before last comma, last sentence), 34 Stat. 1417; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; July 8, 1976, Pub. L. 94–348, §4(e), 90 Stat. 819; Oct. 10, 1980, Pub. L. 96–423, §12, 94 Stat. 1816; restated June 22, 1988, Pub. L. 100–342, §16(6)(A), 102 Stat. 635; Sept. 3, 1992, Pub. L,. 102–365, §§4(a)(2), (c)(2), 9(a)(2), 106 Stat. 973, 974, 977. | |
| 45:64a(a)(2). | Mar. 4, 1907, ch. 2939, §5(a)(2), 34 Stat. 1417; Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; July 8, 1976, Pub. L. 94–348, §4(e), 90 Stat. 819; restated Oct. 10, 1980, Pub. L. 96–423, §12, 94 Stat. 1816; June 22, 1988, Pub. L. 100–342, §16(6)(B), 102 Stat. 635. | |
| 45:64a(b). | Mar. 4, 1907, ch. 2939, §5(b), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464. | |
| 45:64a(c). | Mar. 4, 1907, ch. 2939, §5(c), 34 Stat. 1417; restated Dec. 26, 1969, Pub. L. 91–169, §1, 83 Stat. 464; June 22, 1988, Pub. L. 100–342, §16(6)(C), 102 Stat. 635. |
In this section, the words “Attorney General” are substituted for “United States attorney” because of 28:509. The words “civil action” are substituted for “suit or suits”, “action”, and “prosecutions” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a)(1), the words “(including but not limited to a railroad; any manager, supervisor, official, or other employee or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any independent contractor providing goods or services to a railroad; and any employee of such owner, manufacturer, lessor, lessee, or independent contractor)” are omitted as surplus because of the definition of “person” in 1:1 and because the provision being violated indicates to whom it applies. The words “violating chapter 211 of this title” are substituted for “that requires or permits any employee to go, be, or remain on duty in violation of section 62, section 63, or section 63a of this title, or that violates any other provision of this chapter” to eliminate unnecessary words. The words “to the United States Government for a civil penalty” are substituted for “for a penalty” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(2), the words “The Secretary of Transportation imposes a civil penalty under this subsection” are substituted for “as the Secretary of Transportation deems reasonable” for clarity and consistency.
In subsection (a)(3), the words “section 3711 of title 31” are substituted for “sections 3711 and 3716 to 3718 of title 31” because penalties are compromised under 31:3711. In clause (B), the words “prior or subsequent” are omitted as unnecessary.
In subsection (a)(4), the words “the Secretary shall refer the matter to the Attorney General for collection” are substituted for “recovered in a suit or suits to be brought by” for clarity. The text of 45:64a(b) is omitted as obsolete.
In subsection (b)(1), the words “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” are substituted for “It shall be the duty of the United States attorney to bring such an action upon satisfactory information being lodged with him” for clarity and consistency in this section and with other provisions of the revised title.
In subsection (c), the words “any proceeding” are substituted for “all prosecutions” for consistency in the revised title.
This amends 49:21303(a)(1) to correct a grammatical error.
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a)(1), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Subsec. (a)(1). Pub. L. 110–432, §108(e)(2)(B), inserted “including section 21103 (as such section was in effect on the day before the date of enactment of the Rail Safety Improvement Act of 2008),” after “chapter 211 of this title,”.
Subsec. (a)(2). Pub. L. 110–432, §302(c), substituted “$25,000.” for “$10,000.” and “$100,000.” for “$20,000.”
1996—Subsec. (a)(1). Pub. L. 104–287 inserted a comma after “chapter 211 of this title”.
1994—Subsec. (a)(1). Pub. L. 103–440 inserted “or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title,” after “chapter 211 of this title”.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 893.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21304 | 45:6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence). | Mar. 2, 1893, ch. 196, §6 (1st sentence words between 23d and 24th commas, 2d sentence words after 2d comma, 3d sentence), 27 Stat. 532; restated June 22, 1988, Pub. L. 100–342, §13(1)(F), 102 Stat. 630; Sept. 3, 1992, Pub. L. 102–365, §9(a)(3), 106 Stat. 977. |
| 45:13 (1st sentence words after last comma, 3d, 4th sentences). | Apr. 14, 1910, ch. 160, §4 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 299; June 22, 1988, Pub. L. 100–342, §13(3)(C)(iii), (v), 102 Stat. 632. | |
| 45:34 (1st sentence words after last comma, 3d, 4th sentences). | Feb. 17, 1911, ch. 103, §9 (1st sentence words after last comma, 3d, 4th sentences), 36 Stat. 916; June 22, 1988, Pub. L. 100–342, §14(7), 102 Stat. 633. | |
| 45:43 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence). | May 6, 1910, ch. 208, §7 (1st sentence words after last comma, 3d sentence words after 5th comma, 4th sentence), 36 Stat. 351; Sept. 13, 1960, Pub. L. 86–762, §3, 74 Stat. 904; restated June 22, 1988, Pub. L. 100–342, §15(4), 102 Stat. 634. | |
| 45:64a(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence). | Mar. 4, 1907, ch. 2939, §5(a)(1) (1st sentence words after last comma, 5th sentence words after last comma, 6th sentence), 34 Stat. 1417; restated June 22, 1988, Pub. L. 100–342, §16(6)(A), 102 Stat. 635. | |
| 45:438(c) (2d, 9th, last sentences). | Oct. 16, 1970, Pub. L. 91–458, §209(c) (2d, 8th, last sentences), 84 Stat. 975; June 22, 1988, Pub. L. 100–342, §3(a)(3)(A), (C), 102 Stat. 624; Sept. 3, 1992, Pub. L. 102–365, §4(c)(1), 106 Stat. 974. | |
| 49 App.:26(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence). | Feb. 4, 1887, ch. 104, 24 Stat. 379, §25(h) (1st sentence words after last comma, 4th sentence words after last comma, 5th sentence); added Feb. 28, 1920, ch. 91, §441, 41 Stat. 498; restated Aug. 26, 1937, ch. 818, 50 Stat. 837; Sept. 18, 1940, ch. 722, §14(b), 54 Stat. 919; June 22, 1988, Pub. L. 100–342, §17(7), 102 Stat. 636. |
The word “official” is added the 2d time it appears for consistency in this section.
(a)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 893; Pub. L. 110–432, div. A, title III, §310, Oct. 16, 2008, 122 Stat. 4882.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 21311(a) | 45:438(e). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §209(e); added Oct. 10, 1980, Pub. L. 96–423, §7, 94 Stat. 1814. |
| 21311(b) | 45:39 (related to fine). | May 6, 1910, ch. 208, §2 (related to fine), 36 Stat. 351; Jan. 3, 1975, Pub. L. 93–633, §204(b), 88 Stat. 2166; June 22, 1988, Pub. L. 100–342, §15(2), 102 Stat. 634; Sept. 3, 1992, Pub. L. 102–365, §4(a)(3), 106 Stat. 973. |
In subsection (a), before clause (1), the words “fined under title 18” are substituted for “fined not more than $5,000” for consistency with title 18. In clause (1), the word “prepared” is omitted as surplus. In clause (4), the word “prepares” is omitted as surplus.
In subsection (b), the words “shall be deemed guilty of a misdemeanor” are omitted for consistency with title 18. The words “upon conviction thereof by a court of competent jurisdiction” and “punished by a” are omitted as surplus.
2008—Subsec. (b). Pub. L. 110–432 amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”
(a)
(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 Surface Transportation Board 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)
(c)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 894; Pub. L. 104–88, title III, §308(f)(1), (2), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22101(a) | 49 App.:1654(b). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(b), (c), (n)–(p); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102– 106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1844, 1848. |
| 49 App.:1654(p). | ||
| 22101(b) | 49 App.:1654(n). | |
| 22101(c) | 49 App.:1654(c). | |
| 22101(d) | 49 App.:1654(o). |
In this chapter, the word “transportation” is substituted for “service” for consistency in the revised title.
In subsection (a), before clause (1), the words “when a rail carrier . . . maintains a rail line in the State” are substituted for “As used in this section, the term ‘State’ means any State in which a rail carrier providing transportation . . . maintains any line of railroad” because of the restatement. The words “the jurisdiction of the Interstate Commerce Commission” are omitted as unnecessary because of 49:ch. 105. In clause (1), the words “by purchase, lease” are omitted as being included in “in any way the State considers appropriate” to eliminate unnecessary words.
In subsection (b), the words “no later than July 1, 1990” are omitted as executed.
In subsection (c)(1), before clause (A), the words “Assistance for a project shall be provided under this chapter only if” are substituted for “No project shall be provided rail freight assistance under this section unless” because of the restatement.
In subsection (c)(2), the words “If the rail carrier that provided the transportation on the rail line” are substituted for “In a case where the railroad”, and the words “information required by the certification under paragraph (1)(A) of this subsection” are substituted for “such information”, for clarity.
1995—Subsec. (a). Pub. L. 104–88 substituted “part A of subtitle IV” for “subchapter I of chapter 105” in introductory provisions and “Surface Transportation Board” for “Interstate Commerce Commission” in par. (1).
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 895.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22102 | 49 App.:1654(a). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(a); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1844. |
In this section, before clause (1), the words “and the Secretary decides that” are substituted for “and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection” to eliminate unnecessary words. In clauses (2) and (3), the word “authority” is substituted for “agency” for consistency in the revised title. In clause (2), the word “fair” is substituted for “equitable” for consistency in the revised title. In clause (3)(A), the words “is authorized” are substituted for “has authority and administrative jurisdiction” to eliminate unnecessary words. In clause (3)(B), the words “directly or indirectly” are omitted as surplus. In clause (4), the word “adopt” is omitted as being included in “maintain”.
(a)
(b)
(1) the percentage of rail lines that rail carriers have identified to the Surface Transportation Board 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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104–88, title III, §308(f)(3), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22103(a) | 49 App.:1654(f) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(f); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1846. |
| 22103(b) | 49 App.:1654(f) (last sentence). |
In subsection (a), the words “under this chapter” are added for clarity. The words “a law” are substituted for “legislation” for consistency in the revised title.
In subsection (b)(3), the words “established by the Secretary” are omitted as surplus.
In subsection (b)(5), the words “applying for assistance” are omitted as unnecessary because of the restatement.
1995—Subsec. (b)(1). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 896.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22104(a) | 49 App.:1654(g) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(g); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1846. |
| 22104(b) | 49 App.:1654(g) (2d, 3d sentences). | |
| 22104(c) | 49 App.:1654(g) (4th, last sentences). |
In subsection (a)(1), the word “modify” is added for consistency with 49 App.:1654(a), restated in section 22102 of the revised title.
In subsection (b), the words “not later than the first day of the fiscal year for which the amounts are available” are substituted for “on or before the first day of the fiscal year” for clarity.
In subsection (c), the word “timely” is omitted as unnecessary. The words “the first 3 months after the end of the fiscal year for which the amounts were made available” are substituted for “the expiration of the period described in the previous sentence” for clarity.
(a)
(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)
(1) the project will benefit each State making the agreement; and
(2) the agreement is not a violation of State law.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 897.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22105(a) | 49 App.:1654(e). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(e), (j); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1845, 1847. |
| 22105(b) | 49 App.:1654(j). |
In this section, the words “project” and “projects” are substituted for “program” for clarity and consistency in this section.
In subsection (a)(1), before clause (A), the words “financial assistance for a project under this chapter” are substituted for “rail freight assistance project” for clarity and consistency in this chapter. In clause (B), the words “for use in its rail freight assistance program” are omitted as unnecessary because of the restatement. In clause (D), the words “State employees” are substituted for “State public employees” to eliminate an unnecessary word.
In subsection (b), before clause (1), the words “States may agree” are substituted for “Two or more States . . . enter into an agreement” to eliminate unnecessary words.
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 897; Pub. L. 104–287, §5(55), Oct. 11, 1996, 110 Stat. 3393; Pub. L. 110–432, div. A, title VII, §701(a), Oct. 16, 2008, 122 Stat. 4905.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22106(a) | 49 App.:1654(d)(1), (2). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(d), (i); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1845, 1847. |
| 22106(b) | 49 App.:1654(d)(3) (1st, 2d sentences). | |
| 22106(c) | 49 App.:1654(d)(3) (3d, last sentences). | |
| 22106(d) | 49 App.:1654(d)(4). | |
| 22106(e) | 49 App.:1654(i). |
In subsection (a), the words “financial assistance for projects under this chapter” are substituted for “assistance provided under subsection (b) of this section” for clarity. The words “rail carrier providing rail transportation” are substituted for “operator of rail service” for consistency in the revised title. The word “conditions” is omitted as being included in “terms”. The words “Secretary of the Treasury” are substituted for “Department of the Treasury” because of 31:301(b).
In subsection (b), the words “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary” are omitted as unnecessary.
In subsection (e)(2), the words “assistance under this chapter” are substituted for “Federal assistance” for clarity and consistency in this chapter.
This amends 49:22106(b) to clarify the restatement of 49 App.:1654(d)(3) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 897).
2008—Subsec. (a). Pub. L. 110–432, §701(a)(1), struck out last sentence which read as follows: “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.”
Subsec. (b). Pub. L. 110–432, §701(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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 in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation.”
Subsecs. (c), (d). Pub. L. 110–432, §701(a)(3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Text of former subsec. (c) read as follows: “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.”
Subsec. (e). Pub. L. 110–432, §701(a)(3), struck out subsec. (e). Text read as follows: “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.”
1996—Subsec. (b). Pub. L. 104–287 inserted “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation” after “under this chapter”.
Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.
1 So in original. Probably should be “thereon”.
(a)
(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)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 898; Pub. L. 104–88, title III, §308(f)(4), (5), Dec. 29, 1995, 109 Stat. 947; Pub. L. 104–316, title I, §127(c), Oct. 19, 1996, 110 Stat. 3840.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22107(a) | 49 App.:1654(k)(1). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(k)–(m); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1847. |
| 22107(b) | 49 App.:1654(k)(2), (3). | |
| 22107(c) | 49 App.:1654(l). | |
| 22107(d) | 49 App.:1654(m). |
In subsection (a), before clause (1), the words “an arrangement” are substituted for “whether in the form of grants, subgrants, contracts, subcontracts, or other arrangements”, and the word “project” is substituted for “project or undertaking”, to eliminate unnecessary words and for consistency in this chapter.
Subsection (b) is substituted for 49 App.:1654(k)(2) and (3) because of 31:ch. 75.
In subsection (d), the words “Not later than” are substituted for “On or before” for clarity. The word “submit” is substituted for “prepare, update, and submit” to eliminate unnecessary words. The words “based on level of usage” are omitted as surplus.
1996—Subsec. (b). Pub. L. 104–316 struck out “and the Comptroller General” after “Secretary”.
1995—Subsec. (c). Pub. L. 104–88, §308(f)(4), substituted “Surface Transportation Board” for “Interstate Commerce Commission” and “The Board” for “The Commission”.
Subsec. (d). Pub. L. 104–88, §308(f)(5), substituted “part A of subtitle IV” for “subchapter I of chapter 105”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
(a)
(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 under this subsection to the Secretary for any period after September 30, 1994, to carry out this chapter.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 898; Pub. L. 103–429, §6(20), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22108(a) | 49 App.:1654(q). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(h), (q); added Feb. 5, 1976, Pub. L. 94–210, §803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§102–106(a), 107– 109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, §115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, §501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, §4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, §2(a), (c), 103 Stat. 1843, 1847, 1848; Sept. 3, 1992, Pub. L. 102–365, §14, 106 Stat. 980. |
| 22108(b) | 49 App.:1654(h). | |
| 22108(c) | (no source). |
In subsection (a), the words “to carry out this chapter” are substituted for “for the purposes of this section” and “under this section” for clarity. The reference to fiscal years 1991 and 1992 is omitted as obsolete.
Subsection (c) is added because section 2(b)(1) of the Local Rail Service Reauthorizing Act (Public Law 101–213, 103 Stat. 1843) provided that amounts available for fiscal year 1990 to carry out section 5(i) of the Department of Transportation Act that were not applied for or remained unobligated are available to the Secretary in carrying out projects under this chapter, as in effect on October 1, 1990.
This amends 49:22108(a)(3) to clarify the restatement of 49 App.:1654(q) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 898).
Section 5(i) of the Department of Transportation Act, referred to in subsec. (c), is section 5(i) of Pub. L. 89–670, which was classified to section 1654(i) of former Title 49, Transportation, and was repealed and reenacted as section 22106(e) of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 898, 1379. Subsequently, section 22106(e) of this title was repealed by Pub. L. 110–432, div. A, title VII, §701(a)(3), Oct. 16, 2008, 122 Stat. 4906.
1996—Subsec. (b). Pub. L. 104–287 substituted “Committee on Transportation and Infrastructure” for “Committee on Energy and Commerce”.
1994—Subsec. (a)(3). Pub. L. 103–429 inserted “under this subsection” after “appropriated”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 11th item on page 135 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
1 See References in Text note below.
2007—Pub. L. 110–140, title XI, §1112(a), Dec. 19, 2007, 121 Stat. 1758, substituted “CAPITAL GRANTS FOR CLASS II AND CLASS III RAILROADS” for “LIGHT DENSITY RAIL LINE PILOT PROJECTS” in chapter heading and “Capital grants for class II and class III railroads” for “Light density rail line pilot projects” in item 22301.
(a)
(1)
(A)(i) rehabilitate, preserve, or improve railroad track (including roadbed, bridges, and related track structures) used primarily for freight transportation;
(ii) facilitate the continued or greater use of railroad transportation for freight shipments; and
(iii) reduce the use of less fuel efficient modes of transportation in the transportation of such shipments; or
(B) demonstrate innovative technologies and advanced research and development that increase fuel economy, reduce greenhouse gas emissions, and lower the costs of operation.
(2)
(A) directly to the class II or class III railroad; or
(B) with the concurrence of the class II or class III railroad, to a State or local government.
(3)
(4)
(b)
(c)
(d)
(e)
(1)
(2)
(f)
(g)
(Added Pub. L. 110–140, title XI, §1112(a), Dec. 19, 2007, 121 Stat. 1758; amended Pub. L. 110–432, div. A, title VII, §701(b), Oct. 16, 2008, 122 Stat. 4906.)
The date of the enactment of this chapter, referred to in subsec. (d), probably means the date of enactment of Pub. L. 110–140, which amended this chapter generally and was approved Dec. 19, 2007.
The Railway Labor Act, referred to in subsec. (e)(2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
A prior section 22301, added Pub. L. 105–178, title VII, §7202(a), June 9, 1998, 112 Stat. 470, related to grants for light density rail line pilot projects, prior to the general amendment of this chapter by Pub. L. 110–140.
2008—Subsec. (a)(1)(A)(iii). Pub. L. 110–432 substituted “or” for “and”.
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
1 So in original. The word “the” probably should not appear.
The Secretary of Transportation shall make grants—
(1) to a maximum of 3 States per year for development or continuance of enhanced public education and awareness activities, in combination with targeted law enforcement, to significantly reduce violations of traffic laws at highway-rail grade crossings and to help prevent and reduce injuries and fatalities along railroad rights-of-way; and
(2) to provide for priority highway-rail grade crossing safety improvements, including the installation, repair, or improvement of—
(A) railroad crossing signals, gates, and related technologies, including median barriers and four quadrant gates;
(B) highway traffic signalization, including highway signals tied to railroad signal systems;
(C) highway lighting and crossing approach signage;
(D) roadway improvements, including railroad crossing panels and surfaces; and
(E) related work to mitigate dangerous conditions.
(Added Pub. L. 110–432, div. A, title II, §207(a), Oct. 16, 2008, 122 Stat. 4873.)
Pub. L. 110–432, div. A, title II, §202, Oct. 16, 2008, 122 Stat. 4868, provided that:
“(a)
“(b)
[For definitions of “Secretary”, “State”, and “crossing”, as used in section 202 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Pub. L. 110–432, div. A, title II, §206, Oct. 16, 2008, 122 Stat. 4873, provided that:
“(a)
“(b)
“(c)
“(1) $2,000,000 for each of fiscal years 2010 and 2011; and
“(2) $1,500,000 for each of fiscal years 2012 and 2013.”
[For definitions of “railroad”, “crossing”, “Secretary”, and “State”, as used in section 206 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
The Secretary shall provide the grants to the State agency or agencies responsible for highway-rail grade crossing safety.
(Added Pub. L. 110–432, div. A, title II, §207(a), Oct. 16, 2008, 122 Stat. 4874.)
(a)
(b)
(Added Pub. L. 110–432, div. A, title II, §207(a), Oct. 16, 2008, 122 Stat. 4874.)
Section 202 of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is section 202 of Pub. L. 110–432, which is set out as a note under section 22501 of this title.
(a)
(b)
(Added Pub. L. 110–432, div. A, title II, §207(a), Oct. 16, 2008, 122 Stat. 4874.)
There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2010 through 2013 to carry out the provisions of section 22501(1) of this chapter. There are authorized to be appropriated to the Secretary $1,500,000 for each of fiscal years 2010 through 2013 to carry out the provisions of section 22501(2) of this chapter. Amounts appropriated pursuant to this section shall remain available until expended.
(Added Pub. L. 110–432, div. A, title II, §207(a), Oct. 16, 2008, 122 Stat. 4874.)
In this subchapter: 1
(1)
(A)
(i) means a benefit accrued to a person or private entity, other than Amtrak, that directly improves the economic and competitive condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the Secretary; and
(ii) shall be determined on a project-by-project basis, based upon an agreement between the parties.
(B)
(2)
(A)
(i) means a benefit accrued to the public, including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient energy use, enhanced public safety or security, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and
(ii) shall be determined on a project-by-project basis, based upon an agreement between the parties.
(B)
(3)
(4)
(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4947.)
1 So in original. Probably should be “chapter:”.
(a)
(b)
(1) establish or designate a State rail transportation authority to prepare, maintain, coordinate, and administer the plan;
(2) establish or designate a State rail plan approval authority to approve the plan;
(3) submit the State's approved plan to the Secretary of Transportation for review; and
(4) revise and resubmit a State-approved plan no less frequently than once every 5 years for reapproval by the Secretary.
(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4948.)
(a)
(1) To set forth State policy involving freight and passenger rail transportation, including commuter rail operations, in the State.
(2) To establish the period covered by the State rail plan.
(3) To present priorities and strategies to enhance rail service in the State that benefits the public.
(4) To serve as the basis for Federal and State rail investments within the State.
(b)
(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4948.)
(a)
(b)
(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4949.)
(a)
(1) An inventory of the existing overall rail transportation system and rail services and facilities within the State and an analysis of the role of rail transportation within the State's surface transportation system.
(2) A review of all rail lines within the State, including proposed high-speed rail corridors and significant rail line segments not currently in service.
(3) A statement of the State's passenger rail service objectives, including minimum service levels, for rail transportation routes in the State.
(4) A general analysis of rail's transportation, economic, and environmental impacts in the State, including congestion mitigation, trade and economic development, air quality, land-use, energy-use, and community impacts.
(5) A long-range rail investment program for current and future freight and passenger infrastructure in the State that meets the requirements of subsection (b).
(6) A statement of public financing issues for rail projects and service in the State, including a list of current and prospective public capital and operating funding resources, public subsidies, State taxation, and other financial policies relating to rail infrastructure development.
(7) An identification of rail infrastructure issues within the State that reflects consultation with all relevant stakeholders.
(8) A review of major passenger and freight intermodal rail connections and facilities within the State, including seaports, and prioritized options to maximize service integration and efficiency between rail and other modes of transportation within the State.
(9) A review of publicly funded projects within the State to improve rail transportation safety and security, including all major projects funded under section 130 of title 23.
(10) A performance evaluation of passenger rail services operating in the State, including possible improvements in those services, and a description of strategies to achieve those improvements.
(11) A compilation of studies and reports on high-speed rail corridor development within the State not included in a previous plan under this subchapter,1 and a plan for funding any recommended development of such corridors in the State.
(12) A statement that the State is in compliance with the requirements of section 22102.
(b)
(1)
(A) A list of any rail capital projects expected to be undertaken or supported in whole or in part by the State.
(B) A detailed funding plan for those projects.
(2)
(A) a description of the anticipated public and private benefits of each such project; and
(B) a statement of the correlation between—
(i) public funding contributions for the projects; and
(ii) the public benefits.
(3)
(A) Contributions made by non-Federal and non-State sources through user fees, matching funds, or other private capital involvement.
(B) Rail capacity and congestion effects.
(C) Effects on highway, aviation, and maritime capacity, congestion, or safety.
(D) Regional balance.
(E) Environmental impact.
(F) Economic and employment impacts.
(G) Projected ridership and other service measures for passenger rail projects.
(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4949.)
1 So in original. Probably should be “chapter,”.
The Secretary shall prescribe procedures for States to submit State rail plans for review under this title, including standardized format and data requirements. State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of this chapter, as determined by the Secretary, shall be deemed by the Secretary to have met the requirements of this chapter.
(Added Pub. L. 110–432, div. B, title III, §303(a), Oct. 16, 2008, 122 Stat. 4950.)
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in text, is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Pub. L. 110–432, div. B, title II, §201(e)(2), title III, §302(b), Oct. 16, 2008, 122 Stat. 4911, 4947, substituted “Findings, mission, and goals” for “Findings, purpose, and goals” in item 24101 and added item 24105.
(a)
(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)
(c)
(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, separately or in combination, 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) provide additional or complementary intercity transportation service to ensure mobility in times of national disaster or other instances where other travel options are not adequately available;
(10) carry out policies that ensure equitable access to the Northeast Corridor by intercity and commuter rail passenger transportation;
(11) coordinate the uses of the Northeast Corridor, particularly intercity and commuter rail passenger transportation; and
(12) maximize the use of its resources, including the most cost-effective use of employees, facilities, and real property.
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 899; Pub. L. 105–134, title I, §105(b), title II, §201, Dec. 2, 1997, 111 Stat. 2573, 2578; Pub. L. 110–432, div. B, title II, §§201(e)(1), 218(a)(1), Oct. 16, 2008, 122 Stat. 4910, 4930.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24101(a) | 45:501. | Oct. 30, 1970, Pub. L. 91–518, §101, 84 Stat. 1328; Sept. 29, 1979, Pub. L. 96–73, §102, 93 Stat. 537; restated Aug. 13, 1981, Pub. L. 97–35, §1171, 95 Stat. 687. |
| 24101(b) | 45:541 (2d sentence words after 1st comma). | Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words after 1st comma), 84 Stat. 1330; Aug. 13, 1981, Pub. L. 97–35, §1188(a), 95 Stat. 699. |
| 24101(c) | 45:501a (less (14) (last sentence)). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §102; added Sept. 29, 1979, Pub. L. 96–73, §103(a), 93 Stat. 537; Aug. 13, 1981, Pub. L. 97–35, §1172, 95 Stat. 688. |
| 24101(d) | 45:501a(14) (last sentence). |
In this part, the word “Amtrak” is substituted for “National Railroad Passenger Corporation”, and the words “Amtrak Commuter” are substituted for “Amtrak Commuter Services Corporation”, to reflect the more current and commonly used names of the entities. The words “rail transportation” are substituted for “rail service” and “rail services”, the word “transportation” is substituted for “service” where appropriate, and the word “authority” is substituted for “agency”, as being more appropriate and for consistency in the revised title and with other titles of the United States Code. The words “rail carrier” are substituted for “railroad” because of the definitions of “rail carrier” and “railroad” in 49:10102.
In subsection (a), the words “The Congress finds that the” and “The Congress further finds that” are omitted as surplus.
In subsection (a)(3), the words “greatest possible choice of” are substituted for “to the maximum extent feasible . . . the freedom to choose the mode of” to eliminate unnecessary words.
In subsection (c), before clause (1), the words “Amtrak shall” are substituted for “The Congress hereby establishes the following goals for Amtrak” to eliminate unnecessary words. The text of 45:501a(3) and (4) is omitted as executed. The text of 45:501a(9) is omitted as obsolete because there no longer are any technical assistance panels. In clause (2), the words “stations and other” are omitted as surplus. In clause (4), the words “for such operation” are omitted as surplus. In clause (10), the word “various” is omitted as surplus. In clause (11), the words “real property” are substituted for “real estate” for consistency in the revised title and with other titles of the Code.
Section 204 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (d), is section 204 of Pub. L. 110–432, which is set out in a note below.
2008—Pub. L. 110–432, §201(e)(1)(A), substituted “mission” for “purpose” in section catchline.
Subsec. (b). Pub. L. 110–432, §201(e)(1)(B), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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.”
Subsec. (c)(9) to (12). Pub. L. 110–432, §201(e)(1)(C), added par. (9) and redesignated former pars. (9) to (11) as (10) to (12), respectively.
Subsec. (d). Pub. L. 110–432, §218(a)(1)(B), substituted “Amtrak and its Board of Directors shall adopt a long-term plan that minimizes the need for Federal operating subsidies.” for “Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Pub. L. 110–432, §218(a)(1)(A), which directed substitution of “plan, consistent with section 204 of the Passenger Rail Investment and Improvement Act of 2008, including the budgetary goals for fiscal years 2009 through 2013.” for “plan to operate within the funding levels authorized by section 24104 of this chapter, including the budgetary goals for fiscal years 1998 through 2002.” was executed by making the substitution for “plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002.” to reflect the probable intent of Congress.
Pub. L. 110–432, §201(e)(1)(D), substituted “subsection (c)(12)” for “subsection (c)(11)”.
1997—Subsec. (c)(2). Pub. L. 105–134, §105(b), inserted “, separately or in combination,” after “and the private sector”.
Subsec. (d). Pub. L. 105–134, §201, inserted at end “Amtrak shall prepare a financial plan to operate within the funding levels authorized by section 24104 of this chapter, including budgetary goals for fiscal years 1998 through 2002. Commencing no later than the fiscal year following the fifth anniversary of the Amtrak Reform and Accountability Act of 1997, Amtrak shall operate without Federal operating grant funds appropriated for its benefit.”
Pub. L. 110–432, div. B, title II, §201(c), Oct. 16, 2008, 122 Stat. 4910, provided that: “Nothing in this division [see Short Title of 2008 Amendment note set out under section 20101 of this title] is intended to preclude Amtrak from restoring, improving, or developing non-high-speed intercity passenger rail service.”
Pub. L. 110–432, div. B, title II, §§203–209, Oct. 16, 2008, 122 Stat. 4912–4917, provided that:
“(a)
“(1) may employ an independent financial consultant with experience in railroad accounting to assist Amtrak in improving Amtrak's financial accounting and reporting system and practices;
“(2) shall implement a modern financial accounting and reporting system not later than 3 years after the date of enactment of this Act [Oct. 16, 2008]; and
“(3) shall, not later than 90 days after the end of each fiscal year through fiscal year 2013—
“(A) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a comprehensive report that allocates all of Amtrak's revenues and costs to each of its routes, each of its lines of business, and each major activity within each route and line of business activity, including—
“(i) train operations;
“(ii) equipment maintenance;
“(iii) food service;
“(iv) sleeping cars;
“(v) ticketing;
“(vi) reservations; and
“(vii) unallocated fixed overhead costs;
“(B) include the report described in subparagraph (A) in Amtrak's annual report; and
“(C) post such report on Amtrak's website.
“(b)
“(c)
“(a)
“(1) the first day of each fiscal year beginning after the date of enactment of this Act [Oct. 16, 2008]; or
“(2) the date that is 60 days after the date of enactment of an appropriations Act for the fiscal year, if later.
“(b)
“(1) all projected revenues and expenditures for Amtrak, including governmental funding sources;
“(2) projected ridership levels for all Amtrak passenger operations;
“(3) revenue and expenditure forecasts for non-passenger operations;
“(4) capital funding requirements and expenditures necessary to maintain passenger service in order to accommodate predicted ridership levels and predicted sources of capital funding;
“(5) operational funding needs, if any, to maintain current and projected levels of passenger service, including State-supported routes and predicted funding sources;
“(6) projected capital and operating requirements, ridership, and revenue for any new passenger service operations or service expansions;
“(7) an assessment of the continuing financial stability of Amtrak, as indicated by factors such as anticipated Federal funding of capital and operating costs, Amtrak's ability to efficiently recruit, retain, and manage its workforce, and Amtrak's ability to effectively provide passenger rail service;
“(8) estimates of long-term and short-term debt and associated principal and interest payments (both current and anticipated);
“(9) annual cash flow forecasts;
“(10) a statement describing methods of estimation and significant assumptions;
“(11) specific measures that demonstrate measurable improvement year over year in the financial results of Amtrak's operations;
“(12) prior fiscal year and projected operating ratio, cash operating loss, and cash operating loss per passenger on a route, business line, and corporate basis;
“(13) prior fiscal year and projected specific costs and savings estimates resulting from reform initiatives;
“(14) prior fiscal year and projected labor productivity statistics on a route, business line, and corporate basis;
“(15) prior fiscal year and projected equipment reliability statistics; and
“(16) capital and operating expenditures for anticipated security needs.
“(c)
“(1) apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or combinations of such practices;
“(2) use the categories specified in the financial accounting and reporting system developed under section 203 when preparing its 5-year financial plan; and
“(3) ensure that the plan is consistent with the authorizations of appropriations under title I of this division [122 Stat. 4908].
“(d)
“(a)
“(b)
“(c)
“(1) shall take into consideration repayment costs, the term of any loan or loans, and market conditions; and
“(2) shall ensure that the restructuring results in significant savings to Amtrak and the United States Government.
“(d)
“(e)
“(1)
“(2)
“(f)
“(1) modify the extent or nature of any indebtedness of Amtrak to the United States in existence as of the date of enactment of this Act [Oct. 16, 2008];
“(2) change the private nature of Amtrak's or its successors’ liabilities; or
“(3) imply any Federal guarantee or commitment to amortize Amtrak's outstanding indebtedness.
“(g)
“(h)
“(1) describing in detail any agreements to restructure the Amtrak debt; and
“(2) providing an estimate of the savings to Amtrak and the United States Government.
“(a)
“(b)
“(1) The Amtrak Operating account.
“(2) The Amtrak General Capital account.
Amtrak may not transfer such funds to another account or expend such funds for any purpose other than the purposes covered by the account in which the funds are deposited without approval by the Secretary [of Transportation].
“(c)
“(1) 30-
“(2) 15-
“(3)
“(a)
“(b)
“(c)
“(d)
“(a)
“(1) the current or expected performance and service quality of intercity passenger train operations, including cost recovery, on-time performance and minutes of delay, ridership, on-board services, stations, facilities, equipment, and other services;
“(2) connectivity of a route with other routes;
“(3) the transportation needs of communities and populations that are not well served by intercity passenger rail service or by other forms of intercity transportation;
“(4) Amtrak's and other major intercity passenger rail service providers in other countries’ methodologies for determining intercity passenger rail routes and services; and
“(5) the views of the States and other interested parties.
“(b)
“(c)
“(a)
“(1) ensures, within 5 years after the date of enactment of this Act, equal treatment in the provision of like services of all States and groups of States (including the District of Columbia); and
“(2) allocates to each route the costs incurred only for the benefit of that route and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 route.
“(b)
“(c)
“(d)
Pub. L. 110–432, div. B, title II, §222, Oct. 16, 2008, 122 Stat. 4932, provided that:
“(a)
“(b)
Pub. L. 110–432, div. B, title III, §305, Oct. 16, 2008, 122 Stat. 4951, provided that:
“(a)
“(b)
“(1) determine the number of different types of equipment required, taking into account variations in operational needs and corridor infrastructure;
“(2) establish a pool of equipment to be used on corridor routes funded by participating States; and
“(3) subject to agreements between Amtrak and States, utilize services provided by Amtrak to design, maintain and remanufacture equipment.
“(c)
“(d)
“(e)
Pub. L. 108–447, div. H, title I, §150, Dec. 8, 2004, 118 Stat. 3221, which provided that for the purpose of assisting State-supported intercity rail service, in order to demonstrate whether competition would provide higher quality rail passenger service at reasonable prices, the Secretary of Transportation, working with affected States, was to develop and implement a procedure for fair competitive bidding by Amtrak and non-Amtrak operators for State-supported routes, was from the Consolidated Appropriations Act, 2005, and was not repeated in subsequent appropriation acts.
Similar provisions were contained in the following prior appropriation act:
Pub. L. 108–199, div. F, title I, §151, Jan. 23, 2004, 118 Stat. 303.
Pub. L. 105–134, §2, Dec. 2, 1997, 111 Stat. 2571, provided that: “The Congress finds that—
“(1) intercity rail passenger service is an essential component of a national intermodal passenger transportation system;
“(2) Amtrak is facing a financial crisis, with growing and substantial debt obligations severely limiting its ability to cover operating costs and jeopardizing its long-term viability;
“(3) immediate action is required to improve Amtrak's financial condition if Amtrak is to survive;
“(4) all of Amtrak's stakeholders, including labor, management, and the Federal Government, must participate in efforts to reduce Amtrak's costs and increase its revenues;
“(5) additional flexibility is needed to allow Amtrak to operate in a businesslike manner in order to manage costs and maximize revenues;
“(6) Amtrak should ensure that new management flexibility produces cost savings without compromising safety;
“(7) Amtrak's management should be held accountable to ensure that all investment by the Federal Government and State governments is used effectively to improve the quality of service and the long-term financial health of Amtrak;
“(8) Amtrak and its employees should proceed quickly with proposals to modify collective bargaining agreements to make more efficient use of manpower and to realize cost savings which are necessary to reduce Federal financial assistance;
“(9) Amtrak and intercity bus service providers should work cooperatively and develop coordinated intermodal relationships promoting seamless transportation services which enhance travel options and increase operating efficiencies;
“(10) Amtrak's Strategic Business Plan calls for the establishment of a dedicated source of capital funding for Amtrak in order to ensure that Amtrak will be able to fulfill the goals of maintaining—
“(A) a national passenger rail system; and
“(B) that system without Federal operating assistance; and
“(11) Federal financial assistance to cover operating losses incurred by Amtrak should be eliminated by the year 2002.”
Pub. L. 105–134, title II, §§202–205, Dec. 2, 1997, 111 Stat. 2578–2582, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–432, div. B, title II, §218(a)(2), Oct. 16, 2008, 122 Stat. 4930, provided that:
“(a)
“(b)
“(c)
“(1) cost allocation process and procedures;
“(2) expenses related to intercity rail passenger service, commuter service, and any other service Amtrak provides;
“(3) Strategic Business Plan, including Amtrak's projected expenses, capital needs, ridership, and revenue forecasts; and
“(4) assets and liabilities.
For purposes of paragraph (3), in the capital needs part of its Strategic Business Plan Amtrak shall distinguish between that portion of the capital required for the Northeast Corridor and that required outside the Northeast Corridor, and shall include rolling stock requirements, including capital leases, ‘state of good repair’ requirements, and infrastructure improvements.
“(d)
“(1)
“(2)
“(e)
“(a)
“(b)
“(1)
“(A) The Secretary of Transportation.
“(B) Two individuals appointed by the President, of which—
“(i) one shall be a representative of a rail labor organization; and
“(ii) one shall be a representative of rail management.
“(C) Three individuals appointed by the Majority Leader of the United States Senate.
“(D) One individual appointed by the Minority Leader of the United States Senate.
“(E) Three individuals appointed by the Speaker of the United States House of Representatives.
“(F) One individual appointed by the Minority Leader of the United States House of Representatives.
“(2)
“(A)
“(B)
“(i) may not be employees of the United States;
“(ii) may not be board members or employees of Amtrak;
“(iii) may not be representatives of rail labor organizations or rail management; and
“(iv) shall have technical qualifications, professional standing, and demonstrated expertise in the field of corporate management, finance, rail or other transportation operations, labor, economics, or the law, or other areas of expertise relevant to the Council.
“(3)
“(4)
“(A) the date on which all members of the Council have been appointed under paragraph (2)(A); or
“(B) 45 days after the date of enactment of this Act.
“(5)
“(c)
“(d)
“(e)
“(f)
“(g)
“(1)
“(A) evaluate Amtrak's performance; and
“(B) make recommendations to Amtrak for achieving further cost containment and productivity improvements, and financial reforms.
“(2)
“(A) Amtrak's operation as a national passenger rail system which provides access to all regions of the country and ties together existing and emerging rail passenger corridors;
“(B) appropriate methods for adoption of uniform cost and accounting procedures throughout the Amtrak system, based on generally accepted accounting principles; and
“(C) management efficiencies and revenue enhancements, including savings achieved through labor and contracting negotiations.
“(3)
“(A) the savings realized as a result of the agreement; and
“(B) how the savings are allocated.
“(h)
“(1) Amtrak's progress on the resolution of productivity issues; or
“(2) the status of those productivity issues,
and makes recommendations for improvements and for any changes in law it believes to be necessary or appropriate.
“(i)
Pub. L. 105–134, title IV, §410, Dec. 2, 1997, 111 Stat. 2587, provided that:
“(a)
“(1) retaining an existing service or commencing a new service;
“(2) assembling rights-of-way; and
“(3) performing capital improvements, including—
“(A) the construction and rehabilitation of maintenance facilities;
“(B) the purchase of locomotives; and
“(C) operational improvements, including communications, signals, and other systems.
“(b)
“(1) accept contributions from a unit of State or local government or a person;
“(2) use any Federal or State funds made available for intercity passenger rail service (except funds made available for Amtrak);
“(3) on such terms and conditions as the States consider advisable—
“(A) borrow money on a short-term basis and issue notes for the borrowing; and
“(B) issue bonds; and
“(4) obtain financing by other means permitted under Federal or State law.”
Pub. L. 110–432, div. B, §3, Oct. 16, 2008, 122 Stat. 4908, provided that: “In this division [see Short Title of 2008 Amendment note set out under section 20101 of this title], the term ‘Secretary’ means the Secretary of Transportation.”
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) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(3) “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.
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(5) “national rail passenger transportation system” means—
(A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
(B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by—
(i) Amtrak; or
(ii) another rail carrier that receives funds under chapter 244.
(6) “Northeast Corridor” means Connecticut, Delaware, the District of Columbia, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, and Rhode Island.
(7) “rail carrier” means a person, including a unit of State or local government, providing rail transportation for compensation.
(8) “rate” means a rate, fare, or charge for rail transportation.
(9) “regional transportation authority” means an entity established to provide passenger transportation in a region.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 900; Pub. L. 105–134, title IV, §407, Dec. 2, 1997, 111 Stat. 2586; Pub. L. 110–432, div. B, title II, §201(a), Oct. 16, 2008, 122 Stat. 4909.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24102(1) | 45:502(1). | Oct. 30, 1970, Pub. L. 91–518, §103(1), 84 Stat. 1328; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538. |
| 45:502(2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(2); added Aug. 13, 1981, Pub. L. 97–35, §1173(2), 95 Stat. 689. | |
| 45:502(3). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(3); added Nov. 3, 1973, Pub. L. 93–146, §2(2), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538; Aug. 13, 1981, Pub. L. 97–35, §1173(1), 95 Stat. 689; Apr. 7, 1986, Pub. L. 99–272, §4012, 100 Stat. 109. | |
| 45:502(6), (7), (10), (12), (14), (18). | Oct. 30, 1970, Pub. L. 91–518, §103(4)–(7), (10), (12), (14)–(18), 84 Stat. 1328; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 538, 539; Aug. 13, 1981, Pub. L. 97–35, §1173(1), 95 Stat. 689; Oct. 27, 1992, Pub. L. 102–533, §8(1), 106 Stat. 3519. | |
| 24102(2) | 45:502(4). | |
| 24102(3) | 45:502(5). | |
| 24102(4) | 45:502(8). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(8), (9); added Aug. 13, 1981, Pub. L. 97–35, §1173(3), 95 Stat. 689. |
| 24102(5) | 45:502(9). | |
| 24102(6) | 45:502(11). | Oct. 30, 1970, Pub. L. 91–518, §103(11), 84 Stat. 1328; Nov. 3, 1973, Pub. L. 93–146, §2(1), 87 Stat. 548; restated Sept. 29, 1979, Pub. L. 96–73, §§ 103(a), 104, 93 Stat. 537, 539; Aug. 13, 1981, Pub. L. 97–35, §1173(1), (4), 95 Stat. 689. |
| 24102(7) | 45:502(13). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §103(13); added Oct. 27, 1992, Pub. L. 102–533, §8(2), 106 Stat. 3519. |
| 45:851(c). | Feb. 5, 1976, Pub. L. 94–210, §701(c), 90 Stat. 120. | |
| 24102(8) | 45:502(14). | |
| 24102(9) | (no source). | |
| 24102(10) | 45:502(15). | |
| 24102(11) | 45:502(16). |
In clause (1), before subclause (A), the text of 45:502(1), (2), and (10) is omitted as surplus. The text of 45:502(6), (7), (12), (14), and (18) is omitted because the complete names of the Performance Evaluation Center, Interstate Commerce Commission, Railroad Safety System Program, Technical Assistance Panel, and Secretary of Transportation are used the first time the terms appear in a section. The words “characterized by transportation” are omitted as surplus.
In clause (3), the text of 45:502(5)(A) and the words “on and after October 1, 1979” are omitted as obsolete. Reference to 45:564(e) is omitted as obsolete because 45:564(e) was repealed by section 1183(d) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97–35, 95 Stat. 697).
In clauses (4) and (10), the words “authority, corporation, or other” are omitted as surplus.
In clause (4), the words “and includes the Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, any successor agencies, and any entity created by one or more such agencies for the purpose of operating” are omitted as surplus.
In clause (5), the words “whether within or across the geographical boundaries of a State” are omitted as surplus.
Clause (9) is added to eliminate repetition of the words “fares or charges” throughout this part.
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in par. (5)(C), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008.
2008—Pars. (2) to (5). Pub. L. 110–432 added par. (5), redesignated former pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “ ‘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.”
1997—Pars. (2) to (6). Pub. L. 105–134, §407(1), (2), redesignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: “ ‘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.”
Par. (7). Pub. L. 105–134, §407(2), (3), redesignated par. (8) as (7) and inserted “, including a unit of State or local government,” after “means a person”. Former par. (7) redesignated (6).
Pars. (8) to (10). Pub. L. 105–134, §407(2), redesignated pars. (8) to (10) as (7) to (9), respectively.
Par. (11). Pub. L. 105–134, §407(1), struck out par. (11) which read as follows: “ ‘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.”
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 901.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24103(a) | 45:547(a) (1st sentence less words between 13th–15th commas). | Oct. 30, 1970, Pub. L. 91–518, §307(a) (1st sentence), (b), 84 Stat. 1333. |
| 24103(b) | 45:547(a) (last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §307(a) (last sentence); added Aug. 13, 1981, Pub. L. 97–35, §1179, 95 Stat. 693. |
| 24103(c) | 45:547(a) (1st sentence words between 13th–15th commas), (b). |
In subsections (a) and (b), the words “may bring a civil action”, “may bring the civil action”, and “in a civil action brought by” are substituted for “upon petition of” and “on petition of” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a)(1), before clause (A), the words “Except as provided in paragraph (2) of this subsection” are added for clarity. The word “only” is added for clarity. See National Railroad Passenger Corp. et al. v. National Association of Railroad Passengers, 414 U.S. 453 (1974). In clauses (A) and (D)(i), the words “the policies and purposes of” are omitted as surplus.
In subsection (a)(2), the word “duly” is omitted as surplus.
In subsection (b), the words “in any court” are omitted as surplus.
Subsection (c) is substituted for 45:547(a) (1st sentence words between 13th–15th commas) for consistency in the revised title and with other titles of the United States Code. The text of 45:547(b) is omitted as surplus.
(a)
(1) $1,138,000,000 for fiscal year 1998;
(2) $1,058,000,000 for fiscal year 1999;
(3) $1,023,000,000 for fiscal year 2000;
(4) $989,000,000 for fiscal year 2001; and
(5) $955,000,000 for fiscal year 2002,
for the benefit of Amtrak for capital expenditures under chapters 243, 247, and 249 of this title, operating expenses, and payments described in subsection (c)(1)(A) through (C). In fiscal years following the fifth anniversary of the enactment of the Amtrak Reform and Accountability Act of 1997 no funds authorized for Amtrak shall be used for operating expenses other than those prescribed for tax liabilities under section 3221 of the Internal Revenue Code of 1986 that are more than the amount needed for benefits of individuals who retire from Amtrak and for their beneficiaries.
(b)
(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 1 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)
(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)
(1) 50 percent on October 1.
(2) 25 percent on January 1.
(3) 25 percent on April 1.
(e)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 902; Pub. L. 105–134, title III, §301(a), Dec. 2, 1997, 111 Stat. 2585.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24104(a) | 45:601(a). | Oct. 30, 1970, Pub. L. 91–518, §601, 84 Stat. 1338; June 22, 1972, Pub. L. 92–316, §9, 86 Stat. 231; Nov. 3, 1973, Pub. L. 93–146, §12, 87 Stat. 553; Oct. 28, 1974, Pub. L. 93–496, §8, 88 Stat. 1530; May 26, 1975, Pub. L. 94–25, §10, 89 Stat. 92; Oct. 19, 1976, Pub. L. 94–555, §102(a), (b), 90 Stat. 2613; Oct. 5, 1978, Pub. L. 95–421, §§2(a), (b)(1), 3, 92 Stat. 923; Sept. 29, 1979, Pub. L. 96–73, §122(a), (b)(1), 93 Stat. 550; May 30, 1980, Pub. L. 96–254, §§208, 211, 94 Stat. 414, 415; Aug. 13, 1981, Pub. L. 97–35, §§1138, 1139(a), 1185, 95 Stat. 652, 697; Jan. 14, 1983, Pub. L. 97–468, §302(c), 96 Stat. 2550; Apr. 7, 1986, Pub. L. 99–272, §4002, 100 Stat. 106; July 6, 1990, Pub. L. 101–322, §2, 104 Stat. 295; restated Oct. 27, 1992, Pub. L. 102–533, §7(a), 106 Stat. 3517. |
| 24104(b) | 45:601(b). | |
| 24104(c) | 45:601(c). | |
| 24104(d) | 45:601(d) (3d, last sentences), (e). | |
| 24104(e)(1) | 45:601(d) (2d sentence). | |
| 24104(e)(2) | 45:601(d) (1st sentence). | |
| 24104(f) | 45:854(b)(1) (related to 45:601). | Feb. 5, 1976, Pub. L. 94–210, §704(b)(1) (related to §601), 90 Stat. 123; Jan. 14, 1983, Pub. L. 97–468, §301(4)(A), 96 Stat. 2549. |
In subsection (a)(2), before clause (A), the words “In addition to amounts that may be appropriated under section 24909 of this title” are added for clarity.
In subsection (a)(3)(B) and (C), the words “or States” are omitted because of 1:1. Before each clause (i), the words “Except as provided in clause (ii)” are omitted as surplus.
In subsection (d), before clause (1), the words “by the Secretary” and “for expenditure by it” are omitted as surplus.
In subsection (e)(2), the words “Funds appropriated pursuant to this section shall be made available to the Secretary during the fiscal year for which appropriated” are omitted as surplus.
The enactment of the Amtrak Reform and Accountability Act of 1997, referred to in subsec. (a), probably means the date of enactment of Pub. L. 105–134, which was approved Dec. 2, 1997.
Section 3221 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 3221 of Title 26, Internal Revenue Code.
Section 24704 of this title, referred to in subsec. (b), was repealed by Pub. L. 105–134, title I, §105(a), Dec. 2, 1997, 111 Stat. 2573.
1997—Subsec. (a). Pub. L. 105–134 amended heading and text of subsec. (a) generally. Prior to amendment, subsec. (a) related to capital acquisition and corridor development.
Pub. L. 105–134, title II, §209, Dec. 2, 1997, 111 Stat. 2584, provided that:
“(a)
“(1) for any purpose other than making payments to non-Amtrak States (pursuant to section 977(c) of that Act), or the financing of qualified expenses (as that term is defined in section 977(e)(1) of that Act); or
“(2) to offset other amounts used for any purpose other than the financing of such expenses.
“(b)
Pub. L. 105–134, title IV, §411(b), Dec. 2, 1997, 111 Stat. 2589, provided that: “If the Reform Board has not assumed the responsibilities of the Board of Directors of Amtrak before July 1, 1998, all provisions authorizing appropriations under the amendments made by section 301(a) of this Act [amending this section] for a fiscal year after fiscal year 1998 shall cease to be effective. The preceding sentence shall have no effect on funds provided to Amtrak pursuant to section 977 of the Taxpayer Relief Act of 1997 [Pub. L. 105–34, 26 U.S.C. 172 note].”
1 See References in Text note below.
(a)
(b)
(1) identified by Amtrak as necessary to reduce congestion or facilitate ridership growth in intercity rail passenger transportation along heavily traveled rail corridors;
(2) identified by the Surface Transportation Board as necessary to improve the on time 1 performance and reliability of intercity rail passenger transportation under section 24308(f); and
(3) designated by the Secretary as being sufficiently advanced in development to be capable of serving the purposes described in subsection (a) on an expedited schedule.
(c)
(d)
(e)
(1) $50,000,000 for fiscal year 2010;
(2) $75,000,000 for fiscal year 2011;
(3) $100,000,000 for fiscal year 2012; and
(4) $100,000,000 for fiscal year 2013.
(Added Pub. L. 110–432, div. B, title III, §302(a), Oct. 16, 2008, 122 Stat. 4947.)
Section 301 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (e), is section 301 of Pub. L. 110–432, which enacted chapter 244 (§24401 et seq.) of this title and enacted provisions set out as a note under section 24405 of this title.
1 So in original. Probably should be “on-time”.
2008—Pub. L. 110–432, div. A, title V, §502(b), div. B, title II, §221(b), Oct. 16, 2008, 122 Stat. 4899, 4932, added items 24310 and 24316.
1997—Pub. L. 105–134, title IV, §§403, 404, 415(a)(2), Dec. 2, 1997, 111 Stat. 2585, 2586, 2590, substituted “Employee stock ownership plans” for “Capitalization” in item 24304 and struck out item 24310 “Assistance for upgrading facilities” and item 24314 “Demonstration of new technology”.
1 So in original. Does not conform to section catchline.
(a)
(1) is a railroad carrier under section 20102(2) 1 and chapters 261 and 281 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, and shall not be subject to title 31.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(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)
(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)
(A) the retrofit program shall be completed not later than October 15, 2001; 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)
(o)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 904; Pub. L. 104–88, title III, §308(g), Dec. 29, 1995, 109 Stat. 947; Pub. L. 105–134, title I, §§106(b), 110(a), title II, §208, title IV, §§401, 402, 415(d)(1), Dec. 2, 1997, 111 Stat. 2573, 2574, 2584, 2585, 2590; Pub. L. 108–199, div. F, title I, §150(2), Jan. 23, 2004, 118 Stat. 303; Pub. L. 110–53, title XV, §1527, Aug. 3, 2007, 121 Stat. 452.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24301(a) | 45:541 (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, §301 (1st, 4th, last sentences), 84 Stat. 1330. |
| 45:541 (2d sentence words before 1st comma). | Oct. 30, 1970, Pub. L. 91–518, §301 (2d sentence words before 1st comma), 84 Stat. 1330; Oct. 5, 1978, Pub. L. 95–421, §11, 92 Stat. 928. | |
| 45:541 (3d sentence). | Oct. 30, 1970, Pub. L. 91–518, §301 (3d sentence), 84 Stat. 1330; June 22, 1988, Pub. L. 100–342, §18(a), 102 Stat. 636. | |
| 45:541 (last sentence). | ||
| 45:546(a) (words after “The Corporation” and before “and shall be subject to”). | Oct. 30, 1970, Pub. L. 91–518, §306(a), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, §3(a), 86 Stat. 228; Sept. 29, 1979, Pub. L. 96–73, §112(a), 93 Stat. 541; Apr. 7, 1986, Pub. L. 99–272, §4015, 100 Stat. 110. | |
| 24301(b) | 45:546(m). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(m); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541; Apr. 7, 1986, Pub. L. 99–272, §4013, 100 Stat. 109. |
| 24301(c)(1), (2)(A) | 45:546(a) (less words after “The Corporation” and before “and shall be subject to”). | |
| 24301(c) (2)(B) | 45:546a. | Oct. 5, 1978, Pub. L. 95–421, §7, 92 Stat. 927. |
| 24301(d) | 45:546(b). | Oct. 30, 1970, Pub. L. 91–518, §§305(a) (last sentence), 306(b)–(e), 84 Stat. 1332, 1333. |
| 24301(e) | 45:541 (4th sentence). | |
| 45:545(a) (last sentence). | ||
| 45:545(e)(8). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(8); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551. | |
| 45:546(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(g); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228. | |
| 24301(f) | 45:546(d). | |
| 24301(g) | 45:546(c). | |
| 24301(h) | 45:546(l). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(l); added Sept. 29, 1979, Pub. L. 96–73, §112(c), 93 Stat. 541. |
| 24301(i) | 45:797j (words “, the National Railroad Passenger Corporation,”). | Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, §711 (words “, the National Railroad Passenger Corporation,”); added Aug. 13, 1981, Pub. L. 97–35, §1143(a), 95 Stat. 667. |
| 24301(j) | 45:546(e). | |
| 24301(k) | 45:546(n). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(n); added Aug. 13, 1981, Pub. L. 97–35, §1178, 95 Stat. 692; restated Oct. 27, 1992, Pub. L. 102–533, §6, 106 Stat. 3517. |
| 24301(l) | 45:546b. | Sept. 10, 1982, Pub. L. 97–257, §107 (par. under heading “Grants to the National Railroad Passenger Corporation”), 96 Stat. 852. |
| 24301(m) | 45:546(i). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(i); added Feb. 5, 1976, Pub. L. 94–210, §706(e), 90 Stat. 124; Oct. 19, 1976, Pub. L. 94–555, §105, 90 Stat. 2615; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Nov. 16, 1990, Pub. L. 101–610, §601(a), 104 Stat. 3185. |
| 24301(n) | 45:546(f). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(f); added June 22, 1972, Pub. L. 92–316, §3(b), 86 Stat. 228; Apr. 7, 1986, Pub. L. 99–272, §4004, 100 Stat. 107. |
In subsection (a), before clause (1), the text of 45:541 (1st sentence) is omitted as executed. The text of 45:541 (last sentence) is omitted as surplus. In clause (1), the words “rail carrier” are substituted for “common carrier by railroad” because of 49:10102. In clause (3), the words “department, agency, or instrumentality” are substituted for “agency, instrumentality, authority, or entity, or establishment” for consistency in the revised title and with other titles of the United States Code. The word “instrumentality” includes entities, authorities, establishments, and any other organizational unit of the United States Government that is not a department or agency.
In subsection (b), the words “In connection with the performance of such activities” and “to which the Corporation is a party” are omitted as surplus.
In subsection (c)(1)(B), the words “whether by trackage rights or otherwise” are omitted as surplus.
In subsection (c)(2)(B), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the Code.
In subsection (d), the word “same” is omitted as surplus.
In subsection (e), the text of 45:545(a) (last sentence) and (e)(8) is omitted as surplus.
In subsection (f), the words “the place” are omitted as surplus.
In subsection (h), the word “applicable” is omitted as surplus.
In subsection (j), the words “existing”, “including the antitrust laws of the United States”, and “contracts . . . leases” are omitted as surplus.
In subsection (k)(2), the words “of funds” are omitted as surplus.
In subsection (l)(1), the words “Notwithstanding any other provision of law”, “other”, “including such taxes and fees levied after September 30, 1982”, and “notwithstanding any provision of law” are omitted as surplus. The text of 45:546b (2d sentence) is omitted as executed.
In subsection (l)(2), the words “Notwithstanding the provision of section 1341 of title 28” are omitted as surplus.
In subsection (m)(1), before clause (A), the word “New” is omitted as surplus.
In subsection (m)(2), the word “vehicles” is substituted for “conveyances” for clarity.
In subsection (n), the words “uniformed services” are substituted for “Armed Forces or commissioned services” for consistency in the revised title and with other titles of the Code.
Section 20102(2), referred to in subsec. (a)(1), was redesignated section 20102(3) by Pub. L. 110–432, div. A, §2(b)(1), Oct. 16, 2008, 122 Stat. 4850.
The Railroad Retirement Act of 1974, referred to in subsec. (c), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec. (c), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
The Railroad Retirement Tax Act, referred to in subsec. (c), is act Aug. 16, 1954, ch. 736, §§3201, 3202, 3211, 3212, 3221, and 3231 to 3233, 68A Stat. 431, as amended, which is classified generally to chapter 22 (§3201 et seq.) of Title 26, Internal Revenue Code. For complete classification of this Act to the Code, see section 3233 of Title 26 and Tables.
The District of Columbia Business Corporation Act, referred to in subsec. (e), is act June 8, 1954, ch. 269, 68 Stat. 179, as amended, which is not classified to the Code.
The date of the enactment of this subsection, referred to in subsec. (o), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
2007—Subsec. (o). Pub. L. 110–53 added subsec. (o).
2004—Subsec. (c). Pub. L. 108–199 inserted “11123,” after “except for sections”.
1997—Subsec. (a)(1). Pub. L. 105–134, §401(1), substituted “railroad carrier under section 20102(2) and chapters 261 and 281” for “rail carrier under section 10102”.
Subsec. (a)(3). Pub. L. 105–134, §415(d)(1), inserted “, and shall not be subject to title 31” after “United States Government”.
Subsec. (c). Pub. L. 105–134, §401(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
“(1) Part A of 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) section 10721 of this title applies to Amtrak; and
“(B) on application of an adversely affected motor carrier, the Surface Transportation Board under part A of subtitle IV 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.”
Subsec. (e). Pub. L. 105–134, §110(a), inserted at end “Section 552 of title 5, United States Code, applies to Amtrak for any fiscal year in which Amtrak receives a Federal subsidy.”
Subsec. (f). Pub. L. 105–134, §106(b), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: “The laws of the District of Columbia govern leases and contracts of Amtrak, regardless of where they are executed.”
Subsec. (l)(1). Pub. L. 105–134, §208, inserted heading and substituted in text “Amtrak, a rail carrier subsidiary of Amtrak, and any passenger or other customer of Amtrak or such subsidiary, are” for “Amtrak or a rail carrier subsidiary of Amtrak is”, “tax, fee, head charge, or other charge, imposed or levied by a State, political subdivision, or local taxing authority on Amtrak, a rail carrier subsidiary of Amtrak, or on persons traveling in intercity rail passenger transportation or on mail or express transportation provided by Amtrak or such a subsidiary, or on the carriage of such persons, mail, or express, or on the sale of any such transportation, or on the gross receipts derived therefrom” for “tax or fee imposed by a State, a political subdivision of a State, or a local taxing authority and levied on it”, and “In the case of a tax or fee that Amtrak was required to pay as of September 10, 1982, Amtrak is not exempt from such tax or fee if it was assessed before April 1, 1997.” for “However, Amtrak is not exempt under this subsection from a tax or fee that it was required to pay as of September 10, 1982.”
Subsec. (m)(1)(A). Pub. L. 105–134, §402, substituted “2001” for “1996”.
1995—Subsec. (c)(1). Pub. L. 104–88, §308(g)(1)(A), substituted “Part A of subtitle IV” for “Subtitle IV”.
Subsec. (c)(2)(A). Pub. L. 104–88, §308(g)(1)(B), substituted “section 10721 of this title applies” for “sections 10721–10724 of this title apply”.
Subsec. (c)(2)(B). Pub. L. 104–88, §308(g)(1)(C), substituted “Transportation Board under part A of subtitle IV” for “Interstate Commerce Commission under any provision of subtitle IV of this title applicable to a carrier subject to subchapter I of chapter 105”.
Subsec. (d). Pub. L. 104–88, §308(g)(2), substituted “rail carrier subject to part A of subtitle IV” for “common carrier subject to subchapter I of chapter 105”.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
Pub. L. 101–610, title VI, §601(d), (e), Nov. 16, 1990, 104 Stat. 3186, provided that:
“(d) Not later than 1 year after the date of enactment of this Act [Nov. 16, 1990], the Secretary of Transportation, after appropriate notice and comment, and in consultation with the National Railroad Passenger Corporation, the Administrator of the Environmental Protection Agency, the Surgeon General, and State and local officials shall promulgate such regulations as may be necessary to mitigate the impact of the discharge of human waste from railroad passenger cars on areas that may be considered environmentally sensitive.
“(e) Not later than 1 year after the date of enactment of this Act [Nov. 16, 1990], the Secretary of Transportation shall promulgate regulations directing the National Railroad Passenger Corporation to, where appropriate, publish printed information, and make public address announcements, explaining its existing disposal technology and the retrofit and new equipment program, and encouraging passengers using existing equipment not to dispose of wastes in stations, railroad yards, or while the train is moving through environmentally sensitive areas.”
Pub. L. 105–134, title I, §109, Dec. 2, 1997, 111 Stat. 2574, provided that: “Federal employees are authorized to travel on Amtrak for official business where total travel cost from office to office is competitive on a total trip or time basis.”
Pub. L. 105–134, title I, §110(b), Dec. 2, 1997, 111 Stat. 2574, provided that: “Section 303B(m) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253b(m)) [now 41 U.S.C. 4702] applies to a proposal in the possession or control of Amtrak.”
Pub. L. 104–205, title III, §347, Sept. 30, 1996, 110 Stat. 2976, provided that: “Hereinafter, the National Railroad Passenger Corporation (Amtrak) shall be exempted from any State or local law relating to the payment or delivery of abandoned or unclaimed personal property to any government authority, including any provision for the enforcement thereof, with respect to passenger rail tickets for which no refund has been or may be claimed, and such law shall not apply to funds held by Amtrak as a result of the purchase of tickets after April 30, 1972 for which no refund has been claimed.”
1 See References in Text note below.
(a)
(1) The Amtrak Board of Directors (referred to in this section as the “Board”) 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) 7 individuals appointed by the President of the United States, by and with the advice and consent of the Senate, with general business and financial experience, experience or qualifications in transportation, freight and passenger rail transportation, travel, hospitality, cruise line, or passenger air transportation businesses, or representatives of employees or users of passenger rail transportation or a State government.
(2) In selecting individuals described in paragraph (1) for nominations for appointments to the Board, the President shall consult with the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak.
(3) An individual appointed under paragraph (1)(C) of this subsection shall be appointed for a term of 5 years. Such term may be extended until the individual's successor is appointed and qualified. Not more than 5 individuals appointed under paragraph (1)(C) may be members of the same political party.
(4) The Board shall elect a chairman and a vice chairman, other than the President of Amtrak, from among its membership. The vice chairman shall serve as chairman in the absence of the chairman.
(5) The Secretary may be represented at Board meetings by the Secretary's designee.
(b)
(c)
(2) Not later than 60 days after the end of each fiscal year, the Board shall submit a report describing all travel and reimbursable business travel expenses paid to each director when performing Board duties to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(3) The report submitted under paragraph (2) shall include a detailed justification for any travel or reimbursable business travel expense that deviates from Amtrak's travel and reimbursable business travel expense policies and guidelines.
(d)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 906; Pub. L. 105–134, title IV, §411(a), Dec. 2, 1997, 111 Stat. 2588; Pub. L. 110–432, div. B, title II, §202(a), Oct. 16, 2008, 122 Stat. 4911.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24302(a)(1) | 45:543(a)(1) (words before (A)), (A) (1st sentence), (B)–(E) (words before comma). | Oct. 30, 1970, Pub. L. 91–518, §303(a), 84 Stat. 1330; restated Nov. 3, 1973, Pub. L. 93–146, §3(a), 87 Stat. 548; Feb. 5, 1976, Pub. L. 94–210, §706(f), 90 Stat. 124; Oct. 19, 1976, Pub. L. 94–555, §103, 90 Stat. 2615; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Aug. 13, 1981, Pub. L. 97–35, §1174(a), 95 Stat. 689; June 22, 1988, Pub. L. 100–342, §18(b), 102 Stat. 636. |
| 24302(a)(2) | 45:543(a)(2)(A) (1st sentence words before comma, last sentence). | |
| 24302(a)(3) | 45:543(a)(2)(B). | |
| 24302(a)(4) | 45:543(a)(1)(E) (words after comma). | |
| 24302(a)(5) | 45:543(a)(4). | |
| 24302(a)(6) | 45:543(a)(1)(A) (last sentence). | |
| 24302(b) | 45:543(a)(7). | |
| 45:543(c). | Oct. 30, 1970, Pub. L. 91–518, §303(b), (c), 84 Stat. 1331. | |
| 24302(c) | 45:543(a)(6). | |
| 24302(d) | 45:543(a)(5). | |
| 24302(e) | 45:543(a)(2)(A) (1st sentence words after comma), (3), (8). | |
| 24302(f) | 45:543(b). |
In subsection (a)(1), before clause (A), the words “is composed of the following 9 directors, each of whom must be a citizen” are substituted for “consisting of nine individuals who are citizens” for consistency in the revised title. The words “as follows” are omitted as surplus. In clause (A), the words “ex officio” are omitted as surplus. In clause (C)(ii), the words “chief executive officer of a State” are substituted for “Governor” for consistency in the revised title and with other titles of the United States Code. In clause (D), the text of 45:543(a)(1)(D)(i) and the words “after January 1, 1983” are omitted as executed.
In subsection (a)(2), the words “by the President” and “registered as” are omitted as surplus.
In subsection (a)(3) and (4), the word “selected” is substituted for “appointed” for consistency.
In subsection (a)(6), the word “only” is added for clarity.
In subsection (b), the text of 45:543(a)(7) is omitted as obsolete because preferred stockholder representatives are always part of Amtrak's board of directors. The text of 45:543(c) (words after “all stockholders”) is omitted as obsolete because Congress eliminated common stockholder representatives when it reconstituted the board.
In subsection (c), the words “direct or indirect” are omitted as surplus.
In subsection (d), the word “performing” is substituted for “engaged in the actual performance of” to eliminate unnecessary words. The word “board” is added for clarity. The words “and powers” are added for consistency in the revised title and with other titles of the Code. The word “reasonable” is substituted for “which is reasonably required” to eliminate unnecessary words.
In subsection (e), the words “the membership of” and “in the case of” are omitted as surplus. The words “occurring before the end of the term for which the predecessor of that individual was appointed is appointed for the remainder of the term” are substituted for “shall be appointed only for the unexpired term of the member he is appointed to succeed” for clarity and consistency in the revised title and with other titles of the Code. The words “under subsection (a)(1)(C)” the 2d time they appear are substituted for “paragraph (1)(B) of this subsection” in 45:543(a)(8) to correct an erroneous cross-reference.
2008—Pub. L. 110–432 amended section generally. Prior to amendment, section related, in subsec. (a), to establishment, duties, membership, and confirmation procedure of Reform Board, in subsec. (b), to selection of the Board of Directors, and in subsec. (c), to authority of Reform Board to recommend to Congress a plan to implement transfer of Amtrak's infrastructure assets and responsibilities to a new separately governed corporation.
1997—Pub. L. 105–134 amended section generally. Prior to amendment, section related, in subsec. (a), to composition and terms of Amtrak board of directors, in subsec. (b), to cumulative voting by stockholders, in subsec. (c), to conflicts of interest of directors, in subsec. (d), to pay and expenses of directors, in subsec. (e), to vacancies on board, and in subsec. (f), to bylaws of board.
Pub. L. 110–432, div. B, title II, §202(b), Oct. 16, 2008, 122 Stat. 4912, provided that: “The amendment made by subsection (a) [amending this section] shall take effect 6 months after the date of enactment of this Act [Oct. 16, 2008]. The members of the Amtrak Board of Directors serving as of the date of enactment of this Act may continue to serve for the remainder of the term to which they were appointed.”
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 907; Pub. L. 105–134, title II, §207, Dec. 2, 1997, 111 Stat. 2584.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24303(a) | 45:543(d) (1st, 4th, 5th sentences). | Oct. 30, 1970, Pub. L. 91–518, §303(d), 84 Stat. 1331; June 22, 1972, Pub. L. 92–316, §1(a), 86 Stat. 227; May 26, 1975, Pub. L. 94–25, §2, 89 Stat. 90; July 18, 1982, Pub. L. 97–216, §101 (par. under heading “Grants to the National Railroad Passenger Corporation”), 96 Stat. 187; June 22, 1988, Pub. L. 100–342, §18(c), 102 Stat. 636. |
| 24303(b) | 45:543(d) (2d, 3d sentences). | |
| 24303(c) | 45:543(d) (last sentence). |
In subsection (a), the words “of directors of Amtrak” are added for clarity.
In subsection (b), the words “rates of”, “president and other”, and “at a level” are omitted as surplus.
In subsection (c), the words “direct or indirect” are omitted as surplus. The word “another” is substituted for “any” for clarity.
1997—Subsec. (b). Pub. L. 105–134 inserted at end “The preceding sentence shall not apply for any fiscal year for which no Federal assistance is provided to Amtrak.”
In issuing stock pursuant to applicable corporate law, Amtrak is encouraged to include employee stock ownership plans.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 908; Pub. L. 105–134, title IV, §415(a)(1), Dec. 2, 1997, 111 Stat. 2590.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24304(a) | 45:544(a) (1st sentence, last sentence words before (A), (A) (1st sentence), (B)(i) (1st sentence)). | Oct. 30, 1970, Pub. L. 91–518, §304(a), 84 Stat. 1331; Aug. 13, 1981, Pub. L. 97–35, §1175(1), (2), 95 Stat. 691. |
| 24304(b) | 45:544(a) (2d sentence). | |
| 45:544(b). | Oct. 30, 1970, Pub. L. 91–518, §304(b), 84 Stat. 1332; Oct. 28, 1974, Pub. L. 93–496, §2, 88 Stat. 1526. | |
| 24304(c) | 45:544(a) (last sentence words before (A), (A) (last sentence), (B)(i) (last sentence), (ii), (iii)). | |
| 24304(d)(1) | 45:544(c)(1), (2). | Oct. 30, 1970, Pub. L. 91–518, §304(c)(1), (2), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(3), 95 Stat. 691. |
| 24304(d)(2) | 45:544(c)(3). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(3); added Apr. 7, 1986, Pub. L. 99–272, §4003, 100 Stat. 107. |
| 24304(d)(3) | 45:544(c)(4). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §304(c)(4); added Oct. 27, 1992, Pub. L. 102–533, §5, 106 Stat. 3517. |
| 24304(e) | 45:544(e)(2). | Oct. 30, 1970, Pub. L. 91–518, §304(d), (e), 84 Stat. 1332; restated Aug. 13, 1981, Pub. L. 97–35, §1175(4), 95 Stat. 691. |
| 24304(f) | 45:544(d). | |
| 24304(g) | 45:544(e)(1). |
In subsection (a), before clause (1), the words “issue and” are omitted because they are included in “have outstanding”. The words “in such amounts as it shall determine” are omitted as surplus. The words “one issue of common stock and one issue of preferred stock” are substituted for “two issues of capital stock, a common and a preferred” for clarity. In clause (1), the word “designated” is omitted as surplus.
In subsection (b)(1)(A), the words “may not hold” are substituted for “may be issued and held only by any person other than” to eliminate unnecessary words.
In subsections (b)(1)(B) and (c), the words “as defined in section 10102(6) of title 49” are omitted because of the definition of “rail carrier” in section 24102 of the revised title.
In subsection (b)(1)(B), the words “after the initial issue is completed” are omitted as executed. The words “single” and “directly or indirectly through subsidiaries or affiliated companies, nominees, or any person subject to its direction or control” are omitted as surplus. The words “may vote not more than one-third of the total number of shares of outstanding common stock of Amtrak” are substituted for “At no time . . . shall the aggregate of the shares of common stock of the Corporation voted by . . . exceed 331/3 per centum of such shares issued and outstanding” to eliminate unnecessary words.
In subsection (b)(2), the words “Additional common stock” are substituted for “a number of shares in excess of 331/3 per centum of the total number of common shares issued and outstanding, such excess number” to eliminate unnecessary words. The words “issued and” are omitted because they are included in “outstanding”.
Subsection (c)(1) is substituted for “Dividends shall be fixed at a rate not less than 6 per centum per annum, and shall be cumulative” to eliminate unnecessary words.
In subsection (c)(2), the text of 45:544(a) (last sentence) (A) (last sentence) and the words “for any dividend period” and “at the rate fixed in the articles of incorporation” are omitted as surplus.
In subsection (c)(3), the words “holders of preferred stock” are substituted for “preferred stockholders”, and the words “holders of common stock” are substituted for “common stockholders”, for consistency in this chapter.
In subsection (c)(4), the words “at such time and upon such terms as the articles of incorporation shall provide” are omitted as surplus.
In subsection (d)(1), the text of 45:544(c)(1) and the words “Commencing on October 1, 1981” are omitted as executed. The words “and in consideration of receiving further Federal financial assistance”, “of the United States Government”, “additional”, and “of funds” are omitted as surplus.
In subsection (d)(3), the words “required to be issued” are omitted as surplus.
Subsection (e) is substituted for 45:544(e)(2) to eliminate unnecessary words.
In subsection (f), the words “in addition to the stock authorized by subsection (a) of this section”, “securities, bonds, debentures, notes, and other”, and “as it may determine” are omitted as surplus.
Subsection (g) is substituted for 45:544(e)(1) to eliminate unnecessary words.
1997—Pub. L. 105–134 amended section catchline and text generally, substituting provisions relating to employee stock ownership plans for provisions relating to capitalization of Amtrak.
Pub. L. 105–134, title IV, §415(b), (c), Dec. 2, 1997, 111 Stat. 2590, provided that:
“(b)
“(c)
“(B) Subparagraph (A) shall take effect 90 days after the date of the enactment of this Act [Dec. 2, 1997].
“(2)(A) Preferred stock of Amtrak held by the Secretary of Transportation shall confer no voting rights.
“(B) Subparagraph (A) shall take effect 60 days after the date of the enactment of this Act.”
(a)
(2) Amtrak shall operate and control directly, to the extent practicable, all aspects of the rail passenger transportation it provides.
(3)(A) Except as provided in subsection (d)(2), Amtrak may enter into a contract with a motor carrier of passengers for the intercity transportation of passengers by motor carrier over regular routes only—
(i) if the motor carrier is not a public recipient of governmental assistance, as such term is defined in section 13902(b)(8)(A) of this title, other than a recipient of funds under section 5311 of this title;
(ii) for passengers who have had prior movement by rail or will have subsequent movement by rail; and
(iii) if the buses, when used in the provision of such transportation, are used exclusively for the transportation of passengers described in clause (ii).
(B) Subparagraph (A) shall not apply to transportation funded predominantly by a State or local government, or to ticket selling agreements.
(b)
(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)
(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)
(2) Amtrak may establish through routes and joint fares with any domestic or international motor carrier, air carrier, or water carrier.
(3) Congress encourages Amtrak and motor common carriers of passengers to use the authority conferred in sections 11322 and 14302 of this title for the purpose of providing improved service to the public and economy of operation.
(e)
(f)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 909; Pub. L. 105–134, title I, §107, Dec. 2, 1997, 111 Stat. 2573.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24305(a)(1) | 45:545(a) (1st sentence 1st–32d words, words after last semicolon). | Oct. 30, 1970, Pub. L. 91–518, §305(a) (1st, 2d sentences), 84 Stat. 1332; June 22, 1972, Pub. L. 92–316, §2(1), (2), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §4, 87 Stat. 549; Aug. 13, 1981, Pub. L. 97–35, §1188(b), 95 Stat. 699. |
| 45:545(b) (4th sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (4th sentence); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 550. | |
| 45:545(e)(5). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(1)–(6); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551. | |
| 24305(a)(2) | 45:545(a) (2d sentence). | |
| 24305(b) | 45:545(e)(2). | |
| 45:545(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(g); added Oct. 28, 1974, Pub. L. 93–496, §3, 88 Stat. 1527; restated Sept. 29, 1979, Pub. L. 96–73, §§106, 107, 93 Stat. 539, 540. | |
| 24305(c)(1) | 45:851(a)(2). | Feb. 5, 1976, Pub. L. 94–210, §701(a)(2), 90 Stat. 119. |
| 24305(c)(2) | 45:545(a) (1st sentence 33d word–1st semicolon). | |
| 45:545a. | Oct. 5, 1978, Pub. L. 95–421, §19, 92 Stat. 930. | |
| 24305(c)(3) | 45:545(e)(1). | |
| 24305(c)(4) | 45:545(n). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(n); added Aug. 13, 1981, Pub. L. 97–35, §1177(a), 95 Stat. 692. |
| 24305(c)(5) | 45:545(a) (1st sentence words between 1st and last semicolons), (e)(3). | |
| 24305(c)(6) | 45:545(e)(4), (6). | |
| 24305(d) | 45:546(j). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(j); added Oct. 19, 1976, Pub. L. 94–555, §106, 90 Stat. 2615; Sept. 29, 1979, Pub. L. 96–73, §112(b), 93 Stat. 541. |
| 24305(e) | 45:545(j). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(j); added Oct. 19, 1976, Pub. L. 94–555, §104, 90 Stat. 2615; Sept. 29, 1979, Pub. L 96–73, §§106, 108, 93 Stat. 539, 540. |
| 24305(f) | 45:545(k). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(k); added Oct. 5, 1978, Pub. L. 95–421, §10, 92 Stat. 928; Sept. 29, 1979, Pub. L. 96–73, §§106, 109, 93 Stat. 539, 540. |
In subsection (a)(1), the text of 45:545(e)(5) is omitted as obsolete. The words “acquire, operate, maintain, and make contracts for the operation and maintenance of” are substituted for “own, manage, operate, or contract for the operation of”, “acquire by construction, purchase, or gift, or to contract for the use of”, “acquire, lease, modify, or develop”, and “or to enter into contracts for the provision of such service” to eliminate unnecessary words. The word “physical” is omitted as surplus. The words “intercity and commuter trains” are omitted as being included in “equipment”. The words “the transportation of mail and express” are substituted for “mail, express . . . service” for consistency in this chapter.
In subsection (b), before clause (1), the words “service” and “repair” are omitted as surplus. The words “not later than January 1, 1980” are omitted as executed. In clause (1), the words “principal office of Amtrak” are substituted for “corporate headquarters” for clarity and consistency. In clauses (3) and (4), the words “establishment of” are omitted as executed.
In subsection (c)(1), the words “contracts and” and “necessary or . . . in the conduct of its functions” are omitted as surplus.
In subsection (c)(2), the words “on such trains” in 45:545(a), and the words “including taking into account the needs of the United States Postal Service in establishing schedules” and “and service” in 45:545a, are omitted as surplus.
In subsection (c)(4), the text of 45:545(n) (1st sentence) and the words “Beginning October 1, 1982” are omitted as executed.
In subsection (d)(1), the words “rail passenger carriers” are substituted for “common carriers of passengers by rail” for consistency in the revised title. The words “establishing those routes and fares” are substituted for “the making of such arrangements” for clarity.
In subsection (e), the words “and protection” and “licensing, residency, or related” are omitted as surplus.
In subsection (f)(1), the words “several” and “the Commonwealth of Puerto Rico” are omitted as surplus.
In subsection (f)(2), the words “Except as provided in paragraph (2) or (3) of this subsection”, “which have been”, “all”, and “as the case may be” are omitted as surplus.
In subsection (f)(3), the text of 45:545(k)(4)(B) is omitted as executed.
In subsection (f)(4)(A) and (B), the words “the purchase of” are omitted as surplus.
In subsection (f)(4)(A)(i), the words “imposing” and “with respect to such articles, materials, and supplies” are omitted as surplus.
1997—Subsec. (a)(3). Pub. L. 105–134, §107(a), added par. (3).
Subsec. (d)(3). Pub. L. 105–134, §107(b), added par. (3).
Pub. L. 111–117, div. A, title I, §159, Dec. 16, 2009, 123 Stat. 3061, as amended by Pub. L. 111–212, title III, §3009, July 29, 2010, 124 Stat. 2340, provided that:
“(a)
“(1) a comprehensive, system-wide, security evaluation; and
“(2) proposed guidance and procedures necessary to implement a new checked firearms program.
“(b)
“(1)
“(2)
“(A) permit Amtrak passengers holding a ticket for a specific Amtrak route to place an unloaded firearm or starter pistol in a checked bag on such route if—
“(i) the Amtrak station accepts checked baggage for such route;
“(ii) the passenger declares to Amtrak, either orally or in writing, at the time the reservation is made or not later than 24 hours before departure, that the firearm will be placed in his or her bag and will be unloaded;
“(iii) the firearm is in a hard-sided container;
“(iv) such container is locked; and
“(v) only the passenger has the key or combination for such container;
“(B) permit Amtrak passengers holding a ticket for a specific Amtrak route to place small arms ammunition for personal use in a checked bag on such route if the ammunition is securely packed—
“(i) in fiber, wood, or metal boxes; or
“(ii) in other packaging specifically designed to carry small amounts of ammunition; and
“(C) include any other measures needed to ensure the safety and security of Amtrak employees, passengers, and infrastructure, including—
“(i) requiring inspections of any container containing a firearm or ammunition; and
“(ii) the temporary suspension of firearm carriage service if credible intelligence information indicates a threat related to the national rail system or specific routes or trains.
“(c)
“(1) [sic] For purposes of this section, the term ‘checked baggage’ refers to baggage transported that is accessible only to select Amtrak employees.”
Pub. L. 110–432, div. B, title II, §218(b), Oct. 16, 2008, 122 Stat. 4930, provided that: “Amtrak may obtain from the Administrator of General Services, and the Administrator may provide to Amtrak, services under sections 502(a) and 602 of title 40, United States Code.”
Pub. L. 106–554, §1(a)(4) [div. A, §1110], Dec. 21, 2000, 114 Stat. 2763, 2763A–202, provided that: “Amtrak is authorized to obtain services from the Administrator of General Services, and the Administrator is authorized to provide services to Amtrak, under sections 201(b) and 211(b) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) [now 40 U.S.C. 502, 602, 603(a)(1)] for fiscal year 2001 and each fiscal year thereafter until the fiscal year that Amtrak operates without Federal operating grant funds appropriated for its benefit, as required by sections 24101(d) and 24104(a) of title 49, United States Code.”
Pub. L. 105–134, title I, §108, Dec. 2, 1997, 111 Stat. 2574, provided that:
“(a)
“(1) to combine or package their respective services and facilities to the public as a means of increasing revenues; and
“(2) to coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation.
“(b)
Pub. L. 105–134, title IV, §412, Dec. 2, 1997, 111 Stat. 2589, provided that: “Amtrak shall participate in educational efforts with elementary and secondary schools to inform students on the advantages of rail travel and the need for rail safety.”
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 910; Pub. L. 105–134, title I, §102, Dec. 2, 1997, 111 Stat. 2572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24306(a) | 45:545(b) (1st, 2d sentence words before 2d comma, last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(b) (1st–3d, last sentences); added June 22, 1972, Pub. L. 92–316, §2(3), 86 Stat. 228; Nov. 3, 1973, Pub. L. 93–146, §5, 87 Stat. 549. |
| 24306(b)(1) | 45:545(b) (2d sentence words after 2d comma). | |
| 24306(b)(2) | 45:545(b) (3d sentence). | |
| 24306(b)(3) | 45:546(h). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §306(h); added Nov. 3, 1973, Pub. L. 93–146, §7, 87 Stat. 551. |
In subsection (a), the words “and to better accomplish the purposes of this chapter” and “modify its services to” are omitted as surplus. The words “a department, agency, or instrumentality of the United States Government” are substituted for “Federal departments and agencies” for consistency in the revised title and with other titles of the United States Code. The words “consistent with the provisions of existing law” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “A person primarily providing auto-ferry transportation and any other person not a rail carrier may provide” are substituted for “except that nothing contained in this chapter shall prevent any other person, other than a railroad (except that for purposes of this section a person primarily engaged in auto-ferry service shall not be deemed to be a railroad), from providing such” to eliminate unnecessary words. The text of 45:545(b) (2d sentence words after “the public”) is omitted as obsolete.
In subsection (b)(2), the words “may provide” are substituted for “Nothing in this section shall be construed to restrict the right of . . . from performing” to eliminate unnecessary words and for clarity. The words “rail lines” are substituted for “lines” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (b)(3), the words “has the effect of prohibiting or”, “fine, penalty, or other”, and “for violation of” are omitted as surplus. The words “rail carrier” are substituted for “common carrier by railroad” for consistency in the revised title and with other titles of the Code.
1997—Subsec. (a). Pub. L. 105–134, §102(1), struck out at end “When requested by Amtrak, a department, agency, or instrumentality of the United States Government shall assist in carrying out this section.”
Subsec. (b). Pub. L. 105–134, §102(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
“(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.”
(a)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911; Pub. L. 105–134, title IV, §406(b), Dec. 2, 1997, 111 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24307(a) | 45:545(c)(2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(c)(2); added Sept. 29, 1979, Pub. L. 96–73, §105(2), 93 Stat. 539. |
| 24307(b) | 45:545(c)(1). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(c)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550; Sept. 29, 1979, Pub. L. 96–73, §105(1), 93 Stat. 539. |
| 24307(c) | 45:565(f). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(f); added June 22, 1972, Pub. L. 92–316, §8, 86 Stat. 230; Sept. 29, 1979, Pub. L. 96–73, §120(a), 93 Stat. 547; Aug. 13, 1981, Pub. L. 97–35, §1184, 95 Stat. 697. |
In subsection (a), before clause (1), the word “maintain” is substituted for “Within 90 days after September 29, 1979” and “establish” for clarity.
In subsection (b), before clause (1), the word “act” is substituted for “take all steps necessary to” to eliminate unnecessary words. The words “access to” are added for clarity. In clause (1), the words “and devices” are omitted as surplus. In clause (4), the words “architectural and other” are omitted as surplus.
In subsection (c)(1)(A), the words “period of” and “while on” are omitted as surplus.
In subsection (c)(2), the words “take such action as may be necessary to”, “the terms of . . . policy or”, and “to such railroad employee” are omitted as surplus. The words “or group of railroads” are omitted because of 1:1.
1997—Subsecs. (b), (c). Pub. L. 105–134 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
“(b)
“(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.”
Pub. L. 110–432, div. B, title II, §219, Oct. 16, 2008, 122 Stat. 4931, provided that:
“(a)
“(b)
Pub. L. 110–432, div. B, title II, §220, Oct. 16, 2008, 122 Stat. 4931, provided that: “Using the funds authorized by section 103 of this division [122 Stat. 4909], the Federal Railroad Administration shall monitor and conduct periodic reviews of Amtrak's compliance with applicable sections of the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.] and the Rehabilitation Act of 1974 [probably means Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.] to ensure that Amtrak's services and facilities are accessible to individuals with disabilities to the extent required by law.”
Pub. L. 105–134, title IV, §406(a), Dec. 2, 1997, 111 Stat. 2586, provided that:
“(1)
“(2)
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(2)(A) If the parties cannot agree and if the Surface Transportation Board finds it necessary to carry out this part, the Board 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 Board 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 Board shall decide the dispute not later than 90 days after Amtrak submits the dispute to the Board.
(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)
(c)
(d)
(e)
(2) The Board 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 Board shall decide the dispute under subsection (a) of this section.
(f)
(1)
(2)
(3)
(A) the extent to which Amtrak suffers financial loss as a result of host rail carrier delays or failure to achieve minimum standards; and
(B) what reasonable measures would adequately deter future actions which may reasonably be expected to be likely to result in delays to Amtrak on the route involved.
(4)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 911; 110–432, div. B, title II, §213(a), (d), Oct. 16, 2008, 122 Stat. 4925, 4926.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24308(a)(1)– (3) | 45:562(a)(1). | Oct. 30, 1970, Pub. L. 91–518, §402(a)(1), 84 Stat. 1335; June 22, 1972, Pub. L. 92–316, §5(1), 86 Stat. 229; Nov. 3, 1973, Pub. L. 93–146, §10(1), 87 Stat. 552; Oct. 5, 1978, Pub. L. 95–421, §15, 92 Stat. 929; Aug. 13, 1981, Pub. L. 97–35, §1181, 95 Stat. 693; Apr. 7, 1986, Pub. L. 99–272, §4017(b)(1), 100 Stat. 110. |
| 24308(a)(4) | 45:562 (note). | July 11, 1987, Pub. L. 100–71 (last proviso under heading “Grants to the National Railroad Passenger Corporation”), 101 Stat. 447. |
| 24308(b) | 45:562(c). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(c); added June 22, 1972, Pub. L. 92–316, §5(2), 86 Stat. 229. |
| 24308(c) | 45:562(e). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(e); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552; Aug. 13, 1981, Pub. L. 97–35, §1188(c), 95 Stat. 699. |
| 24308(d) | 45:562(f). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(f); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552. |
| 24308(e) | 45:562(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(g); added May 30, 1980, Pub. L. 96–254, §216, 94 Stat. 418; Apr. 7, 1986, Pub. L. 99–272, §4006(2), 100 Stat. 107. |
In subsection (a)(1), the word “authority” is substituted for “agencies” for consistency in the revised title and with other titles of the United States Code. The words “tracks and other” are omitted as surplus. The words “of . . . by, the carrier or authority” are added for clarity. The words “and conditions” are omitted as surplus.
In subsection (a)(2)(A), before clause (i), the words “the purposes of” are omitted as surplus. In clause (ii), the words “just and” are omitted as surplus.
Subsection (a)(2)(B) is substituted for 45:562(a)(1) (3d sentence) to eliminate unnecessary words.
In subsection (a)(2)(C), the words “shall decide the dispute” are added, and the words “submits the dispute” are substituted for “application”, for clarity.
In subsection (a)(3), the words “Amtrak's right to use the facilities or have the services provided is conditioned on payment of the compensation” are substituted for “and the rights of the Corporation to such services or to the use of tracks or facilities of the railroad or agency under such order . . . shall be conditioned upon payment by the Corporation of the compensation fixed by the Commission” to eliminate unnecessary words. The words “or under an order issued under subsection (b) of this section” are omitted as obsolete because 45:562(b) is executed. The words “amount of”, “fixed”, “duly and”, and “properly” are omitted as surplus.
In subsection (a)(4), the words “notwithstanding any other provision of law”, “hereafter”, and “becomes inadequate or otherwise” are omitted as surplus.
In subsections (b)–(d), the words “just and” are omitted as surplus.
In subsection (b), the words “as may be deemed by it to be necessary”, “tracks and other”, and “proceed to” are omitted as surplus. The words “personal injury” are substituted for “casualty” for consistency.
In subsections (c) and (d), the words “an opportunity for a” are added for clarity and consistency.
In subsection (c), the word “given” is omitted as surplus. The words “rail line” are substituted for “line of track” for consistency in the revised title and with other titles of the Code. The word “appropriate” is omitted as surplus. The words “the carrier” are substituted for “trains” for clarity and consistency. The words “and Amtrak” are added for clarity.
In subsection (d), the words “upon request of the Corporation” and “otherwise” are omitted as surplus. The words “which improvements would be required” are substituted for “and with respect to the nature and extent of improvements to track, signal systems, and other facilities that would be required” to eliminate unnecessary words.
In subsection (e)(1), the words “satisfactory, voluntary” are omitted as surplus. The words “provide, or allow Amtrak to provide” are added, and the words “Amtrak may apply to the Secretary for an order requiring the carrier to provide or allow for the operation of the requested trains” are substituted for “Upon receipt of an application from the Corporation”, for clarity.
In subsection (e)(2)(A), the words “involved” and “seeking to oppose the operation of an additional train” are omitted as surplus. The words “when conducting a hearing” are added for clarity.
In subsection (e)(2)(B), the word “proper” is omitted as surplus. The words “60 miles” are substituted for “55 miles” for consistency with 45:501a(8), restated in section 24101(c)(6) of the revised title. Section 1172(3) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 91–35, 95 Stat. 688) raised the speed from 55 to 60 in 45:501a but did not make a corresponding change in 45:562(g).
In subsection (e)(3), the words “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” are substituted for 45:562(g) (last sentence words before last comma) to eliminate unnecessary words. The words “the dispute” are added for clarity and consistency in this section.
Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (f)(1), is section 207 of Pub. L. 110–432, which is set out in a note under section 24101 of this title.
2008—Subsec. (a)(2). Pub. L. 110–432, §213(d)(2), substituted “Board” for “Commission” wherever appearing.
Subsec. (a)(2)(A). Pub. L. 110–432, §213(d)(1), substituted “Surface Transportation Board” for “Interstate Commerce Commission” in introductory provisions.
Subsec. (b). Pub. L. 110–432, §213(d)(2), substituted “Board” for “Commission” in two places.
Subsec. (c). Pub. L. 110–432, §213(d)(3), (4), substituted “Board” for “Secretary of Transportation” after “unless the” and for “Secretary” in three places.
Subsecs. (d), (e)(1), (2). Pub. L. 110–432, §213(d)(4), substituted “Board” for “Secretary” wherever appearing.
Subsec. (e)(3). Pub. L. 110–432, §213(d)(2), substituted “Board” for “Commission”.
Subsec. (f). Pub. L. 110–432, §213(a), added subsec. (f).
Pub. L. 110–432, div. B, title II, §213(b), Oct. 16, 2008, 122 Stat. 4926, provided that: “The Surface Transportation Board may establish and collect filing fees from any entity that files a complaint under section 24308(f)(1) of title 49, United States Code, or otherwise requests or requires the Board's services pursuant to this division [see Short Title of 2008 Amendment note set out under section 20101 of this title]. The Board shall establish such fees at levels that will fully or partially, as the Board determines to be appropriate, offset the costs of adjudicating complaints under that section and other requests or requirements for Board action under this division. The Board may waive any fee established under this subsection for any governmental entity as determined appropriate by the Board.”
Pub. L. 110–432, div. B, title II, §216, Oct. 16, 2008, 122 Stat. 4930, provided that: “Amtrak is encouraged to increase the operation of special trains funded by, or in partnership with, private sector operators through competitive contracting to minimize the need for Federal subsidies. Amtrak shall utilize the provisions of section 24308 of title 49, United States Code, when necessary to obtain access to facilities, train and engine crews, or services of a rail carrier or regional transportation authority that are required to operate such trains.”
(a)
(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)
(c)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 913; Pub. L. 105–134, title I, §162, Dec. 2, 1997, 111 Stat. 2578.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24309(a) | 45:566(e)(1), (2). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §406; added Sept. 29, 1979, Pub. L. 96–73, §121, 93 Stat. 548. |
| 24309(b) | 45:566(a). | |
| 24309(c)(1) | 45:566(b). | |
| 24309(c)(2) | 45:566(d)(2). | |
| 24309(d)(1) | 45:566(c)(1). | |
| 24309(d)(2) | 45:566(c)(2), (d)(1). | |
| 24309(e) | 45:566(e)(3). |
In subsection (a)(1), the words “rail line” are substituted for “railroad tracks” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the Code. The words “obtaining the” are omitted as surplus.
In subsection (c)(1), the words “first” and “to take such action” are omitted as surplus.
In subsection (c)(2), before clause (A), the words “need for the” are added for clarity. The words “necessary or” are omitted as surplus. The words “Within 90 days after September 29, 1979” and 45:566(d)(2)(A)(i) are omitted as executed. The word “maintain” is substituted for “take steps to prepare” for clarity. The words “survey plan which shall provide for” and “compilation, and storage” are omitted as surplus. In clause (F), the words “over time” are omitted as surplus.
In subsection (d)(2), before clause (A), the word “timely” is omitted as surplus. In clause (F), the words “rail line” are substituted for “lines of railroad” for consistency in the revised title and with other titles of the Code.
In subsection (e), the words “approval of” are omitted as surplus.
1997—Subsec. (b). Pub. L. 105–134 inserted “or on January 1, 1997,” after “1979,”.
(a)
(b)
(1) effectiveness in improving annual financial planning;
(2) effectiveness in implementing improved financial accounting;
(3) efforts to implement minimum train performance standards;
(4) progress maximizing revenues, minimizing Federal subsidies, and improving financial results; and
(5) any other aspect of Amtrak operations the Inspector General finds appropriate to review.
(Added Pub. L. 110–432, div. B, title II, §221(a), Oct. 16, 2008, 122 Stat. 4931.)
The Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (a), is div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4907. For complete classification of this Act to the Code, see Short Title of 2008 Amendment note set out under section 20101 of this title and Tables.
A prior section 24310, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 914, allowed petition or application for assistance in upgrading facilities to correct dangerous conditions or State and local violations, prior to repeal by Pub. L. 105–134, title IV, §403, Dec. 2, 1997, 111 Stat. 2585.
(a)
(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)
(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)
(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).
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 915.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24311(a) | 45:545(d)(1) (less words between 11th comma and proviso). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(d)(1); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550; restated Oct. 28, 1974, Pub. L. 93–496, §6, 88 Stat. 1528; Feb. 5, 1976, Pub. L. 94–210, §706(g), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412. |
| 24311(b)(1) | 45:545(d)(1) (words between 11th comma and proviso). | |
| 45:545(d)(2), (3) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(d)(2)–(5); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 550. | |
| 24311(b)(2) | 45:545(d)(3) (2d sentence), (5). | |
| 24311(b)(3) | 45:545(d)(3) (3d, last sentences). | |
| 24311(b)(4) | 45:545(d)(4). | |
| 24311(c) | 45:562(d). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(d); added Nov. 3, 1973, Pub. L. 93–146, §10(2), 87 Stat. 552; Feb. 5, 1976, Pub. L. 94–210, §706(h), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Nov. 28, 1990, Pub. L. 101–641, §9(a), 104 Stat. 4658. |
| 45:562 (note). | Nov. 28, 1990, Pub. L. 101–641, §9(b), 104 Stat. 4658. |
In subsection (a)(1), before clause (A), the words “the exercise of the right of” and “right-of-way, land, or other” are omitted as surplus.
In subsection (b)(1) and (2), the words “estate or” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “A civil action to acquire an interest in property by eminent domain under subsection (a) of this section must be brought” are added, the words “any judicial district in which any piece of the property is located” are substituted for “any such court”, and the words “under this subsection” are added, for clarity.
In subsection (b)(2), before clause (A), the words “When the declaration is filed and the deposit is made under paragraph (1) of this subsection” are substituted for “shall thereupon” for clarity. The word “immediately” is omitted as surplus. In clause (A), the words “possession of the property is given to Amtrak” are substituted for “the parties in possession are required to surrender possession to the Corporation” to eliminate unnecessary words. Clause (B) is substituted for 45:545(d)(5) (last sentence) to eliminate unnecessary words.
In subsection (b)(3), the words “of money” are omitted as surplus. The words “awarding that amount and interest on it” are substituted for “make an award and . . . accordingly. Such judgment shall include, as part of the just compensation awarded, interest” to eliminate unnecessary words. The words “of interest” are added for clarity. The words “finally . . . as the value of the property on the date of taking” and “on such date” are omitted as surplus.
In subsection (b)(4), the word “award” is substituted for “compensation finally awarded” for consistency and to eliminate unnecessary words. The words “of the money . . . by any person entitled to compensation” and “amount of the” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “terms for”, “at issue”, “to the Corporation”, “and conditions”, “for the property”, “in any event”, “from the Corporation”, and “to the Corporation on such reasonable terms and conditions as it may prescribe, including just compensation” are omitted as surplus. In clause (A), the words “of the property to the Corporation” are omitted as surplus. In clause (B), the words “either by sale or by exercising its right of eminent domain under subsection (a) of this section” are substituted for “which is available for sale on reasonable terms to the Corporation, or available to the Corporation by the exercise of its authority under section 545(d) of this title” for clarity and to eliminate unnecessary words.
In subsection (c)(3), the words “reconvey . . . an interest conveyed to Amtrak under this subsection or prior comparable provision of law” are substituted for “convey title or other interest in such property” for consistency in the revised title and to eliminate unnecessary words. The words “regardless of when the proceeding was brought” are substituted for section 9(b) (less words in parentheses) of the Independent Safety Board Act Amendments of 1990 (Public Law 101–641, 104 Stat. 4658) to eliminate unnecessary words.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 916; Pub. L. 105–134, title I, §§101(f), 105(c), 121(a), Dec. 2, 1997, 111 Stat. 2572–2574; Pub. L. 107–217, §3(n)(4), Aug. 21, 2002, 116 Stat. 1302.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24312(a) | 45:565(d). | Oct. 30, 1970, Pub. L. 91–518, §405(d), 84 Stat. 1337. |
| 24312(b) | 45:565(e). | Oct. 30, 1970, Pub. L. 91–518, §405(e), 84 Stat. 1337; Aug. 13, 1981, Pub. L. 97–35, §1177(b), 95 Stat. 692. |
In subsection (a)(1), the words “take such action as may be necessary to”, “the performance of”, “with the assistance of funds received”, “contract or”, “at rates”, and “adequate” are omitted as surplus.
In subsection (a)(2), the words “provided for” and “and pursuant to” are omitted as surplus.
In subsection (b)(1), the words “Except as provided in paragraph (2) of this subsection” are omitted as surplus.
The Railway Labor Act, referred to in subsec. (b), is act May 20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
2002—Subsec. (a). Pub. L. 107–217, §3(n)(4)(A), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)” and “section 3704 of title 40” for “section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333)”.
Subsec. (b). Pub. L. 107–217, §3(n)(4)(B), substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”.
1997—Subsec. (a)(1). Pub. L. 105–134, §121(a)(2), redesignated par. (1) as subsec. (a).
Pub. L. 105–134, §§101(f), 105(c), struck out “, 24701(a), or 24704(b)(2)” after “24308(a)”.
Subsec. (a)(2). Pub. L. 105–134, §121(a)(3), redesignated par. (2) as subsec. (b).
Subsec. (b). Pub. L. 105–134, §121(a)(1), (3), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b), which read as follows:
“(b)
“(2) This subsection does not apply to food and beverage services provided on trains of Amtrak.”
Pub. L. 105–134, title I, §121(b)–(d), Dec. 2, 1997, 111 Stat. 2574, 2575, provided that:
“(b)
“(1)
“(2)
“(c)
“(1) shall be included in negotiations under section 6 of the Railway Labor Act (45 U.S.C. 156) between Amtrak and an organization representing Amtrak employees, which shall be commenced by—
“(A) the date on which labor agreements under negotiation on the date of enactment of this Act [Dec. 2, 1997] may be re-opened; or
“(B) November 1, 1999,
whichever is earlier;
“(2) may, at the mutual election of Amtrak and an organization representing Amtrak employees, be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act; and
“(3) may not be included in any negotiation in progress under section 6 of the Railway Labor Act (45 U.S.C. 156) on the date of enactment of this Act, unless both Amtrak and the organization representing Amtrak employees agree to include it in the negotiation.
No contract between Amtrak and an organization representing Amtrak employees, that is under negotiation on the date of enactment of this Act, may contain a moratorium that extends more than 5 years from the date of expiration of the last moratorium.
“(d)
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 917.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24313 | 45:646. | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §807; added Oct. 5, 1978, Pub. L. 95–421, §13, 92 Stat. 929. |
In this section, before clause (1), the words “No later than January 1, 1979” are omitted as executed. The word “maintain” is substituted for “develop and implement” for clarity. The words “designed to serve as” and “required under this section” are omitted as surplus. In clause (1), the words “if known” are omitted as surplus. In clause (2), the words “undertaken” and “causes” are omitted as surplus. In clauses (3)–(6), the word “reports” is substituted for “identification” for clarity. In clause (3), the word “included” is omitted as surplus. In clause (4), the words “personal injuries” are substituted for “fatalities, and casualties” for consistency in the revised title. The word “activities” is added for clarity. In clause (6), the words “or data” and “necessary or” are omitted as surplus.
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 917; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to Amtrak developing plan for demonstrating new technology that may increase train speed in intercity rail passenger system.
(a)
(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)
(A) shall include a discussion and accounting of Amtrak's success in meeting the goal of section 24902(b) 1 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)
(d)
(e)
(f)
(g)
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 918; Pub. L. 105–134, title II, §206, Dec. 2, 1997, 111 Stat. 2584.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24315(a) | 45:548(a). | Oct. 30, 1970, Pub. L. 91–518, §308(a), 84 Stat. 1333; June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 228; Sept. 29, 1979, Pub. L. 96–73, §113, 93 Stat. 542; Aug. 13, 1981, Pub. L. 97–35, §1180(a), 95 Stat. 693; restated Apr. 7, 1986, Pub. L. 99–272, §4005, 100 Stat. 107; June 22, 1988, Pub. L. 100–342, §18(d), 102 Stat. 637. |
| 24315(b) | 45:548(b). | Oct. 30, 1970, Pub. L. 91–518, §308(b), 84 Stat. 1333; restated June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 229; Nov. 3, 1973, Pub. L. 93–146, §8, 87 Stat. 551; May 26, 1975, Pub. L. 94–25, §4(a), 89 Stat. 90. |
| 45:851(d)(2). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §701(d)(2); added May 30, 1980, Pub. L. 96–254, §205, 94 Stat. 412. | |
| 24315(c) | 45:548(c). | Oct. 30, 1970, Pub. L. 91–518, §308(c), 84 Stat. 1333; restated June 22, 1972, Pub. L. 92–316, §4, 86 Stat. 229; May 26, 1975, Pub. L. 94–25, §4(b), 89 Stat. 90; Aug. 13, 1981, Pub. L. 97–35, §1180(b), 95 Stat. 693. |
| 24315(d) | 45:644(1)(A) (1st, 2d sentences), (B). | Oct. 30, 1970, Pub. L. 91–518, §805(1), 84 Stat. 1340. |
| 24315(e) | 45:644(2)(A) (1st, 2d sentences). | Oct. 30, 1970, Pub. L. 91–518, §805(2)(A), 84 Stat. 1340; Oct. 28, 1974, Pub. L. 93–496, §11, 88 Stat. 1531; Apr. 7, 1986, Pub. L. 99–272, §4007(a), 100 Stat. 108. |
| 24315(f) | 45:644(1)(A) (last sentence), (2)(A) (3d, last sentences). | |
| 45:644(2)(B). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §805(2)(B); added June 22, 1972, Pub. L. 92–316, §11(2), 86 Stat. 233; Apr. 7, 1986, Pub. L. 99–272, §4007(a)(2), 100 Stat. 108. | |
| 24315(g) | 45:644(2)(C). | Oct. 30, 1970, Pub. L. 91–518, §805(2)(C), 84 Stat. 1340; June 22, 1972, Pub. L. 92–316, §11(2), 86 Stat. 233. |
In subsection (a)(2), the words “to . . . compensation” and “prescribed” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “(beginning with 1973)” are omitted as executed. The word “complete” is substituted for “comprehensive and detailed” to eliminate unnecessary words. The words “under this chapter” are omitted as surplus. The word “revenues” is substituted for “receipts” for consistency. In clause (B), the words “may include recommendations for legislation” are substituted for “At the time of its annual report, the Corporation shall submit such legislative recommendations as it deems desirable”, the words “the method of computing the assistance” are substituted for “the manner and form in which the amount of such assistance should be computed”, and the words “of the assistance” are substituted for “from which such assistance should be derived”, to eliminate unnecessary words.
In subsection (c), the words “(beginning with 1974)” are omitted as executed. The word “prepare” is substituted for “transmit to the President and to the Congress by March 15 of each year” for clarity because the report is now part of the annual report under 49:308(a). The words “Beginning in 1976” are omitted as executed. The word “Secretary” is substituted for “Department of Transportation” because of 49:102(b). The words “submits under section 308(a) of this title” are substituted for “to the Congress” for clarity.
In subsection (d), the words “independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States” are omitted as obsolete because only certified public accountants are used for the audit. Only noncertified public accountants licensed before December 30, 1970, who were already conducting audits were allowed to continue. The words “or places” are omitted because of 1:1. The words “financial statements” are substituted for “accounts” because audits are performed on financial statements, not accounts. The words “independent” and “annual” are omitted as surplus. The text of 45:644(1)(B) (last sentence) is omitted as surplus because those requirements are included in “generally accepted auditing standards”.
In subsection (e), the word “rules” is omitted as being synonymous with “regulations”. The words “or places” are omitted because of 1:1. The word “appropriate” is omitted as surplus.
In subsection (f), the words “if required” are substituted for “To the extent . . . deems necessary” to eliminate unnecessary words. The words “the person conducting”, “The representatives of the Comptroller General”, “his representatives”, “as he may make of the financial transactions of the Corporation”, “things, or”, and “full” are omitted as surplus. The words “may keep” are substituted for “shall remain in possession and custody of” and “shall remain in the possession and custody of” to eliminate unnecessary words.
In subsection (g), the word “giving” is substituted for “The report to the Congress shall contain such” to eliminate unnecessary words. The words “as the Comptroller General may deem”, “as he may deem advisable”, “program, expenditure or other”, “observed in the course of the audit”, and “or made” are omitted as surplus.
Section 24902(b) of this title, referred to in subsec. (b)(1)(A), was redesignated section 24902(a) and section 24902(e) was redesignated section 24902(b) by Pub. L. 105–134, title IV, §405(b)(1)(A), Dec. 2, 1997, 111 Stat. 2586.
1997—Subsec. (h). Pub. L. 105–134 added subsec. (h).
For termination, effective May 15, 2000, of provisions in subsecs. (a), (b)(1), (c), and (d) of this section relating to requirements to submit regular periodic reports to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 3rd item on page 176 and the 6th and 7th items on page 204 of House Document No. 103–7.
Pub. L. 108–447, div. H, title I, Dec. 8, 2004, 118 Stat. 3221, provided in part: “That the Secretary of Transportation is authorized to retain up to $4,000,000 of the funds provided to be used to retain a consultant or consultants to assist the Secretary in preparing a comprehensive valuation of Amtrak's assets to be completed not later than September 30, 2005: Provided further, That these funds shall be available to the Secretary of Transportation until expended: Provided further, That this valuation shall to be used to retain a consultant or consultants to develop to the Secretary's satisfaction a methodology for determining the avoidable and fully allocated costs of each Amtrak route: Provided further, That once the Secretary has approved the methodology for determining the avoidable and fully allocated costs of each Amtrak route, Amtrak shall apply that methodology in compiling an annual report to Congress on the avoidable and fully allocated costs of each of its routes, with the initial report for fiscal year 2005 to be submitted to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Commerce, Science, and Transportation before December 31, 2005, and each subsequent report to be submitted within 90 days after the end of the fiscal year to which the report pertains.”
Pub. L. 108–7, div. I, title III, §350, Feb. 20, 2003, 117 Stat. 419, provided that: “On February 15, 2003, and on each year thereafter, the National Railroad Passenger Corporation shall submit to the appropriate Congressional Committees a report detailing the per passenger operating loss on each rail line.”
Pub. L. 105–134, title IV, §414, Dec. 2, 1997, 111 Stat. 2589, provided that: “If, at any time, during a fiscal year in which Amtrak receives Federal assistance, Amtrak enters into a consulting contract or similar arrangement, or a contract for lobbying, with a lobbying firm, an individual who is a lobbyist, or who is affiliated with a lobbying firm, as those terms are defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), Amtrak shall notify the United States Senate Committee on Commerce, Science, and Transportation, and the United States House of Representatives Committee on Transportation and Infrastructure of—
“(1) the name of the individual or firm involved;
“(2) the purpose of the contract or arrangement; and
“(3) the amount and nature of Amtrak's financial obligation under the contract.
This section applies only to contracts, renewals or extensions of contracts, or arrangements entered into after the date of the enactment of this Act [Dec. 2, 1997].”
1 See References in Text note below.
(a)
(b)
(1) A process by which a rail passenger carrier will maintain and provide to the National Transportation Safety Board, the Secretary of Transportation, and the Secretary of Homeland Security immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train (whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for the rail passenger carrier to use reasonable efforts to ascertain the names of passengers aboard a train involved in an accident.
(2) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, either by utilizing the services of the organization designated for the accident under section 1139(a)(2) of this title or the services of other suitably trained individuals.
(3) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers.
(4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as the rail passenger carrier has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified).
(5) An assurance that, upon request of the family of a passenger, the rail passenger carrier will inform the family of whether the passenger's name appeared on any preliminary passenger manifest for the train involved in the accident.
(6) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within the control of the rail passenger carrier and by which any possession of the passenger within the control of the rail passenger carrier (regardless of its condition)—
(A) will be retained by the rail passenger carrier for at least 18 months; and
(B) will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation.
(7) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers.
(8) An assurance that the rail passenger carrier will provide adequate training to the employees and agents of the carrier to meet the needs of survivors and family members following an accident.
(9) An assurance that the family of each passenger or other person killed in the accident will be consulted about construction by the rail passenger carrier of any monument to the passengers, including any inscription on the monument.
(10) An assurance that the rail passenger carrier will work with any organization designated under section 1139(a)(2) of this title on an ongoing basis to ensure that families of passengers receive an appropriate level of services and assistance following each accident.
(11) An assurance that the rail passenger carrier will provide reasonable compensation to any organization designated under section 1139(a)(2) of this title for services provided by the organization.
(c)
(d)
(1)
(2)
(e)
(f)
(g)
(Added Pub. L. 110–432, div. A, title V, §502(a), Oct. 16, 2008, 122 Stat. 4897.)
The date of the enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
In this chapter:
(1)
(2)
(A) acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating, remanufacturing or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service;
(C) costs associated with developing State rail plans; and
(D) the first-dollar liability costs for insurance related to the provision of intercity passenger rail service under section 24404.
(3)
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4935.)
(a)
(1) The Secretary of Transportation may make grants under this section to an applicant to assist in financing the capital costs of facilities, infrastructure, and equipment necessary to provide or improve intercity passenger rail transportation.
(2) Consistent with the requirements of this chapter, the Secretary shall require that a grant under this section be subject to the terms, conditions, requirements, and provisions the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section and shall prescribe procedures and schedules for the awarding of grants under this title, including application and qualification procedures and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing such procedures not later than 2 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008. For the period prior to the earlier of the issuance of such a rule or 2 years after the date of enactment of such Act, the Secretary shall issue interim guidance to applicants covering such procedures, and administer the grant program authorized under this section pursuant to such guidance.
(b)
(1) The Secretary may not approve a grant for a project under this section unless the Secretary finds that the project is part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008, and that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities.
(2) An applicant shall provide sufficient information upon which the Secretary can make the findings required by this subsection.
(3) If an applicant has not selected the proposed operator of its service competitively, the applicant shall provide written justification to the Secretary showing why the proposed operator is the best, taking into account price and other factors, and that use of the proposed operator will not unnecessarily increase the cost of the project.
(c)
(1) require—
(A) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
(B) that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities;
(C) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
(D) that if an applicant has selected the proposed operator of its service competitively, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
(E) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
(F) that each project be compatible with, and operated in conformance with—
(i) plans developed pursuant to the requirements of section 135 of title 23, United States Code; and
(ii) the national rail plan (if it is available);
(2) select projects—
(A) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of—
(i) the project's levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
(ii) the project's anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
(iii) identification of the project by the Surface Transportation Board as necessary to improve the on-time performance and reliability of intercity passenger rail under section 24308(f);
(B) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by—
(i) the project's precommencement compliance with environmental protection requirements;
(ii) the readiness of the project to be commenced;
(iii) the timing and amount of the project's future noncommitted investments;
(iv) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
(v) other relevant factors as determined by the Secretary; and
(C) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this chapter; and
(3) give greater consideration to projects—
(A) that are anticipated to result in benefits to other modes 1 transportation and to the public at large, including, but not limited to, consideration of the project's—
(i) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
(ii) anticipated improvement of freight or commuter rail operations;
(iii) encouragement of the use of positive train control technologies;
(iv) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
(v) anticipated positive economic and employment impacts;
(vi) encouragement of State and private contributions toward station development, energy and environmentally 2 efficiency, and economic benefits; and
(vii) falling under the description in section 5302(a)(1)(G) of this title as defined to support intercity passenger rail service; and
(B) that incorporate equitable financial participation in the project's financing, including, but not limited to, consideration of—
(i) donated property interests or services;
(ii) financial contributions by freight and commuter rail carriers commensurate with the benefit expected to their operations; and
(iii) financial commitments from host railroads, non-Federal governmental entities, nongovernmental entities, and others.
(d)
(e)
(f)
(1) The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a major capital 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.
(2) At least 30 days before issuing a letter under paragraph (1) of this subsection, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the House and Senate Committees on Appropriations of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement, the criteria used in subsection (c) for selecting the project for a grant award, and a description of how the project meets such criteria.
(3) An obligation or administrative commitment may be made only when amounts are appropriated. The letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment.
(g)
(1)(A) Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost.
(B) A grant for the project shall not exceed 80 percent of the project net capital cost.
(C) The Secretary shall give priority in allocating future obligations and contingent commitments to incur obligations to grant requests seeking a lower Federal share of the project net capital cost.
(2) Up to an additional 20 percent of the required non-Federal funds may be funded from amounts appropriated to or made available to a department or agency of the Federal Government that are eligible to be expended for transportation.
(3) The following amounts, not to exceed $15,000,000 per fiscal year, shall be available to each applicant as a credit toward an applicant's matching requirement for a grant awarded under this section—
(A) in each of fiscal years 2009, 2010, and 2011—
(i) 50 percent of the average of amounts expended in fiscal years 2002 through 2008 by an applicant for capital projects related to intercity passenger rail service; and
(ii) 50 percent of the average of amounts expended in fiscal years 2002 through 2008 by an applicant for operating costs of such service; and
(B) in each of fiscal years 2010, 2011 and 2012, 50 percent of the amount by which the amounts expended for capital projects and operating costs related to intercity passenger rail service by an applicant in the prior fiscal year exceed the average capital and operating expenditures made for such service in fiscal years 2006, 2007, and 2008.
The Secretary may require such information as necessary to verify such expenditures. Credits made available to an applicant in a fiscal year under this paragraph may only be applied towards grants awarded in that fiscal year.
(4) The Federal share of expenditures for capital improvements under this chapter may not exceed 100 percent.
(h) 2-
(i)
(1)
(2)
(A) ownership or operation of any land, facility, locomotive, rail car, vehicle, or other physical asset associated with the project;
(B) cost-sharing of any project expense;
(C) carrying out administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and
(D) any other form of participation approved by the Secretary.
(3)
(j)
(1) in which there is no intercity passenger rail service for the purpose of funding freight rail capital projects that are on a State rail plan developed under chapter 227 of this title that provide public benefits (as defined in chapter 227) as determined by the Secretary; or
(2) in which the rail transportation system is not physically connected to rail systems in the continental United States or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that State or other relevant considerations, for the purpose of funding transportation-related capital projects.
(k)
(l)
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4936.)
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a)(2) and (d), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008.
Section 211 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (b)(1) and (c)(1)(A), is section 211 of Pub. L. 110–432, which is set out as a note under section 24902 of this title.
Sections 207 and 209(d) of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (c)(2)(A)(i) and (k), respectively, are sections 207 and 209(d) of Pub. L. 110–432, which are set out in a note under section 24101 of this title.
Section 22506 of this title, referred to in subsec. (d), probably should be a reference to section 22706 of this title, which requires the Secretary to prescribe procedures for submitting State rail plans for review. No section 22506 of this title has been enacted.
Section 22504(a)(5) of this title, referred to in subsec. (e), probably should be a reference to section 22705(a)(5) of this title, which requires each State rail plan to contain a long-range rail investment program that includes a list of any rail capital projects expected to be undertaken or supported in whole or in part by the State. Section 22504(a) of this title does not contain a par. (5).
Section 101 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (e) and (k), is section 101 of title I of div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4908, which is not classified to the Code.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
1 So in original. Probably should be followed by “of”.
3 See References in Text note below.
4 So in original. Probably should be capitalized.
(a)
(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 handling the 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, and ridership estimates; and
(12) the recipient's commitment to submit periodically a project budget and project schedule to the Secretary.
(b)
(1) The Secretary may use no more than 1 percent of amounts made available in a fiscal year for capital projects under this chapter to enter into contracts to oversee the construction of such projects.
(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).
(3) The Federal Government shall pay the entire cost of carrying out a contract under this subsection.
(c)
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4941.)
Notwithstanding the requirements of section 24402 of this chapter, the Secretary of Transportation may approve the use of a capital assistance grant under this chapter to fund self-insured retention of risk for the first tier of liability insurance coverage for rail passenger service associated with the grant, but the coverage may not exceed $20,000,000 per occurrence or $20,000,000 in aggregate per year.
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4942.)
(a)
(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) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3) For purposes of this subsection, in calculating the components’ costs, labor costs involved in final assembly shall not be included in the calculation.
(4) If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the date on which such finding takes effect—
(A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and
(B) provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days.
(5) Not later than December 31, 2012, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on any waivers granted under paragraph (2).
(6) 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.
(7) A person is ineligible to receive a contract or subcontract made with amounts authorized under this chapter if a court or department, agency, or instrumentality of the Government decides the person intentionally—
(A) affixed a “Made in America” label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or
(B) represented that goods described in subparagraph (A) of this paragraph were produced in the United States.
(8) The Secretary may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements.
(9) The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier.
(10) A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.
(11) The requirements of this subsection shall only apply to projects for which the costs exceed $100,000.
(b)
(1) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.);
(2) the Railway Labor Act (43 1 U.S.C. 151 et seq.); and
(3) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).
(c)
(1) a written agreement exist between the applicant and the railroad regarding such use and ownership, including—
(A) any compensation for such use;
(B) assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations;
(C) an assurance by the railroad that collective bargaining agreements with the railroad's employees (including terms regulating the contracting of work) will remain in full force and effect according to their terms for work performed by the railroad on the railroad transportation corridor; and
(D) an assurance that an applicant complies with liability requirements consistent with section 28103 of this title; and
(2) the applicant agrees to comply with—
(A) the standards of section 24312 of this title, as such section was in effect on September 1, 2003, with respect to the project in the same manner that Amtrak is required to comply with those standards for construction work financed under an agreement made under section 24308(a) of this title; and
(B) the protective arrangements established under section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836) with respect to employees affected by actions taken in connection with the project to be financed in whole or in part by grants under this chapter.
(d)
(1)
(A) gives each such qualified employee of the predecessor provider priority in hiring according to the employee's seniority on the predecessor provider for each position with the replacing entity that is in the employee's craft or class and is available within 3 years after the termination of the service being replaced;
(B) establishes a procedure for notifying such an employee of such positions;
(C) establishes a procedure for such an employee to apply for such positions; and
(D) establishes rates of pay, rules, and working conditions.
(2)
(A)
(B)
(3)
(4)
(e)
(1) commuter rail passenger transportation (as defined in section 24102(4) 2 of this title) operations of a State or local government 3 authority (as those terms are defined in section 5302(11) 2 and (6),2 respectively, of this title) eligible to receive financial assistance under section 5307 of this title, or to its contractor performing services in connection with commuter rail passenger operations (as so defined);
(2) the Alaska Railroad or its contractors; or
(3) Amtrak's access rights to railroad rights of way and facilities under current law.
(f)
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4942.)
The Railroad Retirement Act of 1974, referred to in subsec. (b)(1), is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93–445, title I, §101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§231 et seq.) of chapter 9 of Title 45, Railroads. For further details and complete classification of this Act to the Code, see Codification note set out preceding section 231 of Title 45, section 231t of Title 45, and Tables.
The Railway Labor Act, referred to in subsec. (b)(2), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec. (b)(3), is act June 25, 1938, ch. 680, 52 Stat. 1094, which is classified principally to chapter 11 (§351 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 367 of Title 45 and Tables.
The date of enactment of this Act, referred to in subsec. (d)(1), probably means the date of enactment of Pub. L. 110–432, which enacted this section and was approved Oct. 16, 2008.
Section 24102(4) of this title, referred to in subsecs. (e)(1) and (f), was redesignated section 24102(3) of this title by Pub. L. 110–432, div. B, title II, §201(a)(2), Oct. 16, 2008, 122 Stat. 4909.
Section 5302(11) of this title, referred to in subsec. (e)(1), probably means section 5302(a)(13) of this title, which defines “State”.
Section 5302(6) of this title, referred to in subsec. (e)(1), probably means section 5302(a)(6), which defines “local governmental authority”.
Pub. L. 110–432, div. B, title III, §301(c), Oct. 16, 2008, 122 Stat. 4946, provided that: “In implementing section 24405(a) of title 49, United States Code, the Federal Highway Administration shall, upon request by the Federal Railroad Administration, assist the Federal Railroad Administration in developing a process for posting on its website or distributing via email notices of waiver requests received pursuant to such subsection and soliciting public comments on the intent to issue a waiver. The Federal Railroad Administration's development of such a process does not relieve the Federal Railroad Administration of the requirements under paragraph (4) of such subsection.”
1 So in original. Probably should be “(45”.
2 See References in Text note below.
3 So in original. Probably should be “governmental”.
There are authorized to be appropriated to the Secretary of Transportation for capital grants under this chapter the following amounts:
(1) For fiscal year 2009, $100,000,000.
(2) For fiscal year 2010, $300,000,000.
(3) For fiscal year 2011, $400,000,000.
(4) For fiscal year 2012, $500,000,000.
(5) For fiscal year 2013, $600,000,000.
(Added Pub. L. 110–432, div. B, title III, §301(a), Oct. 16, 2008, 122 Stat. 4946.)
Section 24501, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 919; Pub. L. 103–429, §6(21), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–88, title III, §308(h), Dec. 29, 1995, 109 Stat. 947, related to status of Amtrak Commuter and applicable laws.
Section 24502, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 920, related to board of directors of Amtrak Commuter.
Section 24503, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to appointment and service of officers of Amtrak Commuter.
Section 24504, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to general authority of Amtrak Commuter.
Section 24505, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 921, related to Amtrak's rights and responsibilities as relating to commuter rail passenger transportation.
Section 24506, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 922, provided that certain powers and duties of Consolidated Rail Corporation were not affected by this chapter.
Pub. L. 105–134, title I, §106(c), Dec. 2, 1997, 111 Stat. 2573, provided that: “The repeal of chapter 245 of title 49, United States Code, by subsection (a) of this section is without prejudice to the retention of trackage rights over property owned or leased by commuter authorities.”
2008—Pub. L. 110–432, div. B, title II, §§201(b)(2), 210(b), 214(c), Oct. 16, 2008, 122 Stat. 4910, 4920, 4929, added items 24702, 24710, and 24711.
1997—Pub. L. 105–134, title I, §§101(a)(2), (b), (d), (e), 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573, substituted “National rail passenger transportation system” for “Operation of basic system” in item 24701 and struck out item 24702 “Improving rail passenger transportation”, item 24703 “Route and service criteria”, item 24704 “Transportation requested by States, authorities, and other persons”, item 24705 “Additional qualifying routes”, item 24707 “Cost and performance review”, and item 24708 “Special commuter transportation”.
1 So in original. Probably should be followed by a period.
2 So in original. Does not conform to section catchline.
Amtrak shall operate a national rail passenger transportation system which ties together existing and emergent regional rail passenger service and other intermodal passenger service.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 923; Pub. L. 105–134, title I, §101(a)(1), Dec. 2, 1997, 111 Stat. 2572.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24701(a) | 45:561(b). | Oct. 30, 1970, Pub. L. 91–518, §401(b), 84 Stat. 1335. |
| 24701(b) | 45:561(c). | Oct. 30, 1970, Pub. L. 91–518, §401(c), 84 Stat. 1335; Nov. 3, 1973, Pub. L. 93–146, §9, 87 Stat. 551. |
In subsection (a), before clause (1), the text of 45:561(b) (1st sentence words after 3d comma) is omitted as obsolete because no regional transportation authority provided intercity rail passenger transportation after May 1, 1971. The words “On May 1, 1971” and “begin” are omitted as executed. The words “between points” and “either” are omitted as surplus. In clause (2), the words “under contract with Amtrak” are substituted for 45:561(b) (last sentence) for clarity and to eliminate unnecessary words. The words “at any time subsequent to May 1, 1971” are omitted as executed.
In subsection (b), the words “concerning auto-ferry service . . . railroad or any other” are omitted as surplus.
1997—Pub. L. 105–134 substituted section catchline for former catchline which read “Operation of basic system” and amended text generally. Prior to amendment, text read as follows:
“(a)
“(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)
(a)
(b)
(Added Pub. L. 110–432, div. B, title II, §201(b)(1), Oct. 16, 2008, 122 Stat. 4910.)
A prior section 24702, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 923; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to carrying out plan to improve intercity rail passenger service prior to repeal by Pub. L. 105–134, title I, §101(b), Dec. 2, 1997, 111 Stat. 2572.
Pub. L. 110–432, div. B, title II, §217, Oct. 16, 2008, 122 Stat. 4930, provided that: “If a State desires to select or selects an entity other than Amtrak to provide services required for the operation of an intercity passenger train route described in section 24102(5)(D) or 24702 of title 49, United States Code, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the State to utilize an entity other than Amtrak to provide services required for operation of the route. If the parties cannot agree upon terms, and the Surface Transportation Board finds that access to Amtrak's facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision and that the operation of Amtrak's other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services. Compensation shall be determined, as appropriate, in accordance with the methodology established pursuant to section 209 of this division [49 U.S.C. 24101 note], if available.”
Section 24703, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 924, provided route and service criteria for modifying or discontinuing routes.
Section 24704, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 925, related to application by States, regional or local authorities, or other persons requesting Amtrak to provide passenger rail service and criteria for decision.
Section 24705, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 926; Pub. L. 104–88, title III, §308(i), Dec. 29, 1995, 109 Stat. 947, related to providing service on routes recommended to be discontinued, criteria for deferring Secretary's recommendation, and providing short haul demonstration routes.
(a)
(2) Notice of the discontinuance under section 24704 1 or paragraph (1) shall be posted in all stations served by the train to be discontinued at least 14 days before the discontinuance.
(b)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 927; Pub. L. 105–134, title I, §§101(c), 142(a), Dec. 2, 1997, 111 Stat. 2572, 2576; Pub. L. 110–432, div. B, title II, §201(d), Oct. 16, 2008, 122 Stat. 4910.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24706(a)(1) | 45:564(c)(4)(F)(ii). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §404(c)(4)(F); added Sept. 29, 1979, Pub. L. 96–73, §117, 93 Stat. 545; restated Aug. 13, 1981, Pub. L. 97–35, §1183(b), 95 Stat. 696. |
| 24706(a)(2) | 45:564(c)(4)(F)(i). | |
| 24706(b) | 45:564(c)(4)(F)(iii). | |
| 24706(c)(1) | 45:565(a) (2d sentence). | Oct. 30, 1970, Pub. L. 91–518, §405(a) (1st, 2d sentences), 84 Stat. 1337; restated June 22, 1972, Pub. L. 92–316, §7(a), 86 Stat. 230. |
| 45:565(a) (last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(a) (last sentence); added Apr. 7, 1986, Pub. L. 99–272, §4016, 100 Stat. 110. | |
| 24706(c)(2) | 45:565(a) (1st sentence). | |
| 45:565(b) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, §405(b) (1st–3d sentences), 84 Stat. 1337. | |
| 45:565(c) (1st sentence words before 2d comma). | Oct. 30, 1970, Pub. L. 91–518, §405(c), 84 Stat. 1337; restated June 22, 1972, Pub. L. 92–316, §7(c), 86 Stat. 230. | |
| 24706(c)(3) | 45:565(b) (2d sentence). | |
| 24706(c)(4) | 45:565(b) (3d sentence). | |
| 24706(c)(5) | 45:565(c) (1st sentence words after 2d comma, last sentence). | |
| 24706(c)(6) | 45:565(g). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §405(g); added Aug. 13, 1981, Pub. L. 97–35, §1188(d), 95 Stat. 699. |
In subsection (a)(1), the words “Except as provided in subsection (b) of this section” are added for clarity. The word “authority” is substituted for “agency” for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), before clause (A), the words “Notwithstanding the provisions of clause (ii)” are omitted as surplus. In clauses (A) and (B), the words “the benefit of” are omitted as surplus. In clause (A), the words “for such fiscal year” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “Amtrak or” are substituted for 45:565(c) (1st sentence words before 2d comma) to eliminate unnecessary words because operations in the basic system have begun. The words “whether occurring before, on, or after January 1, 1975” and “without being limited to, such provisions as may be necessary for” are omitted as surplus. In clause (A), the words “to such employees” are omitted as surplus.
In subsection (c)(3), the words “section 11347 of this title” are substituted for and coextensive with “section 5(2)(f) of the Interstate Commerce Act” in section 405(b) of the Rail Passenger Service Act (Public Law 91–518, 84 Stat. 1337) on authority of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat. 1466).
In subsection (c)(5), the words “be construed to” are omitted as surplus. The text of 45:565(c) (last sentence) is omitted as executed.
Section 24704 of this title, referred to in text, was repealed by Pub. L. 105–134, title I, §105(a), Dec. 2, 1997, 111 Stat. 2573.
2008—Subsec. (c). Pub. L. 110–432 added subsec. (c).
1997—Subsec. (a)(1). Pub. L. 105–134, §101(c)(1)–(3), substituted “180 days” for “90 days” and “or discontinuing service over a route,” for “24707(a) or (b) of this title,” and inserted “or assume” after “agree to share”.
Subsec. (a)(2). Pub. L. 105–134, §101(c)(4), which directed substitution of “paragraph (1)” for “section 24707(a) or (b) of this title”, was executed by making the substitution for “24707(a) or (b) of this title” to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 105–134, §101(c)(5), which directed substitution of “subsection (a)(1)” for “section 24707(a) or (b) of this title”, was executed by making the substitution for “24707(a) or (b) of this title” to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 105–134, §142(a), struck out subsec. (c) which related to employee protective arrangements.
Amendment by section 142(a) of Pub. L. 105–134 effective 180 days after Dec. 2, 1997, see section 142(c) of Pub. L. 105–134, set out in an Employee Protection Reforms note below.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 105–134, title I, §§141, 142, Dec. 2, 1997, 111 Stat. 2575, 2576, provided that:
“(a)
“(b)
“(c)
“(d)
“(A) is unresolved as of the date which is 120 days after the date of the enactment of this Act [Dec. 2, 1997]; and
“(B) is not submitted to arbitration as described in subsection (c),
Amtrak shall, and the labor organization parties to such dispute shall, within 127 days after the date of the enactment of this Act, each select an individual from the entire roster of arbitrators maintained by the National Mediation Board. Within 134 days after the date of the enactment of this Act, the individuals selected under the preceding sentence shall jointly select an individual from such roster to make recommendations with respect to such dispute under this subsection. If the National Mediation Board is not informed of the selection under the preceding sentence 134 days after the date of enactment of this Act, the Board shall immediately select such individual.
“(2) No individual shall be selected under paragraph (1) who is pecuniarily or otherwise interested in any organization of employees or any railroad.
“(3) The compensation of individuals selected under paragraph (1) shall be fixed by the National Mediation Board. The second paragraph of section 10 of the Railway Labor Act [45 U.S.C. 160] shall apply to the expenses of such individuals as if such individuals were members of a board created under such section 10.
“(4) If the parties to a dispute described in subsection (a) fail to reach agreement within 150 days after the date of the enactment of this Act, the individual selected under paragraph (1) with respect to such dispute shall make recommendations to the parties proposing contract terms to resolve the dispute.
“(5) If the parties to a dispute described in subsection (a) fail to reach agreement, no change shall be made by either of the parties in the conditions out of which the dispute arose for 30 days after recommendations are made under paragraph (4).
“(6) Section 10 of the Railway Labor Act (45 U.S.C. 160) shall not apply to a dispute described in subsection (a).
“(e)
“(a)
“(b)
“(c)
“(d)
1 See References in Text note below.
Section 24707, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 928, required annual route, financial, and performance reviews.
Section 24708, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 929, related to continuing, modifying, or discontinuing passenger transportation routes.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 929.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24709 | 45:545(e)(7) (less words between parentheses). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(e)(7) (less words between parentheses); added Nov. 3, 1973, Pub. L. 93–146, §6, 87 Stat. 551. |
| 45:545(i). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(i); added Oct. 28, 1974, Pub. L. 93–496, §4, 88 Stat. 1527; restated May 26, 1975, Pub. L. 94–25, §3, 89 Stat. 90; Sept. 29, 1979, Pub. L. 96–73, §106, 93 Stat. 539; Aug. 13, 1981, Pub. L. 97–35, §1176, 95 Stat. 692; Apr. 7, 1986, Pub. L. 99–272, §13031(h)(1), 100 Stat. 310. |
In this section, before clause (1), the words “points within”, “points in”, and “including Montreal, Canada; Vancouver, Canada; and Nuevo Laredo, Mexico” in 45:545(e)(7) are omitted as surplus. The words “establish and” in 45:545(i) (1st sentence) are omitted as executed. The words “trains operated in” are omitted as surplus.
Pub. L. 110–432, div. B, title IV, §406, Oct. 16, 2008, 122 Stat. 4958, provided that:
“(a)
“(1) develop a strategic plan to facilitate expanded passenger rail service across the international border between the United States and Canada during the 2010 Olympic Games on the Amtrak passenger rail route between Vancouver, British Columbia, Canada, and Eugene, Oregon (commonly known as ‘Amtrak Cascades’);
“(2) develop recommendations for the Department of Homeland Security to process efficiently rail passengers traveling on Amtrak Cascades across such international border during the 2010 Olympic Games; and
“(3) submit to Congress a report containing the strategic plan described in paragraph (1) and the recommendations described in paragraph (2).
“(b)
“(1) in Vancouver, Canada, no later than June 1, 2009; and
“(2) in other areas as determined appropriate by the Secretary.”
(a)
(1) evaluate annually the financial and operating performance of each long-distance passenger rail route operated by Amtrak; and
(2) rank the overall performance of such routes for 2008 and identify each long-distance passenger rail route operated by Amtrak in 2008 according to its overall performance as belonging to the best performing third of such routes, the second best performing third of such routes, or the worst performing third of such routes.
(b)
(1) on-time performance;
(2) scheduling, frequency, routes, and stops;
(3) the feasibility of restructuring service into connected corridor service;
(4) performance-related equipment changes and capital improvements;
(5) on-board amenities and service, including food, first class, and sleeping car service;
(6) State or other non-Federal financial contributions;
(7) improving financial performance;
(8) anticipated Federal funding of operating and capital costs; and
(9) other aspects of Amtrak's long-distance passenger rail routes that affect the financial, competitive, and functional performance of service on Amtrak's long-distance passenger rail routes.
(c)
(1) beginning in fiscal year 2010 for those routes identified as being in the worst performing third under subsection (a)(2);
(2) beginning in fiscal year 2011 for those routes identified as being in the second best performing third under subsection (a)(2); and
(3) beginning in fiscal year 2012 for those routes identified as being in the best performing third under subsection (a)(2).
(d)
(1) shall notify Amtrak, the Inspector General of the Department of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate of its determination under this subsection;
(2) shall provide Amtrak with an opportunity for a hearing with respect to that determination; and
(3) may withhold appropriated funds otherwise available to Amtrak for the operation of a route or routes from among the worst performing third of routes currently served by Amtrak on which Amtrak is not making reasonable progress, other than funds made available for passenger safety or security measures.
(Added Pub. L. 110–432, div. B, title II, §210(a), Oct. 16, 2008, 122 Stat. 4918.)
Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a) and (b), is section 207 of Pub. L. 110–432, which is set out in a note under section 24101 of this title.
(a)
(1) permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates a passenger rail service route described in subparagraph (B), (C), or (D) of section 24102(5) or in section 24702 to petition the Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for a period not to exceed 5 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
(2) requires the Administration to notify Amtrak within 30 days after receiving a petition under paragraph (1) and establish a deadline by which both the petitioner and Amtrak would be required to submit a bid to provide passenger rail service over the route to which the petition relates;
(3) requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, what sources of non-Federal funding the bidder would use, including any State subsidy, among other things;
(4) requires the Administration to select winning bidders by evaluating the bids against the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and to give preference in awarding contracts to bidders seeking to operate routes that have been identified as one of the five worst performing Amtrak routes under section 24710;
(5) requires the Administration to execute a contract within a specified, limited time after the deadline established under paragraph (2) and award to the winning bidder—
(A) the right and obligation to provide passenger rail service over that route subject to such performance standards as the Administration may require, consistent with the standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008; and
(B) an operating subsidy—
(i) for the first year at a level not in excess of the level in effect during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation;
(ii) for any subsequent years at such level, adjusted for inflation; and
(6) requires that each bid contain a staffing plan describing the number of employees needed to operate the service, the job assignments and requirements, and the terms of work for prospective and current employees of the bidder for the service outlined in the bid, and such staffing plan be made available by the winning bidder to the public after the bid award.
(b)
(c)
(1) it shall execute a contract with the rail carrier or rail carriers for rail passenger operations on that route that conditions the operating and subsidy rights upon—
(A) the service provider continuing to provide passenger rail service on the route that is no less frequent, nor over a shorter distance, than Amtrak provided on that route before the award; and
(B) the service provider's compliance with the minimum standards established under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and such additional performance standards as the Administration may establish;
(2) it shall, if the award is made to a rail carrier other than Amtrak, require Amtrak to provide access to its reservation system, stations, and facilities directly related to operations to any rail carrier or rail carriers awarded a contract under this section, in accordance with section 217 of that Act, necessary to carry out the purposes of this section;
(3) the employees of any person used by a rail carrier or rail carriers (as defined in section 10102(5) of this title) in the operation of a route under this section shall be considered an employee of that carrier or carriers and subject to the applicable Federal laws and regulations governing similar crafts or classes of employees of Amtrak, including provisions under section 121 of the Amtrak Reform and Accountability Act of 1997 relating to employees that provide food and beverage service; and
(4) the winning bidder shall provide hiring preference to qualified Amtrak employees displaced by the award of the bid, consistent with the staffing plan submitted by the bidder and shall be subject to the grant conditions under section 24405 of this title.
(d)
(e)
(Added Pub. L. 110–432, div. B, title II, §214(a), Oct. 16, 2008, 122 Stat. 4927.)
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (a), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008.
Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a)(4), (5)(A), and (c)(1)(B), is section 207 of Pub. L. 110–432, which is set out in a note under section 24101 of this title.
Section 217 of that Act, referred to in subsec. (c)(2), is section 217 of Pub. L. 110–432, which is set out as a note under section 24702 of this title.
Section 121 of the Amtrak Reform and Accountability Act of 1997, referred to in subsec. (c)(3), is section 121 of Pub. L. 105–134, which amended section 24312 of this title and enacted provisions set out as a note under section 24312 of this title.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 110–432, div. B, title II, §215, Oct. 16, 2008, 122 Stat. 4929, provided that:
“(a)
“(b)
“(1) a reasonable attempt was made to reassign an employee adversely affected under section 24711 of title 49, United States Code, or by the elimination of any route, to other positions within Amtrak in accordance with any contractual agreements;
“(2) the financial assistance results in a net reduction in the total number of employees equal to the number receiving financial incentives;
“(3) the financial assistance results in a net reduction in total employment expense equivalent to the total employment expenses associated with the employees receiving financial incentives; and
“(4) the total number of employees eligible for termination-related payments will not be increased without the express written consent of the Secretary.
“(c)
“(d)
“(e)
2008—Pub. L. 110–432, div. B, title II, §212(b)(1), title III, §306(b), Oct. 16, 2008, 122 Stat. 4924, 4953, amended item 24905 generally, substituting “Northeast Corridor Infrastructure and Operations Advisory Commission; Safety Committee” for “Coordination board and safety committee”, and added item 24910.
1997—Pub. L. 105–134, title IV, §405(a), Dec. 2, 1997, 111 Stat. 2586, struck out item 24903 “Program master plan for Boston-New York main line”.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 930.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24901(1) | (no source). | |
| 24901(2) | (no source). |
This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 33). Title VII of that Act is the source of the source provisions restated in this chapter. However, other titles of that Act are not being restated because they are outside the scope of the restatement. Therefore, 45:802 is not being restated in this restatement and only the relevant definitions are accounted for in this chapter.
The Regional Rail Reorganization Act of 1973, referred to in par. (1), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
(a)
(b)
(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.
(c)
(d)
(e)
(f)
(g)
(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.
(h)
(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.
(i)
(j)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 930; Pub. L. 104–205, title III, §334, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 105–134, title IV, §405(b)(1), Dec. 2, 1997, 111 Stat. 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24902(a) | 45:853(1)(A). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(A), 90 Stat. 121; Oct. 5, 1978, Pub. L. 95–421, §8(1), 92 Stat. 927; May 30, 1980, Pub. L. 96–254, §202(1), (2), 94 Stat. 410; Jan. 14, 1983, Pub. L. 97–468, §301(1), 96 Stat. 2547. |
| 45:853(1)(B) (1st sentence). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(B), 90 Stat. 121; Oct. 5, 1978, Pub. L. 95–421, §8(2), 92 Stat. 927. | |
| 45:853(2)(A). | Feb. 5, 1976, Pub. L. 94–210, §703(2)(A), 90 Stat. 122; Oct. 5, 1978, Pub. L. 95–421, §5(1), 92 Stat. 926. | |
| 45:853(2)(B). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(2)(B); added Oct. 5, 1978, Pub. L. 95–421, §5(2), 92 Stat. 927. | |
| 45:853(3)(A). | Feb. 5, 1976, Pub. L. 94–210, §703(3)(A), 90 Stat. 122; May 30, 1980, Pub. L. 96–254, §203(1), 94 Stat. 410. | |
| 45:853(4) (1st sentence). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(C), (4), 90 Stat. 121, 122. | |
| 45:853(6). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(6); added May 30, 1980, Pub. L. 96–254, §203(2), 94 Stat. 411. | |
| 45:855(b). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §705(b); added May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, §301(5)(B), 96 Stat. 2550. | |
| 24902(b) | 45:851(d)(1). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §701(d)(1); added May 30, 1980, Pub. L. 96–254, §205, 94 Stat. 412. |
| 24902(c)(1) | 45:853(1)(B) (last sentence). | |
| 45:855(b). | ||
| 24902(c)(2), (3) | 45:854(i). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(i); added May 30, 1980, Pub. L. 96–254, §204(b), 94 Stat. 411. |
| 45:855(b). | ||
| 24902(d) | 45:853(4) (last sentence). | |
| 24902(e) | 45:853(7). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(7); added May 30, 1980, Pub. L. 96–254, §209, 94 Stat. 414. |
| 24902(f) | 45:853(1)(C). | |
| 24902(g) | 45:431(k). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §202(k); added June 22, 1988, Pub. L. 100–342, §9, 102 Stat. 628. |
| 24902(h) | 45:853(1)(E). | Feb. 5, 1976, Pub. L. 94–210, §703(1)(E), 90 Stat. 121; May 30, 1980, Pub. L. 96–254, §202(3), 94 Stat. 410. |
| 45:855(b). | ||
| 24902(i) | 45:853(5). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(5); added Oct. 5, 1978, Pub. L. 95–421, §8(3), 92 Stat. 927. |
| 45:855(b). | ||
| 24902(j) | 45:853(3)(B). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §703(3)(B); added May 30, 1980, Pub. L. 96–254, §203(1), 94 Stat. 410. |
| 45:855(b). | ||
| 24902(k) | 45:854(c)(1). | Feb. 5, 1976, Pub. L. 94–210, §704(c)(1), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, §210(1), 94 Stat. 414. |
| 45:854(c)(2). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(c)(2); added May 30, 1980, Pub. L. 96–254, §210(2), 94 Stat. 414. | |
| 24902(l) | 45:545(h) (last sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §305(h) (last sentence); added Oct. 28, 1974, Pub. L. 93–496, §3, 88 Stat. 1527; Sept. 29, 1979, Pub. L. 96–73, §106, 93 Stat. 539. |
| 45:855(b). |
In this section, the word “program” is substituted for “project” for consistency in this chapter.
In subsection (a)(1)(A) and (B), the words “schedule” and “appropriate” are omitted as surplus.
In subsection (a)(2), the words “in order” and “rail” are omitted as surplus.
In subsection (a)(4)–(6), the words “the goals contained in” are omitted as surplus.
In subsection (a)(4), the text of 45:853(2)(B) is omitted as executed.
In subsection (a)(5), the words “to all users of rail freight service located” are omitted as surplus. The word “in” is substituted for “on” as being more appropriate. The words “all . . . which remain” are omitted as surplus.
In subsection (a)(6), the word “mobile” is added for consistency in this chapter. The word “on” is substituted for “aboard trains operated in” to eliminate unnecessary words. The word “passenger” after “rail” is added for consistency in this chapter. The word “Washington” is omitted as surplus.
In subsection (b), the words “each fiscal year” are substituted for “annual” for clarity. The text of 45:851(d)(1)(A) and (B) is omitted as obsolete.
In subsection (c)(1), the words “in his sole discretion” are omitted as surplus.
In subsection (c)(2)(B), the words “and in the amounts” are omitted as surplus.
In subsection (d), the words “department, agencies, and instrumentalities of the United States Government” are substituted for “relevant Federal agencies, including the Federal Communications Commission” for consistency in the revised title and with other titles of the United States Code. The words “shall assist Amtrak under subsection (a)(6) of this section” are substituted for “shall take such actions as are necessary to achieve this goal” for clarity. The words “including necessary licensing, construction, operation, and maintenance” are omitted as surplus.
In subsection (e), before clause (1), the words “of priority” are added for clarity. In clause (2), the words “Potential ridership should be considered” are omitted as surplus. In clause (5), the words “Reducing maintenance cost levels is desirable” are omitted as surplus. The words “before other improvements” are added for clarity.
In subsection (f), the words “accomplished in a manner which is”, “the accomplishment in the . . . of additional”, and “levels” are omitted as surplus.
In subsection (g), the words “after April 1, 1990” are omitted as executed. The words “betwen [sic] Washington, D.C., and Boston, Massachusetts” are omitted as surplus. The words “or between the main line and Atlantic City” are substituted for “on the feeder line referred to in section 854(a)(1)(B) of this title” for clarity. The text of 45:431(k)(2) is omitted as executed.
In subsection (h), the text of 45:853(1)(E) (1st–4th sentences) and the word “Thereafter” are omitted as executed. The words “carries out” are substituted for “achieves the service goals specified in” for consistency in this section.
In subsection (i), the words “rolling stock and related”, “designed to be”, “set forth”, and “specified” are omitted as surplus. The text of 45:853(5) (last sentence words after “such equipment”) is omitted as obsolete.
In subsection (j)(1), the words “Within 6 months after May 30, 1980, the Secretary shall develop plans” and the text of 45:853(3)(B)(v) are omitted as executed. The words “rail lines” are substituted for “lines” for clarity and consistency in this chapter. The words “Washington” and “on such terms and conditions as the parties may agree” are omitted as surplus.
In subsection (j)(2), the words “including the provision of service use of tracks and facilities as provided in such application” are omitted as surplus.
In subsection (j)(3), the words “other parties” are substituted for “involved rail freight carriers” to eliminate unnecessary words. The words “conditions and” are omitted as surplus.
In subsection (k)(1), before clause (A), the words “take all steps necessary to” are omitted as surplus. In clause (A), the words “all”, “implementation of”, and “under this subchapter” are omitted as surplus. Clause (B) is substituted for 45:854(c)(2) to eliminate surplus and obsolete words.
Section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (e) and (f), is section 703(1)(E) of Pub. L. 94–210, which was classified to section 853(1)(E) of Title 45, Railroads, and was repealed and reenacted as subsec. (h) of this section by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 932, 1379.
1997—Pub. L. 105–134 redesignated subsec. (b) as (a) and subsecs. (e) to (m) as (b) to (j), respectively, in subsec. (j) struck out “(m)” after “This subsection”, and struck out former subsecs. (a), (c), and (d) which related to Northeast Corridor improvement plan, cost sharing for nonoperational facilities, and passenger radio mobile telephone service, respectively.
1996—Subsec. (m). Pub. L. 104–205 added subsec. (m).
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
Pub. L. 110–432, div. B, title II, §211, Oct. 16, 2008, 122 Stat. 4920, provided that:
“(a)
“(b)
“(1) 60-
“(2) 15-
“(3)
“(c)
“(d)
“(e)
“(f)
Section, Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 933; Pub. L. 104–287, §5(48), Oct. 11, 1996, 110 Stat. 3393, related to program master plan for Boston-New York main line.
(a)
(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, by condemnation or otherwise, 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.); and
(7) appoint a general manager of the Northeast Corridor improvement program.
(b)
(c)
(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 commuter rail passenger and 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 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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 934; Pub. L. 103–429, §6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–134, title IV, §405(b)(2), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 110–432, div. B, title II, §212(b)(2), Oct. 16, 2008, 122 Stat. 4924.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24904(a) (words before (1)) | 45:851(a) (words before (1)). | Feb. 5, 1976, Pub. L. 94–210, §701(a)(1), (3)–(8), 90 Stat. 119. |
| 24904(a)(1) | 45:851(a)(1). | |
| 45:855(b). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §705(b); added May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, §301(5)(B), 96 Stat. 2550. | |
| 24904(a)(2) | 45:854(h). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(h); added May 30, 1980, Pub. L. 96–254, §204(b), 94 Stat. 411. |
| 45:855(b). | ||
| 24904(a)(3) | 45:851(a)(3) (less proviso). | |
| 24904(a)(4) | 45:851(a)(4). | |
| 24904(a)(5) | 45:851(a)(5). | |
| 24904(a)(6) | 45:562(a)(2) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §402(a)(2); added Feb. 5, 1976, Pub. L. 94–210, §706(a), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412; Apr. 7, 1986, Pub. L. 99–272, §4017(b)(2)–(5), 100 Stat. 111. |
| 45:851(a)(6) (words before 8th comma). | ||
| 24904(a)(7) | 45:851(a)(7). | |
| 24904(a)(8) | 45:851(a)(8). | |
| 24904(b) | 45:851(a)(3) (proviso). | |
| 24904(c)(1) | 45:851(a)(6) (words after 8th comma). | |
| 24904(c)(2) | 45:562(a)(2) (2d–5th sentences). | |
| 24904(c)(3) | 45:562(a)(2) (last sentence). |
In subsection (a), before clause (1), the words “the purposes of” are omitted as surplus. The words “this part” are substituted for “this subchapter, the Rail Passenger Service Act [45 U.S.C. 501 et seq.]” for clarity because subchapter III of chapter 17 of title 45, United States Code, and the Rail Passenger Service Act make up part C of subtitle V of the revised title. In clause (1), the words “by purchase, lease, exchange, gift, or otherwise, and to hold . . . sell, lease, or otherwise”, “real or personal”, and “which is necessary or” are omitted as surplus. The words “to provide” are substituted for “establishing and maintaining” for consistency in this chapter. In clause (2), the words “for the United States, by lease, purchase, condemnation, or otherwise” and “(including lands, easements, and rights-of-way, and any other property interests, including contract rights) are omitted as surplus. In clause (3), the words “the continuous operation and maintenance of” are omitted as surplus. In clause (4), the words “Washington” and “at its option” are omitted as surplus. In clause (5), the words “other safety facilities or equipment . . . any” and “which it determines are” are omitted as surplus. In clause (6), the words “Notwithstanding any other provision of this chapter”, “tracks, rights-of-way and other”, and “by the Corporation” in 45:562(a)(2) (1st sentence) and “other railroads” and “trackage rights, contract services, and other appropriate” in 45:851(a)(6) are omitted as surplus. In clause (7), the words “qualified individual to serve as the” are omitted as surplus. In clause (8), the words “on a basis which is consistent with, and” are omitted as surplus.
In subsection (c)(1), the words “shall provide for” are substituted for “to be on such terms and conditions as are necessary to” to eliminate unnecessary words. The word “reasonable” is substituted for “on an equitable and fair basis” for consistency in the revised title.
In subsection (c)(2), the words “If the parties do not” are substituted for “In the event of a failure to” for clarity. The words “to be provided”, “consistent with equitable and fair compensation principles”, “proper amount of”, “the provision of”, and “the date of” are omitted as surplus.
In subsection (c)(3), the words “either before or” are omitted as surplus because the National Railroad Passenger Corporation may make agreements on arrangements for rail freight or commuter rail transportation under subsection (a)(6) of this section and this subsection applies only when there is no agreement.
This amends 49:24904(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 934).
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (c)(2), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables.
2008—Subsec. (c)(2). Pub. L. 110–432 inserted “commuter rail passenger and” after “between” in first sentence and struck out “freight” after “rail” in second sentence.
1997—Subsec. (a)(6) to (8). Pub. L. 105–134 inserted “and” at end of par. (6), substituted a period for “; and” at end of par. (7), and struck out par. (8) which read as follows: “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).”
1994—Subsec. (a)(2). Pub. L. 103–429 inserted “, by condemnation or otherwise,” after “acquire”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of this title.
(a)
(1) Within 180 days after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast Corridor Infrastructure and Operations Advisory Commission (referred to in this section as the “Commission”) to promote mutual cooperation and planning pertaining to the rail operations and related activities of the Northeast Corridor. The Commission shall be made up of—
(A) members representing Amtrak;
(B) members representing the Department of Transportation, including the Federal Railroad Administration;
(C) 1 member from each of the States (including the District of Columbia) that constitute the Northeast Corridor as defined in section 24102, designated by, and serving at the pleasure of, the chief executive officer thereof; and
(D) non-voting representatives of freight railroad carriers using the Northeast Corridor selected by the Secretary.
(2) The Secretary shall ensure that the membership belonging to any of the groups enumerated under paragraph (1) shall not constitute a majority of the Commission's memberships.
(3) The Commission shall establish a schedule and location for convening meetings, but shall meet no less than four times per fiscal year, and the Commission shall develop rules and procedures to govern the Commission's proceedings.
(4) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(5) Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5.
(6) The Chairman of the Commission shall be elected by the members.
(7) The Commission may appoint and fix the pay of such personnel as it considers appropriate.
(8) Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section.
(9) Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section.
(10) The Commission shall consult with other entities as appropriate.
(b)
(1)
(2)
(A) short-term and long-term capital investment needs beyond those specified in the state-of-good-repair plan under section 211 of the Passenger Rail Investment and Improvement Act of 2008;
(B) future funding requirements for capital improvements and maintenance;
(C) operational improvements of intercity passenger rail, commuter rail, and freight rail services;
(D) opportunities for additional non-rail uses of the Northeast Corridor;
(E) scheduling and dispatching;
(F) safety and security enhancements;
(G) equipment design;
(H) marketing of rail services;
(I) future capacity requirements; and
(J) potential funding and financing mechanisms for projects of corridor-wide significance.
(c)
(1)
(A) develop a standardized formula for determining and allocating costs, revenues, and compensation for Northeast Corridor commuter rail passenger transportation, as defined in section 24102 of this title, on the Northeast Corridor main line between Boston, Massachusetts, and Washington, District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, that use Amtrak facilities or services or that provide such facilities or services to Amtrak that ensures that—
(i) there is no cross-subsidization of commuter rail passenger, intercity rail passenger, or freight rail transportation;
(ii) each service is assigned the costs incurred only for the benefit of that service, and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 service; and
(iii) all financial contributions made by an operator of a service that benefit an infrastructure owner other than the operator are considered, including but not limited to, any capital infrastructure investments and in-kind services;
(B) develop a proposed timetable for implementing the formula before the end of the 6th year following the date of enactment of that Act;
(C) transmit the proposed timetable to the Surface Transportation Board; and
(D) at the request of a Commission member, petition the Surface Transportation Board to appoint a mediator to assist the Commission members through non-binding mediation to reach an agreement under this section.
(2)
(3)
(d)
(1) the statement of goals developed under subsection (b) within 1 year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(2) the recommendations developed under subsection (b) and the formula and timetable developed under subsection (c)(1) annually.
(e)
(f)
(1)
(A) the Department of Transportation, including the Federal Railroad Administration;
(B) Amtrak;
(C) freight carriers operating more than 150,000 train miles a year on the main line of the Northeast Corridor;
(D) commuter rail agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary decides have a significant interest in rail safety or security.
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 935; Pub. L. 110–432, div. B, title II, §212(a), Oct. 16, 2008, 122 Stat. 4921.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24905(a)(1) | 45:585(c). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §505(c); added Jan. 14, 1983, Pub. L. 97–468, §508(2), 96 Stat. 2554. |
| 24905(a)(2) | 45:585(a). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §505(a), (b); added Aug. 13, 1981, Pub. L. 97–35, §1137, 95 Stat. 650; Jan. 14, 1983, Pub. L. 97–468, §508(1), 96 Stat. 2554. |
| 24905(a)(3) | 45:585(b). | |
| 24905(b) | 45:431 (note). | June 22, 1988, Pub. L. 100–342, §11, 102 Stat. 629; Sept. 3, 1992, Pub. L. 102–365, §18, 106 Stat. 982. |
In subsection (a)(2), before clause (A), the words “develop and” are omitted as surplus. In clause (B)(v), the word “rates” is substituted for “fares, tariffs” for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(3), the words “of opinions” and “(among or between the Corporation, Amtrak Commuter, other railroads, commuter authorities, and other State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight service), with respect to all matters” are omitted as surplus. The words “for facilities and transportation matters under” are substituted for “those conferred on the Commission in” for clarity.
In subsection (b)(1), the words “Within 30 days after the date of enactment of this Act . . . shall establish” are omitted as executed.
In subsection (b)(3), the words “each Congress” are substituted for “the 103rd Congress, and biennially thereafter” to eliminate unnecessary words. The words “pursuant to the provisions of this section” are omitted as unnecessary.
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (a)(1), (c)(1), and (d)(1), is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008.
Sections 203 and 211 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsecs. (b)(2)(A) and (c)(3), are set out as notes under sections 24101 and 24902, respectively, of this title.
2008—Pub. L. 110–432 amended section generally. Prior to amendment, section related to Northeast Corridor Coordination Board and Northeast Corridor Safety Committee.
(a)
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the Secretary considers appropriate to ensure safety.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 936.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24906(a) | 45:650(a), (b). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §811; added Oct. 27, 1992, Pub. L. 102–533, §2, 106 Stat. 3515. |
| 24906(b) | 45:650(c). |
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 936.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24907(a) | 45:854(e). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(e)–(g); added Oct. 19, 1976, Pub. L. 94–555, §217(c), 90 Stat. 2627. |
| 24907(b) | 45:854(f). | |
| 24907(c) | 45:854(g). |
In subsection (a), the words “In order . . . protect and”, “securing such expenditure”, “infringe upon or”, and “the authority conferred upon the National Railroad Passenger Corporation by” are omitted as surplus.
In subsections (b) and (c), the words “note” and “agreement” are substituted for “agreement, security, or obligation” for consistency because the Secretary of Transportation gets only notes and mortgage agreements under the source provisions restated in subsection (a) of this section.
In subsection (b), the words “obtained by the Secretary” and “the provisions of subtitle IV of title 49, the Securities Act of 1933 (15 U.S.C. 77a et seq.), and . . . other” are omitted as surplus. The words “has the same” are substituted for “shall enjoy all of the” for clarity. The words “conveyance or” are omitted, and the word “transfer” is substituted for “conveyances”, for consistency in this subtitle. The words “(including section 303(e) thereof [45 U.S.C. 743(e)])” are omitted as surplus. The words “section 303(b)” are substituted for “section 306(b)” to correct a mistake in section 217(c) of the Rail Transportation Improvement Act (Public Law 94–555, 90 Stat. 2628).
In subsection (c), the words “to any party for any damages, or in any other matter” are omitted as surplus. The word “because” is substituted for ‘by reason of the fact that” to eliminate unnecessary words. The words “related to the note or agreement” are substituted for “in connection with” for clarity. The words “all” and “(including fees of accountants, experts, and attorneys)” are omitted as surplus. The words “a civil action” are substituted for “any litigation” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “legal” and “given, issued, or entered into” are omitted as surplus.
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (b), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, as amended, which is classified principally to chapter 16 (§701 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables.
Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see section 719(b)(2) of Title 45, Railroads.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 937.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24908 | 45:743(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 [45 U.S.C. 851 et seq.] or of”). | Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, §303(e) (words “title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 or of”); added Feb. 5, 1976, Pub. L. 94–210, §601(d), 90 Stat. 84; Sept. 30, 1976, Pub. L. 94–436, §5 (related to title VII), 90 Stat. 1399. |
The words “or conveyances”, “(whether real, personal, or mixed)”, “which are made at any time”, “the purposes of”, “imposts”, “or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee”, “now or hereafter”, “to compensate . . . the cost of”, “such deeds, bills of sale, liens, encumbrances, or other”, and “the designations and applicable principles in” are omitted as surplus.
(a)
(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) 1 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) 1 of this title.
(b)
(c)
(d)
(e)
(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)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 937.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24909(a)(1) | 45:854(a) (1st sentence). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(a) (1st sentence); added Aug. 13, 1981, Pub. L. 97–35, §1193(1), 95 Stat. 701. |
| 45:854(a) (2d sentence cl. (1) (less availability)). | Feb. 5, 1976, Pub. L. 94–210, §704(a) (2d sentence), 90 Stat. 122; Oct. 19, 1976, Pub. L. 94–555, §217(a), (b), 90 Stat. 2627; Oct. 5, 1978, Pub. L. 95–421, §9, 92 Stat. 928; May 30, 1980, Pub. L. 96–254, §204(a), 94 Stat. 411; Jan. 14, 1983, Pub. L. 97–468, §301(2), 96 Stat. 2548; June 22, 1988, Pub. L. 100–342, §6, 102 Stat. 627. | |
| 45:855(b). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §705(b); added May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, §301(5)(B), 96 Stat. 2550. | |
| 24909(a) (2)(A) | 45:854(a) (2d sentence cl. (2) (less availability)). | |
| 45:855(b). | ||
| 24909(a) (2)(B)–(E) | 45:854(a) (2d sentence cls. (3)(A)–(D) (1st sentence), (4)) (as 2d sentence cls. (3)(A)–(D) (1st sentence), (4) relate to other than availability). | |
| 45:855(b). | ||
| 24909(b) | 45:854(d). | Feb. 5, 1976, Pub. L. 94–210, §704(d), 90 Stat. 123. |
| 45:855(b). | ||
| 24909(c) | 45:854(a) (2d sentence cl. (3)(D) (last sentence)). | |
| 24909(d) | 45:854(b)(1) (related to 854). | Feb. 5, 1976, Pub. L. 94–210, §704(b)(1) (related to §704), 90 Stat. 123; Jan. 14, 1983, Pub. L. 97–468, §301(4)(A), 96 Stat. 2549. |
| 24909(e) | 45:854(b)(2). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(b)(2); added Jan. 14, 1983, Pub. L. 97–468, §301(4)(B), 96 Stat. 2549. |
| 45:855(b). | ||
| 24909(f) | 45:854(a) (2d sentence cls. (1)–(3)(D) (1st sentence), (4)) (as 2d sentence cls. (1)–(3)(D) (1st sentence), (4) relate to availability). | |
| 24909(g) | 45:854(a) (3d sentence). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(a) (3d sentence); added Aug. 13, 1981, Pub. L. 97–35, §1193(2), 95 Stat. 702. |
| 45:854(a) (4th–last sentences). | Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, §704(a) (4th–last sentences); added Jan. 14, 1983, Pub. L. 97–468, §301(3), 96 Stat. 2549. |
In subsections (a) and (f), the text of 45:854(a) (2d sentence cl. (3)(A)) is omitted as executed.
In subsection (a)(1), before clause (A), the text of 45:854(a) (1st sentence) is omitted as surplus because of section 24902(a) of the revised title. In clause (B)(i), the words “if the National Railroad Passenger Corporation receives notification on or before June 1, 1983, from . . . that such State has approved” and “and if such Corporation determines that such plan is feasible” are omitted as executed. The words “rehabilitation and other . . . (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service)” are omitted as surplus. In clause (C), before subclause (i), the words “with respect to the main line of the Northeast Corridor” are omitted as surplus. In subclauses (i), (ii), (iv)–(viii), (xv), and (xvii), the word “Washington” is omitted as surplus. In subclause (xx), the words “at locations” are omitted as surplus.
In subsection (a)(2)(C), the words “passenger radio mobile telephone service on high-speed rail passenger transportation” are substituted for “high-speed rail passenger rail telephone service” for consistency in this chapter.
In subsection (a)(2)(D), the word “rail” is added for consistency in the revised title.
In subsection (b), the words “After the conveyance of rail properties, pursuant to section 303(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)) and section 851(b) of this title” are omitted as executed. The words “remain available to” and “the purpose of performing” are omitted as surplus.
In subsection (c), the words “that portion of . . . issued by the National Railroad Passenger Corporation and” are omitted as surplus.
In subsection (e)(1), the words “to be appropriated”, “undertaken or viewed as”, “entitled”, and “prepared for the United States Department of Transportation, Federal Railroad Administration, Northeast Corridor Improvement Project, in cooperation with the Federal Railroad Administration and the National Railroad Passenger Corporation (Amtrak), by Deleuw, Cather/Parsons, NECIP architect/engineer” are omitted as surplus. The words “for which amounts are authorized under” are substituted for “described in” for clarity. The words “for expenditure” are omitted as surplus.
In subsection (g), the text of 45:854(a) (3d, 5th, and last sentences) is omitted as executed. The words “An amount greater than that authorized for a fiscal year” are substituted for “Funds . . . in excess of limitations imposed under the preceding sentence with respect to a fiscal year, or for fiscal years after the fiscal year ending September 30, 1983” to eliminate unnecessary and obsolete words. The words “under this section” are omitted as surplus. The words “amount authorized” are substituted for “limitation under such sentence” for consistency.
Section 24902 of this title, referred to in subsecs. (a)(1), (2)(A), (E), was amended by Pub. L. 105–134, title IV, §405(b)(1), Dec. 2, 1997, 111 Stat. 2586, and, as so amended, subsec. (a) of that section was repealed and subsecs. (b), (j), and (m) were redesignated (a), (g), and (j), respectively.
Act of February 28, 1975 (Public Law 94–6, 89 Stat. 11), referred to in subsec. (b), provided appropriations for interim operating assistance for Federal Railroad Administration of Department of Transportation in chapter II which is not classified to the Code.
Section 602 of the Rail Passenger Service Act, referred to in subsec. (c), was classified to section 602 of Title 45, Railroads, prior to repeal by Pub. L. 102–533, §7(c), Oct. 27, 1992, 106 Stat. 3519.
1 See References in Text note below.
(a)
(1) address, among other matters, intercity rail passenger and freight rail services, including existing rail passenger and freight technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems;
(2) address ways to expand the transportation of international trade traffic by rail, enhance the efficiency of intermodal interchange at ports and other intermodal terminals, and increase capacity and availability of rail service for seasonal freight needs;
(3) consider research on the interconnectedness of commuter rail, passenger rail, freight rail, and other rail networks; and
(4) give consideration to regional concerns regarding rail passenger and freight transportation, including meeting research needs common to designated high-speed corridors, long-distance rail services, and regional intercity rail corridors, projects, and entities.
(b)
(1) to identify the unique aspects and attributes of rail passenger and freight service;
(2) to develop more accurate models for evaluating the impact of rail passenger and freight service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption;
(3) to develop a better understanding of modal choice as it affects rail passenger and freight transportation, including development of better models to predict utilization;
(4) to recommend priorities for technology demonstration and development;
(5) to meet additional priorities as determined by the advisory board established under subsection (c), including any recommendations made by the National Research Council;
(6) to explore improvements in management, financing, and institutional structures;
(7) to address rail capacity constraints that affect passenger and freight rail service through a wide variety of options, ranging from operating improvements to dedicated new infrastructure, taking into account the impact of such options on operations;
(8) to improve maintenance, operations, customer service, or other aspects of intercity rail passenger and freight service;
(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes;
(10) to review the impact of equipment and operational safety standards on the further development of high-speed passenger rail operations connected to or integrated with non-high-speed freight or passenger rail operations;
(11) to recommend any legislative or regulatory changes necessary to foster further development and implementation of high-speed passenger rail operations while ensuring the safety of such operations that are connected to or integrated with non-high-speed freight or passenger rail operations;
(12) to review rail crossing safety improvements, including improvements using new safety technology; and
(13) to review and develop technology designed to reduce train horn noise and its effect on communities, including broadband horn technology.
(c)
(1)
(2)
(A) representatives of State transportation agencies;
(B) transportation and environmental economists, scientists, and engineers; and
(C) representatives of Amtrak, the Alaska Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.
(d)
(e)
(Added Pub. L. 110–432, div. B, title III, §306(a), Oct. 16, 2008, 122 Stat. 4952.)
A prior part D, consisting of chapter 261, was redesignated part E of this subtitle by Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616.
A prior chapter 261, consisting of sections 26101 and 26102, was renumbered chapter 281 of this title by Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616.
2008—Pub. L. 110–432, div. B, title V, §501(c), (e), Oct. 16, 2008, 122 Stat. 4960, 4963, substituted “High-speed rail corridor planning” for “Corridor development” in item 26101 and added item 26106.
2005—Pub. L. 109–59, title IX, §9001(a)(2), Aug. 10, 2005, 119 Stat. 1919, substituted “development” for “planning” in item 26101.
(a)
(2) No less than 20 percent of the publicly financed costs associated with eligible activities shall come from State and local sources, which State and local sources may not include funds from any Federal program.
(b)
(A) environmental assessments;
(B) feasibility studies emphasizing commercial technology improvements or applications;
(C) economic analyses, including ridership, revenue, and operating expense forecasting;
(D) assessing the impact on rail employment of developing high-speed rail corridors;
(E) assessing community economic impacts;
(F) coordination with State and metropolitan area transportation planning and corridor planning with other States;
(G) operational planning;
(H) route selection analyses and purchase of rights-of-way for proposed high-speed rail service;
(I) preliminary engineering and design;
(J) identification of specific improvements to a corridor, including electrification, line straightening and other right-of-way improvements, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of passenger access, track, signal, station, and other capital work, and use of intermodal terminals;
(K) preparation of financing plans and prospectuses;
(L) creation of public/private partnerships; and
(M) the acquisition of locomotives, rolling stock, track, and signal equipment.
(2) No financial assistance shall be provided under this section for corridor planning with respect to the main line of the Northeast Corridor, between Washington, District of Columbia, and Boston, Massachusetts.
(c)
(1) the relationship of the corridor to the Secretary's national high-speed ground transportation policy;
(2) the extent to which the proposed planning focuses on systems which will achieve sustained speeds of 125 mph or greater;
(3) the integration of the corridor into metropolitan area and statewide transportation planning;
(4) the potential interconnection of the corridor with other parts of the Nation's transportation system, including the interconnection with other countries;
(5) the anticipated effect of the corridor on the congestion of other modes of transportation;
(6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.);
(7) the past and proposed financial commitments and other support of State and local governments and the private sector to the proposed high-speed rail program, including the acquisition of rolling stock;
(8) the estimated level of ridership;
(9) the estimated capital cost of corridor improvements, including the cost of closing, improving, or separating highway-rail grade crossings;
(10) rail transportation employment impacts;
(11) community economic impacts;
(12) the extent to which the projected revenues of the proposed high-speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses;
(13) whether a specific route has been selected, specific improvements identified, and capacity studies completed; and
(14) whether the corridor has been designated as a high-speed rail corridor by the Secretary.
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 109–59, title IX, §9001(a)(1), Aug. 10, 2005, 119 Stat. 1918; Pub. L. 110–432, div. B, title V, §501(a), Oct. 16, 2008, 122 Stat. 4959.)
The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
A prior section 26101 was renumbered section 28101 of this title.
2008—Pub. L. 110–432, §501(a)(1), substituted “High-speed rail corridor planning” for “Corridor development” in section catchline.
Subsec. (a). Pub. L. 110–432, §501(a)(2), substituted “Corridor Planning” for “Corridor Development” in heading.
Subsecs. (a)(1), (b). Pub. L. 110–432, §501(a)(3), substituted “corridor planning” for “corridor development” wherever appearing.
Subsec. (c)(2). Pub. L. 110–432, §501(a)(4), substituted “planning” for “development”.
2005—Pub. L. 109–59, §9001(a)(1)(A), substituted “development” for “planning” in section catchline.
Subsec. (a). Pub. L. 109–59, §9001(a)(1)(B), substituted “Development” for “Planning” in subsec. heading.
Subsec. (a)(1). Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning”.
Subsec. (b)(1). Pub. L. 109–59, §9001(a)(1)(D)(i), inserted “, or if it is an activity described in subparagraph (M)” after “high-speed rail improvements” in introductory provisions.
Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning” in two places in introductory provisions.
Subsec. (b)(1)(F). Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning”.
Subsec. (b)(1)(M). Pub. L. 109–59, §9001(a)(1)(D)(ii)–(iv), added subpar. (M).
Subsec. (b)(2). Pub. L. 109–59, §9001(a)(1)(C), substituted “corridor development” for “corridor planning”.
Subsec. (c)(2). Pub. L. 109–59, §9001(a)(1)(E), substituted “development” for “planning”.
Section 102 of title I of Pub. L. 103–440 provided that:
“(a)
“(1) high-speed rail offers safe and efficient transportation in certain densely traveled corridors linking major metropolitan areas in the United States;
“(2) high-speed rail may have environmental advantages over certain other forms of intercity transportation;
“(3) Amtrak's Metroliner service between Washington, District of Columbia, and New York, New York, the United States premier high-speed rail service, has shown that Americans will use high-speed rail when that transportation option is available;
“(4) new high-speed rail service should not receive Federal subsidies for operating and maintenance expenses;
“(5) State and local governments should take the prime responsibility for the development and implementation of high-speed rail service;
“(6) the private sector should participate in funding the development of high-speed rail systems;
“(7) in some intercity corridors, Federal planning assistance may be required to supplement the funding commitments of State and local governments and the private sector to ensure the adequate planning, including reasonable estimates of the costs and benefits, of high-speed rail systems;
“(8) improvement of existing technologies can facilitate the development of high-speed rail systems in the United States; and
“(9) Federal assistance is required for the improvement, adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States.
“(b)
(a)
(b)
(c)
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4617.)
A prior section 26102 was renumbered section 28102 of this title.
The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail services.
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4618.)
(a)
(1) $30,000,000 for carrying out section 26101; and
(2) $30,000,000 for carrying out section 26102,
for each of the fiscal years 2006 through 2013.
(b)
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, §7201(a), June 9, 1998, 112 Stat. 469; Pub. L. 109–59, title IX, §9001(b), Aug. 10, 2005, 119 Stat. 1919; Pub. L. 110–432, div. B, title V, §501(b), Oct. 16, 2008, 122 Stat. 4960.)
2008—Subsec. (a)(1). Pub. L. 110–432 substituted “$30,000,000” for “$70,000,000”.
2005—Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to authorization of appropriations for fiscal years 1995 through 2001 and availability of funds.
1998—Subsecs. (d) to (h). Pub. L. 105–178 added subsecs. (d) to (g) and redesignated former subsec. (d) as (h).
For purposes of this chapter—
(1) the term “financial assistance” includes grants, contracts,,1 cooperative agreements, and other transactions;
(2) the term “high-speed rail” means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is—
(A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and
(B) made available to members of the general public as passengers,
but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation;
(3) the term “publicly financed costs” means the costs funded after April 29, 1993, by Federal, State, and local governments;
(4) the term “Secretary” means the Secretary of Transportation;
(5) the term “State” means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and
(6) the term “United States private business” means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States.
(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, §7201(b), June 9, 1998, 112 Stat. 470; Pub. L. 109–59, title IX, §9001(c), Aug. 10, 2005, 119 Stat. 1919.)
2005—Par. (1). Pub. L. 109–59 substituted “, cooperative agreements, and other transactions” for “and cooperative agreements”.
1998—Par. (2). Pub. L. 105–178 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “the term ‘high-speed rail’ has the meaning given such term under section 511(n) of the Railroad Revitalization and Regulatory Reform Act of 1976;”.
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(c)
(d)
(e)
(1)
(A) establish criteria for selecting among projects that meet the criteria specified in paragraph (2);
(B) conduct a national solicitation for applications; and
(C) award grants on a competitive basis.
(2)
(A) require—
(i) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
(ii) that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities;
(iii) that the project be based on the results of preliminary engineering studies or other planning, including corridor planning activities funded under section 26101 of this title;
(iv) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
(v) that if an applicant has selected the proposed operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
(vi) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
(vii) that each project be compatible with, and operated in conformance with—
(I) plans developed pursuant to the requirements of section 135 of title 23; and
(II) the national rail plan (if it is available);
(B) select high-speed rail projects—
(i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project's—
(I) levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
(II) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
(ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by—
(I) the project's precommencement compliance with environmental protection requirements;
(II) the readiness of the project to be commenced;
(III) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
(IV) other relevant factors as determined by the Secretary;
(iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and
(C) give greater consideration to projects—
(i) that are anticipated to result in benefits to other modes of transportation and to the public at large, including, but not limited to, consideration of the project's—
(I) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
(II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations;
(III) use of positive train control technologies;
(IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
(V) anticipated positive economic and employment impacts;
(VI) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
(VII) falling under the description in section 5302(a)(1)(G) of this title as defined to support intercity passenger rail service; and
(ii) that incorporate equitable financial participation in the project's financing, including, but not limited to, consideration of—
(I) donated property interests or services;
(II) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; and
(III) financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
(3)
(4)
(f)
(g)
(h)
(1) $150,000,000 for fiscal year 2009;
(2) $300,000,000 for fiscal year 2010;
(3) $350,000,000 for fiscal year 2011;
(4) $350,000,000 for fiscal year 2012; and
(5) $350,000,000 for fiscal year 2013.
(Added Pub. L. 110–432, div. B, title V, §501(d), Oct. 16, 2008, 122 Stat. 4960.)
Section 211 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (e)(2)(A)(i), is section 211 of Pub. L. 110–432, which is set out as a note under section 24902 of this title.
Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to subsec. (e)(2)(B)(i)(I), is section 207 of Pub. L. 110–432, which is set out in a note under section 24101 of this title.
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (e)(4), is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
Section 22506 of this title, referred to in subsec. (e)(4), probably should be a reference to section 22706 of this title which requires the Secretary to prescribe procedures for submitting State rail plans for review. No section 22506 of this title has been enacted.
The date of enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
Pub. L. 110–432, div. B, title V, §502, Oct. 16, 2008, 122 Stat. 4963, provided that:
“(a)
“(1)
“(A) the Northeast Corridor;
“(B) the California Corridor;
“(C) the Empire Corridor;
“(D) the Pacific Northwest Corridor;
“(E) the South Central Corridor;
“(F) the Gulf Coast Corridor;
“(G) the Chicago Hub Network;
“(H) the Florida Corridor;
“(I) the Keystone Corridor;
“(J) the Northern New England Corridor; and
“(K) the Southeast Corridor.
“(2)
“(3)
“(4)
“(A) the names and qualifications of the persons submitting the proposal and the entities proposed to finance, design, construct, operate, and maintain the railroad, railroad equipment, and related facilities, stations, and infrastructure;
“(B) a detailed description of the proposed rail service, including possible routes, required infrastructure investments and improvements, equipment needs and type, train frequencies, peak and average operating speeds, and trip times;
“(C) a description of how the project would comply with Federal rail safety and security laws, orders, and regulations governing high-speed rail operations;
“(D) the locations of proposed stations, which maximize the usage of existing infrastructure to the extent possible, and the populations such stations are intended to serve;
“(E) the type of equipment to be used, including any technologies, to achieve trip time goals;
“(F) a description of any proposed legislation needed to facilitate all aspects of the project;
“(G) a financing plan identifying—
“(i) projected revenue, and sources thereof;
“(ii) the amount of any requested public contribution toward the project, and proposed sources;
“(iii) projected annual ridership projections for the first 10 years of operations;
“(iv) annual operations and capital costs;
“(v) the projected levels of capital investments required both initially and in subsequent years to maintain a state-of-good-repair necessary to provide the initially proposed level of service or higher levels of service;
“(vi) projected levels of private investment and sources thereof, including the identity of any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment; and
“(vii) projected funding for the full fair market compensation for any asset, property right or interest, or service acquired from, owned, or held by a private person or Federal entity that would be acquired, impaired, or diminished in value as a result of a project, except as otherwise agreed to by the private person or entity;
“(H) a description of how the project would contribute to the development of a national high-speed rail system and an intermodal plan describing how the system will facilitate convenient travel connections with other transportation services;
“(I) a description of how the project will ensure compliance with Federal laws governing the rights and status of employees associated with the route and service, including those specified in section 24405 of title 49, United States Code;
“(J) a description of how the design, construction, implementation, and operation of the project will accommodate and allow for future growth of existing and projected intercity, commuter, and freight rail service;
“(K) a description of how the project would comply with Federal and State environmental laws and regulations, of what the [sic] environmental impacts would result from the project, and how any adverse impacts would be mitigated; and
“(L) a description of the project's impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area.
“(b)
“(1) make a determination as to whether any such proposals—
“(A) contain the information required under subsection (a)(3) and (4);
“(B) are sufficiently credible to warrant further consideration;
“(C) are likely to result in a positive impact on the Nation's transportation system; and
“(D) are cost-effective and in the public interest; and
“(2) establish a commission under subsection (c) for each corridor with one or more proposals that the Secretary determines satisfies the requirements of paragraph (1), and forward to each commission such proposals for review and consideration.
“(c)
“(1)
“(A) the governors of the affected States, or their respective designees;
“(B) mayors of appropriate municipalities along the proposed corridor, or their respective designees;
“(C) a representative from each freight railroad carrier using the relevant corridor, if applicable;
“(D) a representative from each transit authority using the relevant corridor, if applicable;
“(E) representatives of nonprofit employee labor organizations representing affected railroad employees; and
“(D) [sic] the President of Amtrak or his or her designee.
“(2)
“(3)
“(4)
“(A)
“(B)
“(5)
“(d)
“(1)
“(A) a summary of each proposal received;
“(B) services to be provided under each proposal, including projected ridership, revenues, and costs;
“(C) proposed public and private contributions for each proposal;
“(D) the advantages offered by the proposal over existing intercity passenger rail services;
“(E) public operating subsidies or assets needed for the proposed project;
“(F) possible risks to the public associated with the proposal, including risks associated with project financing, implementation, completion, safety, and security;
“(G) a ranked list of the proposals recommended for further consideration under subsection (e) in accordance with each proposal's projected positive impact on the Nation's transportation system;
“(H) an identification of any proposed Federal legislation that would facilitate implementation of the projects and Federal legislation that would be required to implement the projects; and
“(I) any other recommendations by the commission concerning the proposed projects.
“(2)
“(3)
“(e)
“(1) Not later than 60 days after receiving the recommended proposals of the commissions established under subsection (b)(2), the Secretary shall—
“(A) review such proposals and select any proposal which provides substantial benefits to the public and the national transportation system, is cost-effective, offers significant advantages over existing services, and meets other relevant factors determined appropriate by the Secretary; and
“(B) issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing any proposal with respect to subsection (a)(1)(A) that is selected by the Secretary under subparagraph (A) of this paragraph, all the information regarding the proposal provided to the Secretary under subsection (d), and any other relevant information deemed appropriate.
“(2) Following the submission of the report under paragraph (1)(B), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing any proposal with respect to subparagraphs (B) through (K) of subsection (a)(1) that are selected by the Secretary under paragraph (1) of this subsection, all the information regarding the proposal provided to the Secretary under subsection (d), and any other relevant information deemed appropriate.
“(3) The report required under paragraph (2) shall not be submitted by the Secretary until the report submitted under paragraph (1) has been considered through a hearing by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the report submitted under paragraph (1)(B).
“(f)
“(g)
“(h)
“(1)
“(2)
“(3)
“(4)
1 See References in Text note below.
1994—Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616, redesignated part D of this subtitle as part E.
1997—Pub. L. 105–134, title I, §161(b), Dec. 2, 1997, 111 Stat. 2578, added item 28103.
1994—Pub. L. 103–440, title I, §103(a)(1), (b)(2), Nov. 2, 1994, 108 Stat. 4616, 4619, renumbered chapter 261 of this title as chapter 281 and items 26101 and 26102 as 28101 and 28102, respectively.
Pub. L. 106–570, title III, Dec. 27, 2000, 114 Stat. 3043, provided that:
“This title may be cited as the ‘Rails to Resources Act of 2000’.
“Congress finds that—
“(1) rail transportation is an essential component of the North American intermodal transportation system;
“(2) the development of economically strong and socially stable communities in the western United States and Canada was encouraged significantly by government policies promoting the development of integrated transcontinental, interstate and interprovincial rail systems in the States, territories and provinces of the two countries;
“(3) United States and Canadian federal support for the completion of new elements of the transcontinental, interstate and interprovincial rail systems was halted before rail connections were established to the State of Alaska and the Yukon Territory;
“(4) rail transportation in otherwise isolated areas facilitates controlled access and may reduce overall impact to environmentally sensitive areas;
“(5) the extension of the continental rail system through northern British Columbia and the Yukon Territory to the current terminus of the Alaska Railroad would significantly benefit the United States and Canadian visitor industries by facilitating the comfortable movement of passengers over long distances while minimizing effects on the surrounding areas; and
“(6) ongoing research and development efforts in the rail industry continue to increase the efficiency of rail transportation, ensure safety, and decrease the impact of rail service on the environment.
“The President is authorized and urged to enter into an agreement with the Government of Canada to establish an independent joint commission to study the feasibility and advisability of linking the rail system in Alaska to the nearest appropriate point on the North American continental rail system.
“(a)
“(1)
“(2)
“(A) the interests of the local communities (including the governments of the communities), aboriginal peoples, and businesses that would be affected by the connection of the rail system in Alaska to the North American continental rail system; and
“(B) a broad range of expertise in areas of knowledge that are relevant to the significant issues to be considered by the Commission, including economics, engineering, management of resources, social sciences, fish and game management, environmental sciences, and transportation.
“(b)
“(1) Two members from among persons who are qualified to represent the interests of communities and local governments of Alaska.
“(2) One member representing the State of Alaska, to be nominated by the Governor of Alaska.
“(3) One member from among persons who are qualified to represent the interests of Native Alaskans residing in the area of Alaska that would be affected by the extension of rail service.
“(4) Three members from among persons involved in commercial activities in Alaska who are qualified to represent commercial interests in Alaska, of which one shall be a representative of the Alaska Railroad Corporation.
“(5) One member representing United States Class I rail carriers and one member representing United States rail labor.
“(6) Three members with relevant expertise, at least one of whom shall be an engineer with expertise in subarctic transportation and at least one of whom shall have expertise on the environmental impact of such transportation.
“(c)
“(a)
“(b)
“(1)
“(2)
“(c)
“(1)
“(2)
“(d)
“(e)
“(f)
“(a)
“(1)
“(2)
“(A) Railroad engineering.
“(B) Land ownership.
“(C) Geology.
“(D) Proximity to mineral, timber, tourist, and other resources.
“(E) Market outlook.
“(F) Environmental considerations.
“(G) Social effects, including changes in the use or availability of natural resources.
“(H) Potential financing mechanisms.
“(3)
“(4)
“(b)
“(a)
“(b)
“(a)
“(1)
“(2)
“(3)
“(4)
“(b)
“In this title:
“(1)
“(2)
(a)
(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.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 939, §26101; renumbered §28101, Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 110–53, title XV, §1526(a), Aug. 3, 2007, 121 Stat. 452.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 26101 | 45:446. | Nov. 29, 1990, Pub. L. 101–647, §1704, 104 Stat. 4846. |
The words “to the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction” are placed before clause (1) rather than at the end of clause (4), as in the source provision, to reflect the probable intent of Congress.
2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1994—Pub. L. 103–440 renumbered section 26101 of this title as this section.
(a)
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 940, §26102; renumbered §28102, Pub. L. 103–440, title I, §103(a)(1), Nov. 2, 1994, 108 Stat. 4616.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 26102(a) | 45:649(a) (1st sentence). | Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, §810; added July 6, 1990, Pub. L. 101–322, §3, 104 Stat. 295. |
| 26102(b) | 45:649(a) (last sentence). | |
| 26102(c) | 45:649(b). |
In subsection (a), the words “Notwithstanding any other provision of law”, “whether for compensatory or”, and “occurring” are omitted as surplus.
In subsection (c), the words “an indemnification contract” are substituted for “coverage” for clarity.
1994—Pub. L. 103–440 renumbered section 26102 of this title as this section.
(a)
(2) The aggregate allowable awards to all rail passengers, against all defendants, for all claims, including claims for punitive damages, arising from a single accident or incident, shall not exceed $200,000,000.
(b)
(c)
(d)
(e)
(1) the term “claim” means a claim made—
(A) against Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; or
(B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State;
(2) the term “punitive damages” means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; and
(3) the term “rail carrier” includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.
(Added Pub. L. 105–134, title I, §161(a), Dec. 2, 1997, 111 Stat. 2577.)
The Federal Employers’ Liability Act, referred to in subsec. (d), is act Apr. 22, 1908, ch. 149, 35 Stat. 65, as amended, which is classified generally to chapter 2 (§51 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 51 of Title 45 and Tables.
(a)
(1) a State of the United States or the District of Columbia to any other State or the District of Columbia;
(2) one place in a territory or possession of the United States to another place in the same territory or possession;
(3) a place in the United States to an adjacent foreign country; or
(4) a place in the United States through a foreign country to any other place in the United States.
(b)
(1) does not apply to—
(A) an independently owned and operated railroad not exceeding one hundred miles in length;
(B) an electric street railroad; and
(C) an electric interurban railroad; but
(2) does apply to an independently owned and operated railroad less than one hundred miles in length—
(A) whose principal business is leasing or providing terminal or transfer facilities to other railroads; or
(B) engaged in transfers of freight between railroads or between railroads and industrial plants.
(Added Pub. L. 104–287, §5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 28301 | 45:65. | Sept. 3, 5, 1916, ch. 436, §1, 39 Stat. 721. |
| (uncodified). | Sept. 3, 5, 1916, ch. 436, §§2, 3, 39 Stat. 721. |
In subsection (a), the word “determining” is substituted for “reckoning” for clarity. The words “who are not or may hereafter be employed” are omitted as surplus. In clause (1), the words “or territory” are omitted because the existing territories of the United States are now connected to the United States by rail. In clause (2), the words “or possession of the United States” are added for consistency in the revised title and with other titles of the United States Code.
The text of sections 2 and 3 of the Act of September 3, 5, 1916 (ch. 436, 39 Stat. 721), is omitted to eliminate executed provisions.
A person violating section 28301 of this title shall be fined under title 18, imprisoned not more than one year, or both.
(Added Pub. L. 104–287, §5(56)(A), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 28302 | 45:66. | Sept. 3, 5, 1916, ch. 436, §4, 39 Stat. 722. |
The words “shall be guilty of a misdemeanor” are omitted, and the words “shall be fined under title 18” are substituted for “shall be fined not less than $100 and not more than $1,000”, for consistency with title 18. The words “upon conviction” are omitted as surplus.
1 So in original. Probably should be followed by a period.
In this chapter—
(1) the term “Board” means the Surface Transportation Board;
(2) the term “capital work” means maintenance, restoration, reconstruction, capacity enhancement, or rehabilitation work on trackage that would be treated, in accordance with generally accepted accounting principles, as a capital item rather than an expense;
(3) the term “commuter rail passenger transportation” has the meaning given that term in section 24102;
(4) the term “public transportation authority” means a local governmental authority (as defined in section 5302(a)(6)) established to provide, or make a contract providing for, commuter rail passenger transportation;
(5) the term “rail carrier” means a person, other than a governmental authority, providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105;
(6) the term “segregated fixed guideway facility” means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and
(7) the term “trackage” means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier.
(Added Pub. L. 110–432, div. B, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4955.)
If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to use trackage of, and have related services provided by, the rail carrier for purposes of commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.
(Added Pub. L. 110–432, div. B, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4955.)
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.
(Added Pub. L. 110–432, div. B, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4956.)
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
Nothing in this chapter shall be construed to limit a rail transportation provider's right under section 28103(b) to enter into contracts that allocate financial responsibility for claims.
(Added Pub. L. 110–432, div. B, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4956.)
Within 1 year after the date of enactment of this section, the Board shall issue such rules and regulations as may be necessary to carry out this chapter.
(Added Pub. L. 110–432, div. B, title IV, §401(a), Oct. 16, 2008, 122 Stat. 4956.)
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008.
1997—Pub. L. 105–102, §2(17), Nov. 20, 1997, 111 Stat. 2205, substituted “National Motor Vehicle Title Information System” for “National Automobile Title Information System” in item for chapter 305.
1 So in original. Probably should be “31100”.
2005—Pub. L. 109–59, title X, §10303(a), Aug. 10, 2005, 119 Stat. 1940, which directed amendment of the table of sections for chapter 301 by adding item 30128, without specifying the title to be amended, was executed to the table of sections for this chapter, to reflect the probable intent of Congress.
Pub. L. 109–59, title X, §10208(b), Aug. 10, 2005, 119 Stat. 1936, added item 30106.
2000—Pub. L. 106–414, §5(b)(2), Nov. 1, 2000, 114 Stat. 1804, added item 30170.
1998—Pub. L. 105–178, title VII, §7104(b), June 9, 1998, 112 Stat. 467, added item 30105.
1 So in original. Does not conform to section catchline.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 941.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30101 | 15:1381. | Sept. 9, 1966, Pub. L. 89–563, §1, 80 Stat. 718. |
The words “Congress hereby declares that”, “to persons”, and “Congress determines that” are omitted as surplus. The words “motor vehicle” before “equipment” are added for consistency. The words “and to expand the national driver register” are omitted because section 401 of the National Traffic and Motor Vehicle Safety Act of 1966 (Public Law 89–563, 80 Stat. 730), the only section in this law related to the national driver register, was superseded by the National Driver Register Act of 1982 (Public Law 97–364, 96 Stat. 1740).
Pub. L. 110–140, title I, §101, Dec. 19, 2007, 121 Stat. 1498, provided that: “This subtitle [subtitle A (§§101–113) of title I of Pub. L. 110–140, enacting section 32304A of this title, amending sections 32308, 32901 to 32904, 32905, 32906, 32908, and 32912 of this title, and enacting provisions set out as notes under sections 32902, 32904, and 32908 of this title] may be cited as the ‘Ten-in-Ten Fuel Economy Act’.”
Pub. L. 109–59, title IV, §4001, Aug. 10, 2005, 119 Stat. 1714, provided that: “This title [see Tables for classification] may be cited as the ‘Motor Carrier Safety Reauthorization Act of 2005’.”
Pub. L. 106–414, §1, Nov. 1, 2000, 114 Stat. 1800, provided that: “This Act [enacting section 30170 of this title, amending sections 30115, 30117, 30118, 30120, 30165, and 30166 of this title, and enacting provisions set out as notes under sections 30111, 30115, 30118, 30123, and 30127 of this title] may be cited as the ‘Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act’.”
Pub. L. 105–178, title VII, §7101, June 9, 1998, 112 Stat. 465, provided that: “This subtitle [subtitle A (§§7101–7107) of title VII of Pub. L. 105–178, enacting section 30105 of this title, amending sections 30104, 30114, 30120, 30123, 30127, 32102, 32304, and 32705 of this title, and enacting provisions set out as notes under this section and sections 30114 and 30127 of this title] may be cited as the ‘National Highway Traffic Safety Administration Reauthorization Act of 1998’.”
Pub. L. 104–152, §1, July 2, 1996, 110 Stat. 1384, provided that: “This Act [amending sections 30501 to 30505 and 33109 of this title and enacting provisions set out as a note under section 30502 of this title] may be cited as the ‘Anti-Car Theft Improvements Act of 1996’.”
Pub. L. 109–59, title X, §10302, Aug. 10, 2005, 119 Stat. 1940, provided that:
“(a)
“(b)
“(1) notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and
“(2) establish a new deadline.”
Pub. L. 109–59, title X, §§10304, 10305, Aug. 10, 2005, 119 Stat. 1940, 1941, provided that:
“(a)
“(b)
“(1) include an analysis of backover prevention technology;
“(2) identify, evaluate, and compare the available technologies for detecting people or objects behind a motor vehicle with a gross vehicle weight rating of not more than 10,000 pounds for their accuracy, effectiveness, cost, and feasibility for installation; and
“(3) provide an estimate of cost savings that would result from widespread use of backover prevention devices and technologies in motor vehicles with a gross vehicle weight rating of not more than 10,000 pounds, including savings attributable to the prevention of—
“(A) injuries and fatalities; and
“(B) damage to bumpers and other motor vehicle parts and damage to other objects.
“(a)
“(b)
Pub. L. 105–178, title VII, §7106(e), June 9, 1998, 112 Stat. 469, required the National Highway Traffic Safety Administration to conduct a study of the benefits to motor vehicle drivers of a regulation to require the installation in a motor vehicle of an interior device to release the trunk lid and to submit a report on the results of the study to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 18 months after June 9, 1998.
Pub. L. 102–240, title II, part B, Dec. 18, 1991, 105 Stat. 2081, as amended by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, provided that:
“This part may be cited as the ‘National Highway Traffic Safety Administration Authorization Act of 1991’.
“(a)
“(1) the term ‘bus’ means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons;
“(2) the term ‘multipurpose passenger vehicle’ means a motor vehicle with motive power (except a trailer), designed to carry 10 persons or fewer, which is constructed either on a truck chassis or with special features for occasional off-road operation;
“(3) the term ‘passenger car’ means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer), designed for carrying 10 persons or fewer;
“(4) the term ‘truck’ means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment; and
“(5) the term ‘Secretary’ means the Secretary of Transportation.
“(b)
“(1)
“(2)
“(A)
“(B)
“(i)
“(ii)
“(iii)
“(I)
“(II)
“(C)
“The Secretary shall address the following matters in accordance with section 2502:
“(1) Protection against unreasonable risk of rollovers of passenger cars, multipurpose passenger vehicles, and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.
“(2) Extension of passenger car side impact protection to multipurpose passenger vehicles and trucks with a gross vehicle weight rating of 8,500 pounds or less and an unloaded vehicle weight of 5,500 pounds or less.
“(3) Safety of child booster seats used in passenger cars and other appropriate motor vehicles.
“(4) Improved design for safety belts.
“(5) Improved head impact protection from interior components of passenger cars (i.e. roof rails, pillars, and front headers).
“The Secretary shall expend such portion of the funds authorized to be appropriated under the Motor Vehicle Information and Cost Savings Act ([formerly] 15 U.S.C. 1901 et seq.), for fiscal year 1993, as the Secretary deems necessary for the purpose of disseminating information to consumers regarding the manner in which passenger cars may be retrofitted with lap and shoulder rear seatbelts.
“Not later than December 31, 1993, the Secretary, in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 [formerly 15 U.S.C. 1381 et seq.], shall publish an advance notice of proposed rulemaking to consider the need for any additional brake performance standards for passenger cars, including antilock brake standards. The Secretary shall complete such rulemaking (in accordance with section 2502(b)(2)(B)(ii)) not later than 36 months from the date of initiation of such advance notice of proposed rulemaking. In order to facilitate and encourage innovation and early application of economical and effective antilock brake systems for all such vehicles, the Secretary shall, as part of the rulemaking, consider any such brake system adopted by a manufacturer.
“The Secretary, in the case of any head injury protection matters not subject to section 2503(5) for which the Secretary is on the date of enactment of this Act [Dec. 18, 1991] examining the need for rulemaking and is conducting research, shall provide a report to Congress by the end of fiscal year 1993 identifying those matters and their status. The report shall include a statement of any actions planned toward initiating such rulemaking no later than fiscal year 1994 or 1995 through use of either an advance notice of proposed rulemaking or a notice of proposed rulemaking and completing such rulemaking as soon as possible thereafter.”
Pub. L. 93–492, title I, §108, Oct. 27, 1974, 88 Stat. 1482, provided that:
“(a)
“(b)
Ex. Ord. No. 11357, June 6, 1967, 32 F.R. 8225, provided:
By virtue of the authority vested in me as President of the United States by Section 201 of the Highway Safety Act of 1966, as amended (80 Stat. 735, 943) [set out as a note under section 401 of Title 23, Highways], and by Section 3(f)(3) of the Department of Transportation Act (80 Stat. 932) [former 49 U.S.C. 1652(f)(3)], it is hereby ordered that the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718, 943) [formerly 15 U.S.C. 1381 et seq.], shall be carried out through the National Highway Safety Bureau and the Director thereof.
Lyndon B. Johnson.
(a)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 941.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30102(a)(1) | 15:1391(7). | Sept. 9, 1966, Pub. L. 89–563, §102(1)–(3), (5)–(9), (11), (12), 80 Stat. 718, 719. |
| 15:1391(10). | Sept. 9, 1966, Pub. L. 89–563, §102(10), 80 Stat. 718; restated Oct. 27, 1974, Pub. L. 93–492, §110(a), 88 Stat. 1484. | |
| 49 App.:1655(a)(6)(A). | Oct. 15, 1966, Pub. L. 89–670, §6(a)(6)(A), 80 Stat. 938. | |
| 30102(a)(2) | 15:1391(11). | |
| 30102(a)(3) | 15:1391(6). | |
| 30102(a)(4) | 15:1391(9). | |
| 30102(a)(5) | 15:1391(5). | |
| 30102(a)(6) | 15:1391(3). | |
| 30102(a)(7) | 15:1391(4). | Sept. 9, 1966, Pub. L. 89–563, §102(4), 80 Stat. 718; restated May 22, 1970, Pub. L. 91–265, §2, 84 Stat. 262. |
| 30102(a)(8) | 15:1391(1). | |
| 30102(a)(9) | 15:1391(2). | |
| 30102(a)(10) | 15:1391(8). | |
| 30102(a)(11) | 15:1391(12). | |
| 30102(b) | 15:1419. | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §159; added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1476. |
In subsection (a), the definitions apply to the entire chapter because of references in 15:1421–1431 applying 15:1391–1420 to 15:1421–1431. Before clause (1), the words “As used” are omitted as surplus. In clause (1), the text of 15:1391(10) and 49 App.:1655(a)(6)(A) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. The words “selling and distributing” are substituted for “who is engaged in the sale and distribution of” to eliminate unnecessary words. The word “purposes” is omitted as surplus. In clause (3), the words “selling and distributing” are substituted for “engaged in the sale and distribution of” to eliminate unnecessary words. In clause (5)(A), the words “manufacturing or assembling” are substituted for “engaged in the manufacturing or assembling of” to eliminate unnecessary words. In clause (7), the words “physician or other duly” and “drivers, passengers, and other” are omitted as surplus. In clause (8), the words “is also protected” and “to persons” are omitted as unnecessary. In clause (9), the words “which is practicable, which meets the need for motor vehicle safety and which provides objective criteria” are omitted as unnecessary because of 15:1392(a) which is restated in section 30111 of the revised title. In clauses (10) and (11), the words “the Northern Mariana Islands” are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (Public Law 94–241, 90 Stat. 268), and as proclaimed to be in effect by the President on January 9, 1978 (Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593). The words “the Canal Zone” are omitted because of the Panama Canal Treaty of 1977. In clause (10), the word “means” is substituted for “includes” as being more appropriate. The words “a State of the United States” are substituted for “each of the several States” for consistency. The words “the Commonwealth of” are omitted as surplus. In clause (11), the word “Federal” is omitted as surplus. The words “of the Commonwealth of Puerto Rico” are omitted as unnecessary because the district court of Puerto Rico is a district court of the United States under 28:119.
In subsection (b)(1), before clause (A), the words “The term” and “the term” are omitted as surplus. In clause (B), the words “of a motor vehicle or motor vehicle equipment” are added for clarity. In clause (E), the words “to be” are added for consistency. The words “marketed under such brand name” are omitted as surplus. In clause (F), the words “a motor vehicle safety standard prescribed under this chapter” are added for clarity and consistency. The word “noncompliance” is substituted for “failure to comply” for consistency in the chapter. In clause (G), the words “(rather than the manufacturer of such equipment)” are omitted as surplus. The words “deemed to be” are substituted for “considered” for consistency. In clause (H), the words “which have been” are omitted as surplus.
Subsection (b)(2) is substituted for “Except as otherwise provided in regulations of the Secretary” for clarity and because of the restatement.
Pub. L. 107–319, §2, Dec. 4, 2002, 116 Stat. 2776, provided that: “For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act [15 U.S.C. 2085(b)]) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code.”
(a)
(b)
(2) A State may enforce a standard that is identical to a standard prescribed under this chapter.
(c)
(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)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 943; Pub. L. 104–88, title III, §308(j), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30103(a) | 15:1392(g). | Sept. 9, 1966, Pub. L. 89–563, §§103(g), 105(a)(6), 116, 80 Stat. 720, 721, 727. |
| 30103(b) | 15:1392(d). | Sept. 9, 1966, Pub. L. 89–563, §103(d), 80 Stat. 719; Oct. 15, 1982, Pub. L. 97–331, §3, 96 Stat. 1619. |
| 30103(c) | 15:1405. | |
| 30103(d) | 15:1394(a)(6). | |
| 15:1410a(e). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§124(e), 160; added Oct. 27, 1974, Pub. L. 93–492, §§102(a), 106, 88 Stat. 1477, 1481. | |
| 15:1420. | ||
| 30103(e) | 15:1397(k). | Sept. 9, 1966, Pub. L. 89–563, §108(k), 80 Stat. 723; Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818. |
In subsection (a), the words “or the Transportation of Explosives Act, as amended (18 U.S.C. 831–835)” are omitted as obsolete because 18:831–835 have been repealed. The word “prescribe” is substituted for “adopt” for consistency. The words “or continue in effect” and “In prescribing safety regulations” are omitted as surplus. The word “prescribed” is substituted for “issued” for consistency. The words “to comply” and “Federal” are omitted as surplus. The words “in effect” are added for clarity.
In subsection (b)(1), the word “Federal” is omitted as surplus. The word “prescribe” is substituted for “either to establish, or to continue in effect” for consistency and to eliminate unnecessary words. The words “standard prescribed under this chapter” are substituted for “Federal standard” for clarity. The words “However, the United States . . . may prescribe” are substituted for “Nothing in this section shall be construed to prevent the Federal . . . from establishing” for consistency. The words “of a State” are substituted for “thereof” for clarity. The word “standard” is substituted for “safety requirement” for consistency. The words “performance requirement” are substituted for “standard of performance” to avoid using “standard” in 2 different ways.
Subsection (b)(2) is substituted for 15:1392(d) (2d sentence) for consistency and to eliminate unnecessary words.
In subsection (c), the words “be deemed to” and “of the United States” are omitted as surplus.
In subsection (d), the words “United States” are substituted for “Federal” in 15:1420 for consistency. The words “Consumer” in 15:1420, “not in lieu of” in 15:1410a(e) and 1420, and “not in substitution for” in 15:1394(a)(6) are omitted as surplus. The word “other” is added for clarity.
1995—Subsec. (a). Pub. L. 104–88 substituted “subchapter I of chapter 135” for “subchapter II of chapter 105” in two places.
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of this title.
There is authorized to be appropriated to the Secretary $98,313,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 944; Pub. L. 105–178, title VII, §7102(a), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, §1(a), July 28, 1999, 113 Stat. 206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30104 | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2501(a), 105 Stat. 2081. |
In this section, before clause (1), the words “to the Secretary of Transportation for the National Highway Traffic Safety Administration” are substituted for “For the National Highway Traffic Safety Administration” for clarity and consistency in the revised title and with other titles of the United States Code. The reference to fiscal year 1992 is omitted as obsolete.
1999—Pub. L. 106–39 substituted “$98,313,500” for “$81,200,000”.
1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “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.”
(a)
(b)
(Added and amended Pub. L. 105–178, title VII, §7104(a), (c), June 9, 1998, 112 Stat. 466; Pub. L. 105–206, title IX, §9012(a), July 22, 1998, 112 Stat. 864.)
1998—Subsec. (a). Pub. L. 105–178, §7104(c), as added by Pub. L. 105–206, inserted “for the National Highway Traffic Safety Administration” after “Secretary”.
Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
(a)
(1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and
(2) there is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner).
(b)
(1) imposing financial responsibility or insurance standards on the owner of a motor vehicle for the privilege of registering and operating a motor vehicle; or
(2) imposing liability on business entities engaged in the trade or business of renting or leasing motor vehicles for failure to meet the financial responsibility or liability insurance requirements under State law.
(c)
(d)
(1)
(2)
(A) a record or beneficial owner, holder of title, lessor, or lessee of a motor vehicle;
(B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or
(C) a lessor, lessee, or a bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof, under a lease, bailment, or otherwise.
(3)
(Added Pub. L. 109–59, title X, §10208(a), Aug. 10, 2005, 119 Stat. 1935.)
The date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
(a)
(b)
(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)
(d)
(e) 5-
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 944.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30111(a) | 15:1392(a), (b), (e) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §§102(13), 103(a)–(c), (e), (f), 107 (related to standards), 80 Stat. 719, 721. |
| 30111(b) | 15:1391(13). | |
| 15:1392(f). | ||
| 30111(c) | 15:1396 (related to standards). | |
| 30111(d) | 15:1392(c), (e) (last sentence). | |
| 30111(e) | 15:1392(j). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §103(j); added Dec. 18, 1991, Pub. L. 102–240, §2505, 105 Stat. 2084. |
In subsection (a), the words “shall prescribe” are substituted for “shall establish by order” in 15:1392(a) and “may by order” in 15:1392(e) (1st sentence) for consistency. The words “amend or revoke” in 15:1392(e) (1st sentence) and 1397(b)(1) (last sentence) are omitted because they are included in “prescribe”. The words “appropriate Federal” in 15:1392(a) and “Federal” in 15:1392(e) (1st sentence) are omitted as surplus. The words “established under this section” are omitted because of the restatement. The text of 15:1392(b) is omitted as surplus because 5:chs. 5, subch. II, and 7 apply unless otherwise stated.
In subsection (b)(1), the words “including the results of research, development, testing and evaluation activities conducted pursuant to this chapter” are omitted as surplus.
In subsection (b)(2), the words “agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635)” are substituted for 15:1391(13) and “the Vehicle Equipment Safety Commission” in 15:1392(f) because of the restatement. The citation in parenthesis is included only for information purposes.
In subsection (b)(4), the words “contribute to” are omitted as surplus.
In subsection (c), the words “departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies” are substituted for “other Federal departments and agencies, and State and other interested public and private agencies” for consistency. The words “planning and” are omitted as surplus.
In subsection (d), the words “The Secretary” are added for clarity. The words “effective date” are substituted for “the date . . . is to take effect” to eliminate unnecessary words. The words “under this chapter” are added for clarity. The words “However, the Secretary may prescribe a different effective date” are substituted for “unless the Secretary” for clarity. The word “different” is substituted for “earlier or later” to eliminate unnecessary words.
In subsection (e), the words “duties and powers” are substituted for “responsibilities”, and the word “change” is substituted for “adjust”, and for clarity and consistency in the revised title.
Act of August 20, 1958, referred to in subsec. (b)(2), is set out as a note under former section 313 of Title 23, Highways.
Pub. L. 111–373, Jan. 4, 2011, 124 Stat. 4086, provided that:
“This Act may be cited as the ‘Pedestrian Safety Enhancement Act of 2010’.
“As used in this Act—
“(1) the term ‘Secretary’ means the Secretary of Transportation;
“(2) the term ‘alert sound’ (herein referred to as the ‘sound’) means a vehicle-emitted sound to enable pedestrians to discern vehicle presence, direction, location, and operation;
“(3) the term ‘cross-over speed’ means the speed at which tire noise, wind resistance, or other factors eliminate the need for a separate alert sound as determined by the Secretary;
“(4) the term ‘motor vehicle’ has the meaning given such term in section 30102(a)(6) of title 49, United States Code, except that such term shall not include a trailer (as such term is defined in section 571.3 of title 49, Code of Federal Regulations);
“(5) the term ‘conventional motor vehicle’ means a motor vehicle powered by a gasoline, diesel, or alternative fueled internal combustion engine as its sole means of propulsion;
“(6) the term ‘manufacturer’ has the meaning given such term in section 30102(a)(5) of title 49, United States Code;
“(7) the term ‘dealer’ has the meaning given such term in section 30102(a)(1) of title 49, United States Code;
“(8) the term ‘defect’ has the meaning given such term in section 30102(a)(2) of title 49, United States Code;
“(9) the term ‘hybrid vehicle’ means a motor vehicle which has more than one means of propulsion; and
“(10) the term ‘electric vehicle’ means a motor vehicle with an electric motor as its sole means of propulsion.
“(a)
“(1) establishing performance requirements for an alert sound that allows blind and other pedestrians to reasonably detect a nearby electric or hybrid vehicle operating below the cross-over speed, if any; and
“(2) requiring new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection.
“The motor vehicle safety standard established under this subsection shall not require either driver or pedestrian activation of the alert sound and shall allow the pedestrian to reasonably detect a nearby electric or hybrid vehicle in critical operating scenarios including, but not limited to, constant speed, accelerating, or decelerating. The Secretary shall allow manufacturers to provide each vehicle with one or more sounds that comply with the motor vehicle safety standard at the time of manufacture. Further, the Secretary shall require manufacturers to provide, within reasonable manufacturing tolerances, the same sound or set of sounds for all vehicles of the same make and model and shall prohibit manufacturers from providing any mechanism for anyone other than the manufacturer or the dealer to disable, alter, replace, or modify the sound or set of sounds, except that the manufacturer or dealer may alter, replace, or modify the sound or set of sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard. The Secretary shall promulgate the required motor vehicle safety standard pursuant to this subsection not later than 36 months after the date of enactment of this Act.
“(b)
“(1) determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind and other pedestrians with the information needed to reasonably detect a nearby electric or hybrid vehicle operating at or below the cross-over speed, if any;
“(2) determine the performance requirements for an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and
“(3) consider the overall community noise impact.
“(c)
“(d)
“(1) consult with the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by the Agency;
“(2) consult consumer groups representing individuals who are blind;
“(3) consult with automobile manufacturers and professional organizations representing them;
“(4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regulations.
“(e)
“Notwithstanding any other provision of law, $2,000,000 of any amounts made available to the Secretary of Transportation under under [sic] section 406 of title 23, United States Code, shall be made available to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act.”
Pub. L. 110–189, Feb. 28, 2008, 122 Stat. 639, provided that:
“This Act may be cited as the ‘Cameron Gulbransen Kids Transportation Safety Act of 2007’ or the ‘K.T. Safety Act of 2007’.
“(a)
“(1)
“(2)
“(A) not later than 30 months after the date of enactment of this Act, transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons such standards were not prescribed; and
“(B) publish and otherwise make available to the public through the Internet and other means (such as the ‘Buying a Safer Car’ brochure) information regarding which vehicles are or are not equipped with power windows and panels that automatically reverse direction when an obstruction is detected.
“(b)
“(c)
“(1)
“(2)
“(A) which type or types of motor vehicles shall be phased-in first; and
“(B) the percentages by which such motor vehicles shall be phased-in.
“(d)
“(1)
“(2)
“(3)
“(A)
“(B)
“(e)
“(1) a motorcycle or trailer (as such terms are defined in section 571.3 of title 49, Code of Federal Regulations); or
“(2) any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight.
“(f)
“(1)
“(2)
“(A) the number, types, and causes of injuries and deaths resulting from the events described in paragraph (1);
“(B) the make, model, and model year of motor vehicles involved in such events, when practicable; and
“(C) other variables that the Secretary determines will enhance the value of the database.
“(3)
“(a)
“(1) supplementing an existing consumer information program relating to child safety; or
“(2) creating a new consumer information program relating to child safety.
“(b)
“(1) utilize information collected pursuant to section 2(f) regarding nontraffic, noncrash injuries, and other relevant data the Secretary considers appropriate, to establish priorities for the program;
“(2) address ways in which parents and caregivers can reduce risks to small children arising from back over incidents, hyperthermia in closed motor vehicles, accidental actuation of power windows, and any other risks the Secretary determines should be addressed; and
“(3) make information related to the program available to the public through the Internet and other means.
“If the Secretary determines that the deadlines applicable under this Act cannot be met, the Secretary shall—
“(1) establish new deadlines; and
“(2) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the new deadlines and describing the reasons the deadlines specified under this Act could not be met.”
Pub. L. 106–414, §15, Nov. 1, 2000, 114 Stat. 1808, provided that:
“(a)
“(b)
(a)
(2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school students to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph.
(b)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 945; Pub. L. 109–59, title X, §10309(b), Aug. 10, 2005, 119 Stat. 1942.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30112(a) | 15:1397(a)(1)(A). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(A), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1), 88 Stat. 1477; Oct. 31, 1988, Pub. L. 100–562, §2(c), (d), 102 Stat. 2824. |
| 15:1397(c)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(c)(1), (i); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818, 2823. | |
| 30112(b) (1)–(3) | 15:1397(a)(2)(D), (b)(1) (1st sentence), (2). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(2)(D), (b)(1) (1st sentence), (2), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1), 88 Stat. 1477, 1478. |
| 15:1397(b)(3). | Sept. 9, 1966, Pub. L. 89–563, §108(b)(3), 80 Stat. 723; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(B), 88 Stat. 1478; Oct. 31, 1988, Pub. L. 100–562, §2(a), 102 Stat. 2818. | |
| 30112(b) (4)–(8) | (no source). | |
| 30112(b)(9) | 15:1397(i). |
In subsection (a), the words “Except as provided in this section . . . and subchapter III of this chapter” are substituted for 15:1397(c)(1) to eliminate unnecessary words and because of the restatement. The reference to section 30113 is added for clarity.
In subsection (b), before clause (1), the text of 15:1397(a)(2)(D) is omitted as obsolete because under section 30124 of the revised title a standard prescribed under this chapter may not allow compliance by use of a safety belt interlock or a continuous buzzer. In clause (2)(A), the words “despite exercising reasonable care” are substituted for “in the exercise of due care” for clarity and consistency in the revised title. The words “motor vehicle safety standards prescribed under this chapter” are substituted for “Federal motor vehicle safety standards” for clarity and consistency in this chapter. In clause (2)(B), the words “without knowing about the noncompliance” are substituted for “unless such person knows that such vehicle or equipment does not so conform” to eliminate unnecessary words and for consistency in the revised title. Clauses (4)–(8) are added to provide cross–references to sections restating exceptions to the general rule restated in subsection (a) of this section.
The date of enactment of this paragraph, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
2005—Subsec. (a). Pub. L. 109–59, which directed amendment of section 30112(a), without specifying the title to be amended, by designating existing provisions as par. (1) and adding par. (2), was executed to this section, to reflect the probable intent of Congress.
(a)
(b)
(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 or chapter 325 of this title (as applicable); 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)
(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, or a bumper standard prescribed under chapter 325 of this title, 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)
(e)
(f)
(g)
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 945; Pub. L. 105–277, div. A, §101(g) [title III, §351(a)], Oct. 21, 1998, 112 Stat. 2681–439, 2681–475.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30113(a) | 15:1410(g). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §123; added Apr. 10, 1968, Pub. L. 90–283, 82 Stat. 72; restated Oct. 25, 1972, Pub. L. 92–548, §3, 86 Stat. 1159. |
| 30113(b) | 15:1410(a) (1st sentence), (c)(1) (23d–last words), (2) (23d–last words). | |
| 30113(c) | 15:1410(e). | |
| 30113(d) | 15:1410(d). | |
| 30113(e) | 15:1410(c)(1) (1st–22d words), (2) (1st–22d words). | |
| 30113(f) | 15:1410(f). | |
| 30113(g) | 15:1410(a) (last sentence). | |
| 30113(h) | 15:1410(b). |
In subsection (a), the words “the term” and “type of” are omitted as surplus. The words “when the vehicle is manufactured” are substituted for “at the time of manufacture” for consistency.
In subsection (b)(1), the words “Except as provided in subsection (d) of this section” are omitted as surplus. The words “to such extent” are omitted as being included in “on terms the Secretary considers appropriate”.
In subsection (b)(2), the words “The Secretary may begin a proceeding under this subsection . . . for an exemption or a renewal of an exemption” are added because of the restatement. The words “of the application” are added for clarity. The words “An application for an exemption or for a renewal of an exemption shall be filed” are added because of the restatement.
In subsection (b)(3)(A), the words “such temporary” and “the objectives of” are omitted as surplus.
In subsection (b)(3)(B)(i), the words “to a manufacturer that” are substituted for “such manufacturer . . . and that the manufacturer” to eliminate unnecessary words. The words “from which it requests to be exempted” are omitted as surplus.
In subsection (b)(3)(B)(ii), the words “from which an exemption is sought” are omitted as surplus.
In subsection (b)(3)(B)(iii), the words “lower the safety level” are substituted for “degrade the safety” for clarity.
In subsection (b)(3)(B)(iv), the word “requiring” is omitted as surplus.
In subsection (c), before clause (1), the words “the following information” are added for clarity. In clause (1), the word “describing” is substituted for “the basis of showing” to eliminate unnecessary words. The words “each motor vehicle safety standard prescribed under this chapter from which the manufacturer is requesting an exemption” are substituted for “the standards” for clarity. In clauses (2) and (3), the words “a record” are substituted for “documentation” for consistency in the revised title. In clause (2), the words “establishing that the safety level of the feature at least equals the safety level of the standard” are substituted for “establishing that the level of safety of the new safety feature is equivalent to or exceeds the level of safety established in the standard from which the exemption is sought” because of the restatement. In clause (3), the word “level” is added, and the words “lowered . . . by exemption from the standard” are substituted for “degraded”, for consistency in this section. In clause (4), the words “at least equal to” are substituted for “equivalent to or exceeding” for consistency.
In subsection (f), the text of 15:1410(f) (1st sentence) is omitted as executed. The words “under this section all” and “other information” are omitted as surplus. The words “to the application” are substituted for “thereto” for clarity. The words “business” and “for exemption” are omitted as surplus.
In subsection (g), the words “The Secretary” are added for clarity. The word “temporary” is omitted as surplus. The words “under this section” are added for clarity.
In subsection (h), the words “a . . . label to be fixed to a motor vehicle granted an exemption under this section” are substituted for “labeling of each exempted motor vehicle . . . and be affixed to such exempted vehicles” for clarity. The words “of such exempted motor vehicle in such manner as he deems” are omitted as surplus. The words “motor vehicle safety standard prescribed under this chapter” are substituted for “the standards” for clarity and consistency in this chapter.
1998—Subsec. (b)(1). Pub. L. 105–277, §101(g) [title III, §351(a)(1)(A)], inserted “or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title,” after “a motor vehicle safety standard prescribed under this chapter”.
Subsec. (b)(3)(A). Pub. L. 105–277, §101(g) [title III, §351(a)(1)(B)], inserted “or chapter 325 of this title (as applicable)” after “this chapter”.
Subsec. (c)(1). Pub. L. 105–277, §101(g) [title III, §351(a)(2)], inserted “, or a bumper standard prescribed under chapter 325 of this title,” after “motor vehicle safety standard prescribed under this chapter”.
Subsec. (d). Pub. L. 105–277, §101(g) [title III, §351(a)(3)], inserted “(including an exemption under subsection (b)(3)(B)(i) relating to a bumper standard referred to in subsection (b)(1))” after “subsection (b)(3)(B)(i) of this section”.
Subsec. (h). Pub. L. 105–277, §101(g) [title III, §351(a)(4)], inserted “or bumper standard prescribed under chapter 325 of this title” after “each motor vehicle safety standard prescribed under this chapter”.
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, competitive racing events, show, or display.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 947; Pub. L. 105–178, title VII, §7107(a), June 9, 1998, 112 Stat. 469.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30114 | 15:1397(j). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(j); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2824. |
The word “conditions” is omitted as being included in “terms”, and the word “studies” is omitted as being included in “research”. The word “solely” is omitted as unnecessary.
1998—Pub. L. 105–178 substituted “competitive racing events, show, or display” for “or competitive racing events”.
Pub. L. 105–178, title VII, §7107(b), June 9, 1998, 112 Stat. 469, provided that: “A person who is the owner of a motor vehicle located in the United States on the date of enactment of this Act [June 9, 1998] may seek an exemption under section 30114 of title 49, United States Code, as amended by subsection (a) of this section, for a period of 6 months after the date regulations of the Secretary of Transportation promulgated in response to such amendment take effect.”
(a)
(b)
(1) that it has complied with the specifications set forth in the compliance documentation provided by the incomplete motor vehicle manufacturer in accordance with regulations prescribed by the Secretary; or
(2) that it has elected to assume responsibility for compliance with that standard.
If the intermediate or final stage manufacturer elects to assume responsibility for compliance with the standard covered by the documentation provided by an incomplete motor vehicle manufacturer, the intermediate or final stage manufacturer shall notify the incomplete motor vehicle manufacturer in writing within a reasonable time of affixing the certification label. A violation of this subsection shall not be subject to a civil penalty under section 30165.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 947; Pub. L. 106–414, §9, Nov. 1, 2000, 114 Stat. 1805.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30115 | 15:1397(a)(1)(C), (E) (related to 15:1403). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(C), (E) (related to §114), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (2)(B), 88 Stat. 1477, 1478. |
| 15:1403. | Sept. 9, 1966, Pub. L. 89–563, §114, 80 Stat. 726. |
The words “fail to issue a certificate required by section 1403 of this title” in 15:1397(a)(1)(C) and the text of 15:1397(a)(1)(E) (related to 15:1403) are omitted as surplus. The word “certify” is substituted for “furnish . . . the certification” in 15:1403 to eliminate unnecessary words. The words “the time of” and “of such vehicle or equipment by such manufacturer or distributor” are omitted as surplus. The words “prescribed under this chapter” are added for clarity. The word “reasonable” is substituted for “due” in 15:1397(a)(1)(C) for consistency in the revised title. The words “to the effect that a motor vehicle or item of motor vehicle equipment conforms to all applicable Federal motor vehicle safety standards” are omitted because of the restatement. The words “shown by” are substituted for “in the form of” in 15:1403 for clarity.
2000—Pub. L. 106–414 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 106–414, §16, Nov. 1, 2000, 114 Stat. 1808, provided that: “One year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall report to the Congress on the implementation of the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 30101 of this title] and any recommendations for additional amendments for consumer safety.”
(a)
(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)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30116(a) | 15:1400(a) (less (2) (last 97 words)). | Sept. 9, 1966, Pub. L. 89–563, §111, 80 Stat. 724. |
| 30116(b) | 15:1400(a)(2) (last 97 words). | |
| 30116(c) | 15:1400(b), (c). |
In subsection (a)(1), the words “as the case may be”, “from such distributor or dealer”, “all . . . involved”, and “by the manufacturer or distributor” are omitted as surplus.
In subsection (a)(2), the words “manufacturer's or distributor's” are substituted for “his” for clarity. The words “or parts” are omitted because of 1:1. The words “the vehicle comply with the standards or correct the defect” are substituted for “conforming” for clarity.
In subsection (b), the words “the part or equipment referred to in subsection (a)(2) of this section” are added because of the restatement. The words “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” are substituted for “and for the installation involved the manufacturer shall reimburse such distributor or dealer . . . Provided, however, That the distributor or dealer proceeds with reasonable diligence with the installation after the required part, parts or equipment are received” to eliminate unnecessary words. The words “on or in such vehicle” are omitted as surplus. The words “notice of noncompliance or defect” are substituted for “notice of such nonconformance”, and the words “complies with applicable motor vehicle safety standards prescribed under this chapter or the defect is corrected” are substituted for “is brought into conformance with applicable Federal standards”, to eliminate unnecessary words and for consistency in the revised title.
In subsection (c), the words “the amount of reimbursement” are substituted for “such reasonable reimbursements” for clarity and because of the restatement. The words “by mutual agreement” are omitted as surplus. The words “If the parties do not agree” are substituted for “or failing such agreement”, and the words “by the court pursuant to the provisions of subsection (b) of this section” are omitted, because of the restatement. The words “the requirements of”, “then”, “as the case may be”, and “without respect to the amount in controversy” are omitted as surplus. The words “civil action” are substituted for “suit” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “against such manufacturer or distributor” are omitted as surplus. The word “judicial” is added for consistency. The words “to recover damages, court costs, and a reasonable attorney's fee” are substituted for “and shall recover the damage by him sustained, as well as all court costs plus reasonable attorneys’ fees”, and the words “must be brought” are substituted for “shall be forever barred unless commenced”, to eliminate unnecessary words. The word “claim” is substituted for “cause of action” for consistency.
(a)
(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)
(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.
(c)
(1)
(A) develop a dynamic test on rollovers by motor vehicles for the purposes of a consumer information program; and
(B) carry out a program of conducting such tests.
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 948; Pub. L. 106–414, §12, Nov. 1, 2000, 114 Stat. 1806.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30117(a) | 15:1397(a)(1)(B), (E) (as 1397(a)(1)(B), (E) relates to 15:1401(d)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(B) (related to §112(d)), (D) (related to §158(b)), (E) (related to §112(d)), 80 Stat. 722; Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (2), (3), 88 Stat. 1477, 1478. |
| 15:1401(d). | Sept. 9, 1966, Pub. L. 89–563, §112(d), 80 Stat. 725; May 22, 1970, Pub. L. 91–265, §3, 84 Stat. 262. | |
| 30117(b) | 15:1397(a)(1)(D) (related to 15:1418(b)). | |
| 15:1418(b)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §158(b)(1); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1476; Nov. 6, 1978, Pub. L. 95–599, §317, 92 Stat. 2752; Oct. 15, 1982, Pub. L. 97–331, §4(a)(1), 96 Stat. 1619. | |
| 15:1418(b)(2), (3). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §158(b)(2), (3); added Oct. 15, 1982, Pub. L. 97–331, §4(a)(2), 96 Stat. 1620. |
In this section, the text of 15:1397(a)(1)(B) (related to 15:1401(d)), (D) (related to 15:1418(b)), and (E) (related to 15:1401(d)) is omitted as surplus.
In subsection (a), before clause (1), the words “such performance data and other”, “as may be”, “the purposes of”, “performance and technical”, and “to carry out the purposes of this chapter” the 2d time they appear are omitted as surplus. In clause (1), the words “such manufacturer's” and “which may include, but is not limited to, printed matter (A) available for retention by such prospective purchaser and (B) sent by mail to such prospective purchaser upon his request” are omitted as surplus. The words “legal relationship” are substituted for “contractual, proprietary, or other legal relationship” to eliminate unnecessary words.
In subsection (b)(1), the word “cause to be maintained” is substituted for “cause the establishment and maintenance of” to eliminate unnecessary words. The words “prescribe by regulation” are substituted for “by rule, specify” for consistency and because “rule” and “regulation” are synonymous. The words “under this subsection” are added for clarity. The word “involved” is substituted for “for which they are prescribed” to eliminate unnecessary words. The words “the purpose of” and “except that . . . or not” are omitted as surplus. The words “from a distributor or dealer” are added for clarity.
In subsection (b)(3)(A), before clause (i), the words “At the end of the two-year period following the effective date of this paragraph” are omitted as expired. In clause (iii), the words “(or any combination of such groups)” are omitted as unnecessary.
In subsection (b)(3)(B), before clause (i), the words “may prescribe a requirement” are substituted for “may order by rule the imposition of requirements” for consistency and to eliminate unnecessary words.
The date of the enactment of this subsection, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 106–414, which was approved Nov. 1, 2000.
2000—Subsec. (c). Pub. L. 106–414 added subsec. (c).
Pub. L. 109–59, title X, §10309(a), Aug. 10, 2005, 119 Stat. 1942, provided that:
“(1)
“(2) 15
(a)
(b)
(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)
(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)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 950; Pub. L. 106–346, §101(a) [title III, §364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37; Pub. L. 106–414, §2, Nov. 1, 2000, 114 Stat. 1800.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30118(a) | 15:1397(a)(1)(D) (related to 15:1412(a) (1st–3d sentences)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §§151, 152, 153(c) (1st sentence cl. (6)), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1412(a) (1st–3d sentences). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§151, 152, 156 (related to notice), 157 (related to notice); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1470, 1475. | |
| 30118(b) | 15:1397(a)(1)(D) (related to 15:1412(a) (last sentence), (b)). | |
| 15:1412(a) (last sentence), (b). | ||
| 30118(c) | 15:1397(a)(1)(D) (related to 15:1411, 1413(c) (1st sentence cl. (6))). | |
| 15:1411. | ||
| 15:1413(c) (1st sentence cl. (6)). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §153(c) (1st sentence cl. (6)); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1472; Oct. 15, 1982, Pub. L. 97–331, §4(b)(2), 96 Stat. 1620. | |
| 30118(d) | 15:1397(a)(1)(D) (related to 15:1417). | |
| 15:1417 (related to notice). | ||
| 30118(e) | 15:1397(a)(1)(D) (related to 15:1416). | |
| 15:1416 (related to notice). |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1411, 1412, 1413(c) (1st sentence cl. (6)), and 1417) is omitted as surplus.
In subsection (a), the words “making an initial decision” are substituted for “determines” to distinguish the decision from the decision made under subsection (b) of this section. The words “of such determination”, “to the manufacturer”, and “of the Secretary” are omitted as surplus. The words “under this subsection” are added for clarity.
In subsection (b)(1), the words “may make a final decision” are substituted for “determines”, and the words “prescribed under this chapter” are added, for clarity and consistency in this chapter.
In subsection (b)(2), before clause (A), the words “If the Secretary decides under paragraph (1) of this subsection that the vehicle or equipment contains a defect or does not comply” are added for clarity and because of the restatement. The words “after such presentations by the manufacturer and interested persons” are omitted as surplus. In clause (A), the words “of the defect or noncompliance” are added for clarity.
In subsection (c), before clause (1), the words “A manufacturer of a motor vehicle or replacement equipment” are substituted for “manufactured by him” in 15:1411 for clarity. The words “shall notify” are substituted for “he shall furnish notification to” to eliminate unnecessary words. The words “to the Secretary, if section 1411 of this title applies” in 15:1413(c) (1st sentence cl. (6)) are omitted because of the restatement. The words “of the vehicle or equipment” are added for clarity. The words “and he shall remedy the defect or failure to comply in accordance with section 1414 of this title” in 15:1411 are omitted as unnecessary because of the source provisions restated in section 30120 of the revised title.
In subsection (d), the words “any requirement under”, “to give notice with respect to”, and “as it relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement.
In subsection (e), the words “(including a manufacturer)” are omitted as surplus. The word “information” is substituted for “data” for consistency in the revised title.
2000—Pub. L. 106–346, §101(a) [title III, §364], which directed amendment of this section in subsecs. (a), (b)(1), and (c), by inserting “, original equipment,” before “or replacement equipment” wherever appearing, and in subsec. (c), by redesignating pars. (1) and (2) as subpars. (A) and (B), respectively, and realigning margins, by substituting “(1)
Pub. L. 106–414, §2, Nov. 1, 2000, 114 Stat. 1800, provided that: “The amendments made to section 30118 of title 49, United States Code, by section 364 of the Department of Transportation and Related Agencies Appropriations Act, 2001 [Pub. L. 106–346, §101(a) [title III, §364], Oct. 23, 2000, 114 Stat. 1356, 1356A–37] are repealed and such section shall be effective as if such amending section had not been enacted.”
(a)
(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)
(c)
(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)
(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)
(f)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 951.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30119(a) | 15:1397(a)(1)(D) (related to 15:1413(a)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §§153(a)–(c) (1st sentence cls. (1)–(5), last sentence), 154(b)(2) (2d, last sentences)), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1413(a). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§153(a), (b), 154(b)(2) (2d, last sentences); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1471, 1473. | |
| 30119(b) | 15:1397(a)(1)(D) (related to 15:1414(b)(2) (2d, last sentences)). | |
| 15:1414(b)(2) (2d, last sentences). | ||
| 30119(c) | 15:1397(a)(1)(D) (related to 15:1413(b)). | |
| 15:1413(b). | ||
| 30119(d) | 15:1397(a)(1)(D) (related to 15:1413(c) (1st sentence cls. (1)–(5), last sentence). | |
| 15:1413(c) (1st sentence cls. (1)–(5), last sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §153(c) (1st sentence cls. (1)–(5), last sentence); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1471, 1472; Oct. 15, 1982, Pub. L. 97–331, §4(b), 96 Stat. 1620. | |
| 30119(e) | 15:1413(d). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §153(d), (e); added Dec. 18, 1991, Pub. L. 102–240, §2504(a), 105 Stat. 2083. |
| 30119(f) | 15:1413(e). |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1413(a)–(c) (1st sentence cls. (1)–(5), last sentence), 1414(b)(2) (2d, last sentences), and 1416) is omitted as surplus.
In subsection (a), before clause (1), the words “a motor vehicle or item of replacement equipment” are omitted as surplus. The words “by a manufacturer” are added for clarity. In clause (3), the words “a statement of” are omitted as surplus. In clause (4), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. In clause (5), the words “(specified in accordance with the second and third sentences of section 1414(b)(2) of this title)” are omitted as surplus. In clause (6), the words “a description of” are omitted as surplus. The words “under section 30120 of this title” are added for consistency with the source provisions restated in this subsection. In clause (7), the words “in addition to such . . . as” are omitted as surplus.
In subsection (b), the words “in a notification under subsection (a)(5) of this section or section 30121(c) of this title” are substituted for “In either case” because of the restatement. The words “may disapprove” are substituted for “shall be subject to disapproval by” to eliminate unnecessary words.
In subsection (c)(1), the words “Secretary's” and “that there is a defect or failure to comply” are omitted as surplus. The word “final” is added for clarity.
In subsection (c)(2), the words “decides that a safety-related defect or noncompliance exists” are substituted for “makes a determination with respect to a defect or failure to comply” for clarity.
In subsection (d), the text of 15:1413(c) (1st sentence words before cl. (1)) is incorporated into each paragraph as appropriate.
In subsection (d)(1)(A), the words “who is” and “of such vehicle” are omitted as surplus.
In subsection (d)(1)(B), the words “if a registered owner is not notified” are substituted for “unless the registered owner (if any) of such vehicle was notified” for clarity. The words “most recent purchaser” are substituted for “first purchaser (or if a more recent purchaser is” for clarity and to eliminate unnecessary words. The words “of each such vehicle containing such defect or failure to comply” are omitted as surplus.
In subsection (d)(3), the words “(or, if the manufacturer prefers, by certified mail)” are substituted for 15:1413(c) (last sentence) to eliminate unnecessary words.
In subsection (d)(4), the words “or dealers” are omitted because of 1:1. The words “of such manufacturer” are omitted as surplus.
In subsection (e), the word “replacement” is added for clarity and consistency with the source provisions being restated in subsection (d) of this section.
(a)
(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)
(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)
(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.
(3) If the Secretary determines that a manufacturer's remedy program is not likely to be capable of completion within a reasonable time, the Secretary may require the manufacturer to accelerate the remedy program if the Secretary finds—
(A) that there is a risk of serious injury or death if the remedy program is not accelerated; and
(B) that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both.
The Secretary may prescribe regulations to carry out this paragraph.
(d)
(e)
(f)
(g)
(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)
(i)
(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.
(j)
(1) the defect or noncompliance is remedied as required by this section before delivery under the sale or lease; or
(2) notification of the defect or noncompliance is required under section 30118(b) but enforcement of the order is set aside in a civil action to which section 30121(d) applies.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 952; Pub. L. 105–178, title VII, §7106(a), June 9, 1998, 112 Stat. 467; Pub. L. 106–414, §§4, 6–8, Nov. 1, 2000, 114 Stat. 1803–1805.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30120(a) | 15:1397(a)(1)(D) (related to 15:1414(a)(1) (1st sentence), (2)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §§154(a), (b)(1), (2) (1st sentence), (c), 156, 157), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1414(a)(1) (1st sentence), (2). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §§154(a), (b)(1), (2) (1st sentence), (c), 156 (related to remedy), 157 (related to remedy); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1472, 1474, 1475. | |
| 30120(b) | 15:1397(a)(1)(D) (related to 15:1414(a)(5)). | |
| 15:1414(a)(5). | ||
| 30120(c) | 15:1397(a)(1)(D) (related to 15:1414(b)(1), (2) (1st sentence)). | |
| 15:1414(b)(1), (2) (1st sentence). | ||
| 30120(d) | 15:1397(a)(1)(D) (related to 15:1414(c)). | |
| 15:1414(c). | ||
| 30120(e) | 15:1397(a)(1)(D) (related to 15:1416). | |
| 15:1416 (related to remedy). | ||
| 30120(f) | 15:1397(a)(1)(D) (related to 15:1414(a)(3)). | |
| 15:1414(a)(3). | ||
| 30120(g)(1) | 15:1397(a)(1)(D) (related to 15:1414(a)(4)). | |
| 15:1414(a)(4). | ||
| 30120(g)(2) | 15:1397(a)(1)(D) (related to 15:1414(a)(1) (last sentence)). | |
| 15:1414(a)(1) (last sentence). | ||
| 30120(h) | 15:1397(a)(1)(D) (related to 15:1417). | |
| 15:1417 (related to remedy). | ||
| 30120(i) | 15:1414(d). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §154(d); added Dec. 18, 1991, Pub. L. 102–240, §2504(b), 105 Stat. 2083. |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1414(a), (b)(1), (2) (1st sentence), and (c), and 1416) is omitted as surplus.
In subsection (a)(1), before clause (A), the words “Subject to subsections (f) and (g) of this section” are added for clarity. The words “with an applicable Federal motor vehicle safety standard . . . which relates to motor vehicle safety” and “pursuant to such notification” are omitted as surplus. The words “shall remedy” are substituted for “shall cause such defect or failure to comply in such motor vehicle or such item of replacement equipment to be remedied” to eliminate unnecessary words. The words “the defect or noncompliance” are added for clarity. In clauses (A) and (B), the words “without charge” are omitted as unnecessary because of the words “without charge” in this subsection before this clause (A). In clause (A), the words “presented for remedy pursuant to such notification” and “of such motor vehicle in full” are omitted as surplus.
Subsection (a)(2) is substituted for 15:1414(a)(2)(A) (last sentence) for clarity.
In subsection (b)(1), before clause (A), the words “shall remedy a defective or noncomplying tire if” are substituted for “shall not be obligated to remedy such tire if such tire is not” to eliminate unnecessary words and for consistency. The words “pursuant to notification” are omitted as surplus. In clause (B), the words “decides to replace the tire” are substituted for “elects replacement” for clarity.
Subsection (b)(2) is substituted for 15:1414(a)(5)(B) to eliminate unnecessary words.
In subsection (c)(1), the words before clause (A) are substituted for “Whenever a manufacturer has elected under subsection (a) of this section to cause the repair of a defect in a motor vehicle or item of replacement equipment or of a failure of such vehicle or item of replacement equipment to comply with a motor vehicle safety standard, and he has failed to cause such defect or failure to comply to be adequately repaired within a reasonable time, then (A) he shall” to eliminate unnecessary words. In clause (A), the word “replace” is substituted for “cause . . . to be replaced” for consistency. In clause (B), the word “refund” is substituted for “shall cause . . . to be refunded” for consistency. The words “in full” and “and if the manufacturer so elects)” are omitted as surplus.
In subsection (c)(2), the word “presentation” is substituted for “tender” for clarity. The words “for repair” are omitted as surplus. The last sentence is substituted for 15:1414(b)(2) (1st sentence) because of the restatement.
In subsection (e), the words “(including a manufacturer)” are omitted as surplus. The word “information” is substituted for “data” for consistency in the revised title.
In subsection (f), the word “fair” is substituted for “fair and equitable” to eliminate unnecessary words. The words “for such remedy” are omitted as surplus. The words “providing a” are substituted for “who effects” for consistency.
In subsection (g)(2), the words “In the case of notification required by an order” are omitted as unnecessary. The word “civil” is added because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (h), the words “any requirement under”, “or to remedy”, and “as it relates” are omitted as surplus. The words “The Secretary may take action under this subsection only” are added because of the restatement.
2000—Subsec. (c)(3). Pub. L. 106–414, §6(a), added par. (3).
Subsec. (d). Pub. L. 106–414, §7, inserted at end “In the case of a remedy program involving the replacement of tires, the manufacturer shall include a plan addressing how to prevent, to the extent reasonably within the control of the manufacturer, replaced tires from being resold for installation on a motor vehicle, and how to limit, to the extent reasonably within the control of the manufacturer, the disposal of replaced tires in landfills, particularly through shredding, crumbling, recycling, recovery, and other alternative beneficial non-vehicular uses. The manufacturer shall include information about the implementation of such plan with each quarterly report to the Secretary regarding the progress of any notification or remedy campaigns.”
Pub. L. 106–414, §6(b), inserted at end “A manufacturer's remedy program shall include a plan for reimbursing an owner or purchaser who incurred the cost of the remedy within a reasonable time in advance of the manufacturer's notification under subsection (b) or (c) of section 30118. The Secretary may prescribe regulations establishing what constitutes a reasonable time for purposes of the preceding sentence and other reasonable conditions for the reimbursement plan.”
Subsec. (g)(1). Pub. L. 106–414, §4, substituted “10 calendar years” for “8 calendar years” and “5 calendar years” for “3 calendar years”.
Subsec. (j). Pub. L. 106–414, §8, added subsec. (j).
1998—Subsec. (i)(1). Pub. L. 105–178 inserted “(including retailers of motor vehicle equipment)” after “provided to a dealer” in introductory provisions.
(a)
(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)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 954.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30121(a) | 15:1397(a)(1)(D) (related to 15:1415(b)). | Sept. 9, 1966, Pub. L. 89–563, §108(a)(1)(D) (related to §155), 80 Stat. 722; restated Oct. 27, 1974, Pub. L. 93–492, §103(a)(1)(A), (3), 88 Stat. 1477, 1478. |
| 15:1415(b). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §155(b)–(d); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1474. | |
| 30121(b) | 15:1397(a)(1)(D) (related to 15:1415(c)). | |
| 15:1415(c). | ||
| 30121(c) | 15:1397(a)(1)(D) (related to 15:1415(d)). | |
| 15:1415(d). | ||
| 30121(d) | 15:1397(a)(1)(D) (related to 15:1415(a)). | |
| 15:1415(a). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §155(a); added Oct. 27, 1974, Pub. L. 93–492, §102(a), 88 Stat. 1474; Nov. 8, 1984, Pub. L. 98–620, §402(17), 98 Stat. 3358. |
In this section, the text of 15:1397(a)(1)(D) (related to 15:1415) is omitted as surplus.
In subsection (a)(1), before clause (A), the words “and to which subsection (a) of this section applies” are omitted because of the restatement. In clause (A), the words “prescribed under this chapter” are substituted for “Federal”, and the words “civil action” are substituted for “proceeding”, for consistency. In clause (B), the words “that there is such a defect or failure” are omitted as surplus. In clause (D), the word “considers” is substituted for “which in the judgment of . . . are” to eliminate unnecessary words. In clause (E), the word “remedy” is substituted for “cause . . . to be remedied” to eliminate unnecessary words. The words “civil action” are substituted for “court proceeding” for consistency.
In subsection (b)(1), the words “with respect to such failure to notify” are omitted as surplus. The word “enjoins” is substituted for “restrains” for consistency. The words “of such an order” and “for which the effectiveness of” are omitted as surplus.
In subsection (b)(2), the words “by an order”, “or not”, and “(to which subsection (a) of the section applies)” are omitted as surplus.
In subsection (c), before clause (1), the words “a civil action referred to in subsection (a) of this section” are substituted for “(i) a manufacturer fails within the period specified in section 1413(b) of this title to comply with an order under section 1412(b) of this title to afford notification to owners and purchasers, (ii) a civil action to which subsection (a) of this section applies is commenced with respect to such order, and (iii) . . . in such action” to eliminate unnecessary words. In clause (1), the word “action” is substituted for “proceeding” for consistency. The words “containing” and “by an order” are omitted as surplus. In clause (2), the words “under section 30119(b) of this title” are substituted for “(in accordance with the second and third sentences of section 1414(b) of this title)” for clarity. The words “under section 30120 of this title” are added for clarity. In clause (3), the words “which are . . . by such owner or purchaser”, “the purpose of”, and “to which the order relates” are omitted as surplus.
In subsection (d), the words “Notwithstanding section 30163(c) of this title” are added for clarity. The words “An action under section 1399(a) of this title to restrain a violation of an order . . . or under section 1398 of this title to collect a civil penalty with respect to a violation of such an order” and “to which the order applies” are omitted as surplus. The words “may transfer the action” are substituted for “orders a change of venue” for consistency with 28:1404. The words “(including enforcement actions)” are omitted as surplus. The words “that court shall issue the consolidation order” are substituted for “by order of such other court” for clarity.
(a)
(b)
(c)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 956.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30122(a) | 15:1397(a)(2)(A) (last sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(a)(2)(A)– (C); added Oct. 27, 1974, Pub. L. 93–492, §103(a) (1)(A), 88 Stat. 1477. |
| 30122(b) | 15:1397(a)(2)(A) (1st sentence). | |
| 30122(c) | 15:1397(a)(2)(B). | |
| 30122(d) | 15:1397(a)(2)(C). |
In subsections (a) and (c), the words “the term” are omitted as surplus.
In subsection (a), the words “in the business of” are omitted as surplus.
In subsection (b), the words “an applicable motor vehicle safety standard prescribed under this chapter” are substituted for “an applicable Federal motor vehicle safety standard” for consistency. The words “of design” the 2d time they appear and “rendered” are omitted as surplus.
In subsection (c)(1), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise.
In subsection (d), the words “with respect . . . the rendering inoperative of” are omitted as surplus.
(a)
(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.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 956; Pub. L. 105–178, title VII, §7106(b), June 9, 1998, 112 Stat. 467.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30123(a) | 15:1421 (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, §§201–203, 204(c), 205, 80 Stat. 728, 729. |
| 30123(b) | 15:1421 (2d sentence). | |
| 30123(c) | 15:1421 (last sentence). | |
| 30123(d) | 15:1424(a). | Sept. 9, 1966, Pub. L. 89–563, §204(a), 80 Stat. 729; restated Oct. 27, 1974, Pub. L. 93–492, §110(c), 88 Stat. 1484. |
| 15:1424(c). | ||
| 30123(e) | 15:1423. | |
| 15:1425. | ||
| 30123(f) | 15:1422. |
In subsections (a) and (d)(2), the words “section 30101 of this title” are substituted for “the purposes of this chapter” as being more precise.
In subsection (a), the words “to a motor vehicle safety standard prescribed under this chapter” are substituted for “In all standards for . . . established under subchapter I of this chapter . . . thereto” for consistency and because of the restatement.
In subsection (b)(1)(A) and (B), the word “suitable” is omitted as surplus.
In subsection (b)(1)(C), the words “for a tire containing” are substituted for “unless the tire contains . . . in which case it shall also contain” to eliminate unnecessary words. The word “allowing” is substituted for “which would permit” for consistency.
In subsection (b)(3), the word “actual” is omitted as surplus.
In subsection (b)(5)(A), the word “statement” is substituted for “recital” for clarity. The words “complies with” are substituted for “conforms to”, the words “prescribed under this chapter” are substituted for “Federal”, and the word “or” is substituted for “except that in lieu of such recital”, for consistency.
In subsection (b)(5)(B), the word “appropriate” is omitted as surplus.
In subsection (d)(2), the words “by order” are omitted as surplus. The words “a regrooved tire or a motor vehicle equipped with regrooved tires” are substituted for “any tire or motor vehicle equipped with any tire which has been regrooved” for consistency. The words “A person may not . . . unless authorized by the Secretary” are substituted for “No person shall” for clarity and consistency in the revised title. The word “introduce” is substituted for “introduction” after “or” to correct a mistake.
In subsection (e), the words “The Secretary shall prescribe through standards” are substituted for “within two years after September 9, 1966, the Secretary shall, through standards established under subchapter I of this chapter, prescribe by order, and publish in the Federal Register” in 15:1423 to eliminate unnecessary and executed words. The text of 15:1423 (2d sentence) is omitted as executed. The last sentence is substituted for 15:1425 to eliminate unnecessary words.
In subsection (f), the words “In standards established under subchapter I of this chapter” and “fully” are omitted as surplus. The words “The vehicle shall be equipped” are added for clarity.
1998—Pub. L. 105–178 redesignated subsecs. (d) to (f) as (a) to (c), respectively, and struck out former subsecs. (a) to (c), which related to labeling requirements, contents of label, and additional information that may be required, respectively.
Pub. L. 106–414, §11, Nov. 1, 2000, 114 Stat. 1806, provided that:
“(a)
“(b)
Pub. L. 106–414, §13, Nov. 1, 2000, 114 Stat. 1806, provided that: “Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall complete a rulemaking for a regulation to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under inflated. Such requirement shall become effective not later than 2 years after the date of the completion of such rulemaking.”
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 957.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30124 | 15:1410b. | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §125; added Oct. 27, 1974, Pub. L. 93–492, §109, 88 Stat. 1482. |
The text of 15:1410b(a) and (c)–(e) is omitted as obsolete. The text of 15:1410b(b)(2) and (3) and (f)(2) and (3) is omitted as unnecessary because of the restatement. The words “After the effective date of the amendment prescribed under subsection (a) of this section” are omitted as executed. The words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
(a)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 957.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30125(a) | 15:1391(14), (15). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §102(14), (15); added Oct. 27, 1974, Pub. L. 93–492, §201, 88 Stat. 1484. |
| 30125(b) | 15:1392(i)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §103(i)(1), (2); added Oct. 27, 1974, Pub. L. 93–492, §202, 88 Stat. 1484; July 8, 1976, Pub. L. 94–346, §2, 90 Stat. 815. |
| 30125(c) | 15:1392(i)(2). | |
| 15:1397(a)(1)(F). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(a)(1)(F); added Oct. 27, 1974, Pub. L. 93–492, §203, 88 Stat. 1485. |
In subsection (a)(1), the words “the purpose of” are omitted as surplus.
In subsection (a)(2), the words “any similar part or component” are omitted as surplus.
In subsection (b), before clause (1), the text of 15:1392(i)(1)(A) (1st sentence) and (B) (words before 2d comma) is omitted as executed. The word “prescribe” is substituted for “promulgate”, and the word “Federal” is omitted, for consistency. The words “Such proposed standards” and “those aspects of performance set out in clauses (i) through (viii) of subparagraph (A) of this paragraph” are omitted because of the restatement. The word “requirements” is substituted for “standards” to avoid using “standards” in 2 different ways. The text of 15:1392(i)(1)(B) (last 6 words) is omitted as executed.
In subsection (c), the text of 15:1397(a)(1)(F) is omitted as unnecessary because of the restatement.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 958.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30126 | 15:1397(b)(1) (2d–last sentences). | Sept. 9, 1966, Pub. L. 89–563, §108(b)(1) (2d–last sentences), 80 Stat. 722. |
The words “In order” are omitted as surplus. The words “United States Government” are substituted for “Congress” for clarity and consistency in the revised title. The words “Therefore, the Secretary of Transportation shall prescribe uniform motor vehicle safety standards applicable to all used motor vehicles” are substituted for 15:1397(b)(1) (4th sentence) to eliminate unnecessary and executed words. The text of 15:1397(b)(1) (last sentence) is omitted as unnecessary because of 5:ch. 5, subch. II. The text of 15:1397(b)(1) (3d sentence) is omitted as executed.
(a)
(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)
(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)
(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)
(e)
(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)
(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)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 958; Pub. L. 105–178, title VII, §7106(c), June 9, 1998, 112 Stat. 467.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30127(a) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2502(a), 105 Stat. 2081. |
| 30127(b) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(1) (1st sentence), (b), 105 Stat. 2084, 2085. |
| 30127(c) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(2), 105 Stat. 2085. |
| 30127(d) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(3), 105 Stat. 2085. |
| 30127(e) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(c), 105 Stat. 2086. |
| 30127(f) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(a)(1) (last sentence), (d), 105 Stat. 2085, 2086. |
| 30127(g) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(e), 105 Stat. 2086. |
| 30127(h) | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2508(f), 105 Stat. 2087. |
In subsection (a), the definitions are derived from section 2502(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2081) and are restated because those definitions apply to the source provisions being restated in this section.
In subsection (b)(1), before clause (A), the words “Notwithstanding any other provision of law or rule” and “(to the extent such Act is not in conflict with the provisions of this section)” are omitted as unnecessary because of the restatement. The words “The amendment shall require” are substituted for “The amendment promulgated under subsection (a) shall establish the following schedule” for clarity. The words “manufactured on or after the dates specified in the applicable schedule established by subsection (b)”, “The amendment shall take effect”, and “Subject to the provisions of subsection (c)” are omitted as unnecessary because of the restatement. The words “for both of the front outboard seating positions for each” are substituted for “for the front outboard designated seating positions of each” for clarity. In clause (B), the word “new” is omitted as unnecessary because of the restatement. The word “only” is substituted for “exclusively” for consistency in the revised title.
In subsection (b)(2), the words “after August 31, 1998” are substituted for “on and after such date” for clarity.
In subsection (c), before clause (1), the words “In amending Standard 208, the Secretary of Transportation shall require” are substituted for “The amendment to such Standard 208 shall also require” for clarity and to eliminate unnecessary words.
In subsection (e)(3), the words “Only an affected manufacturer may apply for an exemption” are added for clarity. The words “consolidate similar applications from different manufacturers” are substituted for “consolidate applications of a similar nature of 1 or more manufacturers” for clarity.
In subsection (f)(1), before clause (A), the words “by the Secretary or any other person, including any court” are omitted as surplus. In clause (A), the word “affecting” is substituted for “altering or affecting” to eliminate an unnecessary word.
In subsection (f)(2), the words “by any person or court” are omitted as unnecessary. The word “affect” is substituted for “affect, change, or modify” to eliminate unnecessary words.
In subsection (g)(1), before clause (A), the words “and every 6 months after that date through” are substituted for “biannually . . . and continuing to” for clarity. The word “actual” is omitted as unnecessary. The word “expressed” is substituted for “defined” for clarity.
In subsection (g)(2)(C), the words “other Government and State employees” are substituted for “Federal and State employees other than law enforcement officers” for clarity and because of the restatement.
In subsection (h)(2), the words “for both front outboard seating positions” are substituted for “for both the driver and front seat outboard seating positions” for clarity and consistency in this section.
The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (b)(1), is Pub. L. 89–563, Sept. 9, 1966, 80 Stat. 718, as amended, which was classified generally to chapter 38 (§1381 et seq.) of Title 15, Commerce and Trade, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this chapter.
1998—Subsec. (g)(1). Pub. L. 105–178 substituted “annually” for “every 6 months” in introductory provisions.
Pub. L. 107–318, Dec. 4, 2002, 116 Stat. 2772, provided that:
“This Act may be cited as ‘Anton's Law’.
“Congress finds the following:
“(1) It is the policy of the Department of Transportation that all child occupants of motor vehicles, regardless of seating position, be appropriately restrained in order to reduce the incidence of injuries and fatalities resulting from motor vehicle crashes on the streets, roads, and highways.
“(2) Research has shown that very few children between the ages of 4 to 8 years old are in the appropriate restraint for their age when riding in passenger motor vehicles.
“(3) Children who have outgrown their child safety seats should ride in a belt-positioning booster seat until an adult seat belt fits properly.
“(4) Children who were properly restrained when riding in passenger motor vehicles suffered less severe injuries from accidents than children not properly restrained.
“(a)
“(b)
“(1) consider whether to include injury performance criteria for child restraints, including booster seats and other products for use in passenger motor vehicles for the restraint of children weighing more than 50 pounds, under the requirements established in the rulemaking proceeding;
“(2) consider whether to establish performance requirements for seat belt fit when used with booster seats and other belt guidance devices;
“(3) consider whether to address situations where children weighing more than 50 pounds only have access to seating positions with lap belts, such as allowing tethered child restraints for such children; and
“(4) review the definition of the term ‘booster seat’ in Federal motor vehicle safety standard No. 213 under section 571.213 of title 49, Code of Federal Regulations, to determine if it is sufficiently comprehensive.
“(c)
“(a)
“(b)
“(a)
“(1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less, except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, the Secretary may exclude the designated seating position from the requirement; and
“(2) apply that requirement to passenger motor vehicles in phases in accordance with subsection (b).
“(b)
“(a)
“(1) the safety of the child restraint and correctness of fit for the child;
“(2) the availability of testing data on the system and vehicle in which the child restraint will be used;
“(3) the compatibility of the child restraint with different makes and models;
“(4) the cost-effectiveness of mass production of the child restraint for consumers;
“(5) the ease of use and relative availability of the child restraint to children riding in motor vehicles; and
“(6) the benefits of built-in seats for improving compliance with State child occupant restraint laws.
“(b)
“As used in this Act, the following definitions apply:
“(1)
“(2)
“(3)
“(a)
“(1) the evaluation required by section 6 of this Act; and
“(2) research of the nature and causes of injury to children involved in motor vehicle crashes.
“(b)
Pub. L. 106–414, §14, Nov. 1, 2000, 114 Stat. 1806, provided that:
“(a)
“(b)
“(1) whether to require more comprehensive tests for child restraints than the current Federal motor vehicle safety standards requires, including the use of dynamic tests that—
“(A) replicate an array of crash conditions, such as side-impact crashes and rear-impact crashes; and
“(B) reflect the designs of passenger motor vehicles as of the date of the enactment of this Act [Nov. 1, 2000];
“(2) whether to require the use of anthropomorphic test devices that—
“(A) represent a greater range of sizes of children including the need to require the use of an anthropomorphic test device that is representative of a ten-year-old child; and
“(B) are Hybrid III anthropomorphic test devices;
“(3) whether to require improved protection from head injuries in side-impact and rear-impact crashes;
“(4) how to provide consumer information on the physical compatibility of child restraints and vehicle seats on a model-by-model basis;
“(5) whether to prescribe clearer and simpler labels and instructions required to be placed on child restraints;
“(6) whether to amend Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213) to cover restraints for children weighing up to 80 pounds;
“(7) whether to establish booster seat performance and structural integrity requirements to be dynamically tested in 3-point lap and shoulder belts;
“(8) whether to apply scaled injury criteria performance levels, including neck injury, developed for Federal Motor Vehicle Safety Standard No. 208 to child restraints and booster seats covered by in Federal Motor Vehicle Safety Standard No. 213; and
“(9) whether to include child restraint in each vehicle crash tested under the New Car Assessment Program.
“(c)
“(d)
“(e)
“(f)
“(g)
“(h)
“(i)
Pub. L. 105–178, title VII, §7103, June 9, 1998, 112 Stat. 465, provided that:
“(a)
“(1)
“(2)
“(3)
“(4)
“(5)
“(A) so certified in advance of the phase-in period; or
“(B) in excess of the percentage requirements during the phase-in period.
“(b)
(a)
(b)
(c)
(1)
(2)
(d)
(e)
(1) notify the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce and explain why that deadline cannot be met; and
(2) establish a new deadline.
(Added Pub. L. 109–59, title X, §10301(a), Aug. 10, 2005, 119 Stat. 1939.)
The date of enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005.
Section 10301(a) of Pub. L. 109–59, which directed that this section be added at the end of subchapter II of chapter 301, without specifying the title to be amended, was executed by adding this section at the end of subchapter II of this chapter, to reflect the probable intent of Congress.
(a)
(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)
(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)
(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 any of sections 30112, 30115, 30117–30122, 30125(c), 30127, or 30166 of this title or regulations prescribed under this subchapter or any of 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)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 960; Pub. L. 103–429, §6(23), Oct. 31, 1994, 108 Stat. 4380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30141(a) | 15:1397(c)(3)(A), (C)(i). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(c)(2), (3)(A)–(D); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2818. |
| 30141(b) | 15:1397(c)(3)(C) (ii)–(iv). | |
| 30141(c) | 15:1397(c)(3)(D). | |
| 30141(d) | 15:1397(c)(2). | |
| 30141(e) | 15:1397(c)(3)(B). |
In subsection (a)(1)(A)(iv), the words “prescribed under this chapter” are substituted for “Federal” for consistency in this chapter.
In subsection (a)(3), before clause (A), the words “any other fees” are substituted for “such other annual fee or fees” to eliminate unnecessary words. In clause (B), the words “this subchapter” are substituted for “this section” for clarity. See H. Rept. No. 100–431, 100th Cong., 1st Sess., p. 19 (1987).
In subsection (b)(1), the words “procedures for making a decision under subsection (a)(1) of this section” are substituted for “procedures for considering such petitions” and “procedures for determinations made on the Secretary's initiative” because of the restatement. The words “(whether or not confidential)” are omitted as unnecessary because of the restatement.
In subsection (b)(2), the word “permits” is substituted for “shall be sufficient authority” for clarity. The word “conditions” is omitted as being included in “terms”.
In subsection (c)(1), before clause (A), the words “under this subsection” are added for clarity. The word “including” is substituted for “include, as a minimum” to eliminate unnecessary words. In clause (B), the words “(relating to discovery, notification, and remedy of defects)” are omitted as surplus.
In subsection (c)(3), the words “directly or indirectly” are omitted as unnecessary because of the restatement.
In subsection (d)(1), before clause (A), the word “conditions” is omitted as being included in “terms”.
This amends 49:30141(c)(4)(A) and 30165(a) to correct erroneous cross-references.
1994—Subsec. (c)(4)(A). Pub. L. 103–429 substituted “any of sections 30112” for “section 30112” and inserted “any of” before “those sections”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(a)
(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)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 962.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30142(a) | 15:1397(f)(1). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(f); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2822. |
| 30142(b) | 15:1397(f)(2). |
In subsection (a)(2), the words “after January 31, 1990” are substituted for “after the effective date of the regulations initially issued to implement the amendments made to this section by the Imported Vehicle Safety Compliance Act of 1988” for clarity. See 49 C.F.R. part 591.
In subsection (a)(3), the words “the individual takes the actions required under subsection (b) of this section” are substituted for “if that individual takes the actions required by paragraph (2)” for clarity and because of the restatement.
In subsection (b)(1), the word “compliance” is substituted for “conformity” for consistency in this chapter.
In subsection (b)(1)(B), before subclause (i), the word “conditions” is omitted as being included in “terms”.
(a)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 963.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30143(a) | 15:1397(g) (3d, last sentences). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(g); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2823. |
| 30143(b), (c) | 15:1397(g) (1st, 2d sentences). |
In subsection (b), before clause (1), the words “(including a member of the uniformed services)” are omitted as unnecessary because of the restatement. In clause (1), the words “from that date through the date the vehicle is imported into the United States” are substituted for “that date and the date of entry of such motor vehicle” for clarity and consistency in this chapter. In clause (2), the words “under this section or section 108(g) of the National Traffic and Motor Vehicle Safety Act of 1966” are substituted for “this subsection” to preserve the exemption for motor vehicles imported under the source provisions between October 30, 1988, and the effective date of this restatement. In clause (4), the word “imports” is substituted for “enters” for clarity and consistency in this chapter. In clause (5) the word “satisfies” is substituted for “meets the terms, conditions, and other requirements . . . under” to eliminate unnecessary words.
Subsections (b)(3) and (g) of section 108 of the National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (b)(2), (5), are subsecs. (b)(3) and (g) of section 108 of Pub. L. 89–563, which were classified to subsecs. (b)(3) and (g), respectively, of section 1397 of Title 15, Commerce and Trade, were repealed and reenacted in sections 30112(b)(1)–(3) and 30143, respectively, of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 945, 963, 1379.
(a)
(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 Organizations 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)
(1) resides in the United States; and
(2) is a member described under subsection (a) of this section.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 964; Pub. L. 104–287, §5(57), Oct. 11, 1996, 110 Stat. 3394.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30144(a) | 15:1397(h) (1st sentence). | Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, §108(h); added Oct. 31, 1988, Pub. L. 100–562, §2(b), 102 Stat. 2823. |
| 30144(b) | 15:1397(h) (2d, 3d sentences). | |
| 30144(c) | 15:1397(h) (last sentence). |
In subsection (a)(1)(B), the word “importation” is substituted for “entry” for clarity and consistency in this chapter.
In subsection (b), before clause (1), the words “that an individual is a member described under subsection (a) of this section” are substituted for “such status” for clarity. The word “imported” is substituted for “entered” for clarity and consistency in this chapter. In clause (2), the words “a member described under subsection (a) of this section” are substituted for “hold such status” for clarity.
This amends 49:30144(a)(1)(A) to correct an erroneous cross-reference.
The International Organizations Immunities Act, referred to in subsec. (a)(1)(A), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables.
1996—Subsec. (a)(1)(A). Pub. L. 104–287 substituted “International Organizations” for “International Organization”.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 964.)
| Rev |
|---|