TITLE 49—TRANSPORTATION
This title was enacted by Pub. L. 95–473, §1, Oct. 17, 1978, 92 Stat. 1337; Pub. L. 97–449, §1, Jan. 12, 1983, 96 Stat. 2413; Pub. L. 103–272, July 5, 1994, 108 Stat. 745
Editorial Notes
Amendments
2024—Pub. L. 118–63, title XI, §1101(a), May 16, 2024, 138 Stat. 1413, substituted "MULTIMODAL FREIGHT TRANSPORTATION" for "Multimodal Freight Transportation" in item for subtitle IX.
2015—Pub. L. 114–94, div. A, title VIII, §8001(b), Dec. 4, 2015, 129 Stat. 1612, substituted "Multimodal Freight Transportation . . .70101" for "[TRANSFERRED]" in item for subtitle IX.
2010—Pub. L. 111–314, §4(d)(1)(A), Dec. 18, 2010, 124 Stat. 3440, substituted "[TRANSFERRED]" for "COMMERCIAL SPACE TRANSPORTATION . . .70101" in item for subtitle IX.
1995—Pub. L. 104–88, title I, §102(b), Dec. 29, 1995, 109 Stat. 852, as amended by Pub. L. 104–287, §6(f)(1), Oct. 11, 1996, 110 Stat. 3399, substituted "TRANSPORTATION" for "COMMERCE" in item for subtitle IV.
1994—Pub. L. 103–272, §1(b), July 5, 1994, 108 Stat. 745, amended subtitle analysis generally, substituting "OTHER GOVERNMENT AGENCIES . . .1101" for "TRANSPORTATION PROGRAMS . . .3101" in item for subtitle II, "GENERAL AND INTERMODAL PROGRAMS . . .5101" for "[RESERVED—AIR TRANSPORTATION]" in item for subtitle III, and "RAIL PROGRAMS . . .20101" for "[RESERVED—MISCELLANEOUS]" in item for subtitle V, and adding items for subtitles VI, VII, VIII, IX, and X.
1983—Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2413, amended subtitle analysis generally, substituting "DEPARTMENT OF TRANSPORTATION . . .101" for "[RESERVED—DEPARTMENT OF TRANSPORTATION]" in item for subtitle I and "TRANSPORTATION PROGRAMS . . .3101" for "[RESERVED—TRANSPORTATION PROGRAMS]" in item for subtitle II.
| Title 49 or Title 49 Appendix 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 |
Statutory Notes and Related Subsidiaries
Enacting Clauses
Pub. L. 103–272, §1(a), July 5, 1994, 108 Stat. 745, provided that: "Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, 'Transportation'. Those laws may be cited as '49 U.S.C. ————'."
Pub. L. 97–449, §1(a), Jan. 12, 1983, 96 Stat. 2413, provided that: "Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, 'Transportation'. Those laws may be cited as '49 U.S.C. §————'."
Pub. L. 95–473, §1, Oct. 17, 1978, 92 Stat. 1337, provided in part: "That certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted as [subtitle IV of] title 49, United States Code, 'Transportation'."
Clarification of Congressional Intent
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.
Legislative Purpose and Construction
Pub. L. 105–102, §4, Nov. 20, 1997, 111 Stat. 2216, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Pub. L. 104–287, §9, Oct. 11, 1996, 110 Stat. 3400, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Pub. L. 103–429, §10, Oct. 31, 1994, 108 Stat. 4391, provided that:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Pub. L. 103–272, §6, July 5, 1994, 108 Stat. 1378, provided that:
"(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before July 1, 1993, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after June 30, 1993, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
"(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
"(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
"(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
"(e) An inference of legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision.
"(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications."
Pub. L. 98–216, §5, Feb. 14, 1984, 98 Stat. 7, provided that:
"(a) Sections 1–4 of this Act restate, without substantive change, laws enacted before April 1, 1983, that were replaced by those sections. Sections 1–4 may not be construed as making a substantive change in the laws replaced. Laws enacted after March 31, 1983, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
"(b) A reference to a law replaced by sections 1–4 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
"(c) An order, rule, or regulation in effect under a law replaced by sections 1–4 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
"(d) An action taken or an offense committed under a law replaced by sections 1–4 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
"(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline of the provision.
"(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications."
Pub. L. 97–449, §6, Jan. 12, 1983, 96 Stat. 2443, provided that:
"(a) Sections 1–5 of this Act restate, without substantive change, laws enacted before November 15, 1982, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after November 14, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.
"(b) A reference to a law replaced by sections 1–5 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
"(c) An order, rule, or regulation in effect under a law replaced by sections 1–5 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
"(d) An action taken or an offense committed under a law replaced by sections 1–5 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
"(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
"(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications."
Pub. L. 96–258, §2, June 3, 1980, 94 Stat. 427, provided that:
"(a) Section 1 of this Act [enacting section 11351 of this title and amending sections 10324, 10327, 10382, 10525, 10526, 10544, 10706, 10784, 10923, 11101, 11121, 11304, 11707, 11909, 11912, and 11914 of this title] restates, without substantive change, laws enacted before April 24, 1979, that were replaced by that section. That section may not be construed as making a substantive change in the laws replaced. Laws enacted after April 23, 1979, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
"(b) A reference to a law replaced by section 1 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
"(c) An order, rule, or regulation in effect under a law replaced by section 1 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
"(d) An action taken or an offense committed under a law replaced by section 1 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
"(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
"(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications."
Pub. L. 95–473, §3, Oct. 17, 1978, 92 Stat. 1466, provided that:
"(a) Sections 1 and 2 of this Act restate, without substantive change, laws enacted before May 16, 1978, that were replaced by those sections. Those sections may not be construed as making a substantive change in the laws replaced. Laws enacted after May 15, 1978, that are inconsistent with this Act are considered as superseding it to the extent of the inconsistency.
"(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.
"(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.
"(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.
"(e) An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of the caption or catchline thereof.
"(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications."
Repeals and Savings Provisions
Pub. L. 105–102, §5(a), Nov. 20, 1997, 111 Stat. 2216, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 105–102, §5(b), Nov. 20, 1997, 111 Stat. 2217, as amended by Pub. L. 105–225, §7(c)(2), Aug. 12, 1998, 112 Stat. 1511, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Nov. 20, 1997.
Pub. L. 104–287, §10(a), Oct. 11, 1996, 110 Stat. 3401, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 104–287, §10(b), Oct. 11, 1996, 110 Stat. 3401, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 11, 1996.
Pub. L. 103–429, §11(a), Oct. 31, 1994, 108 Stat. 4391, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 103–429, §11(b), Oct. 31, 1994, 108 Stat. 4391, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 31, 1994.
Pub. L. 103–272, §7(a), July 5, 1994, 108 Stat. 1379, provided that: "The repeal of a law by this Act may not be construed as a legislative implication that the provision was or was not in effect before its repeal."
Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, as amended by Pub. L. 103–429, §7(a)(5), Oct. 31, 1994, 108 Stat. 4389, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 5, 1994.
Pub. L. 98–216, §6(a), Feb. 14, 1984, 98 Stat. 7, provided that: "The repeal of a law enacted [the word "enacted" probably should not appear] by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 98–216, §6(b), Feb. 14, 1984, 98 Stat. 7, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Feb. 14, 1984.
Pub. L. 97–449, §7(a), Jan. 12, 1983, 96 Stat. 2443, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat. 2443, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Jan. 12, 1983.
Pub. L. 96–258, §3(a), June 3, 1980, 94 Stat. 427, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 96–258, §3(b), June 3, 1980, 94 Stat. 427, repealed certain sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to applicability of such Act, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before June 3, 1980.
Pub. L. 95–473, §4(a), Oct. 17, 1978, 92 Stat. 1466, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1466, repealed the sections and parts of sections of the Interstate Commerce Act and certain other provisions relating to the applicability of such Act, except as provided in section 4(c) of Pub. L. 95–473 and except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Oct. 17, 1978.
Pub. L. 95–473, §4(c), Oct. 17, 1978, 92 Stat. 1470, which provided that the laws specified in the schedule in section 4(b) of Pub. L. 95–473, as they existed on Oct. 1, 1977, were not repealed to the extent those laws (A) vested functions in the Interstate Commerce Commission, or in the chairman or members of the Commission, related to transportation of oil by pipeline, and (B) vested functions and authority in the Commission, or an officer or component of the Commission, related to the establishment of rates or charges for transportation of oil by pipeline or valuation of any such pipeline, and those functions and authority were transferred by sections 7155 and 7172(b) of Title 42, The Public Health and Welfare, was repealed and reenacted in sections 60501 and 60502 of this title by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1329, 1379.
Effective Date of Certain Repeals
Pub. L. 95–473, §4(d), Oct. 17, 1978, 92 Stat. 1470, as amended by Pub. L. 97–449, §4(b)(3), Jan. 12, 1983, 96 Stat. 2441, provided that: "The repeals, by subsection (b) of this section, of section 1(a)(25), (26) of the Act of July 3, 1952, chapter 570, the Act of June 30, 1953, chapter 165, and the Act of July 31, 1953, chapter 292, are effective on September 14, 1978."
SUBTITLE I—DEPARTMENT OF TRANSPORTATION
Editorial Notes
Amendments
2024—Pub. L. 118–63, title XI, §1101(b), May 16, 2024, 138 Stat. 1413, struck out item for chapter 7 "Surface Transportation Board".
1995—Pub. L. 104–88, title II, §201(b), Dec. 29, 1995, 109 Stat. 940, added item for chapter 7.
CHAPTER 1—ORGANIZATION
Editorial Notes
Amendments
2021—Pub. L. 117–58, div. B, title I, §21101(c), title V, §25012(b), Nov. 15, 2021, 135 Stat. 656, 867, added items 118 and 119.
2020—Pub. L. 116–260, div. AA, title V, §512(c)(7)(B), Dec. 27, 2020, 134 Stat. 2757, substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation" in item 110.
2015—Pub. L. 114–94, div. A, title VI, §6012(b), title IX, §§9001(b), 9002(b), Dec. 4, 2015, 129 Stat. 1570, 1618, 1619, added items 116 and 117 and struck out item 112 which had read "Research and Innovative Technology Administration" and was subsequently changed to "Office of the Assistant Secretary for Research and Technology of the Department of Transportation" on authority of title I of div. L of Pub. L. 113–76, set out in part as a note under former section 112 of this title.
2012—Pub. L. 112–141, div. E, title II, §52011(c)(1), July 6, 2012, 126 Stat. 895, struck out item 111 "Bureau of Transportation Statistics".
2004—Pub. L. 108–426, §§2(c)(1), 4(e), Nov. 30, 2004, 118 Stat. 2424, 2426, substituted "Pipeline and Hazardous Materials Safety Administration" for "Coast Guard" in item 108 and "Research and Innovative Technology Administration" for "Research and Special Programs Administration" in item 112.
2001—Pub. L. 107–71, title I, §§101(b), 102(d), Nov. 19, 2001, 115 Stat. 602, 605, added items 114 and 115.
1999—Pub. L. 106–159, title I, §101(c)(1), Dec. 9, 1999, 113 Stat. 1751, added item 113.
1994—Pub. L. 103–272, §4(j)(5)(B), July 5, 1994, 108 Stat. 1366, as amended by Pub. L. 103–429, §7(a)(3)(C), Oct. 31, 1994, 108 Stat. 4388, struck out first item 110 "St. Lawrence Seaway Development Corporation".
1992—Pub. L. 102–508, title IV, §401(b), Oct. 24, 1992, 106 Stat. 3310, added item 112.
1991—Pub. L. 102–240, title III, §3004(c)(3), title VI, §6006(c), Dec. 18, 1991, 105 Stat. 2088, 2174, substituted "Federal Transit Administration" for "Urban Mass Transportation Administration" in item 107 and added second item 110 and item 111.
§101. Purpose
(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
(b) A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102–240, title VI, §6018, Dec. 18, 1991, 105 Stat. 2183.)
| 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.
Editorial Notes
Amendments
1991—Subsec. (b)(4). Pub. L. 102–240 inserted ", through research and development or otherwise" after "advances in transportation".
Statutory Notes and Related Subsidiaries
Short Title of 2021 Amendment
Pub. L. 117–58, div. B, §20001, Nov. 15, 2021, 135 Stat. 652, provided that: "This division [see Tables for classification] may be cited as the 'Surface Transportation Investment Act of 2021'."
Short Title of 2018 Amendment
Pub. L. 115–420, §1, Jan. 3, 2019, 132 Stat. 5444, provided that: "This Act [amending sections 310, 22901, 22902, 22904, 22905, 22907, 22908, 24102, 24103, 24319, 24711, 24905, 24910, 24911, and 26106 of this title, section 402 of Title 23, Highways, and section 51314 of Title 46, Shipping, renumbering sections 24401 to 24408 of this title as sections 22901 to 22908 of this title, enacting provisions set out as a note under section 24319 of this title, and amending provisions set out as notes under sections 22905, 22907, and 26106 of this title] may be cited as the 'Department of Transportation Reports Harmonization Act'."
Pub. L. 115–282, title V, §514(a), Dec. 4, 2018, 132 Stat. 4276, provided that: "This section [enacting section 312 of this title] may be cited as the 'National Timing Resilience and Security Act of 2018'."
Pub. L. 115–271, title VIII, §8101, Oct. 24, 2018, 132 Stat. 4103, provided that: "This subtitle [subtitle I (§§8101–8109) of title VIII of Pub. L. 115–271, enacting provisions set out as notes under sections 322, 329, 20140, and 31306 of this title and section 7301 of Title 5, Government Organization and Employees] may be cited as the 'Fighting Opioid Abuse in Transportation Act'."
Pub. L. 115–254, div. K, title I, §1901(a), Oct. 5, 2018, 132 Stat. 3542, provided that: "This title [see Tables for classification] may be cited as the 'TSA Modernization Act'."
Short Title of 2004 Amendment
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'."
Short Title of 1999 Amendment
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'."
Short Title of 1995 Amendment
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'."
Short Title of 1994 Amendment
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'."
Short Title of 1991 Amendment
Pub. L. 102–240, §1, Dec. 18, 1991, 105 Stat. 1914, provided that: "This Act [see Tables for classification] may be cited as the 'Intermodal Surface Transportation Efficiency Act of 1991'."
Deemed References to Chapters 509 and 511 of Title 51
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."
Congressional Declaration of Policy Regarding National Intermodal Transportation System
Pub. L. 102–240, §2, Dec. 18, 1991, 105 Stat. 1914, which provided that it was the policy of the United States to develop a National Intermodal Transportation System consisting of all forms of transportation in a unified, interconnected manner, a National Highway System, improvements in public transportation achieving goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged persons, was repealed and reenacted as section 5501 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 848, 1379.
Definitions of Terms in Div. B of Pub. L. 117–58
Pub. L. 117–58, div. B, §20002, Nov. 15, 2021, 135 Stat. 652, provided that: "In this division [see Short Title of 2021 Amendment note set out above]:
"(1)
"(2)
Definitions of Terms in Title I of Div. K of Pub. L. 115–254
Pub. L. 115–254, div. K, title I, §1902, Oct. 5, 2018, 132 Stat. 3542, provided that: "In this title [see Short Title of 2018 Amendment note set out above]:
"(1)
"(2)
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(C) the Committee on Homeland Security of the House of Representatives.
"(3)
"(4)
"(5)
"(6)
"(7)
"Secretary" Defined
Pub. L. 106–159, §2, Dec. 9, 1999, 113 Stat. 1749, provided that: "In this Act [see Tables for classification], the term 'Secretary' means the Secretary of Transportation."
Pub. L. 102–240, §3, Dec. 18, 1991, 105 Stat. 1915, provided that: "As used in this Act [see Short Title of 1991 Amendment note set out above], the term 'Secretary' means the Secretary of Transportation."
Executive Documents
Ex. Ord. No. 13330. Human Service Transportation Coordination
Ex. Ord. No. 13330, Feb. 24, 2004, 69 F.R. 9185, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance access to transportation to improve mobility, employment opportunities, and access to community services for persons who are transportation-disadvantaged, it is hereby ordered as follows:
(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.
§102. Department of Transportation
(a) The Department of Transportation (referred to in this section as the "Department") 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 (referred to in this section as the "Secretary"). 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)
(1)
(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, an Assistant Secretary for Research and Technology, an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection, who shall each be appointed by the President, with the advice and consent of the Senate;
(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President;
(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President;
(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and
(E) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.
(2)
(f)
(1)
(A) to oversee the tribal self-governance program under section 207 of title 23;
(B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;
(C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and
(D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation program under section 202 of title 23.
(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)
(1)
(A)
(B)
(i) this title; or
(ii) title 14, 23, 46, or 51.
(2)
(3)
(A) to implement reforms to improve interagency coordination and expedite projects relating to the permitting and environmental review of major transportation infrastructure projects, including—
(i) developing and deploying information technology tools to track project schedules and metrics; and
(ii) improving the transparency and accountability of the permitting process;
(B)(i) to identify appropriate methods to assess environmental impacts; and
(ii) to develop innovative methods for reasonable mitigation;
(C) to reduce uncertainty and delays with respect to environmental reviews and permitting; and
(D) to reduce costs and risks to taxpayers in project delivery.
(4)
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Center; and
(C) carry out such additional duties as the Secretary may prescribe.
(5)
(A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews.
(B) Support modernization efforts at the operating administrations within the Department and interagency pilot programs relating to innovative approaches to the permitting and review of transportation infrastructure projects.
(C) Provide technical assistance and training to Department staff on policy changes, innovative approaches to project delivery, and other topics, as appropriate.
(D) Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes.
(E) Administer and expand the use of online transparency tools providing for—
(i) tracking and reporting of metrics;
(ii) development and posting of schedules for permit reviews and permit decisions;
(iii) the sharing of best practices relating to efficient project permitting and reviews; and
(iv) the visual display of relevant geospatial data to support the permitting process.
(F) Submit to the Secretary reports describing progress made toward achieving—
(i) greater efficiency in permitting decisions and review of infrastructure projects; and
(ii) better outcomes for communities and the environment.
(6)
(A)
(B)
(i) carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects;
(ii) serving as the Department liaison to—
(I) the Council on Environmental Quality; and
(II) the Federal Permitting Improvement Steering Council established by section 41002(a) of the Fixing America's Surface Transportation Act (42 U.S.C. 4370m–1(a));
(iii) supporting the National Surface Transportation and Innovative Finance Bureau (referred to in this paragraph as the "Bureau") in implementing activities to improve delivery timelines, as described in section 116(f), for projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process;
(iv) leading activities to improve delivery timelines for projects carried out under programs not administered by the Bureau by—
(I) coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
(II) providing technical assistance and training to field and headquarters staff of Federal agencies with respect to policy changes and innovative approaches to the delivery of projects; and
(III) identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)
(i)
(ii)
(i)
(1)
(2)
(A) the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 (49 U.S.C. 301 note); and
(B) other travel- and tourism-related matters involving the Department of Transportation.
(j)
(1)
(A) to assist, educate, and protect passengers; and
(B) to monitor compliance with, conduct investigations relating to, and enforce, with support of attorneys in the Office of the General Counsel, including by taking appropriate action to address violations of aviation consumer protection and civil rights.
(2)
(3)
(4)
(A) aviation consumer protection; and
(B) the duties and activities of the Office described in subparagraphs (A) through (C) 1 of paragraph (1).
(5)
(A) analyzes trends in aviation consumer protection, civil rights, and licensing;
(B) identifies major challenges facing passengers; and
(C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate.
(6)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–557, §26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103–272, §4(j)(1), July 5, 1994, 108 Stat. 1365; Pub. L. 107–295, title II, §215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102; Pub. L. 109–59, title I, §1119(l), Aug. 10, 2005, 119 Stat. 1189; Pub. L. 110–140, title XI, §1101(a), Dec. 19, 2007, 121 Stat. 1756; Pub. L. 112–166, §2(k)(1), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 114–94, div. A, title VI, §6011(a), Dec. 4, 2015, 129 Stat. 1568; Pub. L. 117–58, div. A, title IV, §14009, div. B, title V, §§25009(a), 25018(b), Nov. 15, 2021, 135 Stat. 651, 852, 875; Pub. L. 118–63, title V, §501, May 16, 2024, 138 Stat. 1186.)
| 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.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (h)(6)(B)(iii)(III), (C)(i), 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.
Amendments
2024—Subsec. (e)(1). Pub. L. 118–63, §501(1)(A), substituted "8" for "7" in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 118–63, §501(1)(B), substituted "an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection" for "and an Assistant Secretary for Transportation Policy".
Subsec. (j). Pub. L. 118–63, §501(2), added subsec. (j).
2021—Subsec. (a). Pub. L. 117–58, §25009(a)(1), inserted "(referred to in this section as the 'Department')" after "Transportation".
Subsec. (b). Pub. L. 117–58, §25009(a)(2), inserted "(referred to in this section as the 'Secretary')" after "Transportation" in first sentence.
Subsec. (e)(1). Pub. L. 117–58, §14009(1)(A), substituted "7 Assistant" for "6 Assistant" in introductory provisions.
Subsec. (e)(1)(D), (E). Pub. L. 117–58, §14009(1)(B)–(D), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (f). Pub. L. 117–58, §14009(2), substituted "Office of Tribal Government Affairs" for "Deputy Assistant Secretary for Tribal Government Affairs" in heading.
Subsec. (f)(1). Pub. L. 117–58, §14009(2), added par. (1) and struck out former par. (1) which provided for a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President.
Subsec. (h). Pub. L. 117–58, §25009(a)(4), added subsec. (h). Former subsec. (h) redesignated (i) and subsequently struck out.
Subsec. (i). Pub. L. 117–58, §25018(b), added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: "The Department shall have a seal that shall be judicially recognized."
Pub. L. 117–58, §25009(a)(3), redesignated subsec. (h) as (i).
2015—Subsec. (e)(1). Pub. L. 114–94, §6011(a)(1), substituted "6" for "5" in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 114–94, §6011(a)(2), inserted "an Assistant Secretary for Research and Technology," after "Governmental Affairs,".
2012—Subsec. (e). Pub. L. 112–166 inserted subsec. (e) heading, struck out "The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary" before "or the General Counsel,", added par. (1), inserted par. (2) designation and heading, and, in par. (2), inserted "The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary".
2007—Subsecs. (g), (h). Pub. L. 110–140 added subsec. (g) and redesignated former subsec. (g) as (h).
2005—Subsecs. (f), (g). Pub. L. 109–59, which directed amendment of this section by adding subsec. (f) and redesignating former subsecs. (f) and (g) as (g) and (h), respectively, was executed by adding subsec. (f) and redesignating former subsec. (f) as (g), to reflect the probable intent of Congress. See 2002 Amendment note below.
2002—Subsec. (d). Pub. L. 107–295, §215(a)(2), added subsec. (d). Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 107–295, §215(a)(3), which directed the substitution of "Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy" for "Secretary and the Deputy Secretary" each place it appears in last sentence, was executed by making substitution for "Secretary and the Deputy Secretary" before "are absent" and for "Secretary and Deputy Secretary" before "are vacant", to reflect the probable intent of Congress.
Subsec. (g). Pub. L. 107–295, §215(c), struck out subsec. (g) which read as follows: "The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary."
Pub. L. 107–295, §215(a)(1), redesignated subsec. (d) as (g).
1994—Subsecs. (e), (f). Pub. L. 103–272 redesignated subsec. (e), relating to judicial recognition of Department seal, as (f).
1984—Subsecs. (d), (e). Pub. L. 98–557 added subsec. (d) and redesignated former subsec. (d), relating to Assistant Secretaries and General Counsel, as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by section 14009 of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date of 2007 Amendment
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.
Effective Date of 2002 Amendment
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.
Deemed References to Chapters 509 and 511 of Title 51
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.
Rural Opportunities To Use Transportation for Economic Success Initiative
Pub. L. 117–58, div. B, title V, §25010, Nov. 15, 2021, 135 Stat. 854, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(A) to improve analysis of projects from rural areas, Indian Tribes, and historically disadvantaged communities in rural areas applying for Department discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the people and the economy of the United States are appropriately considered; and
"(B) to provide rural communities, Indian Tribes, and historically disadvantaged communities in rural areas with technical assistance for meeting the transportation infrastructure investment needs of the United States in a financially sustainable manner.
"(2)
"(A) collect input from knowledgeable entities and the public on—
"(i) the benefits of rural and Tribal transportation projects;
"(ii) the technical and financial assistance required for constructing and operating transportation infrastructure and services within rural areas and on the land of Indian Tribes;
"(iii) barriers and opportunities to funding transportation projects in rural areas and on the land of Indian Tribes; and
"(iv) unique transportation barriers and challenges faced by Indian Tribes and historically disadvantaged communities in rural areas;
"(B) evaluate data on transportation challenges faced by rural communities and Indian Tribes and determine methods to align the discretionary funding and financing opportunities of the Department with the needs of those communities for meeting national transportation goals;
"(C) provide education and technical assistance to rural communities and Indian Tribes about applicable Department discretionary grants, develop effective methods to evaluate projects in those communities in discretionary grant programs, and communicate those methods through program guidance;
"(D) carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas and Indian Tribes; and
"(E) perform such other duties as determined by the Secretary.
"(c)
"(1)
"(A) to organize, guide, and lead the ROUTES Office; and
"(B) to coordinate rural-related and Tribal-related funding programs and assistance among the modal administrations of the Department, the offices of the Department, and other Federal agencies, as appropriate—
"(i) to ensure that the unique transportation needs and attributes of rural areas and Indian Tribes are fully addressed during the development and implementation of programs, policies, and activities of the Department;
"(ii) to increase coordination of programs, policies, and activities of the Department in a manner that improves and expands transportation infrastructure in order to further economic development in, and the quality of life of, rural areas and Indian Tribes; and
"(iii) to provide rural areas and Indian Tribes with proactive outreach—
"(I) to improve access to discretionary funding and financing programs; and
"(II) to facilitate timely resolution of environmental reviews for complex or high-priority projects.
"(2)
"(A)
"(i) The Deputy Secretary of Transportation.
"(ii) The Under Secretary of Transportation for Policy.
"(iii) The General Counsel.
"(iv) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
"(v) The Assistant Secretary for Research and Technology.
"(vi) The Assistant Secretary for Multimodal Freight.
"(vii) The Administrators of—
"(I) the Federal Aviation Administration;
"(II) the Federal Highway Administration;
"(III) the Federal Railroad Administration; and
"(IV) the Federal Transit Administration.
"(viii) The Executive Director of the Build America Bureau.
"(ix) The Assistant Secretary for Governmental Affairs.
"(x) The Assistant Secretary for Transportation Policy.
"(xi) The Deputy Assistant Secretary for Tribal Government Affairs.
"(B)
"(C)
"(3)
"(A) the Maritime Administration;
"(B) the Great Lakes St. Lawrence Seaway Development Corporation; and
"(C) the National Highway Traffic Safety Administration.
"(4)
"(A) participate in all meetings and relevant ROUTES Council activities and be prepared to share information relevant to rural and Tribal transportation infrastructure projects and issues;
"(B) provide guidance and leadership on rural and Tribal transportation infrastructure issues and represent the work of the ROUTES Council and the Department on those issues to external stakeholders; and
"(C) recommend initiatives for the consideration of the Chair of the ROUTES Council to establish and staff any resulting activities or working groups.
"(5)
"(6)
"(7)
"(A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year;
"(B) any recommendations to enhance the effectiveness of Department discretionary grant programs regarding rural and Tribal infrastructure issues; and
"(C) other guides and reports for relevant groups and the public."
Highly Automated Systems Safety Center of Excellence
Pub. L. 116–94, div. H, title I, §105, Dec. 20, 2019, 133 Stat. 2938, provided that:
"(a) The Secretary shall establish a Highly Automated Systems Safety Center of Excellence within the Department of Transportation, in order to have a Department of Transportation workforce capable of reviewing, assessing, and validating the safety of automated technologies.
"(b) The Highly Automated Systems Safety Center of Excellence shall—
"(1) serve as a central location within the Department of Transportation for expertise in automation and human factors, computer science, data analytics, machine learning, sensors, and other technologies involving automated systems;
"(2) collaborate with and provide support on highly automated systems to all Operating Administrations of the Department of Transportation; and
"(3) have a workforce composed of Department of Transportation employees, including direct hires or detailees from Operating Administrations of the Department of Transportation and other Federal agencies.
"(c) Employees of the Highly Automated Systems Safety Center of Excellence, in conjunction with the relevant Operating Administrations of the Department of Transportation, shall review, assess, and validate highly automated systems to ensure their safety.
"(d) The Highly Automated Systems Safety Center of Excellence shall not supersede laws or regulations granting certification authorities to Operating Administrations of the Department of Transportation.
"(e) No later than 90 days after the date of enactment of this Act [Dec. 20, 2019], the Secretary shall report to the Committees on Appropriations of the House of Representatives and the Senate on staffing needs and the staffing plan for the Highly Automated Systems Safety Center of Excellence."
Human Trafficking Prevention Coordinator
Pub. L. 115–99, §2, Jan. 3, 2018, 131 Stat. 2242, provided that: "The Secretary of Transportation shall designate an official within the Department of Transportation who shall—
"(1) coordinate human trafficking prevention efforts across modal administrations in the Department of Transportation and with other departments and agencies of the Federal Government; and
"(2) in coordinating such efforts, take into account the unique challenges of combating human trafficking within different transportation modes."
Coordination
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."
Notice
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)
Surface Transportation Administration
Pub. L. 102–240, title V, §5004, Dec. 18, 1991, 105 Stat. 2160, provided that, not later than 60 days after Dec. 18, 1991, the Secretary was to enter into an agreement with the National Academy of Public Administration to continue a study of options for organizing the Department of Transportation to increase effectiveness and report to Congress on the study and recommend appropriate organizational changes no later than Jan. 1, 1993, to be implemented if approved by law.
Person Holding Position of Associate Deputy Secretary Until April 15, 1985
Pub. L. 98–557, §26(c), Oct. 30, 1984, 98 Stat. 2873, provided that, until Apr. 15, 1985, the position of Associate Deputy Secretary could be held by a person named by the President alone.
Ex. Ord. No. 11340. Effective Date
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:
By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (Public Law 89–670, approved October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed as the date on which the Department of Transportation Act shall take effect.
Lyndon B. Johnson.
1 So in original. Paragraph (1) does not contain a subparagraph (C).
§103. Federal Railroad Administration
(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.
Pub. L. 103–272
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.
Editorial Notes
References in Text
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.
Amendments
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.".
Statutory Notes and Related Subsidiaries
Update of Federal Railroad Administration Web Site
Pub. L. 110–432, div. A, title III, §307, Oct. 16, 2008, 122 Stat. 4881, as amended by Pub. L. 114–94, div. A, title XI, §11316(j)(5), Dec. 4, 2015, 129 Stat. 1677, provided that:
"(a)
"(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.]
Funds for Broadband High Speed Internet Service Connection for Federal Railroad Administration Employees
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;".
§104. Federal Highway Administration
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b)(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, §101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, §101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
| 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.
Editorial Notes
References in Text
The Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, 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.
Amendments
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".
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
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."
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Elimination of Regional Office Responsibilities
Pub. L. 105–178, title I, §1220, June 9, 1998, 112 Stat. 221, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
§105. National Highway Traffic Safety Administration
(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §5(m)(3), July 5, 1994, 108 Stat. 1375.)
| 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.
Editorial Notes
Amendments
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.)".
Statutory Notes and Related Subsidiaries
Required Reporting of NHTSA Agenda
Pub. L. 114–94, div. B, title XXIV, §24401, Dec. 4, 2015, 129 Stat. 1720, provided that: "Not later than December 1 of the year beginning after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the National Highway Traffic Safety Administration shall publish on the public website of the Administration, and file with the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administration's projected activities, including—
"(1) the Administrator's policy priorities;
"(2) any rulemakings projected to be commenced;
"(3) any plans to develop guidelines;
"(4) any plans to restructure the Administration or to establish or alter working groups;
"(5) any planned projects or initiatives of the Administration, including the working groups and advisory committees of the Administration; and
"(6) any projected dates or timetables associated with any of the items described in paragraphs (1) through (5)."
National Highway Traffic Safety Administration Electronics, Software, and Engineering Expertise
Pub. L. 112–141, div. C, title I, §31401, July 6, 2012, 126 Stat. 772, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(c)
§106. Federal Aviation Administration
(a)
(b)
(1)
(A)
(B)
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C)
(D)
(E)
(2)
(A)
(B)
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C)
(D)
(E)
(F)
(i)
(ii)
(I) the pay provided for the Deputy Administrator under clause (i); or
(II) the pay and allowances or the retired pay of the military grade held.
(iii)
(3)
(A) the Administrator under paragraph (1); and
(B) the Deputy Administrator under paragraph (2).
(c)
(1) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—
(A) prioritizing rulemaking projects that are necessary to improve safety;
(B) establishing the regulatory agenda of the Administration; and
(C) coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law;
(2) not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;
(3) on an ongoing basis, review the regulations of the Administration in effect to—
(A) improve safety;
(B) reduce undue regulatory burden;
(C) replace prescriptive regulations with performance-based regulations, as appropriate;
(D) prevent duplicative regulations; and
(E) increase regulatory clarity and transparency whenever possible;
(4) make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii);
(5) receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition—
(A) acknowledging receipt of such petition;
(B) confirming completeness of such petition;
(C) providing an initial indication of the complexity of the request and how such complexity may impact the timeline for adjudication; and
(D) requesting any additional information, as appropriate, that would assist in the consideration of the petition;
(6) track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the interest of the public to amend a rule to reduce the future need of waivers and exemptions; and
(7) promulgate regulatory updates as determined more efficient or in the best interest of the public under paragraph (6).
(d) [Reserved].
(e)
(1)
(2)
(3)
(A) means—
(i) any current or contingent ownership, equity, or security interest;
(ii) any indebtedness or compensated employment relationship; or
(iii) any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and
(B) does not include securities held in an index fund.
(f)
(1)
(A) established by executive order; or
(B) not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator.
(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, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;
(iii) except as otherwise provided in paragraph (4), 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 civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or 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)
(i) the duties and powers of the Secretary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous material) and stated in—
(I) subsections (c) and (d) of section 1132;
(II) sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;
(III) chapter 443;
(IV) chapter 445, except sections 44502(a)(3), 44503, and 44509;
(V) chapter 447, except sections 44721(b) and 44723;
(VI) chapter 448;
(VII) chapter 451;
(VIII) chapter 453;
(IX) section 46104;
(X) subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;
(XI) chapter 465;
(XII) chapter 471;
(XIII) chapter 475; and
(XIV) chapter 509 of title 51; and
(ii) such additional duties and powers as may be prescribed by the Secretary.
(B)
(C)
(D)
(4)
(A)
(i)
(ii)
(iii)
(iv)
(B)
(i)
(I) is likely to result in the expenditure by State, local, and Tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024) in any year; or
(II) is significant.
(ii)
(I) will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024);
(II) raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or
(III) adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or community.
(iii)
(I)
(II)
(iv)
(I) does not require the approval of the Secretary under clause (i) (excluding a regulation issued under clause (iii)); or
(II) is a routine or frequent action or a procedural action.
(v)
(C)
(i)
(ii)
(iii)
(I) the cost assumptions supporting the regulation were accurate;
(II) the intended benefit of the regulation is being realized;
(III) the need remains to continue such regulation as in effect; and
(IV) the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) 2 of title 49, Code of Federal Regulations.
(iv)
(5)
(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) [reserved].
(h)
(1)
(2)
(3)
(A) developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—
(i) liaising between external persons and offices of the Administration interested in such work;
(ii) providing technical expertise and input, as appropriate; and
(iii) providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements;
(B) managing technology demonstration grants awarded by the Administrator;
(C) identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;
(D) supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;
(E) managing the facilities of the Technical Center; and
(F) carrying out any other duties as determined appropriate by the Administrator.
(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)
(k)
(1)
(A) $12,729,627,000 for fiscal year 2024;
(B) $13,055,000,000 for fiscal year 2025;
(C) $13,354,000,000 for fiscal year 2026;
(D) $13,650,000,000 for fiscal year 2027; and
(E) $13,954,000,000 for fiscal year 2028.
Such sums shall remain available until expended.
(2)
(A) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(B) Such sums as may be necessary for fiscal years 2012 through 2015 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska's main aviation corridors.
(C) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out the Aviation Safety Reporting System and the development and maintenance of helicopter approach procedures.
(D) Not more than the following amounts for commercial space transportation activities:
(i) $75,938,000 for fiscal year 2023.
(ii) $42,018,000 for fiscal year 2024.
(iii) $52,985,000 for fiscal year 2025.
(iv) $59,044,000 for fiscal year 2026.
(v) $65,225,000 for fiscal year 2027.
(vi) $71,529,000 for fiscal year 2028.
(3)
(A)
(B)
(C)
(l)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(6)
(7)
(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) 5 members representing aerospace and technology interests, appointed by the Administrator;
(D) 5 members representing aerospace and technology interests, appointed by the Secretary of Transportation; and
(E) 1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees.
(3)
(4)
(A)
(i)
(ii)
(iii)
(I) regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and
(II) request the Administrator include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I).
(iv)
(v)
(vi)
(B)
(C)
(D)
(5)
(A) the Council;
(B) such aviation rulemaking committees as the Administrator shall designate; or
(C) such aerospace rulemaking committees as the Secretary shall designate.
(6)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(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)
(A) the state of good repair of the air traffic control system;
(B) the continuous improvement of the safety and efficiency of the air traffic control system; and
(C) identifying services and solutions to increase the safety and efficiency of airspace use and to support the safe integration of all airspace users.
(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;
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and
(v) plans to integrate new entrant operations into the national airspace system and associated action items.
(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
(iii) ensure that the budget request supports the agency's annual and long-range strategic plans for air traffic control services.
(6)
(A)
(B)
(i) A summary description of such unfunded capital investment need.
(ii) The objective to be achieved if such unfunded capital investment need is funded in whole or in part.
(iii) The additional amount of funds recommended in connection with such objective.
(iv) The Budget Line Item Program and Budget Line Item number associated with such unfunded capital investment need, as applicable.
(v) Any statutory requirement associated with such unfunded capital investment need, as applicable.
(C)
(D)
(i) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
(ii) is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system;
(iii) is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and
(iv) would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if—
(I) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
(II) the program, activity, or mission requirement has emerged since the budget was formulated.
(7)
(s)
(1)
(A)
(B)
(C)
(i) at least 10 years experience in engineering management, systems management, or another relevant technical management field; and
(ii) knowledge of or experience in the aviation industry.
(2)
(A) ensuring the proper operation, maintenance, and cybersecurity of technology systems relating to the air traffic control system across all offices of the Administration;
(B) coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aerospace industry and other Federal agencies;
(C) reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration's budget, cost-accounting system, and benefit-cost analyses with respect to technology programs relating to the air traffic control system;
(D) consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress;
(E) developing an annual air traffic control system technology operation and maintenance plan that is consistent with the annual performance targets established under paragraph (4); and
(F) ensuring that the air traffic control system architecture remains, to the maximum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by the Administration, aircraft operators, or other private providers of information and services related to air traffic management.
(3)
(A)
(B)
(C)
(4)
(A)
(B)
(5)
(A) detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance targets established under paragraph (4); and
(B) other information as may be requested by the Administrator and the Chief Operating Officer.
(t)
(1)
(2)
(A)
(B)
(C)
(D)
(E)
(3)
(A)
(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system) and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety;
(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred;
(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator of the Agency, in writing, regarding further investigation or corrective actions;
(iv) receive allegations of whistleblower retaliation by employees of the Agency;
(v) coordinate with and provide all necessary assistance to the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whistleblower retaliation by employees of the Agency; and
(vi) investigate allegations of whistleblower retaliation by employees of the Agency that have been delegated to the Office by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, or the Office of Special Counsel.
(B)
(i) the individual consents to the disclosure in writing; or
(ii) the Director determines, in the course of an investigation, that the disclosure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure.
(C)
(D)
(4)
(5)
(6)
(7)
(A)
(B)
(C)
(8)
(A)
(B)
(C)
(i) Educate Administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions.
(ii) Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate.
(iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Office of the Chief Counsel, as necessary.
(iv) Coordinate with the Office of the Inspector General of the Department of Transportation's Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary.
(v) Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, §5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, §9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, §101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, §104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, §103, title II, §201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, §103(a), title II, §§223(a), 224–230, 276(c), title XII, §1210, Oct. 9, 1996, 110 Stat. 3216, 3229-3234, 3282; Pub. L. 104–287, §5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, §3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, §4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, §103(a), title III, §§302(a)–(c), 303, 305, 306, 307(c)(1), title VII, §701, Apr. 5, 2000, 114 Stat. 66, 115-118, 121, 123, 124, 126, 154; Pub. L. 106–528, §8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, §101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, §103(a),(b), title II, §§201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522-2526, 2528; Pub. L. 110–330, §6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, §6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, §206, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, §6, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, §103, title II, §§203, 204, title III, §§306(b), 341, Feb. 14, 2012, 126 Stat. 16, 37, 61, 78; Pub. L. 112–166, §2(k)(2), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 113–188, title XV, §1501(a), Nov. 26, 2014, 128 Stat. 2023; Pub. L. 114–55, title I, §103, Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, §103, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, §1103, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, §103, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, §103, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, §113, title V, §§545(a), 564, div. K, title I, §1991(a), Oct. 5, 2018, 132 Stat. 3200, 3374, 3385, 3626; Pub. L. 116–260, div. V, title I, §§114, 133(a), (b), Dec. 27, 2020, 134 Stat. 2333, 2353, 2355; Pub. L. 117–286, §4(a)(302), (c)(46), Dec. 27, 2022, 136 Stat. 4339, 4359; Pub. L. 117–328, div. Q, §104, Dec. 29, 2022, 136 Stat. 5253; Pub. L. 118–15, div. B, title II, §2203, Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, §103, Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, §103, Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title I, §103, title II, §§201, 202(a), 203–204(b), 206(g), 210–214, 216, May 16, 2024, 138 Stat. 1034–1041, 1045, 1049-1054.)
| 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.
Pub. L. 103–272
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.
Editorial Notes
References in Text
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 enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (f)(4)(B)(i)(I), (ii)(I), (C)(i) and (t)(7)(A), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.
Section 5.13 of title 49, Code of Federal Regulations, referred to in subsec. (f)(4)(C)(i), (iii)(IV), related in subsection (d) to review of existing Department of Transportation regulations and was omitted in the general revision of part 5 of title 49, Code of Federal Regulations, effective May 3, 2021. See 86 F.R. 17294.
Amendments
2024—Subsec. (a). Pub. L. 118–63, §201(1), inserted heading.
Subsec. (b). Pub. L. 118–63, §201(2), added subsec. (b) and struck out former subsec. (b) which read as follows: "The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years."
Subsecs. (c), (d). Pub. L. 118–63, §202(a), added subsec. (c) and reserved subsec. (d) and struck out former subsecs. (c) and (d) which related to qualifications of the Administrator and the office of Deputy Administrator, respectively.
Subsec. (e). Pub. L. 118–63, §203, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: "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."
Subsec. (f)(1). Pub. L. 118–63, §204(a)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)", "In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither" for "Neither", and "a committee, board, council, or organization that is—" and subpars. (A) and (B) for "a committee, board, or organization established by executive order."
Subsec. (f)(2)(A)(ii). Pub. L. 118–63, §204(a)(2)(A), substituted "the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;" for "the acquisition and maintenance of property, services, and equipment of the Administration;".
Subsec. (f)(2)(A)(iii). Pub. L. 118–63, §204(a)(2)(B), substituted "paragraph (4)" for "paragraph (3)".
Subsec. (f)(2)(B). Pub. L. 118–63, §204(a)(2)(C), inserted "civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or" after "with respect to".
Subsec. (f)(3). Pub. L. 118–63, §204(a)(5), added par. (3). Former par. (3) redesignated (4).
Subsec. (f)(3)(A). Pub. L. 118–63, §204(a)(3)(A), inserted cl. (i) designation and heading before "In the performance", cl. (ii) designation and heading before "The Administrator shall act", cl. (iii) designation and heading before "The Administrator shall issue", and cl. (iv) designation and heading before "On February 1".
Subsec. (f)(3)(B), (C). Pub. L. 118–63, §204(a)(3)(B), added subpars. (B) and (C) and struck out former subpars. (B) and (C) which related to approval of Secretary of Transportation of certain regulations and periodic review of certain regulations, respectively.
Subsec. (f)(4), (5). Pub. L. 118–63, §204(a)(4), redesignated pars. (3) and (4) as (4) and (5), respectively.
Subsec. (g). Pub. L. 118–63, §204(b), added reserved subsec. (g) and struck out former subsec. (g) which related to duties and powers of Administrator.
Subsec. (h). Pub. L. 118–63, §206(g), added subsec. (h) and struck out former subsec. (h) which read as follows: "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."
Subsec. (j). Pub. L. 118–63, §210, inserted heading.
Subsec. (k)(1)(A) to (F). Pub. L. 118–63, §103(a), added subpars. (A) to (E) and struck out former subpars. (A) to (F) which appropriated amounts for salaries, operations, and maintenance for fiscal years 2018 to 2023.
Subsec. (k)(1)(G). Pub. L. 118–63, §103(a), struck out subpar. (G) which read as follows: "$7,259,685,792 for the period beginning on October 1, 2023, and ending on May 10, 2024."
Pub. L. 118–41, §103(1), added subpar. (G) and struck out former subpar. (G) which read as follows: "$5,208,743,169 for the period beginning on October 1, 2023, and ending on March 8, 2024."
Subsec. (k)(2)(D)(i) to (vi). Pub. L. 118–63, §103(b), added cls. (ii) to (vi), redesignated former cl. (vi) as (i), and struck out former cls. (i) to (v) which authorized expenditure amounts for commercial space transportation activities for fiscal years 2018 to 2022.
Subsec. (k)(3). Pub. L. 118–63, §103(c), designated existing provisions as subpar. (A) and inserted heading, substituted "in each of fiscal years 2024 through 2028" for "in each of fiscal years 2018 through 2023 and for the period beginning on October 1, 2023, and ending on May 10, 2024", and added subpars. (B) and (C).
Pub. L. 118–41, §103(2), substituted "May 10, 2024" for "March 8, 2024".
Subsec. (p). Pub. L. 118–63, §211(2), added subsec. (p) and struck out former subsec. (p) which established the Federal Aviation Management Advisory Council and the Air Traffic Services Committee.
Subsec. (p)(8). Pub. L. 118–63, §211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r).
Subsec. (r)(1)(A). Pub. L. 118–63, §212(1)(A), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "There shall be a Chief Operating Officer for the air traffic control system to be appointed by the Administrator, with the approval of the Air Traffic Services Committee. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator."
Subsec. (r)(1)(E). Pub. L. 118–63, §212(1)(B), substituted "may be appointed for either the remainder of the term or for a full term" for "shall be appointed for the remainder of that term".
Subsec. (r)(2)(A). Pub. L. 118–63, §212(2), struck out ", with the approval of the Air Traffic Services Committee" after "Administrator".
Subsec. (r)(3). Pub. L. 118–63, §212(3), struck out ", in consultation with the Air Traffic Services Committee," before "shall enter" and substituted "annual basis and shall include responsibility for—" and subpars. (A) to (C) for "annual basis."
Subsec. (r)(4). Pub. L. 118–63, §212(4), substituted "the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator" for "such information as may be prescribed by the Secretary".
Subsec. (r)(5). Pub. L. 118–63, §212(5)(A), substituted "Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum" for "Chief Operating Officer, or any other authority within the Administration responsibilities, including" in introductory provisions.
Subsec. (r)(5)(A)(v). Pub. L. 118–63, §212(5)(B), added cl. (v).
Subsec. (r)(5)(C)(ii). Pub. L. 118–63, §212(5)(C), struck out "and the Committee" after "Administrator".
Subsec. (r)(6). Pub. L. 118–63, §213, which directed the addition of par. (6) at end of subsec. (r), was executed by adding par. (6) after par. (5) to reflect the probable intent of Congress and the intervening redesignation of par. (8) of subsec. (p) as par. (7) of subsec. (r). See below.
Subsec. (r)(7). Pub. L. 118–63, §211(1), redesignated par. (8) of subsec. (p) as par. (7) of subsec. (r).
Subsec. (s)(1)(A). Pub. L. 118–63, §214(1)(E), added subpar. (A). Former subpar. (A) redesignated (B).
Pub. L. 118–63, §214(1)(A), substituted "The Chief Technology Officer shall be appointed by the Administrator." for "There shall be a Chief Technology Officer appointed by the Chief Operating Officer. The Chief Technology Officer shall report directly to the Chief Operating Officer."
Subsec. (s)(1)(B). Pub. L. 118–63, §214(1)(D), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C).
Subsec. (s)(1)(B)(i). Pub. L. 118–63, §214(1)(B), which directed amendment of subpar. (B) by substituting "management, systems management," for "management", was executed in cl. (i) by making the substitution for "management" the first place appearing, to reflect the probable intent of Congress.
Subsec. (s)(1)(C), (D). Pub. L. 118–63, §214(1)(C), (D), redesignated subpar. (B) as (C) and struck out former subpars. (C) and (D) which read as follows:
"(C)
"(D)
Subsec. (s)(2)(A). Pub. L. 118–63, §214(2)(A), struck out "program" before "offices".
Subsec. (s)(2)(F). Pub. L. 118–63, §214(2)(B), substituted "the Administration, aircraft operators, or other private providers of information and services related to air traffic management" for "aircraft operators".
Subsec. (s)(3)(A). Pub. L. 118–63, §214(3)(A), struck out at end "The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of that title."
Subsec. (s)(3)(B), (C). Pub. L. 118–63, §214(3)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).
Subsec. (t)(7). Pub. L. 118–63, §216(1), (2), added par. (7) and struck out former par. (7) which related to annual reports to Congress by Director of the Office of Whistleblower Protection and Aviation Safety Investigations.
Subsec. (t)(8)(B). Pub. L. 118–63, §216(3), struck out comma after "management".
2023—Subsec. (k)(1)(G). Pub. L. 118–34, §103(1), added subpar. (G) and struck out former subpar. (G) which read as follows: "$2,995,027,322 for the period beginning on October 1, 2023, and ending on December 31, 2023."
Pub. L. 118–15, §2203(1), added subpar. (G).
Subsec. (k)(3). Pub. L. 118–34, §103(2), substituted "March 8, 2024" for "December 31, 2023".
Pub. L. 118–15, §2203(2), inserted "and for the period beginning on October 1, 2023, and ending on December 31, 2023" after "fiscal years 2018 through 2023".
2022—Subsec. (d)(1). Pub. L. 117–328 struck out ", a retired regular officer of an armed force, or a former regular officer of an armed force" after "active duty in an armed force".
Subsec. (p)(5). Pub. L. 117–286, §4(a)(302), substituted "Chapter 10 of title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.
Subsec. (p)(6)(I)(i). Pub. L. 117–286, §4(c)(46), substituted "section 13103(f) of title 5 for purposes of subchapter I of chapter 131 of such title; except that section 13103(d) of such title" for "section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act".
2020—Subsec. (l)(7). Pub. L. 116–260, §114, added par. (7).
Subsec. (t). Pub. L. 116–260, §133(a)(1)(B), substituted "Office of Whistleblower Protection and Aviation Safety Investigations" for "Aviation Safety Whistleblower Investigation Office" in heading.
Subsec. (t)(1). Pub. L. 116–260, §133(a)(1)(A), substituted "the Office of Whistleblower Protection and Aviation Safety Investigations" for "an Aviation Safety Whistleblower Investigation Office".
Subsec. (t)(2)(E). Pub. L. 116–260, §133(a)(2)(B), added subpar. (E).
Subsec. (t)(3)(A)(i). Pub. L. 116–260, §133(a)(2)(A)(i), substituted "(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system)" for "(if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process)".
Subsec. (t)(3)(A)(iv) to (vi). Pub. L. 116–260, §133(a)(2)(A)(ii)–(iv), added cls. (iv) to (vi).
Subsec. (t)(7). Pub. L. 116–260, §133(a)(2)(C)(i), substituted "November 15" for "October 1" in introductory provisions.
Subsec. (t)(7)(A). Pub. L. 116–260, §133(a)(2)(C)(ii), substituted "paragraph (3)(A)(i) in the preceding fiscal year" for "paragraph (3)(A)(i) in the preceding 12-month period".
Subsec. (t)(7)(C). Pub. L. 116–260, §133(a)(3)(A), inserted "the resolution of those submissions, including any" before "further" and struck out "and" at end.
Subsec. (t)(7)(E). Pub. L. 116–260, §133(a)(3)(B), (C), added subpar. (E).
Subsec. (t)(8). Pub. L. 116–260, §133(b), added par. (8).
2018—Subsec. (g). Pub. L. 115–254, §1991(a), amended subsec. (g) generally. Prior to amendment, text read as follows:
"(1) Except as provided in paragraph (2) of this subsection, the Administrator shall carry out—
"(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119, chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3), 44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718(a), 44718(b), 44719, 44720, 44721(b), 44722, and 44723), chapter 449 (except sections 44903(d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301(d) and (h)(2), 46303(c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504(b) (related to flight procedures), 47508(a), and 48107 of this title; and
"(B) additional duties and powers prescribed by the Secretary of Transportation.
"(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by section 44931 of this title."
Subsec. (k)(1)(A)–(E). Pub. L. 115–254, §113(a), added subpars. (A) to (E) and struck out former subpars. (A) to (E) which read as follows:
"(A) $9,653,000,000 for fiscal year 2012;
"(B) $9,539,000,000 for fiscal year 2013;
"(C) $9,596,000,000 for fiscal year 2014;
"(D) $9,653,000,000 for fiscal year 2015;
"(E) $9,909,724,000 for each of fiscal years 2016 and 2017; and".
Subsec. (k)(1)(F). Pub. L. 115–254, §113(a), added subpar. (F) and struck out former subpar. (F) which read as follows: "$10,025,852,000 for fiscal year 2018."
Pub. L. 115–141, §103(1), added subpar. (F) and struck out former subpar. (F) which read as follows: "$4,999,191,956 for the period beginning on October 1, 2017, and ending on March 31, 2018."
Subsec. (k)(2)(D). Pub. L. 115–254, §113(b), added subpar. (D).
Subsec. (k)(3). Pub. L. 115–254, §113(c), substituted "fiscal years 2018 through 2023," for "fiscal years 2012 through 2018,".
Pub. L. 115–141, §103(2), substituted "2018" for "2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018".
Subsec. (p)(5). Pub. L. 115–254, §564, substituted "Committee," for "Committee, or" and ", or such aerospace rulemaking committees as the Secretary shall designate." for period at end.
Subsec. (s). Pub. L. 115–254, §545(a), amended subsec. (s) generally. Prior to amendment, subsec. (s) related to Chief NextGen Officer.
2017—Subsec. (k)(1)(F). Pub. L. 115–63, §103(1), added subpar. (F).
Subsec. (k)(3). Pub. L. 115–63, §103(2), inserted "and for the period beginning on October 1, 2017, and ending on March 31, 2018" after "fiscal years 2012 through 2017".
2016—Subsec. (k)(1)(E). Pub. L. 114–190, §1103(1), added subpar. (E) and struck out former subpar. (E) which read as follows: "$7,711,387,500 for the period beginning on October 1, 2015, and ending on July 15, 2016."
Pub. L. 114–141, §103(1), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: "$4,870,350,000 for the period beginning on October 1, 2015, and ending on March 31, 2016."
Subsec. (k)(3). Pub. L. 114–190, §1103(2), substituted "fiscal years 2012 through 2017," for "fiscal years 2012 through 2015 and for the period beginning on October 1, 2015, and ending on July 15, 2016,".
Pub. L. 114–141, §103(2), substituted "July 15, 2016" for "March 31, 2016".
2015—Subsec. (k)(1)(E). Pub. L. 114–55, §103(1), added subpar. (E).
Subsec. (k)(3). Pub. L. 114–55, §103(2), inserted "and for the period beginning on October 1, 2015, and ending on March 31, 2016" after "fiscal years 2012 through 2015".
2014—Subsec. (p)(7)(H), (I). Pub. L. 113–188 redesignated subpar. (I) as (H) and struck out former subsec. (H) which related to reports and other actions by the Air Traffic Services Committee, Administrator, and Comptroller General.
2012—Subsec. (b). Pub. L. 112–166, §2(k)(2)(A), substituted ", who shall be appointed" for ". The Administration has a Deputy Administrator. They are appointed".
Subsec. (d)(1). Pub. L. 112–166, §2(k)(2)(B), substituted "The Administration has a Deputy Administrator, who shall be appointed by the President. In making an appointment, the President shall consider the fitness of the appointee to efficiently carry out the duties and powers of the office. The Deputy Administrator shall" for "The Deputy Administrator must".
Subsec. (k)(1). Pub. L. 112–95, §103(a), added subpars. (A) to (D) and struck out former subpars. (A) to (H) which authorized appropriations for fiscal years 2004 through 2011 and for the period beginning Oct. 1, 2011, and ending Feb. 17, 2012.
Subsec. (k)(1)(H). Pub. L. 112–91 amended subpar. (H) generally. Prior to amendment, subpar. (H) read as follows: "$3,197,315,080 for the period beginning on October 1, 2011, and ending on January 31, 2012."
Subsec. (k)(2). Pub. L. 112–95, §103(b), redesignated subpars. (E) to (G) as (A) to (C), respectively, substituted "2012 through 2015" for "2004 through 2007" in subpars. (A) to (C), and struck out former subpars. (A) to (D) which read as follows:
"(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.
"(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
"(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
"(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses."
Subsec. (k)(2)(C). Pub. L. 112–95, §306(b), inserted "and the development and maintenance of helicopter approach procedures" before period at end.
Subsec. (k)(3). Pub. L. 112–95, §103(c), added par. (3).
Subsec. (m). Pub. L. 112–95, §203, in last sentence, inserted "with or" after "from the Administration,".
Subsec. (s). Pub. L. 112–95, §204, added subsec. (s).
Subsec. (t). Pub. L. 112–95, §341, added subsec. (t).
2011—Subsec. (k)(1)(G), (H). Pub. L. 112–30 added subpars. (G) and (H).
2010—Subsec. (k)(1)(F). Pub. L. 111–216 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$7,813,037,096 for the period beginning on October 1, 2009, and ending on August 1, 2010."
Pub. L. 111–197 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$7,070,158,159 for the period beginning on October 1, 2009, and ending on July 3, 2010."
Pub. L. 111–161 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$5,454,183,000 for the 7-month period beginning on October 1, 2009."
Pub. L. 111–153 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$4,676,574,750 for the 6-month period beginning on October 1, 2009."
2009—Subsec. (k)(1)(E). Pub. L. 111–12 substituted "$9,042,467,000 for fiscal year 2009" for "$4,516,364,500 for the 6-month period beginning on October 1, 2008".
Subsec. (k)(1)(F). Pub. L. 111–116 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$2,338,287,375 for the 3-month period beginning on October 1, 2009."
Subsec. (k)(1)(F). Pub. L. 111–69 added subpar. (F).
2008—Subsec. (k)(1)(E). Pub. L. 110–330 added subpar. (E).
2003—Subsec. (d)(2) to (4). Pub. L. 108–176, §204, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (f)(2)(A)(ii). Pub. L. 108–176, §224(c), inserted ", services," after "property".
Subsec. (k)(1). Pub. L. 108–176, §103(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
"(1)
"(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.".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Effective Date of 2003 Amendment
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."
Effective Date of 2000 Amendments
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)
Effective Date of 1997 Amendment
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."
Effective Date of 1996 Amendment
Pub. L. 104–264, §3, Oct. 9, 1996, 110 Stat. 3215, provided that:
"(a)
"(b)
Pub. L. 104–264, title II, §203, Oct. 9, 1996, 110 Stat. 3227, provided that: "The provisions of this title [enacting sections 40121, 40122, 45301, 45303, 48111, and 48201 of this title, amending this section and section 41742 of this title, renumbering section 45303 of this title as section 45304, repealing section 45301 of this title, and enacting provisions set out as notes under this section and sections 40101, 40110, and 41742 of this title] and the amendments made by this title shall take effect on the date that is 30 days after the date of the enactment of this Act [Oct. 9, 1996]."
Deemed References to Chapters 509 and 511 of Title 51
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.
Construction
Pub. L. 118–63, title II, §204(c), May 16, 2024, 138 Stat. 1041, provided that: "Nothing in this section [amending this section] or the amendments made by this section shall be construed to restrict any authority vested in the Administrator [of the Federal Aviation Administration] by statute or by delegation that was in effect on the day before the date of the enactment of this Act [May 16, 2024]."
Airspace Modernization Office
Pub. L. 118–63, title II, §207, May 16, 2024, 138 Stat. 1046, provided that:
"(a)
"(1)
"(2)
"(3)
"(A) the research and development, systems engineering, enterprise architecture, and portfolio management for the continuous modernization of the national airspace system;
"(B) the development of an information-centric national airspace system, including digitization of the processes and technology that supports such system;
"(C) improving the interoperability of FAA systems and third-party systems that support safe operations in the national airspace system; and
"(D) developing and periodically updating an integrated plan for the future state of the national airspace system in coordination with other offices of the FAA.
"(b)
"(1) A description of the demand for services that will be required of the future air transportation system, and an explanation of how the demand projections were derived, including—
"(A) the most likely range of average annual resources required over the duration of the plan to cost effectively maintain the safety, sustainability, and other characteristics of national airspace operation and the mission of the FAA; and
"(B) an estimate of FAA resource requirements by user group, including expectations concerning the growth of new entrants and potential new users.
"(2) A roadmap for creating and implementing the integrated plan, including—
"(A) the most significant technical, operational, and personnel obstacles and the activities necessary to overcome such obstacles, including the role of other Federal agencies, corporations, institutions of higher learning, and nonprofit organizations in carrying out such activities;
"(B) the annual anticipated cost of carrying out such activities;
"(C) the technical milestones that will be used to evaluate the activities; and
"(D) identifying technology gaps that the Administrator or industry may need to address to fully implement the integrated plan.
"(3) A description of the operational concepts to meet the system performance requirements for all system users and a timeline and anticipated expenditures needed to develop and deploy the system.
"(4) A description of the management of the enterprise architecture framework for the introduction of any operational improvements and to inform FAA financial decision-making.
"(5) A justification for the operational improvements that the Office determines will need to be developed and deployed by 2040 to meet the needs of national airspace users, including the benefits, costs, and risks of the preferred and alternative options.
"(c)
"(1) the results and recommendations of the independent report on implementation of the NextGen [Next Generation Air Transportation System] program under section 603 [138 Stat. 1222, not classified to the Code];
"(2) the status of the transition to, and deployment of, trajectory-based operations within the national airspace system; and
"(3) the findings of the audit required by section 622 [49 U.S.C. 44505 note], and the resulting plan to replace or enhance the identified legacy systems within a reasonable timeframe.
"(d)
"(e)
"(1)
"(2)
"(f)
"(1) assesses the justification for the integrated plan;
"(2) provides any recommendations for improving the integrated plan; and
"(3) includes any other information that the inspector general determines appropriate."
FAA Telework
Pub. L. 118–63, title II, §221, May 16, 2024, 138 Stat. 1058, provided that:
"(a)
"(1) may establish telework policies for employees of the FAA [Federal Aviation Administration] that allow for the Administrator to reduce the office footprint and associated expenses of the FAA, if appropriate, increase workforce retention, and provide flexibilities that the Administrator demonstrates increases efficiency and effectiveness of the Administration, while requiring that any such policy—
"(A) does not adversely impact the mission of the FAA;
"(B) does not reduce the safety or efficiency of the national airspace system;
"(C) for any employee that is designated as an officer or executive in the FAA Executive System or a political appointee (as such term is defined in section 106 of title 49, United States Code)—
"(i) maximizes time at a duty station for such employee, excluding official travel; and
"(ii) may include telework provisions as determined appropriate by the Administrator, commensurate with official duties for such employee;
"(D) provides for on-the-job training opportunities for FAA personnel that are not less than such opportunities available in 2019;
"(E) reflects the appropriate work status of employees based on the job functions of such employee;
"(F) optimizes the work status of inspectors, investigators, and other personnel performing safety-related functions to ensure timely completion of safety oversight activities;
"(G) provides for personnel, including such personnel performing work related to aircraft certification and flight standards, who are responsible for actively working with regulated entities, external stakeholders, or other members of the public to be—
"(i) routinely available on a predictable basis for in-person and virtual communications with external persons; and
"(ii) not hindered from meeting with, visiting, auditing, or inspecting facilities or projects of regulated persons due to any telework policy; and
"(H) provides opportunities for in-person dialogue, collaboration, and ideation for all employees;
"(2) ensures that locality pay for an employee of the FAA accurately reflects the telework status and duty station of such employee;
"(3) may not establish a telework policy for an employee of the FAA unless such employee will be provided with secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and Federal records, and equipment sufficient to enable such employee to be fully productive; and
"(4) not later than 2 years after the date of enactment of this Act [May 16, 2024], shall evaluate and address any telework policies in effect on the day before such date of enactment to ensure that such policies meet the requirements of paragraph (1).
"(b)
"(c)
"(1) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; and
"(2) labor organizations certified under such section as the exclusive bargaining representative of airway transportation systems specialists and aviation safety inspectors and engineers of the FAA."
FAA Participation in Industry Standards Organizations
Pub. L. 118–63, title II, §224, May 16, 2024, 138 Stat. 1061, provided that:
"(a)
"(b)
"(1) actively participate in the discussions and work of such organization;
"(2) accurately represent the position of the Administrator on the subject matter of such discussions and work;
"(3) contribute to the development of work products of such organization, unless determined to be inappropriate by such organization;
"(4) make reasonable efforts to identify and make any concerns of the Administrator relating to such work products known to such organization, including through providing formal comments, as may be allowed for under the procedures of such organization;
"(5) provide regular updates to other FAA employees and management on the progress of such work products; and
"(6) seek advice and input from other FAA employees and management, as needed.
"(c)
"(1) uses agreed upon procedures to develop aviation-related industry standards or means of compliance, including standards or means of compliance that satisfy FAA requirements or guidance;
"(2) is comprised of members of the public, including subject matter experts, industry representatives, academics and researchers, and government employees; and
"(3) has had at least 1 standard or means of compliance accepted by the Administrator or referenced in guidance material or a regulation issued by the FAA after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176) [Dec. 12, 2003]."
Required Designation
Pub. L. 118–63, title II, §226, May 16, 2024, 138 Stat. 1062, provided that: "The Administrator [of the Federal Aviation Administration] shall designate any aviation rulemaking committee convened under this Act [see Tables for classification] pursuant to section 106(p)(5) of title 49, United States Code."
FAA Engagement and Collaboration With HBCUs and MSIs
Pub. L. 118–63, title IV, §404, May 16, 2024, 138 Stat. 1152, provided that:
"(a)
"(1) shall continue—
"(A) to partner with and conduct outreach to Historically Black Colleges and Universities and minority serving institutions to promote awareness of educational and career opportunities, including the Educational Partnership Initiative of the FAA [Federal Aviation Administration], and develop curriculum related to aerospace, aviation, and air traffic control; and
"(B) operation of the Minority Serving Institutions Internship Program; and
"(2) may—
"(A) make internship placements under the Minority Serving Institutions Internship Program available during academic sessions throughout the year; and
"(B) extend an internship placement under the Minority Serving Institutions Internship Program for a student beyond a single academic session.
"(b)
"(1) The total number of applicants.
"(2) The total number of applicants offered an internship and the total number of applicants who accept an internship.
"(3) The line of business in which each intern is placed.
"(4) The conversion rate of interns in the Program who are hired as full-time FAA employees.
"(c)
Prohibition on Mandates
Pub. L. 118–63, title XI, §1106, May 16, 2024, 138 Stat. 1417, provided that:
"(a)
"(b)
"(1) employees of air carriers be vaccinated against COVID–19;
"(2) employees of the FAA [Federal Aviation Administration] be vaccinated against COVID–19; or
"(3) passengers of air carriers be vaccinated against COVID–19 or wear a mask as a result of a COVID–19 related public health measure."
Emergency FAA Employee Leave Fund
Pub. L. 117–2, title VII, §7103, Mar. 11, 2021, 135 Stat. 98, provided that:
"(a)
"(b)
"(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
"(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
"(3) is caring for an individual who is subject to such an order or has been so advised;
"(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
"(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;
"(6) is experiencing any other substantially similar condition;
"(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or
"(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization.
"(c)
"(1)
"(2)
"(A) shall be provided to an employee of the Administration in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;
"(B) shall be paid at the same hourly rate as other leave payments; and
"(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee.
"(3)
"(A) is in addition to any other leave provided to an employee of the Administration; and
"(B) may not be used by an employee of the Administration concurrently with any other paid leave.
"(4)
Regional Ombudsmen
Pub. L. 115–254, div. B, title I, §180, Oct. 5, 2018, 132 Stat. 3230, provided that:
"(a)
"(b)
"(1) serve as a regional liaison with the public, including community groups, on issues regarding aircraft noise, pollution, and safety;
"(2) make recommendations to the Administrator for the region to address concerns raised by the public and improve the consideration of public comments in decision-making processes; and
"(3) be consulted on proposed changes in aircraft operations affecting the region, including arrival and departure routes, in order to minimize environmental impacts, including noise."
Federal Aviation Administration Performance Measures and Targets
Pub. L. 115–254, div. B, title V, §558, Oct. 5, 2018, 132 Stat. 3383, provided that:
"(a)
"(1) the timely and cost-effective completion of projects; and
"(2) the effectiveness of the Administration in achieving the goals described in section 47171 of title 49, United States Code.
"(b)
"(c)
Assistant Administrator for Research and Development
Pub. L. 115–254, div. B, title VII, §711, Oct. 5, 2018, 132 Stat. 3410, provided that:
"(a)
"(b)
"(1) management and oversight of all the FAA's [Federal Aviation Administration's] research and development programs and activities; and
"(2) production of all congressional reports from the FAA relevant to research and development, including the national aviation research plan required under section 44501(c) of title 49, United States Code.
"(c)
Educational Requirements
Pub. L. 112–95, title II, §223, Feb. 14, 2012, 126 Stat. 55, provided that: "The Administrator of the Federal Aviation Administration shall make payments to the Department of Defense for the education of dependent children of those Administration employees in Puerto Rico and Guam as they are subject to transfer by policy and practice and meet the eligibility requirements of section 2164(c) of title 10, United States Code."
FAA Review and Reform
Pub. L. 115–254, div. B, title V, §511, Oct. 5, 2018, 132 Stat. 3356, provided that:
"(a)
"(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices;
"(2) eliminating or streamlining wasteful practices;
"(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions;
"(4) reforming and streamlining inefficient processes so that the activities of the Administration are completed in an expedited and efficient manner; and
"(5) reforming or eliminating ineffectual or outdated policies.
"(b)
"(1) duplicative positions, programs, roles, or offices;
"(2) wasteful practices;
"(3) redundant, obsolete, or unnecessary functions;
"(4) inefficient processes; and
"(5) ineffectual or outdated policies.
"(c)
"(d)
[For definitions of terms used in section 511 of Pub. L. 115–254, set out above, see sections 101 and 501 of Pub. L. 115–254, set out as notes under section 40101 of this title.]
Pub. L. 112–95, title VIII, §812, Feb. 14, 2012, 126 Stat. 124, provided that:
"(a)
"(1) duplicative positions, programs, roles, or offices;
"(2) wasteful practices;
"(3) redundant, obsolete, or unnecessary functions;
"(4) inefficient processes; and
"(5) ineffectual or outdated policies.
"(b)
"(1) consolidating, phasing-out, or eliminating duplicative positions, programs, roles, or offices;
"(2) eliminating or streamlining wasteful practices;
"(3) eliminating or phasing-out redundant, obsolete, or unnecessary functions;
"(4) reforming and streamlining inefficient processes so that the activities of the Administration are completed in an expedited and efficient manner; and
"(5) reforming or eliminating ineffectual or outdated policies.
"(c)
"(d)
Orphan Aviation Earmarks
Pub. L. 112–95, title VIII, §825, Feb. 14, 2012, 126 Stat. 131, provided that:
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) a listing of each earmark related to the Administration and with respect to which there is an unobligated balance of appropriated amounts, which shall include the amount of the original earmark, the amount of the unobligated balance related to that earmark, and the date on which the funding expires, if applicable;
"(B) the number of rescissions under subsection (b) and the savings resulting from those rescissions for the previous fiscal year; and
"(C) a listing of earmarks related to the Administration with amounts scheduled for rescission at the end of the current fiscal year."
Federal Aviation Administration Science and Technology Scholarship Program
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."
Internet Availability of Information
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."
Findings
Pub. L. 104–264, title II, §221, Oct. 9, 1996, 110 Stat. 3227, provided that: "Congress finds the following:
"(1) In many respects the Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry.
"(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Administration's services.
"(3) The Administration must become a more efficient, effective, and different organization to meet future challenges.
"(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration's future budget needs.
"(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which such funds were collected.
"(6) The aviation community and the employees of the Administration must come together to improve the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity.
"(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met.
"(8) Absent significant and meaningful reform, future challenges and needs cannot be met.
"(9) The Administration must have a new way of doing business.
"(10) There is widespread agreement within government and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade.
"(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment.
"(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure.
"(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation's airports.
"(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Administration.
"(15) The existing budget system does not allow for long-term planning or timely acquisition of technology by the Administration.
"(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur.
"(17) All reforms should be designed to help the Administration become more responsive to the needs of its customers and maintain the highest standards of safety."
Purposes
Pub. L. 104–264, title II, §222, Oct. 9, 1996, 110 Stat. 3229, provided that: "The purposes of this title [see Effective Date of 1996 Amendment note set out above] are—
"(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication;
"(2) to permit the Administration, with Congressional review, to establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
"(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and
"(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the traveling public."
Preservation of Existing Authority
Pub. L. 104–264, title II, §223(b), Oct. 9, 1996, 110 Stat. 3230, provided that: "Nothing in this title [see Effective Date of 1996 Amendment note set out above] or the amendments made by this title limits any authority granted to the Administrator by statute or by delegation that was in effect on the day before the date of the enactment of this Act [Oct. 9, 1996]."
Personnel Management System for Federal Aviation Administration
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.
Dependents of Federal Aviation Administration Personnel
Pub. L. 106–346, §101(a) [title III, §303], Oct. 23, 2000, 114 Stat. 1356, 1356A-23, as amended by Pub. L. 114–95, title IX, §9215(x), Dec. 10, 2015, 129 Stat. 2172, provided that: "Hereafter, funds appropriated under this or any other Act for expenditures by the Federal Aviation Administration shall be available: (1) except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.], for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and (2) for transportation of said dependents between schools serving the area that they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 106–69, title III, §303, Oct. 9, 1999, 113 Stat. 1015.
Pub. L. 105–277, div. A, §101(g) [title III, §303], Oct. 21, 1998, 112 Stat. 2681–439, 2681-464.
Pub. L. 105–66, title III, §303, Oct. 27, 1997, 111 Stat. 1441.
Pub. L. 104–205, title III, §303, Sept. 30, 1996, 110 Stat. 2968.
Pub. L. 104–50, title III, §303, Nov. 15, 1995, 109 Stat. 453.
Pub. L. 103–331, title III, §303, Sept. 30, 1994, 108 Stat. 2488.
Pub. L. 103–122, title III, §303, Oct. 27, 1993, 107 Stat. 1219.
Pub. L. 102–388, title III, §303, Oct. 6, 1992, 106 Stat. 1543.
Pub. L. 102–143, title III, §303, Oct. 28, 1991, 105 Stat. 939.
Pub. L. 101–516, title III, §303, Nov. 5, 1990, 104 Stat. 2178.
Pub. L. 101–164, title III, §303, Nov. 21, 1989, 103 Stat. 1091.
Pub. L. 100–457, title III, §303, Sept. 30, 1988, 102 Stat. 2146.
Pub. L. 100–202, §101(l) [title III, §303], Dec. 22, 1987, 101 Stat. 1329–358, 1329-377.
Pub. L. 99–500, §101(l) [H.R. 5205, title III, §303], Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, §101(l), Oct. 30, 1986, 100 Stat. 3341–308.
Pub. L. 99–190, §101(e) [title III, §303], Dec. 19, 1985, 99 Stat. 1267, 1284.
Pub. L. 98–473, title I, §101(i) [title III, §303], Oct. 12, 1984, 98 Stat. 1944, 1961.
Pub. L. 98–78, title III, §303, Aug. 15, 1983, 97 Stat. 470.
Pub. L. 97–369, title III, §306, Dec. 18, 1982, 96 Stat. 1781.
Pub. L. 97–102, title III, §306, Dec. 23, 1981, 95 Stat. 1458.
Pub. L. 96–400, title III, §306, Oct. 9, 1980, 94 Stat. 1695.
Pub. L. 96–131, title III, §307, Nov. 30, 1979, 93 Stat. 1037.
Pub. L. 95–335, title III, §310, Aug. 4, 1978, 92 Stat. 448.
Pub. L. 95–85, title III, §310, Aug. 2, 1977, 91 Stat. 416.
Pub. L. 94–387, title III, §312, Aug. 14, 1976, 90 Stat. 1185.
Pub. L. 94–134, title III, §310, Nov. 24, 1975, 89 Stat. 711.
Pub. L. 93–391, title III, §311, Aug. 28, 1974, 88 Stat. 780.
Pub. L. 93–98, title III, §313, Aug. 16, 1973, 87 Stat. 340.
Pub. L. 92–398, title III, §313, Aug. 22, 1972, 86 Stat. 591.
Pub. L. 92–74, title I, Aug. 10, 1971, 85 Stat. 203.
Pub. L. 91–168, title I, Dec. 26, 1969, 83 Stat. 455.
Pub. L. 90–464, title I, Aug. 8, 1968, 82 Stat. 655.
Pub. L. 90–112, title II, Oct. 23, 1967, 81 Stat. 312.
Pub. L. 89–474, title I, June 29, 1966, 80 Stat. 223.
Pub. L. 89–57, title I, June 30, 1965, 79 Stat. 197.
Pub. L. 88–392, title I, Aug. 1, 1964, 78 Stat. 369.
Pub. L. 88–39, title I, June 13, 1963, 77 Stat. 59.
Pub. L. 87–575, title I, Aug. 6, 1962, 76 Stat. 311.
Pub. L. 87–159, title I, Aug. 21, 1961, 75 Stat. 395.
Pub. L. 86–561, title I, June 30, 1960, 74 Stat. 285.
Pub. L. 86–39, title I, June 11, 1959, 73 Stat. 67.
Pub. L. 85–354, title I, Mar. 28, 1958, 72 Stat. 63.
Pub. L. 85–37, title I, May 27, 1957, 71 Stat. 37.
Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.
June 1, 1955, ch. 113, title I, 69 Stat. 74.
May 28, 1954, ch. 242, title I, 68 Stat. 146.
June 18, 1953, ch. 132, title I, 67 Stat. 69.
Aviation Safety Commission
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.
Appointment of Retired Military Officer as Administrator
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.
Executive Documents
Ex. Ord. No. 13180. Air Traffic Performance-Based Organization
Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation's air transportation system, it is hereby ordered as follows:
(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.
Definitions for Title II of Pub. L. 104–264
Pub. L. 104–264, title II, §202, Oct. 9, 1996, 110 Stat. 3227, provided that: "In this title [see Effective Date of 1996 Amendment note set out above], the following definitions apply:
"(1)
"(2)
"(3)
1 So in original. Probably should be "subclause (I)".
2 See References in Text note below.
3 So in original. Probably should be "section 1105 of title 31,".
§107. Federal Transit Administration
(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, §3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)
| 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.
Editorial Notes
Amendments
1991—Pub. L. 102–240 substituted "Federal Transit Administration" for "Urban Mass Transportation Administration" in section catchline and subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 102–240, title III, §3004(a), (b), Dec. 18, 1991, 105 Stat. 2088, provided that:
"(a)
"(b)
§108. Pipeline and Hazardous Materials Safety Administration
(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.
Pub. L. 103–272
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.
Editorial Notes
Amendments
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).
Statutory Notes and Related Subsidiaries
Savings Provisions
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)
Workforce Management
Pub. L. 114–183, §9, June 22, 2016, 130 Stat. 520, provided that:
"(a)
"(1) geographic allocation plans, hiring and time-to-hire challenges, and expected retirement rates and recruitment and retention strategies;
"(2) an identification and description of any previous periods of macroeconomic and pipeline industry conditions under which the Pipeline and Hazardous Materials Safety Administration has encountered difficulty in filling vacancies, and the degree to which special hiring authorities, including direct hiring authority authorized by the Office of Personnel Management, could have ameliorated such difficulty; and
"(3) recommendations to address hiring challenges, training needs, and any other identified staff resource challenges.
"(b)
"(c)
Transfer of Duties and Powers of Research and Special Programs Administration
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 former section 112 of this title.
Pub. L. 108–426, §7, Nov. 30, 2004, 118 Stat. 2428, provided that: "The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004]."
Reports
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
§109. Maritime Administration
(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.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, §5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, §12, Oct. 6, 2006, 120 Stat. 1698; Pub. L. 111–84, div. C, title XXXV, §3508, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, §1075(d)(26), Jan. 7, 2011, 124 Stat. 4374; Pub. L. 112–213, title IV, §409, Dec. 20, 2012, 126 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, §3505(g), Dec. 23, 2016, 130 Stat. 2776.)
| 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.
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.
Editorial Notes
Amendments
2016—Subsec. (j)(3). Pub. L. 114–328 struck out par. (3). Text read as follows: "Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies."
2012—Subsec. (a). Pub. L. 112–213 substituted "Organization and Mission" for "Organization" in heading and inserted at end of text "The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States."
2011—Subsec. (h). Pub. L. 111–383 made technical amendment to directory language of Pub. L. 111–84, §3508(1). See 2009 Amendment note below.
2009—Subsec. (h). Pub. L. 111–84, §3508(1), as amended by Pub. L. 111–383, substituted "Contracts, Cooperative Agreements, and Audits" for "Contracts and Audits" in heading.
Subsec. (h)(1). Pub. L. 111–84, §3508(2), (3), substituted "Contracts and cooperative agreements" for "Contracts" in heading and "make contracts and cooperative agreements" for "make contracts" in introductory provisions.
Subsec. (h)(1)(A). Pub. L. 111–84, §3508(4), (5), substituted "section," for "section and" and "title 46, and all other Maritime Administration programs;" for "title 46;".
Subsecs. (i), (j). Pub. L. 111–84, §3508(6), added subsec. (i) and redesignated former subsec. (i) as (j).
2006—Pub. L. 109–304 amended section generally. Prior to amendment, section read as follows:
"(a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in the Department of Transportation.
"(b) The Administrator of the Administration appointed under section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports directly to the Secretary of Transportation."
1994—Pub. L. 103–272 inserted "App." after "(46" in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
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.
References in Other Federal Laws to Functions or Offices Transferred
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."
Workforce Plans and Onboarding Policies
Pub. L. 114–328, div. C, title XXXV, §3519, Dec. 23, 2016, 130 Stat. 2792, provided that:
"(a)
"(1) leadership positions;
"(2) human resources positions; and
"(3) transportation specialist positions.
"(b)
"(1) review the Maritime Administration's policies related to new hire orientation, training, and misconduct;
"(2) align the onboarding policies and procedures at headquarters and the field offices to ensure consistent implementation and provision of critical information across the Maritime Administration; and
"(3) update the Maritime Administration's training policies and training systems to include controls that ensure that all completed training is tracked in a standardized training repository.
"(c)
Drug and Alcohol Policy
Pub. L. 114–328, div. C, title XXXV, §3520, Dec. 23, 2016, 130 Stat. 2792, provided that:
"(a)
"(1) review the Maritime Administration's drug and alcohol policies, procedures, and training practices;
"(2) ensure that all fleet managers have received training on the Department of Transportation's drug and alcohol policy, including the testing procedures used by the Department and the Maritime Administration in cases of reasonable suspicion; and
"(3) institute a system for tracking all drug and alcohol policy training conducted under paragraph (2) in a standardized training repository.
"(b)
Expansion of the Marine View System
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."
§110. Great Lakes St. Lawrence Seaway Development Corporation
(a) The Great Lakes St. Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, §4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116–260, div. AA, title V, §512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.)
| 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.
Editorial Notes
Amendments
2020—Pub. L. 116–260, §512(c)(7)(A)(i)(I), substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation" in section catchline.
Subsec. (a). Pub. L. 116–260, §512(c)(7)(A)(i)(II), substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".
1994—Subsec. (a). Pub. L. 103–272 substituted "Saint Lawrence" for "St. Lawrence".
[§111. Repealed. Pub. L. 112–141, div. E, title II, §52011(c)(1), July 6, 2012, 126 Stat. 895]
Section, added Pub. L. 102–240, title VI, §6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104–287, §5(2), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, §1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, §4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, §5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, §3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, §5601(a), Aug. 10, 2005, 119 Stat. 1833, established the Bureau of Transportation Statistics. See chapter 63 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
[§112. Repealed. Pub. L. 114–94, div. A, title VI, §6012(a), Dec. 4, 2015, 129 Stat. 1570]
Section, added Pub. L. 102–508, title IV, §401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, §6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, §4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, §7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, §52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to establishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. See Transfer of Duties and Powers note below.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Transfer of Duties and Powers
Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: "That notwithstanding any other provision of law, the powers and duties, functions, authorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided further, That notwithstanding section 102 of title 49 and section 5315 of title 5, United States Code, there shall be an Assistant Secretary for Research and Technology within the Office of the Secretary, appointed by the President with the advice and consent of the Senate, to lead such office: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation."
[Pub. L. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 300, provided in part: "That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation."]
[Similar provisions were contained in the following prior appropriations acts:
[Pub. L. 117–328, div. L, title I, Dec. 29, 2022, 136 Stat. 5094.]
[Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 684.]
[Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1824.]
[Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2934.]
[Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 396.]
[Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 972.]
[Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 725.]
[Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2835.]
[Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696.]
Pub. L. 108–426, §4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: "The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration."
For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
§113. Federal Motor Carrier Safety Administration
(a)
(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.)
Statutory Notes and Related Subsidiaries
Effective Date
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.
Guidance
Pub. L. 114–94, div. A, title V, §5203, Dec. 4, 2015, 129 Stat. 1535, provided that:
"(a)
"(1)
"(2)
"(A)
"(B)
"(3)
"(4)
"(A) reissue an updated version of the guidance document; and
"(B) review and reissue an updated version of the guidance document every 5 years until the date on which the guidance document is removed or incorporated into applicable regulations.
"(b)
"(c)
"(1)
"(A) consistent and clear;
"(B) uniformly and consistently enforced; and
"(C) still necessary.
"(2)
"(3)
"(A)
"(B)
"(d)
"(1) provides an interpretation of a regulation of the Administration; or
"(2) includes an enforcement policy of the Administration available to the public."
Petitions
Pub. L. 114–94, div. A, title V, §5204, Dec. 4, 2015, 129 Stat. 1536, provided that:
"(a)
"(1) publish on a publicly accessible Internet Web site of the Department [of Transportation] a summary of all petitions for regulatory action submitted to the Administration;
"(2) prioritize the petitions submitted based on the likelihood of safety improvements resulting from the regulatory action requested;
"(3) not later than 180 days after the date a summary of a petition is published under paragraph (1), formally respond to such petition by indicating whether the Administrator will accept, deny, or further review the petition;
"(4) prioritize responses to petitions consistent with a petition's potential to reduce crashes, improve enforcement, and reduce unnecessary burdens; and
"(5) not later than 60 days after the date of receipt of a petition, publish on a publicly accessible Internet Web site of the Department an updated inventory of the petitions described in paragraph (1), including any applicable disposition information for those petitions.
"(b)
"(c)
"(1) a new regulation;
"(2) a regulatory interpretation or clarification; or
"(3) a determination by the Administrator that a regulation should be modified or eliminated because it is—
"(A) no longer—
"(i) consistent and clear;
"(ii) current with the operational realities of the motor carrier industry; or
"(iii) uniformly enforced;
"(B) ineffective; or
"(C) overly burdensome."
Prioritizing Statutory Rulemakings
Pub. L. 114–94, div. A, title V, §5302, Dec. 4, 2015, 129 Stat. 1543, provided that: "The Administrator of the Federal Motor Carrier Safety Administration shall prioritize the completion of each outstanding rulemaking required by statute before beginning any other rulemaking, unless the Secretary [of Transportation] determines that there is a significant need for such other rulemaking and notifies Congress of such determination."
Findings
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."
Purposes
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."
Savings Provision
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)
§114. Transportation Security Administration
(a)
(b)
(1)
(A)
(B)
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C)
(2)
(A)
(B)
(C)
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(3)
(A)
(B)
(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;
(15) establish and maintain a National Deployment Office as required under section 44948 of this title; and
(16) carry out such other duties, and exercise such other powers, relating to transportation security as the Administrator considers appropriate, to the extent authorized by law.
(g)
(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 of Homeland Security 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 Administrator considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Administrator considers necessary;
(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;
(D) to acquire services, including such personal services as the Secretary of Homeland Security determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.
(2)
(k)
(l)
(1)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(m)
(1)
(2)
(n)
(1)
(2)
(A) for purposes of applying such provisions to the personnel management system—
(i) the term "agency" means the Department of Homeland Security;
(ii) the term "senior executive" means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;
(iii) the term "career appointee" means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and
(iv) The 1 term "senior career employee" means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;
(B) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system; and
(C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system.
(3)
(A) subsections (b), (c) and (d) of section 4507 of title 5; and
(B) subsections (b) and (c) of section 4507a of title 5.
(o)
(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) 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)
(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 of Homeland Security.
(iii)
(C)
(D)
(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)
(t)
(1)
(A)
(B)
(C)
(D)
(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 of Homeland Security that has the primary authority, or has been delegated such authority by the Secretary of Homeland Security, to regulate the security of that transportation mode;
(C) a reasonable deadline by which the Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5)
(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)
(7)
(8)
(u)
(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 of Defense'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 of Homeland Security receives the request not later than 30 days after the date on which the person receives notice.
(4)
(A) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5)
(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)
(v)
(1) $7,849,247,000 for fiscal year 2019;
(2) $7,888,494,000 for fiscal year 2020; and
(3) $7,917,936,000 for fiscal year 2021.
(w)
(1)
(A) report directly to the Administrator or the Administrator's designated direct report; and
(B) be responsible and accountable for that area.
(2)
(A) Aviation security operations and training, including risk-based, adaptive security—
(i) focused on airport checkpoint and baggage screening operations;
(ii) workforce training and development programs; and
(iii) ensuring compliance with aviation security law, including regulations, and other specialized programs designed to secure air transportation.
(B) Surface transportation security operations and training, including risk-based, adaptive security—
(i) focused on accomplishing security systems assessments;
(ii) reviewing and prioritizing projects for appropriated surface transportation security grants;
(iii) operator compliance with surface transportation security law, including regulations, and voluntary industry standards; and
(iv) workforce training and development programs, and other specialized programs designed to secure surface transportation.
(C) Transportation industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime.
(D) International strategy and operations, including agency efforts to work with international partners to secure the global transportation network.
(E) Trusted and registered traveler programs, including the management and marketing of the agency's trusted traveler initiatives, including the PreCheck Program, and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector.
(F) Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs.
(G) Inspection and compliance, including the integrity, efficiency and effectiveness of the agency's workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory compliance.
(H) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling public are treated in a fair and lawful manner consistent with Federal laws and regulations protecting privacy and prohibiting discrimination and reprisal.
(I) Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency to achieve congressional approval or authorization of agency programs and policies.
(3)
(A) not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and
(B) an update of the list not later than 5 days after any new individual is appointed under paragraph (1).
(x)
(1)
(2)
(A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022.
(B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022.
(C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022.
(D) All relevant reports and recommendations regarding the Administration's response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security.
(E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic.
(3)
(A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners:
(i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces.
(ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title.
(iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers.
(iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C).
(v) The traveling public.
(B) Plans for protecting the safety of the Transportation Security Administration workforce, including—
(i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration's workforce related to the Administration's transportation security operations and mission;
(ii) ensuring the safety and hygiene of screening checkpoints and other workstations;
(iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and
(iv) tracking rates of employee illness, recovery, and death.
(C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions.
(D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak.
(E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak.
(F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes.
(G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures.
(H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak.
(4)
(5)
(Added Pub. L. 107–71, title I, §101(a), Nov. 19, 2001, 115 Stat. 597; amended Pub. L. 107–296, title XVI, §1601(b), title XVII, §1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, §351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–458, title IV, §4001(a), Dec. 17, 2004, 118 Stat. 3710; Pub. L. 110–53, title XII, §§1202, 1203(a), title XIII, §1302(a), title XV, §1503(a), Aug. 3, 2007, 121 Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, title V, §568(a), Dec. 26, 2007, 121 Stat. 2092; Pub. L. 111–83, title V, §561(c)(1), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 114–301, §2(d), Dec. 16, 2016, 130 Stat. 1514; Pub. L. 115–254, div. K, title I, §§1903, 1904(a), (b)(1), 1905, 1909, 1988(c), Oct. 5, 2018, 132 Stat. 3543, 3544, 3546, 3549, 3623; Pub. L. 117–81, div. F, title LXIV, §6412(a), Dec. 27, 2021, 135 Stat. 2409; Pub. L. 117–286, §4(b)(95), Dec. 27, 2022, 136 Stat. 4353.)
Editorial Notes
References in Text
The date of enactment of the TSA Modernization Act, referred to in subsecs. (b)(1)(C) and (w)(3)(A), is the date of enactment of title I of div. K of Pub. L. 115–254, which was approved Oct. 5, 2018.
The Aviation and Transportation Security Act, referred to in subsec. (r)(1), is Pub. L. 107–71, Nov. 19, 2001, 115 Stat. 597. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 101 of this title and Tables.
The Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(B), is Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 266. Section 1410 of the Act is classified to section 1139 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title of 2007 Amendment note set out under section 101 of Title 6 and Tables.
The date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, referred to in subsec. (s)(3)(F), is the date of enactment of Pub. L. 110–53, which was approved Aug. 3, 2007.
The date of the enactment of this subsection, referred to in subsec. (x)(1), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.
Section 6411 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (x)(2)(A), is section 6411 of div. F of Pub. L. 117–81, Dec. 27, 2021, 135 Stat. 2409, which is not classified to the Code.
Section 6414 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (x)(2)(B), is section 6414 of div. F of Pub. L. 117–81, Dec. 27, 2021, 135 Stat. 2412, which is not classified to the Code.
Section 6415 of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (x)(2)(C), is section 6415 of Pub. L. 117–81, which is set out as a note under section 44901 of this title.
Amendments
2022—Subsec. (o). Pub. L. 117–286 substituted "chapter 4 of title 5" for "the Inspector General Act of 1978 (5 U.S.C. App.)".
2021—Subsec. (x). Pub. L. 117–81 added subsec. (x).
2018—Pub. L. 115–254, §1904(a)(3), substituted "Administrator" for "Under Secretary" wherever appearing in subsecs. (c) to (n), (p), (q), and (r).
Subsec. (a). Pub. L. 115–254, §1904(a)(1), substituted "Department of Homeland Security" for "Department of Transportation".
Subsec. (b). Pub. L. 115–254, §1904(a)(2), amended subsec. (b) generally. Prior to amendment, text read as follows:
"(1)
"(2)
"(A) be a citizen of the United States; and
"(B) have experience in a field directly related to transportation or security.
"(3)
Subsec. (f)(15), (16). Pub. L. 115–254, §1988(c), added par. (15) and redesignated former par. (15) as (16).
Subsec. (g)(1). Pub. L. 115–254, §1904(b)(1)(A)(i)(I), substituted "Subject to the direction and control of the Secretary of Homeland Security" for "Subject to the direction and control of the Secretary" in introductory provisions.
Subsecs. (g)(1)(D), (3), (j)(1)(D). Pub. L. 115–254, §1904(b)(1)(A)(i)(II), (ii), (B), inserted "of Homeland Security" after "Secretary".
Subsec. (k). Pub. L. 115–254, §1904(b)(1)(C), substituted "functions assigned" for "functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act,".
Subsec. (l)(4)(B). Pub. L. 115–254, §1904(b)(1)(D), substituted "Administrator of the Federal Aviation Administration under subparagraph (A)" for "Administrator under subparagraph (A)".
Subsec. (n). Pub. L. 115–254, §1909, inserted par. (1) designation and heading before "The personnel management system", added pars. (2) and (3), and realigned margins.
Pub. L. 115–254, §1904(b)(1)(E), substituted "Department of Homeland Security" for "Department of Transportation".
Subsec. (o). Pub. L. 115–254, §1904(b)(1)(F), substituted "Department of Homeland Security" for "Department of Transportation".
Subsec. (p)(4). Pub. L. 115–254, §1904(b)(1)(G), substituted "Secretary of Homeland Security" for "Secretary of Transportation".
Subsec. (s)(3)(B). Pub. L. 115–254, §1904(b)(1)(H)(i), inserted closing parenthesis after "Act of 2007".
Subsec. (s)(4). Pub. L. 115–254, §1904(b)(1)(H)(ii)(I), substituted "Submission of plans" for "Submissions of plans to Congress" in heading.
Subsec. (s)(4)(A). Pub. L. 115–254, §1904(b)(1)(H)(ii)(IV)(bb), which directed amendment of subpar. (A) by substituting "The" for "After December 31, 2015, the", was executed by making the substitution for "After December 31, 2005, the" to reflect the probable intent of Congress.
Pub. L. 115–254, §1904(b)(1)(H)(ii)(IV)(aa), substituted "In general" for "Subsequent versions" in heading.
Pub. L. 115–254, §1904(b)(1)(H)(ii)(II), (III), redesignated subpar. (B) as (A) and struck out former subpar. (A). Prior to amendment, text of subpar. (A) read as follows: "The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 2005."
Subsec. (s)(4)(B). Pub. L. 115–254, §1904(b)(1)(H)(ii)(III), redesignated subpar. (C) as (B). Former subpar. (B) redesignated (A).
Subsec. (s)(4)(B)(ii)(III)(cc). Pub. L. 115–254, §1904(b)(1)(H)(ii)(V), substituted "for the Department of Homeland Security" for "for the Department".
Subsec. (s)(4)(C) to (E). Pub. L. 115–254, §1904(b)(1)(H)(ii)(III), redesignated subpars. (D) and (E) as (C) and (D), respectively. Former subpar. (C) redesignated (B).
Subsec. (t). Pub. L. 115–254, §1904(b)(1)(I), redesignated subsec. (u) as (t).
Subsec. (t)(1)(D), (E). Pub. L. 115–254, §1904(b)(1)(J)(i), redesignated subpar. (E) as (D) and struck out former subpar. (D). Prior to amendment, text of subpar. (D) read as follows: "The term 'Secretary' means the Secretary of Homeland Security."
Subsec. (t)(2). Pub. L. 115–254, §1904(b)(1)(J)(ii), inserted "of Homeland Security" after "Plan, the Secretary".
Subsec. (t)(4)(B). Pub. L. 115–254, §1904(b)(1)(J)(iii), inserted "of Homeland Security" after "agency within the Department" and after "Secretary".
Subsec. (t)(6). Pub. L. 115–254, §1904(b)(1)(J)(iv), amended par. (6) generally. Prior to amendment, text read as follows:
"(A)
"(B)
Subsec. (t)(7), (8). Pub. L. 115–254, §1904(b)(1)(J)(v), inserted "of Homeland Security" after "Secretary".
Subsec. (u). Pub. L. 115–254, §1904(b)(1)(I), redesignated subsec. (v) as (u). Former subsec. (u) redesignated (t).
Subsec. (u)(1)(B). Pub. L. 115–254, §1904(b)(1)(K)(i)(I), inserted "or the Administrator" after "Secretary of Homeland Security".
Subsec. (u)(1)(C)(ii). Pub. L. 115–254, §1904(b)(1)(K)(i)(II), substituted "Secretary of Defense's designee" for "Secretary's designee".
Subsec. (u)(3)(B) to (E), (4)(A), (5). Pub. L. 115–254, §1904(b)(1)(K)(i)(III), (ii), (iii), inserted "of Homeland Security" after "Secretary" wherever appearing.
Subsec. (u)(7)(A). Pub. L. 115–254, §1904(b)(1)(K)(iv)(I), substituted "The Secretary of Homeland Security" for "Not later than December 31, 2008, and annually thereafter, the Secretary" in introductory provisions.
Subsec. (u)(7)(D). Pub. L. 115–254, §1904(b)(1)(K)(iv)(II), struck out subpar. (D). Text read as follows: "Not later than 180 days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary shall provide a report to the public describing the enforcement process established under this subsection."
Subsec. (v). Pub. L. 115–254, §1904(b)(1)(I), redesignated subsec. (w) as (v). Former subsec. (v) redesignated (u).
Subsec. (w). Pub. L. 115–254, §1905, added subsec. (w). Former subsec. (w) redesignated (v).
Pub. L. 115–254, §1903, amended subsec. (w) generally. Prior to amendment, subsec. (w) related to authorization of appropriations for railroad, over-the-road bus and trucking, and hazardous material and pipeline security for fiscal years 2008 through 2011.
2016—Subsec. (u)(1)(A). Pub. L. 114–301, §2(d)(1), substituted "subsection (s)(4)(E)" for "subsection (t)".
Subsec. (u)(7) to (9). Pub. L. 114–301, §2(d)(2), (3), redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7) which related to surveys and reports.
2009—Subsec. (r)(4). Pub. L. 111–83 added par. (4).
2007—Subsecs. (o) to (s). Pub. L. 110–161 redesignated subsecs. (p) to (s) as (o) to (r), respectively, and struck out former subsec. (o). Text of former subsec. (o) read as follows: "The acquisition management system established by the Administrator of the Federal Aviation Administration under section 40110 shall apply to acquisitions of equipment, supplies, and materials by the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such modifications to the acquisition management system with respect to such acquisitions of equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects of other acquisition management systems of the Department of Transportation."
Subsec. (t). Pub. L. 110–161 redesignated subsec. (t) as (s).
Subsec. (t)(1)(B). Pub. L. 110–53, §1202(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "transportation modal security plans."
Subsec. (t)(3)(B). Pub. L. 110–53, §1202(b)(1), inserted ", based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007" after "risk-based priorities".
Subsec. (t)(3)(D). Pub. L. 110–53, §1202(b)(2), substituted "local, and tribal" for "and local" and "cooperation and participation by private sector entities, including nonprofit employee labor organizations," for "private sector cooperation and participation".
Subsec. (t)(3)(E). Pub. L. 110–53, §1202(b)(3), substituted "prevention, response, and recovery" for "response and recovery" and inserted "and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems" before period at end.
Subsec. (t)(3)(F). Pub. L. 110–53, §1202(b)(4), inserted at end "Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007."
Subsec. (t)(3)(G) to (I). Pub. L. 110–53, §1202(b)(5), added subpars. (G) to (I).
Subsec. (t)(4)(C)(i). Pub. L. 110–53, §1202(c)(1)(A), inserted ", including the transportation modal security plans" before period at end.
Subsec. (t)(4)(C)(ii), (iii). Pub. L. 110–53, §1202(c)(1)(B), added cls. (ii) and (iii) and struck out former cl. (ii). Text of former cl. (ii) read as follows: "Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal security plans that the Secretary, in consultation with the Secretary of Transportation, considers appropriate."
Subsec. (t)(4)(E). Pub. L. 110–53, §1202(c)(2), added subpar. (E) and struck out former subpar. (E). Text of former subpar. (E) read as follows: "In this subsection, the term 'appropriate congressional committees' means the Committee on Transportation and Infrastructure and the Select Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate."
Subsec. (t)(5)(B)(iv), (v). Pub. L. 110–53, §1202(d), added cl. (iv) and redesignated former cl. (iv) as (v).
Subsec. (t)(6), (7). Pub. L. 110–53, §1202(e), added pars. (6) and (7).
Subsec. (u). Pub. L. 110–53, §1203(a), added subsec. (u).
Subsec. (v). Pub. L. 110–53, §1302(a), added subsec. (v).
Subsec. (w). Pub. L. 110–53, §1503(a), added subsec. (w).
2004—Subsec. (t). Pub. L. 108–458 added subsec. (t).
2003—Subsec. (q)(1). Pub. L. 108–7 inserted "or other Federal agency" after "Transportation Security Administration".
2002—Subsec. (l)(2)(B). Pub. L. 107–296, §1707, inserted "for a period not to exceed 90 days" after "effective" and "ratified or" before "disapproved".
Subsec. (s). Pub. L. 107–296, §1601(b), added subsec. (s).
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 115–254, div. K, title I, §1994, Oct. 5, 2018, 132 Stat. 3646, provided that: "References relating to the Under Secretary of Transportation for Security in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act [meaning the date of enactment of Pub. L. 115–254, Oct. 5, 2018] shall be deemed to refer, as appropriate, to the Administrator of the Transportation Security Administration."
Effective Date of 2007 Amendment
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].
Effective Date of 2004 Amendment
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]."
Effective Date of 2002 Amendment
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.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Transportation Security Screening Modernization
Pub. L. 118–202, Dec. 23, 2024, 138 Stat. 2688, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Transportation Security Screening Modernization Act of 2024'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"(4)
"(5)
"SEC. 3. STREAMLINING OF APPLICATIONS FOR CERTAIN SECURITY THREAT ASSESSMENT PROGRAMS OF THE TRANSPORTATION SECURITY ADMINISTRATION.
"(a)
"(1)
"(A) permitting an individual to enroll at any TSA authorized enrollment center once for a threat assessment program endorsement and use the application, including associated biometric and biographic data, as well as information generated by TSA's vetting, for one of such programs to enroll in any other of such programs;
"(B) permitting an individual to visit any TSA authorized enrollment center and enroll in more than one TSA security threat assessment program at the same time for a fee that is less than the cumulative fee that would otherwise be incurred for each such program separately;
"(C) permitting an individual to undergo a streamlined and expeditious renewal process;
"(D) aligning the expiration of an individual's successful, valid eligibility determination with the expiration of that individual's eligibility to participate in subsequent TSA security threat assessment programs to which the individual applies;
"(E) providing to States the expiration dates for each individual's TSA security threat assessment to ensure a commercial driver's license of an individual who holds a HAZMAT Endorsement does not indicate the individual is authorized to transport hazardous materials after the expiration date of the enrollment of the individual in the HAZMAT Endorsement security threat assessment program if such commercial driver's license has an expiration date that is different from the expiration date of such enrollment; and
"(F) enrolling an individual in a subsequent TSA security threat assessment program at the minimum cost necessary for the TSA to cover printing, issuance, and case management costs, costs associated with the collection of any additional biometric and biographic data in accordance with paragraph (3), and other costs that are not duplicative.
"(2)
"(3)
"(b)
"(c)
"(d)
"SEC. 4. ELIMINATING DUPLICATIVE COSTS.
"(a)
"(b)
"(1)
"(A) identify any redundancies and duplications in costs and administration of security threat assessment programs that if eliminated would not impact national security and any benefits of eliminating such redundancies and duplications and improving the experiences for individuals applying for or renewing enrollment in more than one TSA security threat assessment program;
"(B) review the impacts of the implementation by the TSA of recommendations from previous studies conducted by the Comptroller General, including GAO–07–756 and GAO–17–182, on increasing the efficiency and effectiveness, and reducing costs, of processing applications for enrollment and renewal in TSA security threat assessment programs;
"(C) review the findings of the assessment required by section 1(b) of the Act entitled 'An Act to require the Secretary of Homeland Security to prepare a comprehensive security assessment of the transportation security card program, and for other purposes', approved December 16, 2016 (46 U.S.C. 70105 note; Public Law 114–278) and determine whether the TSA has implemented any remedies to redundancies and duplication identified by that assessment and whether such implementation impacted national security;
"(D) determine whether there are unique challenges rural applicants have with accessing TSA security threat assessment programs;
"(E) assess the numbers and locations of enrollment centers for meeting the needs of such programs, including determining the access provided to rural applicants;
"(F) identify potential opportunities that exist to improve the enrollment center operations of and customer experience with such programs;
"(G) identify potential opportunities to harmonize the enrollment, vetting, and renewal processes of such programs in which similar information is collected for similar security threat assessment processes for different vetted credentials while not impacting national security;
"(H) identify other ways the TSA can reduce the costs of the TSA security threat assessment programs while not impacting national security; and
"(I) review the vetting, application, and enrollment processes of each TSA security threat assessment program.
"(2)
"(A) the administration of the HAZMAT Endorsement program by the States;
"(B) methods by which the States could streamline the HAZMAT Endorsement program; and
"(C) any potential barriers States face administering TSA security threat assessment programs for individuals applying to TWIC and the HAZMAT Endorsement program or individuals that already have a TWIC credential.
"(c)
"(1) a summary and analysis of the costs associated with the operation and administration of each individual TSA security threat assessment program;
"(2) a summary and analysis of the application and enrollment costs associated with providing an individual multiple credentials under TSA security threat assessment programs;
"(3) an identification of any potential duplicative processes associated with an applicant applying for, or the vetting or enrollment by the TSA of an individual in, a subsequent or multiple TSA security threat assessment programs;
"(4) a breakdown of costs borne by applicants for current enrollment and renewal processes of such programs;
"(5) ways to improve access to such programs, including for rural applicants;
"(6) any potential recommendations to the TSA for reducing costs and streamlining the administration and operation of each TSA security threat assessment program while not impacting national security;
"(7) any potential recommendations for the TSA to administer such programs in a way that would improve national security; and
"(8) any potential recommendations for ways States can improve their role in administering the HAZMAT Endorsement program and streamline the application process or reduce costs for individuals seeking multiple transportation security credentials.
"(d)
"(1)
"(A) implement the recommendations from such report;
"(B) provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security of the House of Representatives a written notification detailing—
"(i) the timeline for implementation of each recommendation from the report;
"(ii) justifications for any implementation timeline lasting longer than 2 years; and
"(iii) justifications for recommendations that the Administrator has declined to pursue or implement.
"(2)
Authorization of Transportation Security Administration Personnel Details
Pub. L. 117–81, div. F, title LXIV, §6413, Dec. 27, 2021, 135 Stat. 2412, provided that:
"(a)
"(b)
Aviation Security
Pub. L. 117–81, div. F, title LXIV, §6423(b), Dec. 27, 2021, 135 Stat. 2420, provided that:
"(1)
"(A) ensure the inclusion, as appropriate, of air carriers, domestic airport operators, and other transportation security stakeholders in the development and implementation of security directives and emergency amendments;
"(B) document input provided by air carriers, domestic airport operators, and other transportation security stakeholders during the security directive and emergency amendment, development, and implementation processes;
"(C) define a process, including timeframes, and with the inclusion of feedback from air carriers, domestic airport operators, and other transportation security stakeholders, for cancelling or incorporating security directives and emergency amendments into security programs;
"(D) conduct engagement with foreign partners on the implementation of security directives and emergency amendments, as appropriate, including recognition if existing security measures at a last point of departure airport are found to provide commensurate security as intended by potential new security directives and emergency amendments; and
"(E) ensure that new security directives and emergency amendments are focused on defined security outcomes.
"(2)
"(3)
Emergency TSA Employee Leave Fund
Pub. L. 117–2, title VII, §7104, Mar. 11, 2021, 135 Stat. 100, provided that:
"(a)
"(b)
"(1) is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
"(2) has been advised by a health care provider to self-quarantine due to concerns related to COVID–19;
"(3) is caring for an individual who is subject to such an order or has been so advised;
"(4) is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
"(5) is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, if the school of such son or daughter requires or makes optional a virtual learning instruction model or requires or makes optional a hybrid of in-person and virtual learning instruction models, or the child care provider of such son or daughter is unavailable, due to COVID–19 precautions;
"(6) is experiencing any other substantially similar condition;
"(7) is caring for a family member with a mental or physical disability or who is 55 years of age or older and incapable of self-care, without regard to whether another individual other than the employee is available to care for such family member, if the place of care for such family member is closed or the direct care provider is unavailable due to COVID–19; or
"(8) is obtaining immunization related to COVID–19 or is recovering from any injury, disability, illness, or condition related to such immunization.
"(c)
"(1)
"(2)
"(A) shall be provided to an employee of the Administration in an amount not to exceed 600 hours of paid leave for each full-time employee, and in the case of a part-time employee, employee on an uncommon tour of duty, or employee with a seasonal work schedule, in an amount not to exceed the proportional equivalent of 600 hours to the extent amounts in the Fund remain available for reimbursement;
"(B) shall be paid at the same hourly rate as other leave payments; and
"(C) may not be provided to an employee if the leave would result in payments greater than $2,800 in aggregate for any biweekly pay period for a full-time employee, or a proportionally equivalent biweekly limit for a part-time employee.
"(3)
"(A) is in addition to any other leave provided to an employee of the Administration; and
"(B) may not be used by an employee of the Administration concurrently with any other paid leave.
"(4)
Deemed References to Chapters 509 and 511 of Title 51
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.
Transmittals to Congress
Pub. L. 115–254, div. K, title I, §1910, Oct. 5, 2018, 132 Stat. 3550, provided that: "With regard to each report, legislative proposal, or other communication of the Executive Branch related to the TSA and required to be submitted to Congress or the appropriate committees of Congress, the Administrator shall transmit such communication directly to the appropriate committees of Congress."
[For definitions of terms used in section 1910 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Third Party Testing and Verification of Screening Technology
Pub. L. 115–254, div. K, title I, §1911, Oct. 5, 2018, 132 Stat. 3550, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(A) share detection testing information and standards with appropriate international partners; and
"(B) coordinate with the appropriate international partners to align TSA testing and evaluation with relevant international standards to maximize the capability to detect explosives and other threats.
"(c)
"(1)
"(2)
"(d)
"(1) health and safety factors;
"(2) operator interface;
"(3) human factors;
"(4) environmental factors;
"(5) throughput;
"(6) reliability, maintainability, and availability factors; and
"(7) interoperability.
"(e)
"(1)
"(A) establish a framework for the third party testing and for verifying a security technology is operationally effective and able to meet the TSA's mission needs before it may enter or re-enter, as applicable, the operational context at an airport or other transportation facility;
"(B) use phased implementation to allow the TSA and the third party to establish best practices; and
"(C) oversee the third party testing and evaluation framework.
"(2)
"(f)
"(g)
"(1)
"(A) if an individual, a citizen of the United States; or
"(B) if an entity, owned and controlled by a citizen of the United States.
"(2)
"(3)
"(A) the security screening technology subject to such testing; or
"(B) the vendor of such technology.
"(h)
"(1)
"(2)
"(A) Any efficiencies or gains in effectiveness achieved in TSA operations, including technology acquisition or screening operations, as a result of such program.
"(B) The degree to which the TSA conducts timely and regular oversight of the appropriate third parties engaged in such testing.
"(C) The effect of such program on the following:
"(i) The introduction of innovative detection technologies into security screening operations.
"(ii) The availability of testing for technologies developed by small to medium sized businesses.
"(D) Any vulnerabilities associated with such program, including with respect to the following:
"(i) National security.
"(ii) Any conflicts of interest between the appropriate third parties engaged in such testing and the entities providing such technologies to be tested.
"(iii) Waste, fraud, and abuse."
[For definitions of terms used in section 1911 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Transportation Security Administration Systems Integration Facility
Pub. L. 115–254, div. K, title I, §1912, Oct. 5, 2018, 132 Stat. 3552, provided that:
"(a)
"(b)
"(1) evaluate the technologies described in subsection (a) to enhance the security of transportation systems through screening and threat mitigation and detection;
"(2) test the technologies described in subsection (a) to support identified mission needs of the TSA and to meet requirements for acquisitions and procurement;
"(3) to the extent practicable, provide original equipment manufacturers with test plans to minimize requirement interpretation disputes and adhere to provided test plans;
"(4) collaborate with other technical laboratories and facilities for purposes of augmenting the capabilities of the TSIF;
"(5) deliver advanced transportation security screening technologies that enhance the overall security of domestic transportation systems; and
"(6) to the extent practicable, provide funding and promote efforts to enable participation by a small business concern (as the term is described under section 3 of the Small Business Act (15 U.S.C. 632)) that—
"(A) has an advanced technology or capability; but
"(B) does not have adequate resources to participate in testing and evaluation processes.
"(c)
"(1) prevents unnecessary delays in the testing and evaluation of advanced transportation security screening technologies for acquisitions and procurement determinations;
"(2) ensures the issuance of final paperwork certification no later than 45 days after the date such testing and evaluation has concluded; and
"(3) ensures collaboration with technology stakeholders to close capabilities gaps in transportation security.
"(d)
"(1)
"(2)
"(A) information relating to the delivery date;
"(B) a justification for why the testing and evaluation process has exceeded 180 days; and
"(C) the estimated date for completion of such testing and evaluation.
"(3)
"(A) after installation, delivers the technology to the TSA for testing and evaluation; and
"(B) submits to the Administrator, in such form and manner as the Administrator prescribes, a signed notification of the delivery described in subparagraph (A).
"(e)
"(f)
[For definitions of terms used in section 1912 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Public Area Security Working Group
Pub. L. 115–254, div. K, title I, §1931, Oct. 5, 2018, 132 Stat. 3569, provided that:
"(a)
"(1)
"(2)
"(A) facilities, equipment, or systems used to provide transportation services by—
"(i) a public transportation agency (as the term is defined in section 1402 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1131));
"(ii) a railroad carrier (as the term is defined in section 20102 of title 49, United States Code); [or]
"(iii) an owner or operator of—
"(I) an entity offering scheduled, fixed-route transportation services by over-the road bus (as the term is defined in section 1501 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1151)); or
"(II) a bus terminal; or
"(B) other transportation facilities, equipment, or systems, as determined by the Secretary.
"(b)
"(1)
"(A) Information sharing and interoperable communication capabilities among the TSA and public and private stakeholders with respect to terrorist or other threats.
"(B) Coordinated incident response procedures.
"(C) The prevention of terrorist attacks and other incidents through strategic planning, security training, exercises and drills, law enforcement patrols, worker vetting, and suspicious activity reporting.
"(D) Infrastructure protection through effective construction design barriers and installation of advanced surveillance and other security technologies.
"(2)
"(A)
"(i) the organization of the working group;
"(ii) the activities of the working group;
"(iii) the participation of the TSA and public and private stakeholders in the activities of the working group; [and]
"(iv) the findings of the working group, including any recommendations.
"(B)
"(3)
"(c)
"(1)
"(A) inform owners and operators of surface transportation assets about the availability of technical assistance, including vulnerability assessment tools and cybersecurity guidelines, to help protect and enhance the resilience of public areas of such assets; and
"(B) upon request, and subject to the availability of appropriations, provide such technical assistance to owners and operators of surface transportation assets.
"(2)
"(d)
"(1)
"(A) review of [sic] regulations, directives, policies, and procedures issued by the Administrator regarding the transportation of a firearm and ammunition; and
"(B) submit to the appropriate committees of Congress a report on the findings of the review under subparagraph (A), including, as appropriate, information on any plans to modify any regulation, directive, policy, or procedure based on the review.
"(2)
"(A) ASAC;
"(B) the Surface Transportation Security Advisory Committee under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204]; and
"(C) appropriate public and private stakeholders."
[For definitions of terms used in section 1931 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Public Area Best Practices
Pub. L. 115–254, div. K, title I, §1932, Oct. 5, 2018, 132 Stat. 3571, provided that:
"(a)
"(1) Federal Security Directors at airports.
"(2) Appropriate security directors for other modes of transportation.
"(3) Other appropriate transportation security stakeholders.
"(b)
"(1) in coordination with the Office of the Director of National Intelligence and industry partners, implement improvements to the Air Domain Intelligence and Analysis Center to encourage increased participation from stakeholders and enhance government and industry security information sharing on transportation security threats, including on cybersecurity threat awareness;
"(2) expand and improve the City and Airport Threat Assessment or similar program to public and private stakeholders to capture, quantify, communicate, and apply applicable intelligence to inform transportation infrastructure mitigation measures, such as—
"(A) quantifying levels of risk by airport that can be used to determine risk-based security mitigation measures at each location; and
"(B) determining random and surge employee inspection operations based on changing levels of risk;
"(3) continue to disseminate Transportation Intelligence Notes, tear-lines, and related intelligence products to appropriate transportation security stakeholders on a regular basis; and
"(4) continue to conduct both regular routine and threat-specific classified briefings between the TSA and appropriate transportation sector stakeholders on an individual or group basis to provide greater information sharing between public and private sectors.
"(c)
"(d)
[For definitions of terms used in section 1932 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Surface Transportation Security Assessment and Implementation of Risk-Based Strategy
Pub. L. 115–254, div. K, title I, §1964, Oct. 5, 2018, 132 Stat. 3604, provided that:
"(a)
"(1)
"(2)
"(A) consider appropriate intelligence;
"(B) consider security breaches and attacks at domestic and international surface transportation facilities;
"(C) consider the vulnerabilities and risks associated with specific modes of surface transportation;
"(D) evaluate the vetting and security training of—
"(i) employees in surface transportation; and
"(ii) other individuals with access to sensitive or secure areas of surface transportation networks; and
"(E) consider input from—
"(i) representatives of different modes of surface transportation;
"(ii) representatives of critical infrastructure entities;
"(iii) the Transportation Systems Sector Coordinating Council; and
"(iv) the heads of other relevant Federal departments or agencies.
"(b)
"(1)
"(A) to develop and implement a cross-cutting, risk-based surface transportation security strategy that includes—
"(i) all surface transportation modes;
"(ii) a mitigating strategy that aligns with each vulnerability and risk identified in subsection (a);
"(iii) a planning process to inform resource allocation;
"(iv) priorities, milestones, and performance metrics to measure the effectiveness of the risk-based surface transportation security strategy; and
"(v) processes for sharing relevant and timely intelligence threat information with appropriate stakeholders;
"(B) to develop a management oversight strategy that—
"(i) identifies the parties responsible for the implementation, management, and oversight of the risk-based surface transportation security strategy; and
"(ii) includes a plan for implementing the risk-based surface transportation security strategy; and
"(C) to modify the risk-based budget and resource allocations, in accordance with section 1965(c) [set out as a note below], for the Transportation Security Administration.
"(2)
"(A) to evaluate existing surface transportation security programs, policies, and initiatives, including the explosives detection canine teams, for consistency with the risk-based security strategy and, to the extent practicable, avoid any unnecessary duplication of effort;
"(B) to determine the extent to which stakeholder security programs, policies, and initiatives address the vulnerabilities and risks to surface transportation systems identified in subsection (a); and
"(C) subject to subparagraph (B), to mitigate each vulnerability and risk to surface transportation systems identified in subsection (a).
"(c)
"(1)
"(A) describes the process used to complete the security assessment;
"(B) describes the process used to develop the risk-based security strategy;
"(C) describes the risk-based security strategy;
"(D) includes the management oversight strategy;
"(E) includes—
"(i) the findings of the security assessment;
"(ii) a description of the actions recommended or taken by the Administrator to mitigate the vulnerabilities and risks identified in subsection (a), including interagency coordination;
"(iii) any recommendations for improving the coordinated approach to mitigating vulnerabilities and risks to surface transportation systems; and
"(iv) any recommended changes to the National Infrastructure Protection Plan, the modal annexes to such plan, or relevant surface transportation security programs, policies, or initiatives; and
"(F) may contain a classified annex.
"(2)
"(d)
[For definitions of terms used in section 1964 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Risk-Based Budgeting and Resource Allocation
Pub. L. 115–254, div. K, title I, §1965, Oct. 5, 2018, 132 Stat. 3606, provided that:
"(a)
"(1) reflects the risk-based surface transportation security strategy under section 1964(b) [set out as a note above]; and
"(2) is organized by appropriations account, program, project, and initiative.
"(b)
"(c)
"(1)
"(2)
"(A) the reason for and a justification of the resource or personnel allocation;
"(B) the expected end date of the resource or personnel allocation; and
"(C) the projected cost to the Transportation Security Administration of the personnel or resource allocation.
"(d) 5
[For definitions of terms used in section 1965 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Transparency
Pub. L. 115–254, div. K, title I, §1967, Oct. 5, 2018, 132 Stat. 3607, provided that:
"(a)
"(1)
"(2)
"(A) an updated rulemaking schedule for the outstanding regulation;
"(B) current staff allocations;
"(C) data collection or research relating to the development of the rulemaking;
"(D) current efforts, if any, with security experts, advisory committees, and other stakeholders; and
"(E) other relevant details associated with the development of the rulemaking that impact the progress of the rulemaking.
"(b)
"(1) identifies the requirements under such titles of that Act and under this title that have not been fully implemented;
"(2) describes what, if any, additional action is necessary; and
"(3) includes recommendations regarding whether any of the requirements under such titles of that Act or this title should be amended or repealed."
TSA Counterterrorism Asset Deployment
Pub. L. 115–254, div. K, title I, §1968(a), Oct. 5, 2018, 132 Stat. 3608, provided that:
"(1)
"(2)
"(A) determines there is an urgent security need for the personnel or resource described in paragraph (1); and
"(B) notifies the appropriate committees of Congress [Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] of the determination under subparagraph (A)."
Best Practices To Secure Against Vehicle-Based Attacks
Pub. L. 115–254, div. K, title I, §1982, Oct. 5, 2018, 132 Stat. 3620, provided that: "Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Transportation Security Administration] shall disseminate best practices to public and private stakeholders regarding how to enhance transportation security against the threat of a vehicle-based terrorist attack."
Risk Scenarios
Pub. L. 115–254, div. K, title I, §1986, Oct. 5, 2018, 132 Stat. 3621, provided that:
"(a)
"(b)
"(c)
"(1) Copies of the risk assessments for each transportation mode.
"(2) A summary that ranks the risks within and across modes.
"(3) A description of the risk-based priorities for securing the transportation sector that identifies and prioritizes the greatest security needs of such transportation sector, both across and within modes, in the order that such priorities should be addressed.
"(4) Information on the underlying methodologies used to assess risks across and within each transportation mode and the basis for any assumptions regarding threats, vulnerabilities, and consequences made in assessing and prioritizing risks within each such mode and across modes.
"(d)
[For definitions of terms used in section 1986 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Integrated and Unified Operations Centers
Pub. L. 115–254, div. K, title I, §1987, Oct. 5, 2018, 132 Stat. 3622, provided that:
"(a)
"(b)
[For definitions of terms used in section 1987 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Information Sharing and Cybersecurity
Pub. L. 115–254, div. K, title I, §1989, Oct. 5, 2018, 132 Stat. 3624, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) The incorporation of best practices for information sharing.
"(B) The identification of areas of overlap and redundancy.
"(C) An evaluation and incorporation of stakeholder input in the development of such plan.
"(D) The integration of any recommendations of the Comptroller General of the United States on information sharing.
"(3)
"(c)
"(1)
"(2)
"(A) in developing the mechanism for sharing best practices as required under paragraph (1); and
"(B) not less frequently than annually on the quality and quantity of information such stakeholders receive through the mechanism established under such paragraph.
"(d)
"(1)
"(A) not later than 120 days after the date of enactment of this Act [Oct. 5, 2018], implement the Framework for Improving Critical Infrastructure Cybersecurity (referred to in this section as the 'Framework' developed by the National Institute of Standards and Technology, and any update to such Framework under section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272), to manage the agency's cybersecurity risks; and
"(B) evaluate, on a periodic basis, but not less often than biennially, the use of the Framework under subparagraph (A).
"(2)
"(3)
"(A)
"(i) evaluate the cybersecurity of TSA trusted traveler and credentialing programs that contain personal information of specific individuals or information that identifies specific individuals, including the Transportation Worker Identification Credential and PreCheck programs;
"(ii) identify any cybersecurity risks under the programs described in clause (i); and
"(iii) develop remediation plans to address the cybersecurity risks identified under clause (ii).
"(B)
"(4)
[For definitions of terms used in section 1989 of Pub. L. 115–254, set out above, see section 1902 of Pub. L. 115–254, set out as a Definitions of Terms in Title I of Div. K of Pub. L. 115–254 note under section 101 of this title.]
Safeguarding and Disposal of Personal Information of Registered Traveler Program Participants
Pub. L. 114–4, title V, §536, Mar. 4, 2015, 129 Stat. 67, provided that:
"(a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler or successor program of the Transportation Security Administration shall hereafter safeguard and dispose of such information in accordance with the requirements in—
"(1) the National Institute for Standards and Technology Special Publication 800–30, entitled 'Risk Management Guide for Information Technology Systems';
"(2) the National Institute for Standards and Technology Special Publication 800–53, Revision 3, entitled 'Recommended Security Controls for Federal Information Systems and Organizations'; and
"(3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred to in this section as the 'Administrator').
"(b) The airport authority or air carrier operator that sponsors the company under the Registered Traveler program shall hereafter be known as the 'Sponsoring Entity'.
"(c) The Administrator shall hereafter require any company covered by subsection (a) to provide, not later than 30 days after the date of enactment of this Act [Mar. 4, 2015], to the Sponsoring Entity written certification that the procedures used by the company to safeguard and dispose of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements."
Registered Traveler Programs and Biometrically-Secure Cards
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."
Congressional Oversight of Security Assurance for Public and Private Stakeholders
Pub. L. 110–53, title XII, §1203(b), Aug. 3, 2007, 121 Stat. 385, as amended by Pub. L. 115–254, div. K, title I, §1904(b)(2), Oct. 5, 2018, 132 Stat. 3545, provided that:
"(1)
"(A) the number of public and private stakeholders who were provided with each report;
"(B) a description of the measures the Secretary has taken to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the Plan; and
"(C) an explanation of the reason for the denial of transportation security information to any stakeholder who had previously received such information.
"(2)
Specialized Training
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."
Inapplicability of Personnel Limitations After Fiscal Year 2007
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."
Lease of Property to Transportation Security Administration Employees
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.
Acquisition Management System of the Transportation Security Administration
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.
Registered Traveler Program Fee
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."
Enhanced Security Measures
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 not be capitalized.
§115. Transportation Security Oversight Board
(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 Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Administrator regarding matters reviewed under paragraph (5).
(d)
(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; Pub. L. 115–254, div. K, title I, §1991(b), Oct. 5, 2018, 132 Stat. 3626.)
Editorial Notes
References in Text
Section 40119 of this title, referred to in subsec. (e), was repealed by Pub. L. 115–254, div. K, title I, §1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
Amendments
2018—Subsec. (c)(1). Pub. L. 115–254, §1991(b)(1), substituted "Administrator of the Transportation Security Administration" for "Under Secretary of Transportation for security".
Subsec. (c)(6). Pub. L. 115–254, §1991(b)(2), substituted "Administrator" for "Under Secretary".
2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "The Director of the Central Intelligence Agency, or the Director's designee."
2002—Subsec. (a). Pub. L. 107–296, §426(a)(1), substituted "Department of Homeland Security" for "Department of Transportation".
Subsec. (b)(1). Pub. L. 107–296, §426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: "One member appointed by the President to represent the Office of Homeland Security."
Subsec. (b)(2). Pub. L. 107–296, §426(a)(3), substituted "Secretary of Homeland Security" for "Secretary of Transportation".
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
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.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
1 So in original. The word "information" probably should be inserted.
2 See References in Text note below.
§116. National Surface Transportation and Innovative Finance Bureau
(a)
(b)
(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1);
(2) to administer the application processes for programs within the Department in accordance with subsection (d);
(3) to promote innovative financing best practices in accordance with subsection (e);
(4) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f); and
(5) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g).
(c)
(1)
(2)
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau;
(C) support the Council on Credit and Finance established under section 117 in accordance with this section; and
(D) carry out such additional duties as the Secretary may prescribe.
(d)
(1)
(A) The infrastructure finance programs authorized under chapter 6 of title 23.
(B) The railroad rehabilitation and improvement financing program authorized under sections 22401 through 22403.
(C) Amount allocations authorized under section 142(m) of the Internal Revenue Code of 1986.
(D) The Rural and Tribal Assistance Pilot Program established under section 21205(b)(1) of the Surface Transportation Investment Act of 2021.
(2)
(3)
(4)
(5)
(A) evaluates the application processes for the programs referred to in paragraph (1);
(B) identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing Federal oversight; and
(C) describes how the Executive Director will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.
(6)
(A)
(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance;
(ii) establish procedures for addressing late-arriving applications, as applicable, and communicating the Bureau's decisions for accepting or rejecting late applications to the applicant and the public; and
(iii) document major decisions in the application evaluation process through a decision memorandum or similar mechanism that provides a clear rationale for such decisions.
(B)
(i)
(ii)
(iii)
(e)
(1)
(2)
(A) by making Federal credit assistance programs more accessible to eligible recipients;
(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding;
(C) by sharing innovative financing best practices and case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing methods; and
(D) by developing and monitoring—
(i) best practices with respect to standardized State public-private partnership authorities and practices, including best practices related to—
(I) accurate and reliable assumptions for analyzing public-private partnership procurements;
(II) procedures for the handling of unsolicited bids;
(III) policies with respect to noncompete clauses; and
(IV) other significant terms of public-private partnership procurements, as determined appropriate by the Bureau;
(ii) standard contracts for the most common types of public-private partnerships for transportation facilities; and
(iii) analytical tools and other techniques to aid eligible entities in determining the appropriate project delivery model, including a value for money analysis.
(3)
(A) ensure the transparency of a project receiving credit assistance under a program referred to in subsection (d)(1) and procured as a public-private partnership by—
(i) requiring the sponsor of the project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership;
(ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant public-private partnership agreement, to be made publicly available by the project sponsor at an appropriate time;
(iii) not later than 3 years after the date of completion of the project, requiring the sponsor of the project to conduct a review regarding whether the private partner is meeting the terms of the relevant public-private partnership agreement; and
(iv) providing a publicly available summary of the total level of Federal assistance in such project; and
(B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and requirements related to public-private partnerships.
(4)
(f)
(1)
(2)
(A) by coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
(B) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and innovative approaches to the delivery of projects; and
(C) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969.
(3)
(g)
(1)
(2)
(A) establish maximum thresholds for acceptable project cost increases and delays in project delivery;
(B) establish uniform methods for States to measure cost and delivery changes over the life cycle of a project; and
(C) be tailored, as necessary, to various types of project procurements, including design-bid-build, design-build, and public-private partnerships.
(3)
(A) collect information related to procurement benchmarks developed under paragraph (1), including project specific information detailed under paragraph (2); and
(B) provide on a publicly accessible Internet Web site of the Department a report on the information collected under subparagraph (A).
(h)
(1)
(A) the purposes of the office are duplicative of the purposes of the Bureau; and
(B) the elimination of the office does not adversely affect the obligations of the Secretary under any Federal law.
(2)
(3)
(A)
(B)
(C)
(D)
(i)
(ii)
(4)
(A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices;
(B) the offices and office functions consolidated under paragraph (2) and the rationale for consolidation of the offices and office functions;
(C) the actions taken under paragraph (3) and the rationale for taking such actions; and
(D) any additional legislative actions that may be needed.
(i)
(1)
(2)
(3)
(j)
(1)
(2)
(3)
(4)
(5)
(6)
(Added Pub. L. 114–94, div. A, title IX, §9001(a), Dec. 4, 2015, 129 Stat. 1612; amended Pub. L. 115–56, div. D, §164(a), as added Pub. L. 115–123, div. B, §20101(2), Feb. 9, 2018, 132 Stat. 121; Pub. L. 117–58, div. B, title I, §§21101(d)(4), 21205(i), 21301(j)(4)(A), title V, §25009(b), Nov. 15, 2021, 135 Stat. 657, 682, 692, 854.)
Editorial Notes
References in Text
Section 142 of the Internal Revenue Code of 1986, referred to in subsec. (d)(1)(C), is classified to section 142 of Title 26, Internal Revenue Code.
Section 21205(b)(1) of the Surface Transportation Investment Act of 2021, referred to in subsec. (d)(1)(D), is section 21205(b)(1) of Pub. L. 117–58, which is set out in a note below.
The date of enactment of this section, referred to in subsecs. (d)(5), (6)(B)(iii), (h)(4), and (i)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
The National Environmental Policy Act of 1969, referred to in subsec. (f)(2)(D), (3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2021—Subsec. (d)(1)(B). Pub. L. 117–58, §21301(j)(4)(A), substituted "sections 22401 through 22403" for "sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823)".
Subsec. (d)(1)(D). Pub. L. 117–58, §21205(h), added subpar. (D). Former subpar. (D) struck out.
Pub. L. 117–58, §21101(d)(4), struck out subpar. (D) which read as follows: "The nationally significant freight and highway projects program under section 117 of title 23."
Subsec. (f)(2). Pub. L. 117–58, §25009(b), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: "by serving as the Department's liaison to the Council on Environmental Quality;".
2018—Subsec. (h)(3)(D)(i), (ii). Pub. L. 115–56, §164(a), as added by Pub. L. 115–123, §20101(2), substituted "The" for "During the 2-year period beginning on the date of enactment of this section, the" and inserted at end "Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account."
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Rural and Tribal Infrastructure Advancement
Pub. L. 117–58, div. B, title I, §21205(a)–(h), Nov. 15, 2021, 135 Stat. 680–682, provided that:
"(a)
"(1)
"(2)
"(A) a unit of local government or political subdivision that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by the Bureau of the Census;
"(B) a State seeking to advance a project located in an area described in subparagraph (A);
"(C) a federally recognized Indian Tribe; and
"(D) the Department of Hawaiian Home Lands.
"(3)
"(A) subparagraph (A) or (B) of section 116(d)(1) of title 49, United States Code;
"(B) section 118(d)(3)(A) of that title (as added by section 21101(a)); or
"(C) chapter 67 of that title (as added by section 21201).
"(4)
"(b)
"(1)
"(2)
"(A) Financial, technical, and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assistance under an eligible program.
"(B) Assistance with development-phase activities, including—
"(i) project planning;
"(ii) feasibility studies;
"(iii) revenue forecasting and funding and financing options analyses;
"(iv) environmental review;
"(v) preliminary engineering and design work;
"(vi) economic assessments and cost-benefit analyses;
"(vii) public benefit studies;
"(viii) statutory and regulatory framework analyses;
"(ix) value for money studies;
"(x) evaluations of costs to sustain the project;
"(xi) evaluating opportunities for private financing and project bundling; and
"(xii) any other activity determined to be appropriate by the Secretary.
"(C) Information regarding innovative financing best practices and case studies, if the eligible entity is interested in using innovative financing methods.
"(c)
"(d)
"(1)
"(A)
"(i) the resources available to eligible entities under the pilot program; and
"(ii) the application process established under paragraph (2)(A).
"(B)
"(2)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(I)
"(II)
"(iii)
"(3)
"(A) the type of eligible entity that submitted the application;
"(B) the location of each potential project described in the application;
"(C) a brief description of the assistance requested;
"(D) the date on which the Secretary received the application; and
"(E) the date on which the Secretary provided the notice of approval or disapproval under paragraph (2)(C)(i).
"(e)
"(f)
"(1)
"(2)
"(A) $1,600,000 for fiscal year 2022;
"(B) $1,800,000 for fiscal year 2023;
"(C) $2,000,000 for fiscal year 2024;
"(D) $2,200,000 for fiscal year 2025; and
"(E) $2,400,000 for fiscal year 2026.
"(3)
"(g)
"(h)
§117. Council on Credit and Finance
(a)
(b)
(1)
(A) The Deputy Secretary of Transportation.
(B) The Under Secretary of Transportation for Policy.
(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
(D) The General Counsel of the Department of Transportation.
(E) The Assistant Secretary for Transportation Policy.
(F) The Administrator of the Federal Highway Administration.
(G) The Administrator of the Federal Transit Administration.
(H) The Administrator of the Federal Railroad Administration.
(2)
(3)
(A)
(B)
(4)
(c)
(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);
(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;
(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;
(4) review, on a regular basis, projects that received assistance under such programs; and
(5) carry out such additional duties as the Secretary may prescribe.
(Added Pub. L. 114–94, div. A, title IX, §9002(a), Dec. 4, 2015, 129 Stat. 1618.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§118. Office of Multimodal Freight Infrastructure and Policy
(a)
(1)
(2)
(3)
(b)
(c)
(1) to carry out the national multimodal freight policy described in section 70101;
(2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d);
(3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues;
(4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department;
(5) to assist cities and States in developing freight mobility and supply chain expertise;
(6) to liaise and coordinate with other Federal departments and agencies; and
(7) to carry out other duties, as prescribed by the Secretary.
(d)
(1) develop and manage—
(A) the national freight strategic plan described in section 70102; and
(B) the National Multimodal Freight Network established under section 70103;
(2)(A) oversee the development and updating of the State freight plans described in section 70202; and
(B) provide guidance or best practices relating to the development and updating of State freight plans under that section;
(3)(A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and
(B) establish procedures for analyzing and evaluating applications for grants under those programs;
(4) assist States in the establishment of—
(A) State freight advisory committees under section 70201; and
(B) multi-State freight mobility compacts under section 70204; and
(5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools.
(e)
(1)
(A) be appointed by the President, by and with the advice and consent of the Senate; and
(B) have professional standing and demonstrated knowledge in the field of freight transportation.
(2)
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office;
(C) work with the modal administrations of the Department to encourage multimodal collaboration; and
(D) carry out such additional duties as the Secretary may prescribe.
(f)
(1)
(2)
(A) the purposes of the office are duplicative of the purposes of the Freight Office;
(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1);
(C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and
(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office.
(g)
(1)
(2)
(A)
(B)
(3)
(A)
(i)
(ii)
(B)
(i)
(ii)
(h)
(1)
(A) the programs managed or made available by the Freight Office; and
(B) the eligibility requirements for those programs.
(2)
(i)
(1) describes—
(A) the programs and activities administered or overseen by the Freight Office; and
(B) the status of those programs and activities;
(2) identifies—
(A) the number of employees working in the Freight Office as of the date of the notification;
(B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); and
(C) the total number of positions that, as a result of the consolidation of offices under this section, were—
(i) eliminated; or
(ii) transferred, assigned, or joined to the Freight Office;
(3)(A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and
(B) if the Secretary has consolidated such an office or function, describes the rationale for the consolidation;
(4)(A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and
(B) if the Secretary has eliminated such an office, describes the rationale for the elimination;
(5) describes any other actions carried out by the Secretary to implement this section; and
(6) describes any recommendations of the Secretary for legislation that may be needed to further implement this section.
(j)
(1)
(2)
(3)
(k)
(1)
(2)
(Added Pub. L. 117–58, div. B, title I, §21101(a), Nov. 15, 2021, 135 Stat. 652.)
Editorial Notes
References in Text
The date of enactment of this section and the date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsecs. (i) and (j)(3), are the date of enactment of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021.
§119. Advanced Research Projects Agency–Infrastructure
(a)
(1)
(2)
(3)
(4)
(A) a unit of State or local government;
(B) an institution of higher education;
(C) a commercial entity;
(D) a research foundation;
(E) a trade or industry research collaborative;
(F) a federally funded research and development center;
(G) a research facility owned or funded by the Department;
(H) a collaborative that includes relevant international entities; and
(I) a consortia of 2 or more entities described in any of subparagraphs (A) through (H).
(5)
(A)
(B)
(i) roads;
(ii) highways;
(iii) bridges;
(iv) airports;
(v) rail lines;
(vi) harbors; and
(vii) pipelines.
(6)
(b)
(1) to overcome long-term challenges; and
(2) to advance the state of the art for United States transportation infrastructure.
(c)
(1)
(A) to advance the transportation infrastructure of the United States by developing innovative science and technology solutions that—
(i) lower the long-term costs of infrastructure development, including costs of planning, construction, and maintenance;
(ii) reduce the lifecycle impacts of transportation infrastructure on the environment, including through the reduction of greenhouse gas emissions;
(iii) contribute significantly to improving the safe, secure, and efficient movement of goods and people; and
(iv) promote the resilience of infrastructure from physical and cyber threats; and
(B) to ensure that the United States is a global leader in developing and deploying advanced transportation infrastructure technologies and materials.
(2)
(A) advance novel, early-stage research with practicable application to transportation infrastructure;
(B) translate techniques, processes, and technologies, from the conceptual phase to prototype, testing, or demonstration;
(C) develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and
(D) accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty.
(d)
(1)
(2)
(3)
(A) be located within the Office of the Assistant Secretary for Research and Technology; and
(B) report to the Secretary.
(4)
(5)
(A) approving new programs within ARPA–I;
(B) developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones;
(C) administering available funding by providing to eligible entities assistance to achieve the goals described in subsection (c)(1);
(D) terminating programs carried out under this section that are not achieving the goals of the programs; and
(E) establishing a process through which eligible entities can submit to ARPA–I unsolicited research proposals for assistance under this section in accordance with subsection (f).
(e)
(1)
(2)
(A)
(B)
(i) establishing research and development goals for the applicable program, including by convening workshops and conferring with outside experts;
(ii) publicizing the goals of the applicable program;
(iii) soliciting applications for specific areas of particular promise, especially in areas that the private sector or the Federal Government are not likely to carry out absent assistance from ARPA–I;
(iv) establishing research collaborations for carrying out the applicable program;
(v) selecting on the basis of merit each project to be supported under the applicable program, taking into consideration—
(I) the novelty and scientific and technical merit of proposed projects;
(II) the demonstrated capabilities of eligible entities to successfully carry out proposed projects;
(III) the extent to which an eligible entity took into consideration future commercial applications of a proposed project, including the feasibility of partnering with 1 or more commercial entities; and
(IV) such other criteria as the Director may establish;
(vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPA–I;
(vii) monitoring the progress of projects supported under the applicable program;
(viii) identifying mechanisms for commercial application of successful technology development projects, including through establishment of partnerships between eligible entities and commercial entities; and
(ix) as applicable, recommending—
(I) program restructuring; or
(II) termination of applicable research partnerships or projects.
(C)
(i) shall serve for a term of 3 years; and
(ii) may be reappointed for any subsequent term of service.
(3)
(A)
(i) make appointments of scientific, engineering, and professional personnel, without regard to the civil service laws;
(ii) fix the basic pay of such personnel at such rate as the Director may determine, but not to exceed level II of the Executive Schedule, without regard to the civil service laws; and
(iii) pay an employee appointed under this subparagraph payments in addition to basic pay, subject to the condition that the total amount of those additional payments for any 12-month period shall not exceed the least of—
(I) $25,000;
(II) an amount equal to 25 percent of the annual rate of basic pay of the employee; and
(III) the amount of the applicable limitation for a calendar year under section 5307(a)(1) of title 5.
(B)
(C)
(f)
(1)
(A) the extent of current and prior efforts with respect to the project proposed to be carried out using the assistance, if applicable; and
(B) any current or prior investments in the technology area for which funding is requested, including as described in subsection (c)(2)(D).
(2)
(A) shall review each unsolicited research proposal submitted under paragraph (1), taking into consideration—
(i) the novelty and scientific and technical merit of the research proposal;
(ii) the demonstrated capabilities of the applicant to successfully carry out the research proposal;
(iii) the extent to which the applicant took into consideration future commercial applications of the proposed research project, including the feasibility of partnering with 1 or more commercial entities; and
(iv) such other criteria as the Director may establish;
(B) may approve a research proposal if the Director determines that the research—
(i) is in accordance with—
(I) the goals described in subsection (c)(1); or
(II) an applicable transportation research and development strategic plan developed under section 6503; and
(ii) would not duplicate any other Federal research being conducted or funded by another Federal agency; and
(C)(i) if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
(I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and
(II) recommends that the research proposal be submitted to another research program; or
(ii) if the research proposal is approved for funding, shall provide to the eligible entity that submitted the proposal—
(I) a written notice of the approval; and
(II) assistance in accordance with subsection (g) for the proposed research.
(g)
(1) a grant;
(2) a contract;
(3) a cooperative agreement;
(4) a cash prize; or
(5) another, similar form of funding.
(h)
(1)
(A) the projects that received assistance from ARPA–I, including—
(i) each such project that was funded as a result of an unsolicited research proposal; and
(ii) each such project that examines topics or technologies closely related to other activities funded by the Department, including an analysis of whether the Director achieved compliance with subsection (i)(1) in supporting the project; and
(B) the instances of, and reasons for, the provision of assistance under this section for any projects being carried out by industry entities.
(2)
(i)
(1) the activities of ARPA–I are coordinated with, and do not duplicate the efforts of, programs and laboratories within—
(A) the Department; and
(B) other relevant research agencies; and
(2) no funding is provided by ARPA–I for a project, unless the eligible entity proposing the project—
(A) demonstrates sufficient attempts to secure private financing; or
(B) indicates that the project is not independently commercially viable.
(j)
(k)
(1) to accomplish the goals of ARPA–I;
(2) to develop institutional capacity in advanced transportation infrastructure technologies and materials;
(3) to engage underserved populations in developing, demonstrating, and deploying those technologies and materials; and
(4) to otherwise address the needs of ARPA–I.
(l)
(1) partner with university transportation centers under section 5505 to accomplish the goals, and address the needs, of ARPA–I; and
(2) sponsor and select for funding, in accordance with section 5505, competitively selected university transportation center grants, in addition to the assistance provided under section 5505, to address targeted technology and material goals of ARPA–I.
(m)
(1)
(A) an existing advisory committee, office, or other group within the Department; and
(B) a new advisory committee organized to support the programs of ARPA–I by providing advice and assistance regarding—
(i) specific program tasks; or
(ii) the overall direction of ARPA–I.
(2)
(A) the President's Council of Advisors on Science and Technology;
(B) the Advanced Research Projects Agency–Energy; and
(C) any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPA–I.
(n)
(1)
(2)
(A) a recommendation regarding whether ARPA–I should be continued;
(B) a recommendation regarding whether ARPA–I, or the Department generally, should continue to allow entities to submit unsolicited research proposals; and
(C) a description of—
(i) the lessons learned from the operation of ARPA–I; and
(ii) the manner in which those lessons may apply to the operation of other programs of the Department.
(3)
(A) Congress; and
(B) the public.
(o)
(1)
(A) commercial and financial information obtained from a person;
(B) privileged or confidential; and
(C) not subject to disclosure under section 552(b)(4) of title 5.
(2)
(A) information relating to plans for commercialization of technologies developed using assistance provided under this section, including business plans, technology-to-market plans, market studies, and cost and performance models;
(B) information relating to investments provided to an eligible entity from a third party (such as a venture capital firm, a hedge fund, and a private equity firm), including any percentage of ownership of an eligible entity provided in return for such an investment;
(C) information relating to additional financial support that the eligible entity—
(i) plans to invest, or has invested, in the technology developed using assistance provided under this section; or
(ii) is seeking from a third party; and
(D) information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section.
(p)
(1) shall be in addition to any existing authority provided to the Secretary; and
(2) shall not supersede or modify any other existing authority.
(q)
(1)
(2)
(A)
(B)
(3)
(A) not less than 5 percent shall be used for technology transfer and outreach activities—
(i) in accordance with the goal described in subsection (c)(2)(D); and
(ii) within the responsibilities of the program directors described in subsection (e)(2)(B)(viii); and
(B) none may be used for the construction of any new building or facility during the 5-year period beginning on the date of enactment of the Surface Transportation Investment Act of 2021.
(Pub. L. 117–58, div. B, title V, §25012(a), Nov. 15, 2021, 135 Stat. 859.)
Editorial Notes
References in Text
Level II of the Executive Schedule, referred to in subsec. (e)(3)(A)(ii), is set out in section 5313 of Title 5, Government Organization and Employees.
The date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsec. (q)(3)(B), is the date of enactment of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021.
CHAPTER 3—GENERAL DUTIES AND POWERS
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—MISCELLANEOUS
Editorial Notes
Amendments
2021—Pub. L. 117–58, div. B, title V, §25008(b), Nov. 15, 2021, 135 Stat. 852, which directed amendment of the analysis for subchapter I of this chapter by adding item 313 at the end, was executed by adding item 313 to the analysis for this chapter, to reflect the probable intent of Congress.
Pub. L. 117–58, div. B, title IV, §24111(b), Nov. 15, 2021, 135 Stat. 815, which directed amendment of the analysis for subchapter III of this chapter by adding item 355 at the end, was executed by adding item 355 to the analysis for this chapter, to reflect the probable intent of Congress.
2018—Pub. L. 115–282, title V, §514(c), Dec. 4, 2018, 132 Stat. 4278, which directed amendment of the analysis for this chapter by adding item 312 at the end, was executed by adding item 312 at the end of the item for subchapter I, to reflect the probable intent of Congress.
2016—Pub. L. 114–322, title IV, §5001(b), Dec. 16, 2016, 130 Stat. 1885, added item 311.
2015—Pub. L. 114–94, div. A, title I, §§1311(b), 1312(b), 1313(b), title VI, §6011(c), Dec. 4, 2015, 129 Stat. 1399, 1400, 1402, 1569, added items 304a, 307, and 310 and substituted "Research activities" for "Research contracts" in item 330.
Pub. L. 114–94, div. A, title I, §1446(d)(4), Dec. 4, 2015, 129 Stat. 1438, amended section 1314(b) of Pub. L. 112–141, effective July 6, 2012, as if included in Pub. L. 112–141 as enacted. See 2012 Amendment note below.
2012—Pub. L. 112–141, div. A, title I, §1314(b), div. C, title II, §32932(a)(2), July 6, 2012, 126 Stat. 549, 829, as amended by Pub. L. 114–94, div. A, title I, §1446(d)(4), Dec. 4, 2015, 129 Stat. 1438, substituted "Application of categorical exclusions for multimodal projects" for "Joint activities with the Secretary of Housing and Urban Development" in item 304 and struck out item 307 "Safety information and intervention in Interstate Commerce Commission proceedings".
2003—Pub. L. 108–168, §8(b)(2), Dec. 6, 2003, 117 Stat. 2035, added item 354.
1994—Pub. L. 103–272, §4(j)(6)(B), (9)(B), (10)(B), July 5, 1994, 108 Stat. 1366–1368, added item 303a, struck out items 334 "Limit on aviation charges" and 335 "Authorization of appropriations", and added item 337, subchapter III heading, and items 351 to 353.
1991—Pub. L. 102–240, title I, §1036(c)(2), Dec. 18, 1991, 105 Stat. 1985, added item 309.
1989—Pub. L. 101–225, title III, §305(2), Dec. 12, 1989, 103 Stat. 1925, added item 336.
1984—Pub. L. 98–216, §2(1)(B), Feb. 14, 1984, 98 Stat. 5, substituted "Reports" for "Annual reports" in item 308.
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
§301. Leadership, consultation, and cooperation
The Secretary of Transportation shall—
(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102–240, title V, §5002(a), title VI, §6017, Dec. 18, 1991, 105 Stat. 2158, 2183; Pub. L. 105–178, title I, §1504, June 9, 1998, 112 Stat. 251.)
| 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.
Editorial Notes
Amendments
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.
Statutory Notes and Related Subsidiaries
Geomatic Data
Pub. L. 117–58, div. A, title I, §11308, Nov. 15, 2021, 135 Stat. 534, provided that:
"(a)
"(b)
"(c)
"(1) notice of the proposed guidance; and
"(2) an opportunity to comment on the proposed guidance.
"(d)
"(1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or
"(2) changes the current statutory or regulatory requirements of the Department [of Transportation]."
Risk and System Resilience
Pub. L. 117–58, div. B, title V, §25007, Nov. 15, 2021, 135 Stat. 849, provided that:
"(a)
"(1) resilience to threat probabilities by type of hazard and geographical location;
"(2) resilience to asset vulnerabilities with respect to each applicable threat; and
"(3) anticipated consequences from each applicable threat to each asset.
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and
"(B) build on existing resilience research, including studies conducted by—
"(i) the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and
"(ii) the National Institute of Standards and Technology.
"(2)
Safety Data Initiative
Pub. L. 117–58, div. B, title V, §25011, Nov. 15, 2021, 135 Stat. 857, provided that:
"(a)
"(1) a State;
"(2) a unit of local government;
"(3) a transit agency or authority;
"(4) a metropolitan planning organization;
"(5) any other subdivision of a State or local government;
"(6) an institution of higher education; and
"(7) a multi-State or multijurisdictional group.
"(b)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(I) carry out demonstration programs;
"(II) award grants and provide incentives to eligible entities;
"(III) enter into partnerships with—
"(aa) eligible entities;
"(bb) private sector entities; and
"(cc) National Laboratories; and
"(IV) use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes.
"(B)
"(i) develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis;
"(ii)(I) identify innovative State and local government practices;
"(II) incubate those practices for further development; and
"(III) replicate those practices nationwide; and
"(iii) transfer to State and local governments the results of the applied research carried out under that subparagraph.
"(C)
"(i)
"(I) encourage the sharing of data between and among Federal, State, and local transportation agencies; and
"(II) leverage data from private sector entities.
"(ii)
"(I) the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and
"(II) the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data.
"(iii)
"(I) the Director of the Bureau of Transportation Statistics;
"(II) 1 or more trusted third parties, as determined by the Secretary; or
"(III) 1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data.
"(3)
"(A)
"(i) the Under Secretary of Transportation for Policy;
"(ii) the Chief Information Officer of the Department [of Transportation];
"(iii) the Administrator of the National Highway Traffic Safety Administration;
"(iv) the Administrator of the Federal Highway Administration;
"(v) the Administrator of the Federal Motor Carrier Safety Administration;
"(vi) the Administrator of the Federal Transit Administration; and
"(vii) the Administrator of the Federal Railroad Administration.
"(B)
"(C)
"(4)
"(A) the date that is 1 year after the date of enactment of this Act; and
"(B) the date on which the Secretary makes the direction to officials described in paragraph (3)(C)."
GAO Cybersecurity Recommendations
Pub. L. 117–58, div. B, title V, §25022, Nov. 15, 2021, 135 Stat. 878, provided that:
"(a)
"(1) by developing a cybersecurity risk management strategy for the systems and information of the Department [of Transportation];
"(2) by updating policies to address an organization-wide risk assessment; and
"(3) by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions.
"(b)
"(1) reviewing positions in the Department; and
"(2) assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework.
"(c)
"(1)
"(2)
"(A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department;
"(B) the extent to which officials of the Department—
"(i) establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and
"(ii) hold managers accountable for cybersecurity within the components of the Department; and
"(C) other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate."
Performance Measurement, Transparency, and Accountability
Pub. L. 117–58, div. B, title VII, §27001, Nov. 15, 2021, 135 Stat. 884, provided that: "For each grant awarded under this Act [div. B of Pub. L. 117–58, see Tables for classification], or an amendment made by this Act, the Secretary may—
"(1) develop metrics to assess the effectiveness of the activities funded by the grant;
"(2) establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph (1); and
"(3) not later than the date that is 4 years after the date of the initial award of the grant and every 2 years thereafter until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph (2)."
National Advisory Committee on Travel and Tourism Infrastructure
Pub. L. 114–94, div. A, title I, §1431, Dec. 4, 2015, 129 Stat. 1427, as amended by Pub. L. 117–58, div. B, title V, §25018(a), Nov. 15, 2021, 135 Stat. 874, provided that:
"(a)
"(1) 1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;
"(2) the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;
"(3) international travel to the United States is the single largest export industry in the United States, generating a trade surplus balance of approximately $74,000,000,000;
"(4) travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and
"(5) the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.
"(b)
"(c)
"(1) be composed of members appointed by the Secretary for terms of not more than 3 years; and
"(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—
"(A) the travel and tourism industry, product and service providers, and travel and tourism-related associations;
"(B) travel, tourism, and destination marketing organizations;
"(C) the travel and tourism-related workforce;
"(D) State tourism offices;
"(E) State departments of transportation;
"(F) regional and metropolitan planning organizations; and
"(G) local governments.
"(d)
"(1) advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the intermodal transportation network of the United States to facilitate travel and tourism;
"(2) serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;
"(3) promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;
"(4) gather information, develop technical advice, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that—
"(A) is safe, economical, and efficient; and
"(B) maximizes the benefits to the United States generated through the travel and tourism industry;
"(5) identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;
"(6) provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;
"(7) provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and
"(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.
"(e)
"(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID–19) pandemic; and
"(2) that includes—
"(A) an assessment of the condition and performance of the national transportation network, including consideration of the impacts of the COVID–19 pandemic;
"(B) an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism;
"(C) forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;
"(D) an identification of the major transportation facilities and corridors of regional significance for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;
"(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);
"(F) best practices for improving the performance of the national transportation network;
"(G) strategies to improve intermodal connectivity for long-haul passenger travel and tourism; and
"(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic, but often less-traveled, roads that promote tourism and economic development throughout the United States."
Collaboration and Support
Pub. L. 114–94, div. A, title VI, §6024, Dec. 4, 2015, 129 Stat. 1585, provided that: "The Secretary [of Transportation] may solicit the support of, and identify opportunities to collaborate with, other Federal research agencies and national laboratories to assist in the effective and efficient pursuit and resolution of research challenges identified by the Secretary."
Public-Private Partnerships
Pub. L. 112–141, div. A, title I, §1534, July 6, 2012, 126 Stat. 584, provided that:
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
Vessel Transfer Authority
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."
Budget Justification
Pub. L. 112–141, div. A, title I, §1532, July 6, 2012, 126 Stat. 583, provided that: "The Secretary [of Transportation] shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification for each agency of the Department concurrently with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code."
Pub. L. 109–59, title I, §1926, Aug. 10, 2005, 119 Stat. 1483, as amended by Pub. L. 110–244, title I, §108(a), June 6, 2008, 122 Stat. 1602, provided that: "Notwithstanding any other provision of law, the Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code."
Coordinated Transportation Services
Pub. L. 105–178, title III, §3034, June 9, 1998, 112 Stat. 386, provided that, not later than 1 year after June 9, 1998, the Comptroller General would transmit to Congress the results of a study of Federal departments and agencies (other than the Department of Transportation) receiving Federal financial assistance for non-emergency transportation services and any recommendations for enhanced coordination between the Department of Transportation and other Federal departments and agencies that provide non-emergency transportation funding.
Establishment of Nationwide Differential Global Positioning System
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."
Intermodal Transportation Advisory Board and Office of Intermodalism
Pub. L. 102–240, title V, §5002(b), (c), Dec. 18, 1991, 105 Stat. 2158, which provided for establishment within the Office of the Secretary of Transportation of an Intermodal Transportation Advisory Board to make recommendations for carrying out responsibilities of the Secretary concerning the coordination of Federal policy on intermodal transportation, and for establishment within the Office of the Secretary of an Office of Intermodalism to develop intermodal transportation data, to coordinate Federal research on intermodal transportation, to provide technical assistance to States and metropolitan planning organizations, and to provide administrative and clerical support to the Intermodal Transportation Advisory Board, was repealed and reenacted as sections 5502 and former 5503 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 849, 850, 1379.
Model Intermodal Transportation Plans
Pub. L. 102–240, title V, §5003, Dec. 18, 1991, 105 Stat. 2159, which directed Secretary of Transportation to make grants to States, representing a variety of geographic regions and transportation needs, patterns, and modes, for purpose of developing model State intermodal transportation plans consistent with policy of United States to encourage and promote development of national intermodal transportation system, was repealed and reenacted as section 5504 of this title by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 850, 1379.
National Commission on Intermodal Transportation
Pub. L. 102–240, title V, §5005, Dec. 18, 1991, 105 Stat. 2160, provided for establishment of a National Commission on Intermodal Transportation, consisting of 11 appointed members, to make a complete investigation and study of intermodal transportation in the United States and internationally and to send a report to Congress not later than Sept. 30, 1993, containing recommendations for implementing the policy set out in section 302(e) of this title, with the Commission to terminate on the 180th day following transmittal of the report, prior to repeal by Pub. L. 104–287, §7(3), Oct. 11, 1996, 110 Stat. 3400.
Border Crossings
Pub. L. 102–240, title VI, §6015, Dec. 18, 1991, 105 Stat. 2181, directed Secretary of Transportation to identify existing and emerging trade corridors and transportation subsystems that facilitate trade between United States, Canada, and Mexico and to recommend changes to improve and integrate corridor subsystems in order to achieve increased productivity and use of innovative marketing techniques, and directed Secretary to report to Congress not later than 18 months after Dec. 18, 1991, on transportation infrastructure needs and associated costs and to propose an agenda to develop systemwide integration of services for national benefits.
Underground Pipelines
Pub. L. 102–240, title VI, §6020, Dec. 18, 1991, 105 Stat. 2184, directed Secretary of Transportation to conduct a study to evaluate feasibility, costs, and benefits of constructing and operating pneumatic capsule pipelines for underground movement of commodities other than hazardous liquids and gas, and to submit, not later than 2 years after Dec. 18, 1991, a report to Congress on the results of the study, prior to repeal by Pub. L. 104–287, §7(3), Oct. 11, 1996, 110 Stat. 3400.
Long-Range National Transportation Strategic Planning Study
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.
Executive Documents
Commercial Expendable Launch Vehicle Activities
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 50903 of Title 51, National and Commercial Space Programs.
Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews
Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, §2, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:
(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.
§302. Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.
(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
(c) The Secretary shall consider the needs—
(1) for effectiveness and safety in transportation systems; and
(2) of national defense.
(d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—
(A) conducting economic and technological research;
(B) demonstrating advancements in high-speed ground transportation technologies;
(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
(D) minimizing the long-term risks of investors.
(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
(e)
(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.
Editorial Notes
Amendments
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.".
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
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 1301 of this title.
Effective Date of 1991 Amendment
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.
§303. Policy on lands, wildlife and waterfowl refuges, and historic sites
(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
(c)
(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 306108 of title 54, United States Code,2 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.
(e)
(1)
(A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 306108 of title 54, including implementing regulations; and
(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the "Council") to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
(2)
(A)
(i) include the determination of the Secretary in the analysis required under that Act;
(ii) provide a notice of the determination to—
(I) each applicable State historic preservation officer and tribal historic preservation officer;
(II) the Council, if the Council is participating in the consultation process under section 306108 of title 54; and
(III) the Secretary of the Interior; and
(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).
(B)
(C)
(i) be included in the record of decision or finding of no significant impact of the Secretary; and
(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
(3)
(A)
(B)
(f)
(1)
(2)
(g)
(h)
(1)
(2)
(A)
(i) stations; or
(ii) bridges or tunnels located on—
(I) railroad lines that have been abandoned; or
(II) transit lines that are not in use.
(B)
(i) over which service has been discontinued; or
(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100–17, title I, §133(d), Apr. 2, 1987, 101 Stat. 173; Pub. L. 109–59, title VI, §6009(a)(2), Aug. 10, 2005, 119 Stat. 1875; Pub. L. 113–287, §5(p), Dec. 19, 2014, 128 Stat. 3272; Pub. L. 114–94, div. A, title I, §§1301(b), 1302(b), 1303(b), title XI, §11502(b), Dec. 4, 2015, 129 Stat. 1376, 1378, 1690.)
| 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.
Editorial Notes
References in Text
Section 204 of title 23, referred to in subsec. (c), was repealed and a new section 204 enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489.
The National Environmental Policy Act of 1969, referred to in subsec. (e)(1)(A), (2)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of this subsection, referred to in subsec. (e)(1)(B), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
Amendments
2015—Subsec. (c). Pub. L. 114–94, §11502(b)(1), substituted "subsections (d) and (h)" for "subsection (d)".
Subsec. (e). Pub. L. 114–94, §1301(b), added subsec. (e).
Subsec. (f). Pub. L. 114–94, §1302(b), added subsec. (f).
Subsec. (g). Pub. L. 114–94, §1303(b), added subsec. (g).
Subsec. (h). Pub. L. 114–94, §11502(b)(2), added subsec. (h).
2014—Subsec. (d)(2)(A). Pub. L. 113–287 substituted "section 306108 of title 54, United States Code" for "section 106 of the National Historic Preservation Act (16 U.S.C. 470f)" in introductory provisions.
2005—Subsec. (c). Pub. L. 109–59, §6009(a)(2)(A), inserted heading and substituted "Subject to subsection (d), the Secretary" for "The Secretary" in introductory provisions.
Subsec. (d). Pub. L. 109–59, §6009(a)(2)(B), added subsec. (d).
1987—Subsec. (c). Pub. L. 100–17 inserted "(other than any project for a park road or parkway under section 204 of title 23)" after "program or project".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Treatment of Military Flight Operations
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."
1 See References in Text note below.
2 So in original. The words ", United States Code" probably should not appear.
§303a. Development of water transportation
(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.
Statutory Notes and Related Subsidiaries
Arctic Shipping Federal Advisory Committee
Pub. L. 116–283, div. G, title LVXXXIV [LXXXIV], §8426, Jan. 1, 2021, 134 Stat. 4730, provided that:
"(a)
"(b)
"(1)
"(2)
"(3) Arctic sea routes.—The term 'Arctic Sea Routes' means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage.
"(c)
"(1)
"(A)
"(B)
"(2)
"(A)
"(B)
"(i) 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee;
"(ii) 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee;
"(iii) 1 designee of the Secretary of Commerce;
"(iv) 1 designee of the Secretary of State;
"(v) 1 designee of the Secretary of Transportation;
"(vi) 1 designee of the Secretary of Defense;
"(vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation;
"(viii) 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation;
"(ix) 3 Alaska Native Tribal members;
"(x) 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation;
"(xi) 1 individual representing coastal communities affected by Arctic maritime transportation;
"(xii) 1 individual representing vessels of the United States (as defined in section 116 of title 46, United States Code) participating in the shipping industry;
"(xiii) 1 individual representing the marine safety community;
"(xiv) 1 individual representing the Arctic business community; and
"(xv) 1 individual representing maritime labor organizations.
"(C)
"(i)
"(ii)
"(3)
"(A) Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority. Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law:
"(i) Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports.
"(ii) Provision of services that are not widely commercially available in the United States Arctic that would—
"(I) improve Arctic maritime safety and environmental protection;
"(II) enhance Arctic maritime domain awareness; and
"(III) support navigation and incident response for vessels transiting the Arctic Sea Routes.
"(iii) Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services.
"(B) As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and—
"(i) develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or
"(ii) if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable.
"(C) Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations.
"(D) In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes.
"(d)
"(e)
"(f)
"(1) coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and
"(2) facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation.
"(g)
§304. Application of categorical exclusions for multimodal projects
(a)
(1)
(2)
(3)
(b)
(c)
(1) the lead authority makes a determination, with the concurrence of the cooperating authority—
(A) on the applicability of a categorical exclusion to a proposed multimodal project; and
(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and this section;
(2) the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and
(3) the lead authority determines that—
(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and
(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.
(d)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 112–141, div. A, title I, §1314(a), July 6, 2012, 126 Stat. 547; Pub. L. 114–94, div. A, title I, §1310, Dec. 4, 2015, 129 Stat. 1397.)
| 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.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2) and (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2015—Subsec. (a)(1). Pub. L. 114–94, §1310(1)(A), substituted "operating administration or secretarial office that has expertise but" for "operating authority that" and inserted "proposed multimodal" after "with respect to a".
Subsec. (a)(2). Pub. L. 114–94, §1310(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "The term 'lead authority' means a Department of Transportation operating administration or secretarial office that—
"(A) is the lead authority over a proposed multimodal project; and
"(B) has determined that the components of the project that fall under the modal expertise of the lead authority—
"(i) satisfy the conditions for a categorical exclusion under implementing regulations or procedures of the lead authority under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
"(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act."
Subsec. (b). Pub. L. 114–94, §1310(2), inserted "or title 23" after "under this title".
Subsec. (c). Pub. L. 114–94, §1310(3), added subsec. (c) and struck out former subsec. (c) which related to application of categorical exclusions for multimodal projects.
Subsec. (d). Pub. L. 114–94, §1310(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows:
"(1)
"(2)
2012–Pub. L. 112–141 amended section generally. Prior to amendment, section related to joint activities with the Secretary of Housing and Urban Development.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§304a. Accelerated decisionmaking in environmental reviews
(a)
(1) cite the sources, authorities, and reasons that support the position of the agency; and
(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(b)
(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
(c)
(1)
(2)
(A) the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;
(B) the other operating administration concurs with such decision; and
(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(3)
(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;
(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and
(C) the incorporated material does not include proprietary data that is not available for review and comment.
(Added Pub. L. 114–94, div. A, title I, §1311(a), Dec. 4, 2015, 129 Stat. 1398.)
Statutory Notes and Related Subsidiaries
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (c)(2)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§305. Transportation investment standards and criteria
(a) Subject to sections 301–304 1 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.
Editorial Notes
References in Text
Section 304 of this title, referred to in subsec. (a), was amended generally by Pub. L. 112–141, div. A, title I, §1314(a), July 6, 2012, 126 Stat. 547.
1 See References in Text note below.
§306. Prohibited discrimination
(a) In this section, "financial assistance" includes obligation guarantees.
(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 or chapter 221, 224, or 249 of this title, or section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726).
(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; Pub. L. 117–58, div. B, title I, §21301(j)(4)(B), Nov. 15, 2021, 135 Stat. 693.)
| 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.
Pub. L. 98–216
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.
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. 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.
Amendments
2021—Subsec. (b). Pub. L. 117–58 substituted "chapter 221, 224, or 249 of this title, or" for "chapter 221 or 249 of this title," and struck out ", or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)" before period at end.
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.".
§307. Improving State and Federal agency engagement in environmental reviews
(a)
(1)
(2)
(b)
(c)
(d)
(e)
(1)
(2)
(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;
(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and
(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.
(f)
(Added Pub. L. 114–94, div. A, title I, §1312(a), Dec. 4, 2015, 129 Stat. 1399.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
Prior Provisions
A prior section 307, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2421, related to safety information and intervention in Interstate Commerce Commission proceedings, prior to repeal by Pub. L. 112–141, div. C, title II, §32932(a)(1), July 6, 2012, 126 Stat. 829, effective Oct. 1, 2012.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§308. Reports
(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
(b) The Secretary shall submit to 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.
(c)(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; Pub. L. 118–63, title II, §218(a), May 16, 2024, 138 Stat. 1055.)
| 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.
Editorial Notes
Amendments
2024—Subsec. (b). Pub. L. 118–63, §218(a)(1), (2), redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to annual report on aviation activities of the Department.
Subsecs. (c), (e). Pub. L. 118–63, §218(a)(3), redesignated subsec. (e) as (c). Former subsec. (c) redesignated (b).
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).
Statutory Notes and Related Subsidiaries
Annual Report
Pub. L. 117–58, div. A, title I, §11319, Nov. 15, 2021, 135 Stat. 545, provided that:
"(a)
"(1) that is more than 5 years behind schedule; or
"(2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity.
"(b)
"(1) a brief description of the covered project, including—
"(A) the purpose of the covered project;
"(B) each location in which the covered project is carried out;
"(C) the contract or award number of the covered project, if applicable;
"(D) the year in which the covered project was initiated;
"(E) the Federal share of the total cost of the covered project; and
"(F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project;
"(2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project;
"(3) the original expected date for completion of the covered project;
"(4) the current expected date for completion of the covered project;
"(5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
"(6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
"(7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and
"(8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project."
Rulemaking Report
Pub. L. 117–58, div. B, title IV, §24210, Nov. 15, 2021, 135 Stat. 824, provided that:
"(a)
"(1) has not been finalized by the date on which the relevant notification is submitted under subsection (b); and
"(2) relates to—
"(A) section 30120A of title 49, United States Code;
"(B) section 30166(o) of title 49, United States Code;
"(C) section 30172 of title 49, United States Code;
"(D) section 32302(c) of title 49, United States Code;
"(E) a defect reporting requirement under section 32302(d) of title 49, United States Code;
"(F) subsections (b) and (c) of section 32304A of title 49, United States Code;
"(G) the tire pressure monitoring standards required under section 24115 of the FAST Act (49 U.S.C. 30123 note; Public Law 114–94);
"(H) the amendment made by section 24402 of the FAST Act (129 Stat. 1720; Public Law 114–94) to section 30120(g)(1) of title 49, United States Code;
"(I) the records retention rule required under section 24403 of the FAST Act (49 U.S.C. 30117 note; Public Law 114–94);
"(J) the amendments made by section 24405 of the FAST Act (Public Law 114–94; 129 Stat. 1721) to section 30114 of title 49, United States Code;
"(K) a defect and noncompliance notification required under—
"(i) section 24104 of the FAST Act (49 U.S.C. 30119 note; Public Law 114–94); or
"(ii) section 31301 of MAP–21 (49 U.S.C. 30166 note; Public Law 112–141);
"(L) a side impact or frontal impact test procedure for child restraint systems under section 31501 of MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
"(M) an upgrade to child restraint anchorage system usability requirements required under section 31502 of MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
"(N) the rear seat belt reminder system required under section 31503 of MAP–21 (49 U.S.C. 30127 note; Public Law 112–141);
"(O) a motorcoach rulemaking required under section 32703 of MAP–21 (49 U.S.C. 31136 note; Public Law 112–141); or
"(P) any rulemaking required under this Act [div. B of Pub. L. 117–58, see Tables for classification].
"(b)
"(1) for a covered rulemaking with a statutory deadline for completion—
"(A) an explanation of why the deadline was not met; and
"(B) an expected date of completion of the covered rulemaking; and
"(2) for a covered rulemaking without a statutory deadline for completion, an expected date of completion of the covered rulemaking.
"(c)
"(1) an updated timeline;
"(2) a list of factors causing delays in the completion of the covered rulemaking; and
"(3) any other details associated with the status of the covered rulemaking."
Availability of Reports
Pub. L. 114–94, div. A, title I, §1434, Dec. 4, 2015, 129 Stat. 1430, provided that:
"(a)
"(b)
Termination of Reporting Requirements
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.
Annual Report on Safety Enforcement Activities of Federal Aviation Administration
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.
§309. High-speed ground transportation
(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.
(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.
(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.
(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.
(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include—
(I) feasibility of guideway or track design and construction;
(II) safety and reliability;
(III) impact on the environment in comparison to other high-speed ground transportation technologies;
(IV) minimization of land use;
(V) effect on human factors related to high-speed ground transportation;
(VI) energy and power consumption and cost;
(VII) integration of high-speed ground transportation systems with other modes of transportation;
(VIII) actual and projected ridership; and
(IX) design of signaling, communications, and control systems.
(C) For the purposes of this paragraph, the term "eligible applicant" means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.
(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.
(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as defined by section 201(b) of title 35, United States Code), with United States companies for the purpose of—
(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and
(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.
(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity's share of the cost of any such project shall be paid in cash.
(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code.
(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).
(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of—
(A) an economic and financial analysis;
(B) a technical assessment; and
(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.
(2) The economic and financial analysis referred to in paragraph (1)(A) shall include—
(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;
(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of—
(i) the current transportation practices and trends in each market; and
(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;
(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;
(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;
(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;
(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;
(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;
(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;
(I) an assessment of the potential for a high-speed ground transportation technology export market;
(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;
(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and
(L) any other economic or financial analyses the Secretary considers important for carrying out this section.
(3) The technical assessment referred to in paragraph (1)(B) shall include—
(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;
(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;
(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;
(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;
(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;
(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and
(G) any other technical assessments the Secretary considers important for carrying out this section.
(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the "Policy").
(2) The Policy shall include—
(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;
(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;
(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and
(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.
(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.
(Added Pub. L. 102–240, title I, §1036(c)(1), Dec. 18, 1991, 105 Stat. 1982.)
Editorial Notes
References in Text
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, 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.
Statutory Notes and Related Subsidiaries
Effective Date
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.
National Magnetic Levitation Prototype Development Program
Pub. L. 102–240, title I, §1036(b), Dec. 18, 1991, 105 Stat. 1978, 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)
§310. Aligning Federal environmental reviews
(a)
(b)
(1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;
(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation's statement of a project's purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's obligations under a statute or Executive order; and
(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency's environmental or permitting review in order to meet an agency of jurisdiction's obligations under a statute or Executive order.
(c)
(1)
(2)
(A) identify agencies of jurisdiction and cooperating agencies;
(B) develop the information needed for the purpose and need and alternatives for analysis; and
(C) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.
(d)
(1)
(2)
(A) fully engaged;
(B) utilizing the flexibility of existing regulations, policies, and guidance; and
(C) identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.
(3)
(A) work with State and local transportation entities to improve project planning, siting, and application quality; and
(B) consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.
(4)
(e)
(f)
(1)
(A) progress in aligning Federal environmental reviews under this section; and
(B) the impact this section has had on accelerating the environmental review and permitting process.
(2)
(A) progress in aligning Federal environmental reviews under this section; and
(B) the impact this section has had on accelerating the environmental review and permitting process.
(g)
(Added Pub. L. 114–94, div. A, title I, §1313(a), Dec. 4, 2015, 129 Stat. 1400; amended Pub. L. 115–420, §3, Jan. 3, 2019, 132 Stat. 5444.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a), (c)(1), (e), and (f)(1), (2), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
The National Environmental Policy Act of 1969, referred to in subsec. (a), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2019—Subsec. (f)(1). Pub. L. 115–420 inserted ", and make publicly available on the Department of Transportation website," after "House of Representatives" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§311. Congressional notification requirements
(a)
(b)
(1) at least 3 full business days before the issuance of the allocation; or
(2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process).
(c)
(1)
(A) the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
(3)
(Added Pub. L. 114–322, title IV, §5001(a), Dec. 16, 2016, 130 Stat. 1884.)
§312. Alternative timing system
(a)
(1) to reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (referred to in this section as "GPS"); and
(2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.
(b)
(1)
(2)
(A) be wireless;
(B) be terrestrial;
(C) provide wide-area coverage;
(D) be synchronized with coordinated universal time;
(E) be resilient and extremely difficult to disrupt or degrade;
(F) be able to penetrate underground and inside buildings;
(G) be capable of deployment to remote locations;
(H) be developed, constructed, and operated incorporating applicable private sector expertise;
(I) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems;
(J) be available for use by Federal and non-Federal government agencies for public purposes at no net cost to the Federal Government within 10 years of initiation of operation;
(K) be capable of adaptation and expansion to provide position and navigation capabilities;
(L) incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and
(M) incorporate such other elements as the Secretary considers appropriate.
(c)
(1)
(A) A plan to develop, construct, and operate the system required by subsection (a).
(B) A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS.
(2)
(3)
(d)
(1)
(2)
(e)
(1)
(2)
(A) authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense;
(B) require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section;
(C) allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies;
(D) require the entity to share 25 percent of the gross proceeds received by the entity from the sale of timing services to third parties with the Secretary for at least 10 years after the date upon which the Secretary enters into the cooperative agreement;
(E) require the entity—
(i) to assume all financial risk for the completion and operational capability of the system, after the Secretary provides any LORAN facilities necessary for the system under subsection (d), if required for the alternative timing system; and
(ii) to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and
(F) require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency.
(3)
(4)
(5)
(6)
(Added Pub. L. 115–282, title V, §514(b), Dec. 4, 2018, 132 Stat. 4276; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8507(d)(2), Jan. 1, 2021, 134 Stat. 4754; Pub. L. 117–103, div. L, title I, §109A, Mar. 15, 2022, 136 Stat. 691.)
Editorial Notes
References in Text
The date of enactment of the National Timing Resilience and Security Act of 2018, referred to in subsecs. (b)(1) and (c)(1), (2), is the date of enactment of section 514 of Pub. L. 115–282, which was approved Dec. 4, 2018.
Section 1618 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b)(1), is section 1618 of Pub. L. 114–328, div. A, title XVI, Dec. 23, 2016, 130 Stat. 2595, which is not classified to the Code.
Amendments
2022—Subsec. (a). Pub. L. 117–103 struck out "land-based," after "operation of a".
2021—Pub. L. 116–283 made technical correction to directory language of Pub. L. 115–282, §514(b), which enacted this section.
Effective Date of 2021 Amendment
Section 8507(d) of div. G of Pub. L. 116–283 effective as if included in Pub. L. 115–282, see section 8507(d)(7) of Pub. L. 116–283, set out as a note under section 1226 of Title 33, Navigation and Navigable Waters.
Statutory Notes and Related Subsidiaries
Short Title
For short title of section 514 of Pub. L. 115–282, which enacted this section, as the "National Timing Resilience and Security Act of 2018", see section 514(a) of Pub. L. 115–282, set out as a Short Title of 2018 Amendment note under section 101 of this title.
1 So in original. The comma probably should not appear.
§313. Nontraditional and Emerging Transportation Technology Council
(a)
(b)
(1)
(A) the Secretary, who shall serve as an ex officio member of the Council;
(B) the Deputy Secretary of Transportation;
(C) the Under Secretary of Transportation for Policy;
(D) the Assistant Secretary for Research and Technology of the Department of Transportation;
(E) the Assistant Secretary for Budget and Programs of the Department of Transportation;
(F) the General Counsel of the Department of Transportation;
(G) the Chief Information Officer of the Department of Transportation;
(H) the Administrator of the Federal Aviation Administration;
(I) the Administrator of the Federal Highway Administration;
(J) the Administrator of the Federal Motor Carrier Safety Administration;
(K) the Administrator of the Federal Railroad Administration;
(L) the Administrator of the Federal Transit Administration;
(M) the Administrator of the Maritime Administration;
(N) the Administrator of the National Highway Traffic Safety Administration;
(O) the Administrator of the Pipeline and Hazardous Materials Safety Administration; and
(P) any other official of the Department of Transportation, as determined by the Secretary.
(2)
(A)
(B)
(c)
(1) identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies, modes, or projects pending or brought before the Department of Transportation to reduce, to the maximum extent practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with respect to—
(A) safety oversight;
(B) environmental review; and
(C) funding and financing issues;
(2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects;
(3) engage with stakeholders in nontraditional and emerging transportation technology projects; and
(4) develop and establish Department of Transportation-wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects.
(d)
(1) publish initial guidelines to achieve the purposes described in subsection (c)(4); and
(2) promote each modal administration within the Department of Transportation to further test and support the advancement of nontraditional and emerging transportation technologies not specifically considered by the Council.
(e)
(f)
(g)
(1) designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and
(2) arrange for the detailing of staff between modal administrations or offices of the Department of Transportation as needed to maximize the sharing of experience and expertise.
(h)
(Added Pub. L. 117–58, div. B, title V, §25008(a), Nov. 15, 2021, 135 Stat. 850.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a) and (d), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
SUBCHAPTER II—ADMINISTRATIVE
§321. Definitions
In this subchapter, "aeronautics", "air commerce", and "air navigation facility" have the same meanings given those terms in section 40102(a) of this title.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, §5(m)(8), July 5, 1994, 108 Stat. 1376; Pub. L. 103–429, §6(2), Oct. 31, 1994, 108 Stat. 4378.)
| 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.
Pub. L. 103–429
This makes a clarifying amendment to 49:321.
Editorial Notes
Amendments
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.".
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–429, §9, Oct. 31, 1994, 108 Stat. 4391, provided that: "The amendments made by sections 6(2)–(15), (19)–(35), (37)–(39), (41), (44)–(52), (54)–(62), (65), (66)(B), (70), (73)–(76), and (78)–(81) of this Act [enacting section 41312 of this title and amending this section and sections 5103, 5104, 5115, 5125, 5307, 5318, 5320, 5323, 5326, 5327, 5331, 5337, 5565, 20136, 22108, 24501, 24904, 30141, 30165, 30166, 30308, 31501, 32101, 32304, 32309, 32505, 32703, 32705, 32706, 32908 to 32910, 32913, 33101, 33106, 40102, 40104, 40110, 41103, 41110, 41734, 44502, 44701, 44711, 44937, 45105, 45302, 46301, 46310, 46502, 47101, 47113, 47114, 47128, 47531, 47532, 60109, and 60112 of this title] shall take effect on July 5, 1994."
§322. General powers
(a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.
(b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1),1 104(c)(1), and 106(g)(1) 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.
Editorial Notes
References in Text
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.
Section 106(g)(1) of this title, referred to in subsec. (b), was struck out by Pub. L. 118–63, title II, §204(b), May 16, 2024, 138 Stat. 1041. Provisions similar to those contained in former subsec. (g)(1) of section 106 are now contained in subsec. (f)(3)(A)(i) of section 106.
Statutory Notes and Related Subsidiaries
Electronic Signatures
Pub. L. 115–271, title VIII, §8108(c), Oct. 24, 2018, 132 Stat. 4107, provided that: "Not later than 18 months after the date of the deadline under subsection (a)(2) [section 8108(a)(2) of Pub. L. 115–271, set out in a note under section 7301 of Title 5, Government Organization and Employees], the Secretary of Transportation shall issue a final rule revising part 40 of title 49, Code of Federal Regulations, to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms."
Availability of Receipts From Fitness Centers For Operation and Maintenance of Facilities
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.
Executive Documents
Executive Order No. 11382
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. Ord. No. 11428, Sept. 5, 1968, 33 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.
§323. Personnel
(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.
(b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)
| 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.
Statutory Notes and Related Subsidiaries
Post-Employment Policy Study
Pub. L. 112–141, div. C, title I, §31308(b), July 6, 2012, 126 Stat. 770, provided that:
"(1)
"(2)
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Energy and Commerce of the House of Representatives; and
"(C) the Secretary of Transportation.
"(3)
§324. Members of the armed forces
(a) The Secretary of Transportation—
(1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and
(2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.
(b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.
(c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.
(d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2423.)
| 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.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
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.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§325. Advisory committees
(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.
(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government.
(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424.)
| 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.
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
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 1013 of Title 5, Government Organization and Employees.
§326. Gifts
(a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift.
(b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of—
(1) gifts of money;
(2) income from property accepted under this section and proceeds from the sale of that property; and
(3) income from securities under subsection (c) of this section.
(c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government.
(d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)
| 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.
Editorial Notes
Amendments
1986—Subsec. (d). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".
§327. Administrative working capital fund
(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include—
(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;
(2) central messenger, mail, telephone, and other communications services;
(3) office space;
(4) central services for document reproduction, and for graphics and visual aids; and
(5) a central library service.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The fund consists of—
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property; and
(4) payments received for loss or damage to property of the fund.
(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)
| 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.
§328. Transportation Systems Center working capital fund
(a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The capital of the fund consists of—
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980;
(3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and
(4) the reasonable value of property and other assets donated to the fund.
(d) The fund shall be reimbursed or credited with—
(1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for—
(A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and
(B) acquiring property and equipment under regulations the Secretary prescribes; and
(2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund.
(e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2425.)
| 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.
§329. Transportation information
(a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.
(b) The Secretary shall—
(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on (A) the origin and destination of passengers in interstate air transportation (as that term is used in part A of subtitle VII of this title), and (B) the number of passengers traveling by air between any two points in interstate air transportation; except that, 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;
(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.)
| 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.
Pub. L. 103–272
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.
Pub. L. 104–287
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).
Editorial Notes
Amendments
2003—Subsec. (b)(1). Pub. L. 108–176, §805(a), substituted "except that, if the Secretary requires air carriers to provide flight-specific information, the Secretary—" and subpars. (A) and (B) for "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;".
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.".
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
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." [RIN 2105–AC71 was withdrawn on June 1, 2011. Final rule under RIN 2105–AE45 updating the Origin and Destination Survey of Airline Passenger Traffic, pursuant to section 329(b)(1) of this title, was issued on Jan. 31, 2023, effective Mar. 2, 2023, see 88 F.R. 6145.]
Effective Date of 1984 Amendment
Pub. L. 98–443, §5(b), Oct. 4, 1984, 98 Stat. 1705, provided that: "The amendment made by this section [amending this section] shall take effect on January 1, 1985."
Department of Transportation Public Drug and Alcohol Testing Database
Pub. L. 115–271, title VIII, §8103, Oct. 24, 2018, 132 Stat. 4104, provided that:
"(a)
"(1) not later than March 31, 2019, establish and make publicly available on its website a database of the drug and alcohol testing data reported by employers for each mode of transportation; and
"(2) update the database annually.
"(b)
"(1) the total number of drug and alcohol tests by type of substance tested;
"(2) the drug and alcohol test results by type of substance tested;
"(3) the reason for the drug or alcohol test, such as pre-employment, random, post-accident, reasonable suspicion or cause, return-to-duty, or follow-up, by type of substance tested; and
"(4) the number of individuals who refused testing.
"(c)
"(d)
§330. Research activities
(a)
(b)
(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)
(d)
(1) Coordination, facilitation, and review of Department of Transportation research and development programs and activities.
(2) Advancement, and research and development, of innovative technologies, including intelligent transportation systems.
(3) Comprehensive transportation statistics research, analysis, and reporting.
(4) Education and training in transportation and transportation-related fields.
(5) Activities of the Volpe National Transportation Systems Center.
(6) Coordination in support of multimodal and multidisciplinary research activities.
(e)
(1) enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and to carry out other research activities of the Department of Transportation;
(2) carry out, on a cost-shared basis, collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with—
(A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;
(B) Federal laboratories; and
(C) other Federal agencies; and
(3) directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Academies, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.
(f)
(1)
(2)
(3)
(g)
(h)
(i)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2427; Pub. L. 114–94, div. A, title VI, §6011(b), Dec. 4, 2015, 129 Stat. 1568.)
| 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.
Editorial Notes
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (h), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Amendments
2015—Pub. L. 114–94, §6011(b)(1), substituted "activities" for "contracts" in section catchline.
Subsecs. (a) to (c). Pub. L. 114–94, §6011(b)(2)–(4), inserted headings.
Subsecs. (d) to (i). Pub. L. 114–94, §6011(b)(5), added subsecs. (d) to (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Volpe Oversight
Pub. L. 117–58, div. B, title V, §25023, Nov. 15, 2021, 135 Stat. 879, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) the amount of Department funding provided to the Volpe Center, as compared to other Federal and non-Federal research partners;
"(B) the process used by the Department to determine whether to work with the Volpe Center, as compared to any other Federal or non-Federal research partner;
"(C) the extent to which the Department is collaborating with the Volpe Center to address research needs relating to emerging issues; and
"(D) whether the operation of the Volpe Center is duplicative of other public or private sector efforts."
Conflicts of Interest
Pub. L. 106–159, title I, §101(g), Dec. 9, 1999, 113 Stat. 1752, provided that:
"(1)
"(2)
"(A)
"(B)
"(C)
§331. Service, supplies, and facilities at remote places
(a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places:
(1) emergency medical services and supplies.
(2) food and other subsistence supplies.
(3) messing facilities.
(4) motion picture equipment and film for recreation and training.
(5) living and working quarters and facilities.
(6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress.
(b) The Secretary shall prescribe reasonable charges for medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made.
(c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2427; Pub. L. 103–272, §4(j)(8), July 5, 1994, 108 Stat. 1367.)
| 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.
Pub. L. 103–272
Section 4(j)(8) amends 49:331(b) to follow more closely the language in former 49:1657(l) on which it was based.
Editorial Notes
Amendments
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".
§332. Minority Resource Center
(a) In this section, "minority" includes women.
(b) The Department of Transportation has a Minority Resource Center. The Center may—
(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;
(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;
(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;
(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;
(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;
(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and
(7) make arrangements to carry out this section.
(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals.
(d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.
(e)
(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.
Editorial Notes
Amendments
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
Statutory Notes and Related Subsidiaries
Abolition of United States Railway Association and Transfer of Functions and Securities
The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to Secretary of Transportation on Jan. 1, 1987, and any securities of Corporation held by Association transferred to Secretary of Transportation on Oct. 21, 1986, see section 1341 of Title 45, Railroads.
§333. Responsibility for rail transportation unification and coordination projects
(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest.
(b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.
(c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through—
(A) elimination of duplicating or overlapping operations and facilities;
(B) reducing switching operations;
(C) using the shortest or more efficient and economical routes;
(D) exchanging trackage rights;
(E) combining trackage and terminal or other facilities;
(F) upgrading tracks and other facilities used by at least 2 rail carriers;
(G) reducing administrative and other expenses; and
(H) other measures likely to reduce costs and improve rail transportation.
(2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11904 of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary.
(d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference—
(A) officers and directors of an affected rail carrier;
(B) representatives of rail carrier employees who may be affected;
(C) representatives of the Surface Transportation Board;
(D) State and local government officials, shippers, and consumer representatives; and
(E) representatives of the Federal Trade Commission and the Attorney General.
(2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project.
(e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Surface Transportation Board under section 11323(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11324(b) of this title. When the proposal is the subject of an application and proceeding before the Board, the Secretary may appear in any proceeding related to the application.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104–88, title III, §308(b), Dec. 29, 1995, 109 Stat. 946; Pub. L. 112–141, div. C, title II, §32932(a)(3), (4), July 6, 2012, 126 Stat. 829.)
| 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.
Editorial Notes
References in Text
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.
Amendments
2012–Subsec. (d)(1)(C). Pub. L. 112–141, §32932(a)(3), substituted "Surface Transportation Board" for "Interstate Commerce Commission".
Subsec. (e). Pub. L. 112–141, §32932(a)(4), substituted "Surface Transportation Board" for "Interstate Commerce Commission" and "Board" for "Commission".
1995—Subsec. (c)(2). Pub. L. 104–88, §308(b)(1), substituted "11904" for "11910(a)(1)".
Subsec. (e). Pub. L. 104–88, §308(b)(2), substituted "11323(a)" for "11343(a)" and "11324(b)" for "11344(b)".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1995 Amendment
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 1301 of this title.
[§§334, 335. Repealed. Pub. L. 103–272, §4(j)(9)(A), July 5, 1994, 108 Stat. 1367]
Section 334, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98–216, §2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–223, title III, §304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–690, title VII, §7207(c)(3), Nov. 18, 1988, 102 Stat. 4428, related to a limit on aviation charges. See section 45301 of this title.
Section 335, Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2430, authorized appropriations to the Secretary of Transportation for fiscal years ending Sept. 30, 1983, and Sept. 30, 1984.
§336. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) The Secretary may refund or remit a civil penalty collected under this section if—
(1) application has been made for refund or remission of the penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added Pub. L. 101–225, title III, §305(1), Dec. 12, 1989, 103 Stat. 1924.)
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§337. Budget request for the Director of Intelligence and Security
The annual budget the Secretary of Transportation submits shall include a specific request for the Office of the Director of Intelligence and Security. In deciding on the budget request for the Office, the Secretary shall consider recommendations in the annual report submitted under section 44938(a) of this title.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)
| 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.
SUBCHAPTER III—MISCELLANEOUS
§351. Judicial review of actions in carrying out certain transferred duties and powers
(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".
Editorial Notes
References in Text
The Department of Transportation Act, referred to in subsecs. (a) and (b), is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, 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.
Amendments
2005—Subsec. (a). Pub. L. 109–59 substituted "Federal Motor Carrier Safety Administration" for "Federal Highway Administration".
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.
§352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality.
(Pub. L. 103–272, §4(j)(10)(A), July 5, 1994, 108 Stat. 1368; Pub. L. 109–59, title IV, §4125(c), Aug. 10, 2005, 119 Stat. 1738.)
| 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.
Editorial Notes
References in Text
The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, 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.
Amendments
2005—Pub. L. 109–59 substituted "Federal Motor Carrier Safety Administration" for "Federal Highway Administration".
§353. Toxicological testing of officers and employees
(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.
§354. Investigative authority of Inspector General
(a)
(b)
(Added and amended Pub. L. 108–168, §8(a), (b)(1), Dec. 6, 2003, 117 Stat. 2034.)
Editorial Notes
Codification
The text of section 228 of Pub. L. 106–159, formerly set out as a note under section 4 of the Inspector General Act of 1978, Pub. L. 95–452, formerly 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.
Amendments
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.
Statutory Notes and Related Subsidiaries
Deposit of Forfeited Funds
Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2724, provided in part: "That hereafter funds transferred to the Office of the Inspector General through forfeiture proceedings or from the Department of Justice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from the forfeiture of property in investigations in which the Office of Inspector General participates, or through the granting of a Petition for Remission or Mitigation, shall be deposited to the credit of this account [Office of Inspector General, Salaries and Expenses] for law enforcement activities authorized under the Inspector General Act of 1978, as amended [see 5 U.S.C. 401 et seq.], to remain available until expended."
Similar provisions were contained in the following prior appropriation act:
Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 600.
§355. Motorcyclist Advisory Council
(a)
(b)
(1)
(A) 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including—
(i) motorcycle and motorcyclist safety;
(ii) barrier and road design, construction, and maintenance; or
(iii) intelligent transportation systems;
(B) 1 shall be a motorcyclist who serves as a State or local—
(i) traffic and safety engineer;
(ii) design engineer; or
(iii) other transportation department official;
(C) 1 shall be a representative of a national association of State transportation officials;
(D) 1 shall be a representative of a national motorcyclist association;
(E) 1 shall be a representative of a national motorcyclist foundation;
(F) 1 shall be a representative of a national motorcycle manufacturing association;
(G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States;
(H) 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and
(I) 1 shall be a member of a national safety organization that represents the traffic safety systems industry.
(2)
(A)
(B)
(C)
(i) the Secretary may appoint a replacement for the member, who shall serve the remaining portion of the term; and
(ii) the resigning member may continue to serve after resignation until the date on which a successor is appointed.
(3)
(4)
(c)
(1)
(A) motorcycle and motorcyclist safety;
(B) barrier and road design, construction, and maintenance practices; and
(C) the architecture and implementation of intelligent transportation system technologies.
(2)
(d)
(1)
(A)
(B)
(i)
(ii)
(2)
(A)
(i) the Committee on Commerce, Science, and Transportation of the Senate;
(ii) the Committee on Environment and Public Works of the Senate;
(iii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate;
(iv) the Committee on Transportation and Infrastructure of the House of Representatives; and
(v) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives.
(B)
(i) each recommendation contained in the Council report covered by the review; and
(ii)(I) each recommendation of the Council that was categorized under paragraph (1)(B)(ii) as being under consideration by the Secretary in the preceding review submitted under this paragraph; and
(II) for each such recommendation, whether the recommendation—
(aa) is accepted or rejected by the Secretary; or
(bb) remains under consideration by the Secretary.
(3)
(e)
(Added Pub. L. 117–58, div. B, title IV, §24111(a), Nov. 15, 2021, 135 Stat. 812.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
CHAPTER 5—SPECIAL AUTHORITY
SUBCHAPTER I—POWERS
SUBCHAPTER II—PENALTIES
Editorial Notes
Amendments
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.
1 Section catchline amended by Pub. L. 112–141 without corresponding amendment of chapter analysis.
SUBCHAPTER I—POWERS
Editorial Notes
Amendments
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".
§501. Definitions and application
(a) In this chapter—
(1) the definitions in sections 10102 and 13102 of this title apply.
(2) "migrant worker" has the same meaning given that term in section 31501 of this title.
(3) "motor carrier of migrant workers" means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 31502(c) of this title.
(b)
(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.
Pub. L. 103–272
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.
Editorial Notes
Amendments
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.".
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
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 1301 of this title.
Short Title of 1992 Amendment
Pub. L. 102–548, §1, Oct. 28, 1992, 106 Stat. 3646, provided that: "This Act [enacting section 508 of this title, amending this section and section 521 of this title, and enacting provisions set out as notes under section 508 of this title] may be cited as the 'Intermodal Safe Container Transportation Act of 1992'."
§502. General authority
(a) The Secretary of Transportation shall carry out this chapter.
(b) The Secretary may—
(1) inquire into and report on the management of the business of rail carriers and motor carriers;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and
(3) obtain from those carriers and persons information the Secretary determines to be necessary.
(c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—
(1) confer and hold joint hearings with State authorities;
(2) cooperate with and use the services, records, and facilities of State authorities; and
(3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.
(d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.
(e)(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.
(2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.
(3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.
(f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2431; Pub. L. 103–272, §4(j)(12), July 5, 1994, 108 Stat. 1368.)
| 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).
Pub. L. 103–272
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).
Editorial Notes
Amendments
1994—Subsec. (e)(2). Pub. L. 103–272 inserted "judge" after "United States magistrate".
§503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers
(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2432.)
| 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.
§504. Reports and records
(a) In this section—
(1) "association" means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier.
(2) "carrier" means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier.
(3) "lessor" means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another.
(4) "lessor" and "carrier" include a receiver or trustee of that lessor or carrier, respectively.
(b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by—
(A) carriers and lessors; and
(B) a person furnishing cars or protective service against heat or cold to or for a rail carrier.
(2) The Secretary may require—
(A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and
(B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service.
(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor, or an employee of the recipient of a grant issued under section 31102 of this title) designated by the Secretary, may on demand and display of proper credentials, in person or in writing—
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of—
(A) a carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person's relation to, or transaction with, that carrier; and
(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.
(d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service.
(e)(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report.
(2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath.
(f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2433; Pub. L. 105–178, title IV, §4006(b), June 9, 1998, 112 Stat. 401; Pub. L. 112–141, div. C, title II, §32501(a), July 6, 2012, 126 Stat. 802.)
| 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.).
Editorial Notes
Amendments
2012—Subsec. (c). Pub. L. 112–141 inserted ", or an employee of the recipient of a grant issued under section 31102 of this title" after "a contractor" and ", in person or in writing" after "proper credentials" in introductory provisions.
1998—Subsec. (c). Pub. L. 105–178 inserted "(and, in the case of a motor carrier, a contractor)" after "employee" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§505. Arrangements and public records
(a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding.
(b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in section 504(f) of this title, in a judicial proceeding.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2434.)
| 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.
§506. Authority to investigate
(a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding.
(b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant.
(c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2434.)
| 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.
§507. Enforcement
(a) The Secretary of Transportation may bring a civil action to enforce—
(1) an order of the Secretary under this chapter when violated by a rail carrier; and
(2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder.
(b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary.
(c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or an order or regulation issued under any of those provisions. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
(d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection.
(e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier—
(1) trial is in the judicial district in which the carrier operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and
(3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, §213(a), Oct. 30, 1984, 98 Stat. 2841; Pub. L. 103–272, §5(m)(10), July 5, 1994, 108 Stat. 1376.)
| 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.
Editorial Notes
Amendments
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.
Statutory Notes and Related Subsidiaries
DOT Implementation Plan
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."
§508. Safety performance history of new drivers; limitation on liability
(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.)
Editorial Notes
Codification
Pub. L. 105–178, title IV, §4014(a)(1), June 9, 1998, 112 Stat. 409, which directed the addition of section 508 at end of this chapter, was executed by adding this section at the end of subchapter I of this chapter to reflect the probable intent of Congress.
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
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."
SUBCHAPTER II—PENALTIES
§521. Civil penalties
(a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(1) of this title, is liable to the Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(b)
(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)(i)
(ii)
(F)
(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.
(15)
(A)
(i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.
(ii) Enforcement shall not unreasonably interfere with the ability of a shipper, carrier, broker, or other party to arrange for the alternative transportation of any cargo or passenger being transported at the time the commercial motor vehicle is immobilized. In the case of a commercial motor vehicle transporting passengers, the Secretary or authorized State official shall provide reasonable, temporary, and secure shelter and accommodations for passengers in transit.
(iii) The Secretary's designee or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, shall immediately notify the owner of a commercial motor vehicle of the impoundment and the opportunity for review of the impoundment. A review shall be provided in accordance with section 554 of title 5, except that the review shall occur not later than 10 days after the impoundment.
(B)
(C)
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2435; Pub. L. 98–554, title II, §213(b), Oct. 30, 1984, 98 Stat. 2842; Pub. L. 99–570, title XII, §12012, Oct. 27, 1986, 100 Stat. 3207–184; Pub. L. 101–500, §15(e)(2), Nov. 3, 1990, 104 Stat. 1220; Pub. L. 102–548, §2(b), Oct. 28, 1992, 106 Stat. 3648; Pub. L. 103–272, §§4(j)(11)(D), 5(m)(11), July 5, 1994, 108 Stat. 1368, 1376; Pub. L. 104–287, §5(4), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title IV, §4015(a), (b), June 9, 1998, 112 Stat. 411; Pub. L. 106–159, title II, §§206(b), 208, Dec. 9, 1999, 113 Stat. 1763, 1764; Pub. L. 109–59, title IV, §§4102(a), 4103, Aug. 10, 2005, 119 Stat. 1715, 1716; Pub. L. 112–141, div. C, title II, §§32501(b), 32502–32504, 32506, July 6, 2012, 126 Stat. 803, 804.)
| 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.
Editorial Notes
References in Text
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.
Amendments
2012—Subsec. (b)(2)(D). Pub. L. 112–141, §32506, struck out "ability to pay," after "prior offenses,".
Subsec. (b)(2)(E). Pub. L. 112–141, §32501(b), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(2)(E)(i). Pub. L. 112–141, §32502, inserted "In the case of a motor carrier, the Secretary may also place the violator's motor carrier operations out of service." after "$10,000." and substituted "defense to a penalty" for "defense to such penalty".
Subsec. (b)(2)(F). Pub. L. 112–141, §32503, added subpar. (F).
Subsec. (b)(15). Pub. L. 112–141, §32504, added par. (15).
2005—Subsec. (b). Pub. L. 109–59, §4103(1), inserted headings for subsec. (b), par. (1), and subpar. (A).
Subsec. (b)(2)(B). Pub. L. 109–59, §4102(a)(2), substituted "$10,000" for "$5,000" in cls. (i) and (ii).
Subsec. (b)(2)(B)(i). Pub. L. 109–59, §4102(a)(1), substituted "$1,000" for "$500".
Subsec. (b)(2)(E). Pub. L. 109–59, §4103(2), added subpar. (E).
1999—Subsec. (b)(5)(B). Pub. L. 106–159, §208, substituted "substantially increases the likelihood of" for "is likely to result in".
Subsec. (b)(8) to (14). Pub. L. 106–159, §206(b), added par. (8) and redesignated former pars. (8) to (13) as (9) to (14), respectively.
1998—Subsec. (b)(1)(A). Pub. L. 105–178, §4015(a)(1), struck out "fix a reasonable time for abatement of the violation," before "specify the proposed civil penalty".
Subsec. (b)(1)(B). Pub. L. 105–178, §4015(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: "The Secretary shall, not later than 60 days after November 3, 1990, establish operational procedures to require a highway safety specialist or other appropriate representative of the Secretary to initiate, at the time of a safety review, compliance review, or other inspection or audit activity, or within a reasonable time thereafter, an enforcement action whenever any of the offenses referred to in paragraph (2)(A) and (B) can be documented, except recordkeeping violations not specified by the Secretary as serious. The procedures shall—
"(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers' medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and
"(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious."
Subsec. (b)(2)(A). Pub. L. 105–178, §4015(b)(1), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: "Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of a recordkeeping requirement issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title or which is a violation of chapter 59 of this title shall be liable to the United States for a civil penalty not to exceed $500 for each offense. Each day of a violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If the Secretary determines that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, the Secretary may assess a civil penalty not to exceed $1,000 for each offense; except that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If the Secretary determines that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, the Secretary may assess a civil penalty not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (other than subparagraph (B)), except for recordkeeping violations, no civil penalty shall be assessed under this section against an employee for a violation unless the Secretary determines that such employee's actions constituted gross negligence or reckless disregard for safety, in which case such employee shall be liable for a civil penalty not to exceed $1,000."
Subsec. (b)(2)(B) to (D). Pub. L. 105–178, §4015(b)(2), (3), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
1996—Subsec. (b)(1)(B). Pub. L. 104–287 substituted "November 3, 1990" for "the date of enactment of this subparagraph" in introductory provisions.
1994—Subsec. (b)(1)(A). Pub. L. 103–272, §5(m)(11)(A), substituted "a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title" for "section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986" and "any of those provisions" for "such sections or Act".
Subsec. (b)(2)(A). Pub. L. 103–272, §5(m)(11)(B), substituted "under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title" for "pursuant to section 3102 of this title or the Motor Carrier Safety Act of 1984".
Pub. L. 103–272, §4(j)(11)(D), substituted "chapter 59 of this title" for "section 508 of this title".
Subsec. (b)(2)(B). Pub. L. 103–272, §5(m)(11)(C), substituted "section 31302, 31303, 31304, 31305(b), or 31310(g)(1)(A) of this title" for "section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986".
Subsec. (b)(3). Pub. L. 103–272, §5(m)(11)(D), substituted "subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title" for "section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986".
Subsec. (b)(5)(A). Pub. L. 103–272, §5(m)(11)(E), substituted "a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), or 31502 of this title" for "section 3102 of this title or the Motor Carrier Safety Act of 1984 or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986" and "any of those provisions" for "such sections or Act".
Subsec. (b)(6)(A). Pub. L. 103–272, §5(m)(11)(F), substituted "subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title" for "section 3102 of this title, the Motor Carrier Safety Act of 1984", "any of those provisions" for "such section or Act", and "shall be subject" for "shall be liable".
Subsec. (b)(6)(B)(i). Pub. L. 103–272, §5(m)(11)(G), substituted "section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title" for "section 12002, 12003(b), 12003(c), 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986".
Subsec. (b)(6)(B)(ii). Pub. L. 103–272, §5(m)(11)(H), substituted "section 31301 of this title" for "section 12019 of such Act", "section 31303(a) of this title" for "section 12003(a) of such Act", and "section 31303(a)" for "such section 12003(a)".
Subsec. (b)(12). Pub. L. 103–272, §5(m)(11)(I), substituted "chapter 51 of this title" for "any provision of the Hazardous Materials Transportation Act (49 U.S.C. App. 1801–1812)" and "chapter 51" for "such Act".
Subsec. (b)(13). Pub. L. 103–272, §5(m)(11)(J), substituted "section 31132 of this title" for "section 204 of the Motor Carrier Safety Act of 1984".
1992—Subsec. (b)(2)(A). Pub. L. 102–548 inserted "or which is a violation of section 508 of this title" after "Act of 1984".
1990—Subsec. (b)(1). Pub. L. 101–500 designated existing provisions as subpar. (A) and added subpar. (B).
1986—Subsec. (b)(1). Pub. L. 99–570, §12012(a), inserted "or section 12002, 12003, 12004, 12005(b), or 12008(d)(2) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984" and substituted "such sections" for "such section".
Subsec. (b)(2). Pub. L. 99–570, §12012(b), (f)(1), inserted heading, designated existing provisions as subpars. (A) and (C) with corresponding headings, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and inserted exception relating to subpar. (B).
Subsec. (b)(3). Pub. L. 99–570, §12012(c), inserted "or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984".
Subsec. (b)(5)(A). Pub. L. 99–570, §12012(d), inserted "or section 12002, 12003, 12004, or 12005(b) of the Commercial Motor Vehicle Safety Act of 1986" after "the Motor Carrier Safety Act of 1984" and substituted "such sections" for "such section".
Subsec. (b)(6). Pub. L. 99–570, §12012(e), (f)(2), (g)(1), inserted heading, designated existing provisions as subpar. (A) with corresponding heading, added subpar. (B), in subpar. (A) indented such subparagraph and aligned it with subpar. (B), and substituted "to a fine" for "for a fine" in two places.
Subsec. (b)(13). Pub. L. 99–570, §12012(g)(2), substituted "section 204" for "section 4".
1984—Subsec. (b)(1). Pub. L. 98–554 substituted provisions relating to notice to violators and opportunity for hearings for former provisions which set forth penalties for failure to make reports and keep records.
Subsec. (b)(2). Pub. L. 98–554 substituted provisions setting forth amount of civil penalties for former provisions which related to the place of trial and manner of service of process for violations of recordkeeping and reporting provisions.
Subsec. (b)(3) to (13). Pub. L. 98–554 added pars. (3) to (13).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Deemed References to Chapters 509 and 511 of Title 51
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.
Minimum and Maximum Assessments
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)
Report; Penalties; Effectiveness
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.
§522. Reporting and record keeping violations
A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, mutilates, changes, or by another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2436; Pub. L. 105–178, title IV, §4015(c), June 9, 1998, 112 Stat. 412.)
| 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.
Editorial Notes
Amendments
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."
§523. Unlawful disclosure of information
(a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
(b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and
(3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.
(c) An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2436.)
| 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.
§524. Evasion of regulation of motor carriers
A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation of motor carriers under this chapter, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions, shall be fined at least $2,000 but not more than $5,000 for the first violation and at least $2,500 but not more than $7,500 for a subsequent violation.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, §32505(a), July 6, 2012, 126 Stat. 804.)
| 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.
Editorial Notes
Amendments
2012—Pub. L. 112–141 struck out "knowingly and willfully" after "by any means", inserted ", chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions," after "this chapter", and substituted "$2,000 but not more than $5,000" for "$200 but not more than $500" and "$2,500 but not more than $7,500" for "$250 but not more than $2,000".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§525. Disobedience to subpoenas
A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpoena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $1,000 but not more than $10,000, imprisoned for not more than one year, or both. The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, §32110, July 6, 2012, 126 Stat. 782.)
| 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.
Editorial Notes
Amendments
2012—Pub. L. 112–141 substituted "subpoenas" for "subpenas" in section catchline, and, in text, substituted "subpoena" for "subpena", "$1,000" for "$100", and "$10,000" for "$5,000" and inserted at end "The Secretary may withhold, suspend, amend, or revoke any part of the registration of a person required to register under chapter 139 for failing to obey a subpoena or requirement of the Secretary under this chapter to appear and testify or produce records."
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§526. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.
(Pub. L. 97–449, §1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 98–554, title II, §213(c), Oct. 30, 1984, 98 Stat. 2844; Pub. L. 103–272, §5(m)(12), July 5, 1994, 108 Stat. 1377.)
| 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.
Editorial Notes
Amendments
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.
[CHAPTER 7—TRANSFERRED]
Editorial Notes
Codification
Former chapter 7 of this title was renumbered chapter 13 of this title and transferred to follow chapter 11 of this title. Sections 701 to 706, 721 to 724, and 726 were renumbered sections 1301 to 1306 and 1321 to 1325, respectively, and former sections 725 and 727 were repealed.
SUBCHAPTER I—ESTABLISHMENT
[§§701 to 706. Renumbered §§1301 to 1306]
SUBCHAPTER II—ADMINISTRATIVE
[§§721 to 724. Renumbered §§1321 to 1324]
[§725. Repealed. Pub. L. 114–110, §3(a)(4), Dec. 18, 2015, 129 Stat. 2228]
Section, Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937, required Secretary of Transportation to provide administrative support for the Board.
[§726. Renumbered §1325]
[§727. Repealed. Pub. L. 114–110, §3(a)(4), Dec. 18, 2015, 129 Stat. 2228]
Section, Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 940, related to definitions for this chapter.
SUBTITLE II—OTHER GOVERNMENT AGENCIES
Editorial Notes
Amendments
2024—Pub. L. 118–63, title XII, §1221(c), May 16, 2024, 138 Stat. 1432, added item for chapter 13 which had been editorially supplied.
CHAPTER 11—NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I—GENERAL
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE
SUBCHAPTER III—AUTHORITY
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
Editorial Notes
Amendments
2024—Pub. L. 118–63, title XII, §§1215(b), (f), 1216(b), 1221(b), May 16, 2024, 138 Stat. 1428, 1431, 1432, added item 1117, substituted "Assistance to passengers involved in aircraft accidents and families of such passengers" for "Assistance to families of passengers involved in aircraft accidents" in item 1136, "Assistance to passengers involved in rail passenger accidents and families of such passengers" for "Assistance to families of passengers involved in rail passenger accidents" in item 1139, and "Penalties" for "Aviation penalties" in item 1155, and struck out item 117 "Methodology" and former item 1117 "Annual report".
2018—Pub. L. 115–254, div. C, §§1107(b)(2), 1109(e)(2), 1111(b), 1113(a), Oct. 5, 2018, 132 Stat. 3433, 3435, 3436, 3438, added items 117 and 1140 and substituted "Reports, studies, and retrospective reviews" for "Reports and studies" in item 1116 and "Board." for "Board" in item 1138.
2008—Pub. L. 110–432, div. A, title V, §501(b), Oct. 16, 2008, 122 Stat. 4897, added item 1139.
2006—Pub. L. 109–443, §5(b), Dec. 21, 2006, 120 Stat. 3300, added item 1138.
2000—Pub. L. 106–424, §§5(c)(2), 12(b), Nov. 1, 2000, 114 Stat. 1885, 1887, added item 1137 and substituted "and surface vehicle recordings and transcripts" for "voice and other material" in item 1154.
1996—Pub. L. 104–264, title IV, §407(a)(2), title VII, §702(a)(2), Oct. 9, 1996, 110 Stat. 3258, 3267, added items 1119 and 1136.
1994—Pub. L. 103–272, §1(c), (d), July 5, 1994, 108 Stat. 745, added subtitle II (comprised of chapter 11, §§1101–1155) and struck out former subtitle II, except that chapter 31 (comprised of §§3101–3104) of subtitle II was redesignated and restated as chapter 315 (comprised of §§31501–31504) of subtitle VI, as enacted by Pub. L. 103–272, §1(e).
1 Section catchline amended by Pub. L. 118–63 without corresponding amendment of chapter analysis.
SUBCHAPTER I—GENERAL
§1101. Definitions
(a)
(1)
(2)
(b)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, §2, Nov. 1, 2000, 114 Stat. 1883; Pub. L. 115–232, div. C, title XXXV, §3541(b)(17), Aug. 13, 2018, 132 Stat. 2324; Pub. L. 118–63, title XII, §1203, May 16, 2024, 138 Stat. 1422.)
| 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.
Editorial Notes
Amendments
2024—Pub. L. 118–63 amended section generally. Prior to amendment, text read as follows: "Section 2101(23) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term 'accident' includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise."
2018—Pub. L. 115–232 substituted "Section 2101(23)" for "Section 2101(17a)".
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows: "Section 40102(a) of this title applies to this chapter."
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Pub. L. 118–63, title XII, §1201, May 16, 2024, 138 Stat. 1422, provided that: "This title [amending this section and sections 1113 to 1116, 1118, 1131, 1134 to 1136, 1138 to 1140, 1151, 1155, and 24316 of this title, enacting provisions set out as notes under section 1111, 1114, and 1131 of this title, and repealing provisions set out as a note under section 1113 of this title] may be cited as the 'National Transportation Safety Board Amendments Act of 2024'."
Short Title of 2015 Amendment
Pub. L. 114–110, §1(a), Dec. 18, 2015, 129 Stat. 2228, provided that: "This Act [see Tables for classification] may be cited as the 'Surface Transportation Board Reauthorization Act of 2015'."
Short Title of 2006 Amendment
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'."
Short Title of 2003 Amendment
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'."
Short Title of 2000 Amendment
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'."
Short Title of 1996 Amendment
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'."
Definitions of Terms in Div. C of Pub. L. 115–254
Pub. L. 115–254, div. C, §1102, Oct. 5, 2018, 132 Stat. 3429, provided that: "In this division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1116, 1119, and 40101 of this title], the following definitions apply:
"(1)
"(2)
"(3)
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE
§1111. General organization
(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)
(k)
(1)
(2)
(A)
(i) no formal or informal vote or other official agency action is taken at the meeting;
(ii) each individual present at the meeting is a member or an employee of the Board;
(iii) at least 1 member of the Board from each political party is present at the meeting, if applicable; and
(iv) the General Counsel of the Board is present at the meeting.
(B)
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5.
(C)
(D)
(E)
(F)
(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or
(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, §10, Nov. 1, 2000, 114 Stat. 1886; Pub. L. 109–443, §9(a), (d), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115–254, div. C, §1112(a), (b), Oct. 5, 2018, 132 Stat. 3436.)
| 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.
Editorial Notes
References in Text
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.
Amendments
2018—Subsec. (d). Pub. L. 115–254, §1112(a), substituted "3 years" for "2 years".
Subsec. (k). Pub. L. 115–254, §1112(b), added subsec. (k).
2006—Subsec. (e)(1). Pub. L. 109–443, §9(d)(1), added par. (1) and struck out former par. (1) which read as follows: "appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;".
Subsec. (e)(2) to (4). Pub. L. 109–443, §9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (g)(5). Pub. L. 109–443, §9(a), added par. (5).
Subsecs. (i), (j). Pub. L. 109–443, §9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j).
2000—Subsecs. (h), (i). Pub. L. 106–424 added subsec. (h) and redesignated former subsec. (h) as (i).
Statutory Notes and Related Subsidiaries
Drug-Free Workplace
Pub. L. 118–63, title XII, §1218, May 16, 2024, 138 Stat. 1431, provided that: "Not later than 12 months after the date of enactment of this Act [May 16, 2024], the National Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive positions, in accordance with Executive Order No. 12564 (51 Fed. Reg. 32889)."
Utilization Plan
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)
Audit Procedures
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."
Improved Audit Procedures
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."
§1112. Special boards of inquiry on air transportation safety
(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.
§1113. Administrative
(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;
(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;
(J) notwithstanding section 1343 of title 31, acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investigations under this chapter; and
(K) notwithstanding section 3301 of title 41, acquire training on emerging transportation technologies if such training—
(i) is required for an ongoing investigation; and
(ii) meets the criteria under section 3304(a)(7)(A) of title 41.
(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)
(h)
(1)
(2)
(A) the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board;
(B) the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry;
(C) with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident severity and risk, posed by each mode of transportation, and how the Board's staffing for each transportation mode reflects these aspects;
(D) the workforce policies, strategies, performance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board;
(E) a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to recruit and retain skilled employees at the Board;
(F) a workforce management strategy that is aligned with the mission of the Board, including plans for continuity of leadership and knowledge sharing;
(G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; and
(H) a system for analyzing and evaluating the performance of the Board's workforce management policies, programs, and activities.
(3)
(4)
(5)
(6)
(A) submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
(B) made available to the public on a website of the Board.
(i)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 747; Pub. L. 106–424, §§3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883, 1884; Pub. L. 109–443, §9(e)–(g), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 111–350, §5(o)(2), Jan. 4, 2011, 124 Stat. 3853; Pub. L. 115–254, div. C, §1112(c)–(e), Oct. 5, 2018, 132 Stat. 3437, 3438; Pub. L. 118–63, title XII, §§1204(a), 1205–1207(a), May 16, 2024, 138 Stat. 1422–1424.)
| 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.
Editorial Notes
References in Text
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.
Amendments
2024—Subsec. (b)(1)(K). Pub. L. 118–63, §1204(a), added subpar. (K).
Subsec. (g)(5). Pub. L. 118–63, §1205, struck out par. (5). Prior to amendment, text of par. (5) read as follows: "Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 percent limit established by paragraph (2)."
Subsec. (h). Pub. L. 118–63, §1206, added subsec. (h).
Subsec. (i). Pub. L. 118–63, §1207(a), added subsec. (i).
2018—Subsec. (a)(1). Pub. L. 115–254, §1112(e), substituted "subpoena" for "subpena".
Subsec. (b)(1)(J). Pub. L. 115–254, §1112(c), added subpar. (J).
Subsec. (h). Pub. L. 115–254, §1112(d), struck out subsec. (h). Text read as follows: "The Board shall maintain at least 1 full-time employee in each State located more than 1,000 miles from the nearest Board regional office to provide initial investigative response to accidents the Board is empowered to investigate under this chapter that occur in that State."
2011—Subsec. (b)(1)(B). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
2006—Subsec. (a)(3). Pub. L. 109–443, §9(e), substituted "subpoena" for "subpena".
Subsec. (a)(4). Pub. L. 109–443, §9(e), which directed substitution of "subpoena" for "subpena", was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 109–443, §9(f), inserted at end "The Board shall develop and approve a process for the Board's review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection."
Subsec. (h). Pub. L. 109–443, §9(g), added subsec. (h).
2000—Subsec. (b)(1)(I). Pub. L. 106–424, §3(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: "require that the departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries provide appropriate consideration for the reasonable costs of goods and services supplied by the Board."
Subsec. (b)(2). Pub. L. 106–424, §3(b)(1), inserted "as offsetting collections" after "to be credited" and "The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection." at end.
Subsec. (g). Pub. L. 106–424, §4, added subsec. (g).
Statutory Notes and Related Subsidiaries
Relief From Contracting Requirements for Investigations Services
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."
Travel Budgets
Pub. L. 106–424, §9, Nov. 1, 2000, 114 Stat. 1886, which required the Chairman of the National Transportation Safety Board to establish annual fiscal year budgets for non-accident-related travel expenditures for Board members to be approved by the Board and submitted to the appropriate congressioal committees with detailed travel reports, was repealed by Pub. L. 118–63, title XII, §1207(b), May 16, 2024, 138 Stat. 1424.
§1114. Disclosure, availability, and use of information
(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)
(1)
(2)
(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
(3)
(d)
(1)
(2)
(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
(3)
(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)
(g)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 749; Pub. L. 104–291, title I, §§102, 103, Oct. 11, 1996, 110 Stat. 3452; Pub. L. 106–424, §§3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat. 1884, 1885; Pub. L. 115–254, div. C, §1104(a), Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–63, title XII, §1208(a), May 16, 2024, 138 Stat. 1424.)
| 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.
Editorial Notes
References in Text
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.
Amendments
2024—Subsec. (b). Pub. L. 118–63, §1208(a)(1), substituted "Certain Confidential Information" for "Trade Secrets" in heading.
Subsec. (b)(1). Pub. L. 118–63, §1208(a)(2), inserted heading and substituted "confidential information described in section 1905 of title 18, including trade secrets," for "information related to a trade secret referred to in section 1905 of title 18" in introductory provisions.
2018—Subsec. (c)(1). Pub. L. 115–254, §1104(a)(1)(C)(i), inserted heading and substituted "Except as provided in paragraph (2), the Board" for "The Board".
Subsec. (c)(2). Pub. L. 115–254, §1104(a)(1)(C)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: "However, the Board shall make public any part of a transcript or any written depiction of visual information the Board decides is relevant to the accident or incident—
"(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
"(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket."
Former par. (2) redesignated (3).
Subsec. (c)(3). Pub. L. 115–254, §1104(a)(1)(A), (B), redesignated par. (2) as (3) and inserted heading.
Subsec. (d)(1). Pub. L. 115–254, §1104(a)(2)(B)(i), substituted "Except as provided in paragraph (2), the Board" for "The Board".
Subsec. (d)(2). Pub. L. 115–254, §1104(a)(2)(B)(ii), designated second sentence of par. (1) as par. (2) and amended it generally. Prior to amendment, second sentence of par. (1) read as follows: "However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident—
"(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
"(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket."
Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 115–254, §1104(a)(2)(A), redesignated par. (2) as (3).
Subsec. (g). Pub. L. 115–254, §1104(a)(3), added subsec. (g).
2000—Subsec. (a). Pub. L. 106–424, §§3(b)(2), 5(b)(2), designated existing provisions as par. (1), substituted "(d), and (f)" for "and (e)" in first sentence, and added par. (2).
Subsec. (c). Pub. L. 106–424, §5(a)(1), struck out "Voice" after "Cockpit" in heading.
Subsec. (c)(1). Pub. L. 106–424, §5(a)(2), (3), substituted "cockpit voice or video recorder" for "cockpit voice recorder" in first sentence and inserted "or any written depiction of visual information" after "transcript" in second sentence.
Subsec. (c)(2). Pub. L. 106–424, §5(a)(2), substituted "cockpit voice or video recorder" for "cockpit voice recorder".
Subsec. (d). Pub. L. 106–424, §5(b)(1)(B), which directed the addition of subsec. (d) after subsec. (e), was executed by adding subsec. (d) before subsec. (e) to reflect the probable intent of Congress. Former subsec. (d) redesignated (e).
Subsecs. (e), (f). Pub. L. 106–424, §5(b)(1)(A), redesignated subsecs. (d) and (e) as (e) and (f), respectively.
1996—Subsec. (a). Pub. L. 104–291, §102(1), substituted "(b), (c), and (e)" for "(b) and (c)".
Subsec. (b)(3). Pub. L. 104–291, §103, added par. (3).
Subsec. (e). Pub. L. 104–291, §102(2), added subsec. (e).
Statutory Notes and Related Subsidiaries
Electronic Availability of Public Docket Records
Pub. L. 118–63, title XII, §1217, May 16, 2024, 138 Stat. 1431, provided that:
"(a)
"(b)
"(c)
"(1) the number of public dockets that have been made electronically available pursuant to this section; and
"(2) the number of public dockets that were unable to be made electronically available, including all reasons for such inability.
"(d)
§1115. Training
(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; Pub. L. 118–63, title XII, §1204(b), May 16, 2024, 138 Stat. 1423.)
| 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.
Editorial Notes
Amendments
2024—Subsec. (d). Pub. L. 118–63 inserted "and in those subjects furthering the personnel and workforce development needs set forth in the strategic workforce plan of the Board as required under section 1113(h)" after "of accident investigation" in first sentence.
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).
§1116. Reports, studies, and retrospective reviews
(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.
(c)
(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 list of each recommendation made by the Board to the Secretary of Transportation or the Commandant of the Coast Guard that was closed in an unacceptable status in the preceding 12 months, including—
(A) any explanation the Board received from the Secretary or Commandant; and
(B) any explanation from the Board as to why the recommendation was closed in an unacceptable status, including a discussion of why alternate means, if any, taken by the Secretary or Commandant to address the Board's recommendation were inadequate;
(4) 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;
(5) a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year;
(6) 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
(7) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.
(d)
(1)
(2)
(A) a determination of whether the recommendation should be updated, closed, or reissued in light of—
(i) changed circumstances;
(ii) more recently issued recommendations;
(iii) the availability of new technologies; or
(iv) new information making the recommendation ineffective or insufficient for achieving its objective; and
(B) a justification for each determination under subparagraph (A).
(3)
(A) the findings of the review under paragraph (1);
(B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and
(C) if applicable, a schedule for updating, closing, or reissuing a recommendation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751; Pub. L. 115–254, div. C, §§1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436; Pub. L. 118–63, title XII, §1209, May 16, 2024, 138 Stat. 1425.)
| 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.
Editorial Notes
Amendments
2024—Subsec. (c)(3) to (7). Pub. L. 118–63 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.
2018—Pub. L. 115–254, §1111(a)(1), substituted ", studies, and retrospective reviews" for "and studies" in section catchline.
Subsec. (c). Pub. L. 115–254, §1107(a), added subsec. (c).
Subsec. (d). Pub. L. 115–254, §1111(a)(2), added subsec. (d).
Statutory Notes and Related Subsidiaries
Savings Clause
Pub. L. 115–254, div. C, §1111(c), Oct. 5, 2018, 132 Stat. 3436, provided that: "Nothing in this section [amending this section] or the amendments made by this section may be construed to limit or otherwise affect the authority of the [National Transportation Safety] Board to update, close, or reissue a recommendation."
§1117. Methodology
(a)
(b)
(1) a brief summary of the Board's collection and analysis of the specific accident investigation information most relevant to the recommendation;
(2) a description of the Board's use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and
(3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation.
(c)
(d)
(1) an existing agency best practices document; or
(2) an existing regulatory requirement.
(e)
(f)
(1) to delay publication of the findings, cause, or probable cause of a Board investigation;
(2) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or
(3) to limit the number of examples the Board may consider before issuing a recommendation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, §2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, §2(a)(1), Dec. 21, 2006, 120 Stat. 3297; Pub. L. 115–254, div. C, §1107(b)(1), Oct. 5, 2018, 132 Stat. 3432.)
| 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.
Editorial Notes
References in Text
The date of enactment of the National Transportation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115–254, which was approved Oct. 5, 2018.
Amendments
2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report.
2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6).
1995—Par. (4). Pub. L. 104–66 struck out par. (4) which read as follows: "an evaluation conducted every 2 years of transportation safety and recommendations for legislative and administrative action and change."
§1118. Authorization of appropriations
(a)
(1)
(A) $140,000,000 for fiscal year 2024;
(B) $145,000,000 for fiscal year 2025;
(C) $148,000,000 for fiscal year 2026;
(D) $151,000,000 for fiscal year 2027; and
(E) $154,000,000 for fiscal year 2028.
(2)
(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; Pub. L. 115–254, div. C, §1103, Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–63, title XII, §1202, May 16, 2024, 138 Stat. 1422.)
| 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.
Editorial Notes
Amendments
2024—Subsec. (a). Pub. L. 118–63 amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for fiscal years 2019 through 2022.
2018—Subsec. (a). Pub. L. 115–254 amended subsec. (a) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, $72,000,000 for fiscal year 2002, $73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, $87,539,000 for fiscal year 2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008. Such sums shall remain available until expended."
2006—Subsec. (a). Pub. L. 109–443, §8(a), struck out "and" after "2005," and substituted "2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008." for "2006."
Subsec. (c). Pub. L. 109–443, §8(b)(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to appropriations and fees for the National Transportation Safety Board Academy.
Subsec. (d). Pub. L. 109–443, §8(c), struck out heading and text of subsec. (d). Text read as follows: "The National Transportation Safety Board shall transmit an annual report to the Congress on the activities and operations of the National Transportation Safety Board Academy."
2003—Subsec. (a). Pub. L. 108–168, §2(a), struck out "and" after "fiscal year 2001," and substituted "$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall" for "such sums to".
Subsec. (b). Pub. L. 108–168, §2(b), added second sentence and struck out former second sentence which read as follows: "Amounts equal to the amounts expended annually out of the fund are authorized to be appropriated to the emergency fund."
Subsecs. (c), (d). Pub. L. 108–168, §2(c), added subsecs. (c) and (d).
2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a)
"(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."
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
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."
§1119. Accident and safety data classification and publication
(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.)
Editorial Notes
References in Text
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.
Amendments
2003—Subsec. (c). Pub. L. 108–168 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date
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.
Multimodal Accident Database Management System
Pub. L. 115–254, div. C, §1108, Oct. 5, 2018, 132 Stat. 3433, provided that:
"(a)
"(b)
"(1) the quality of accident data the Board makes available to the public; and
"(2) the selection of accidents for investigation and allocation of limited resources.
"(c)
"(1) maintain a historical record of accidents that are investigated by the Board; and
"(2) be capable of the secure storage, retrieval, and management of information associated with the investigations of such accidents."
SUBCHAPTER III—AUTHORITY
§1131. General authority
(a)
(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
(B) a highway accident, including a railroad grade crossing accident, the Board selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency;
(C) a railroad—
(i) accident in which there is a fatality or substantial property damage, except—
(I) a grade crossing accident or incident, unless selected by the Board; or
(II) an accident or incident involving a trespasser, unless selected by the Board; or
(ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and—
(I) was a grade crossing accident or incident, unless selected by the Board; or
(II) such accident or incident involved a trespasser, unless selected by the Board;
(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 116 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)
(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, §3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106–424, §§6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886; Pub. L. 108–168, §7, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, §9(b), (c), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115–254, div. C, §1113(b), Oct. 5, 2018, 132 Stat. 3438; Pub. L. 117–263, div. K, title CXVI, §11601(c)(3), Dec. 23, 2022, 136 Stat. 4146; Pub. L. 118–63, title XII, §§1210–1212, May 16, 2024, 138 Stat. 1425, 1426.)
| 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).
Editorial Notes
References in Text
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.
Amendments
2024—Subsec. (a)(1)(B). Pub. L. 118–63, §1210(a), substituted "selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency" for "selects in cooperation with a State".
Subsec. (a)(1)(C). Pub. L. 118–63, §1210(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;".
Subsec. (e). Pub. L. 118–63, §1211, substituted "public—" and pars. (1) and (2) for "public at reasonable cost."
Subsec. (f). Pub. L. 118–63, §1212, added subsec. (f).
2022—Subsec. (a)(1)(E). Pub. L. 117–263 substituted "section 116" for "section 2101(46)".
2018—Subsec. (a)(1)(A). Pub. L. 115–254 substituted "a public aircraft as defined by section 40102(a) of this title" for "a public aircraft as defined by section 40102(a)(37) of this title".
2006—Subsec. (a)(1)(E). Pub. L. 109–443, §9(b), substituted "on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988," for "on the navigable waters or territorial sea of the United States," and inserted "(as defined in section 2101(46) of title 46)" after "vessel of the United States".
Subsec. (c)(1). Pub. L. 109–443, §9(c), inserted "or the Secretary of the department in which the Coast Guard is operating" after "Transportation" in introductory provisions.
2003—Subsec. (a)(2)(B), (C). Pub. L. 108–168 realigned margins.
2000—Subsec. (a)(2). Pub. L. 106–424, §6(a), designated existing provisions as subpar. (A), substituted "Subject to the requirements of this paragraph, an investigation" for "An investigation", and added subpars. (B) and (C).
Subsec. (d). Pub. L. 106–424, §7, substituted "1134(a), (b), (d), and (f)" for "1134(b)(2)".
1994—Subsec. (a)(1)(A). Pub. L. 103–411, §3(c)(1), inserted before semicolon at end "or an aircraft accident involving a public aircraft as defined by section 40102(a)(37) of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States".
Subsecs. (d), (e). Pub. L. 103–411, §3(c)(2), added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Pub. L. 103–411, §3(d), Oct. 25, 1994, 108 Stat. 4237, provided that: "The amendments made by subsections (a) and (c) [amending this section and section 40102 of this title] shall take effect on the 180th day following the date of the enactment of this Act [Oct. 25, 1994]."
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Air Safety Investigators
Pub. L. 118–63, title XII, §1222, May 16, 2024, 138 Stat. 1432, provided that:
"(a)
"(b)
"(1)
"(2)
"(A) the direct relationship between any requirement and the duties expected to be performed by the position;
"(B) changes in the skills and tools necessary to perform transportation accident investigations; and
"(C) such other considerations as the Director, Administrator, or Chairman determines appropriate."
Revision of 1977 Agreement
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]."
Memorandum of Understanding
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."
§1132. Civil aircraft accident investigations
(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).
§1133. Review of other agency action
The National Transportation Safety Board shall review on appeal—
(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;
(2) the revocation of a certificate of registration under section 44106 of this title;
(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and
(4) under section 46301(d)(5) of this title, an order imposing a penalty under section 46301.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754.)
| 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.
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§1134. Inspections and autopsies
(a)
(1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record, including an electronic record, process, control, or facility related to an accident investigation under this chapter.
(b)
(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.
(g)
(1) any recorder or recorded information pertinent to the accident;
(2) without undue delay, information the Board determines necessary to enable the Board to read and interpret any recording device or recorded information pertinent to the accident; and
(3) design specifications or data related to the operation and performance of the equipment the Board determines necessary to enable the Board to perform independent physics-based simulations and analyses of the accident situation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 754; Pub. L. 115–254, div. C, §1105, Oct. 5, 2018, 132 Stat. 3431; Pub. L. 118–63, title XII, §1213, May 16, 2024, 138 Stat. 1426.)
| 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.
Editorial Notes
Amendments
2024—Subsec. (g). Pub. L. 118–63 added subsec. (g).
2018—Subsec. (a)(2). Pub. L. 115–254 inserted "including an electronic record," after "record,".
§1135. Secretary of Transportation's responses to safety recommendations
(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)
(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.
(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.
(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; Pub. L. 118–63, title XII, §§1214, 1220(a), May 16, 2024, 138 Stat. 1426, 1432.)
| 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.
Editorial Notes
Amendments
2024—Subsec. (c). Pub. L. 118–63, §1214, substituted "public—" and pars. (1) and (2) for "public at reasonable cost."
Subsec. (e). Pub. L. 118–63, §1220(a), struck out subsec. (e), which required the Secretary to annually submit regulatory status reports to Congress.
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."
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
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.
Reports on Certain Open Safety Recommendations
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)
NTSB Safety Recommendations
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)
§1136. Assistance to passengers involved in aircraft accidents and families of such passengers
(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, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
(b)
(c)
(1) To provide emotional care, psychological care, and family support 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 passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and affected families regularly 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 passengers and 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)
(i) the family of the passenger; or
(ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
(C)
(D)
(2)
(A)
(B)
(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;
(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight; and
(C) any other person injured or killed in the aircraft accident, as determined appropriate by the Board.
(3)
(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; Pub. L. 115–254, div. C, §1109(c), Oct. 5, 2018, 132 Stat. 3434; Pub. L. 118–63, title XII, §1215(a), May 16, 2024, 138 Stat. 1427.)
Editorial Notes
Amendments
2024—Pub. L. 118–63, §1215(a)(1), substituted "to passengers involved in aircraft accidents and families of such passengers" for "to families of passengers involved in aircraft accidents" in section catchline.
Subsec. (a). Pub. L. 118–63, §1215(a)(2)(A), (B), in introductory provisions, inserted "within United States airspace or airspace delegated to the United States" after "aircraft accident" and substituted "Board shall" for "National Transportation Safety Board shall".
Subsec. (a)(2). Pub. L. 118–63, §1215(a)(2)(C), substituted "emotional care, psychological care, and family support services" for "emotional care and support" and "passengers involved in the accident and the families of such passengers" for "the families of passengers involved in the accident".
Subsec. (c). Pub. L. 118–63, §1215(a)(3)(A), substituted "passengers involved in the accident and the families of such passengers" for "the families of passengers involved in the accident" in introductory provisions.
Subsec. (c)(1). Pub. L. 118–63, §1215(a)(3)(B), substituted "emotional care, psychological care, and family support services" for "mental health and counseling services".
Subsec. (c)(3). Pub. L. 118–63, §1215(a)(3)(C), substituted "passengers involved in the accident and the families of such passengers who have traveled to the location of the accident" for "the families who have traveled to the location of the accident" and "regularly" for "periodically", and inserted "passengers and" after "contact all".
Subsec. (c)(4). Pub. L. 118–63, §1215(a)(3)(D), inserted "passengers and" before "families".
Subsec. (d). Pub. L. 118–63, §1215(a)(4), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to requests for passenger lists and use of such information.
Subsec. (g)(1). Pub. L. 118–63, §1215(a)(5), substituted "passengers involved in the accident and the families of such passengers" for "the families of passengers involved in the accident".
Subsec. (g)(3). Pub. L. 118–63, §1215(a)(6), in heading, substituted "prevent certain care and support" for "prevent mental health and counseling", and, in text, substituted "providing emotional care, psychological care, and family support services" for "providing mental health and counseling services" and inserted "passengers and" before "families".
Subsec. (h)(1). Pub. L. 118–63, §1215(a)(7)(A), struck out "National Transportation Safety" before "Board".
Subsec. (h)(3). Pub. L. 118–63, §1215(a)(7)(B), added par. (3).
Subsec. (i). Pub. L. 118–63, §1215(a)(8), substituted "passengers involved in the aircraft accident and the families of such passengers" for "the families of passengers involved in an aircraft accident".
2018—Subsec. (a). Pub. L. 115–254, §1109(c)(1), in introductory provisions, substituted "aircraft accident involving an air carrier or foreign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency" for "aircraft accident within the United States involving an air carrier or foreign air carrier and resulting in a major loss of life".
Subsec. (h)(1). Pub. L. 115–254, §1109(c)(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: "The term 'aircraft accident' means any aviation disaster regardless of its cause or suspected cause."
Subsec. (h)(2)(C). Pub. L. 115–254, §1109(c)(2)(B), added subpar. (C).
2003—Subsec. (j). Pub. L. 108–168 added subsec. (j).
2000—Subsec. (g)(2). Pub. L. 106–181, §401(a)(1), substituted "transportation and in the event of an accident involving a foreign air carrier that occurs within the United States," for "transportation,", inserted "(including any associate, agent, employee, or other representative of an attorney)" after "attorney", and substituted "45th day" for "30th day".
Subsec. (g)(3). Pub. L. 106–181, §401(b), added par. (3).
Subsec. (h)(2). Pub. L. 106–181, §401(c), amended heading and text generally. Prior to amendment, text read as follows: "The term 'passenger' includes an employee of an air carrier aboard an aircraft."
Subsec. (i). Pub. L. 106–181, §401(d), added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
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.
Effective Date
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.
§1137. Authority of the Inspector General
(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; Pub. L. 117–286, §4(b)(96), Dec. 27, 2022, 136 Stat. 4353.)
Editorial Notes
Amendments
2022—Subsec. (c). Pub. L. 117–286 substituted "subsections (a) and (c) of section 406 of title 5." for "subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.)."
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."
§1138. Evaluation and audit of National Transportation Safety Board
(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 process and procedures to select an accident to investigate;
(6) the extent to which the Board follows leading practices in selected management areas; and
(7) the extent to which the Board addresses management challenges in completing accident investigations.
(c)
(Added Pub. L. 109–443, §5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113–188, title XV, §1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115–254, div. C, §1110, Oct. 5, 2018, 132 Stat. 3435; Pub. L. 118–63, title XII, §1221(a), May 16, 2024, 138 Stat. 1432.)
Editorial Notes
Amendments
2024—Subsec. (a). Pub. L. 118–63 substituted "expenditures of the" for "expenditures of the National Transportation Safety".
2018—Subsec. (b)(5) to (7). Pub. L. 115–254, §1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.
Subsec. (c). Pub. L. 115–254, §1110(2), inserted comma after "Science".
2014—Subsec. (a). Pub. L. 113–188 struck out "at least annually, but may be conducted" after "Such evaluation and audit shall be conducted".
§1139. Assistance to passengers involved in rail passenger accidents and families of such passengers
(a)
(1) designate and publicize the name and telephone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the rail passenger carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and post-trauma communication with families, which shall have primary responsibility for coordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers.
(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 emotional care, psychological care, and family support 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 passengers involved in the accident and the families of such passengers who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all passengers and 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 passengers and families.
(d)
(1)
(A)
(B)
(i) the family of the passenger; or
(ii) a local, Tribal, State, or Federal agency responsible for determining the whereabouts or welfare of a passenger.
(C)
(D)
(2)
(A)
(B)
(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) results in any loss of life;
(B) the Board will serve as the lead investigative agency for; and
(C) occurs in the provision of—
(i) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
(ii) high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause.
(2)
(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.
(4)
(i)
(j)
(1)
(2)
(k)
(Added Pub. L. 110–432, div. A, title V, §501(a), Oct. 16, 2008, 122 Stat. 4894; amended Pub. L. 114–94, div. A, title XI, §11316(a), Dec. 4, 2015, 129 Stat. 1676; Pub. L. 115–254, div. C, §1109(d), Oct. 5, 2018, 132 Stat. 3435; Pub. L. 118–63, title XII, §1215(c), May 16, 2024, 138 Stat. 1428.)
Editorial Notes
Amendments
2024—Pub. L. 118–63, §1215(c)(1), substituted "to passengers involved in rail passenger accidents and families of such passengers" for "to families of passengers involved in rail passenger accidents" in section catchline.
Subsec. (a). Pub. L. 118–63, §1215(c)(2), substituted "Board shall" for "National Transportation Safety Board shall" in introcuctory provisions.
Subsec. (a)(2). Pub. L. 118–63, §1215(c)(3), substituted "emotional care, psychological care, and family support services" for "emotional care and support" and "passengers involved in the accident and the families of such passengers" for "the families of passengers involved in the accident".
Subsec. (c). Pub. L. 118–63, §1215(c)(4)(A), substituted "passengers involved in the accident and the families of such passengers" for "the families of passengers involved in the accident" in introductory provisions.
Subsec. (c)(1). Pub. L. 118–63, §1215(c)(4)(B), substituted "emotional care, psychological care, and family support services" for "mental health and counseling services".
Subsec. (c)(3). Pub. L. 118–63, §1215(c)(4)(C), substituted "passengers involved in the accident and the families of such passengers who have traveled to the location of the accident" for "the families who have traveled to the location of the accident" and inserted "passengers and" before "affected families".
Subsec. (c)(4). Pub. L. 118–63, §1215(c)(4)(D), inserted "passengers and" before "families".
Subsec. (d). Pub. L. 118–63, §1215(c)(5), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to requests for passenger lists and use of such information.
Subsec. (g)(1). Pub. L. 118–63, §1215(c)(6)(A), substituted "passengers involved in the accident and the families of such passengers" for "the families of passengers involved in the accident".
Subsec. (g)(3). Pub. L. 118–63, §1215(c)(6)(B), in heading, substituted "prevent certain care and support" for "prevent mental health and counseling", and, in text, substituted "providing emotional care, psychological care, and family support services" for "providing mental health and counseling services" and inserted "passengers and" before "families".
Subsec. (h)(1)(B). Pub. L. 118–63, §1215(c)(7)(A), struck out "National Transportation Safety" before "Board ".
Subsec. (h)(4). Pub. L. 118–63, §1215(c)(7)(B), added par. (4).
2018—Subsec. (a). Pub. L. 115–254, §1109(d)(1), substituted "resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agency" for "resulting in a major loss of life" in introductory provisions.
Subsec. (h)(1). Pub. L. 115–254, §1109(d)(2), amended par. (1) generally. Prior to amendment, text read as follows: "The term 'rail passenger accident' means any rail passenger disaster resulting in a major loss of life occurring in the provision of—
"(A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or
"(B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation,
regardless of its cause or suspected cause."
2015—Subsec. (a)(1). Pub. L. 114–94, §11316(a)(1), substituted "telephone number" for "phone number".
Subsec. (a)(2). Pub. L. 114–94, §11316(a)(2), substituted "post-trauma communication with families" for "post trauma communication with families".
Subsec. (j). Pub. L. 114–94, §11316(a)(3), substituted "rail passenger accident" for "railroad passenger accident" in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Establishment of Task Force
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)
§1140. Information 1 individuals involved in accidents and families of such individuals
In the course of an investigation of an accident described in section 1131(a)(1), except an aircraft accident described in section 1136 or a rail passenger accident described in section 1139, the Board may, to the maximum extent practicable, ensure that individuals involved in accidents and the families of such individuals, and other individuals the Board deems appropriate—
(1) are informed as to the roles, with respect to the accident and the post-accident activities, of the Board;
(2) are briefed, before any public briefing, about the accident, its causes, and any other findings from the investigation; and
(3) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(Added Pub. L. 115–254, div. C, §1109(e)(1), Oct. 5, 2018, 132 Stat. 3435; amended Pub. L. 118–63, title XII, §1215(e), May 16, 2024, 138 Stat. 1430.)
Editorial Notes
Amendments
2024—Pub. L. 118–63 substituted "individuals involved in accidents and families of such individuals" for "for families of individuals involved in accidents" in section catchline and "individuals involved in accidents and the families of such individuals" for "the families of individuals involved in the accident" in introductory provisions in text.
1 So in original. Probably should be followed by "for".
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
§1151. Aviation enforcement
(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)
(d)
(1) the labor union representing the airman involved, if applicable;
(2) the air carrier at which the airman is employed;
(3) the docket information of the incident or accident in which the airman was involved;
(4) the date of such civil actions taken by the Board or Attorney General; and
(5) a description of why such civil actions were taken by the Board or Attorney General.
(e)
(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; Pub. L. 118–63, title XII, §1208(b), May 16, 2024, 138 Stat. 1424.)
| 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.).
Editorial Notes
Amendments
2024—Subsecs. (d), (e). Pub. L. 118–63 added subsecs. (d) and (e).
2000—Pub. L. 106–181 inserted "1136(g)(2)," before "or 1155(a)" in subsecs. (a), (b)(1), and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
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.
§1152. Joinder and intervention in aviation proceedings
A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134(b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 756.)
| 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.
§1153. Judicial review
(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; Pub. L. 112–95, title III, §301(b), Feb. 14, 2012, 126 Stat. 56.)
| 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).
Editorial Notes
Amendments
2012—Subsec. (c). Pub. L. 112–95 substituted "section 44703(d), 44709, or" for "section 44709 or".
2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).
§1154. Discovery and use of cockpit and surface vehicle recordings and transcripts
(a)
(A) any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title;
(B) any part of a cockpit or surface vehicle recorder transcript that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title; and
(C) a cockpit or surface vehicle recorder recording.
(2)(A) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder transcript if, after an in camera review of the transcript, the court decides that—
(i) the part of the transcript made available to the public under section 1114(c) or 1114(d) of this title does not provide the party with sufficient information for the party to receive a fair trial; and
(ii) discovery of additional parts of the transcript is necessary to provide the party with sufficient information for the party to receive a fair trial.
(B) A court may allow discovery, or require production for an in camera review, of a cockpit or surface vehicle recorder transcript that the Board has not made available under section 1114(c) or 1114(d) of this title only if the cockpit or surface vehicle recorder recording is not available.
(3) Except as provided in paragraph (4)(A) of this subsection, a court may allow discovery by a party of a cockpit or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, if, after an in camera review of the recording, the court decides that—
(A) the parts of the transcript made available to the public under section 1114(c) or 1114(d) of this title and to the party through discovery under paragraph (2) of this subsection do not provide the party with sufficient information for the party to receive a fair trial; and
(B) discovery of the cockpit or surface vehicle recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title, is necessary to provide the party with sufficient information for the party to receive a fair trial.
(4)(A) When a court allows discovery in a judicial proceeding of a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording, the court shall issue a protective order—
(i) to limit the use of the still image, the part of the transcript, or the recording to the judicial proceeding; and
(ii) to prohibit dissemination of the still image, the part of the transcript, or the recording to any person that does not need access to the still image, the part of the transcript, or the recording for the proceeding.
(B) A court may allow a still image or a part of a cockpit or surface vehicle recorder transcript not made available to the public under section 1114(c) or 1114(d) of this title or a cockpit or surface vehicle recorder recording to be admitted into evidence in a judicial proceeding, only if the court places the still image, the part of the transcript, or the recording under seal to prevent the use of the still image, the part of the transcript, or the recording for purposes other than for the proceeding.
(5) This subsection does not prevent the Board from referring at any time to cockpit or surface vehicle recorder information in making safety recommendations.
(6) In this subsection:
(A)
(B)
(C)
(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; Pub. L. 115–254, div. C, §1104(b), Oct. 5, 2018, 132 Stat. 3430.)
| 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.).
Editorial Notes
Amendments
2018—Subsec. (a). Pub. L. 115–254, §1104(b)(1), substituted "In General" for "Transcripts and Recordings" in heading.
Subsec. (a)(1). Pub. L. 115–254, §1104(b)(2), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.
Subsec. (a)(3). Pub. L. 115–254, §1104(b)(3), substituted "recorder recording, including with regard to a video recording any still image that the National Transportation Safety Board has not made available to the public under section 1114(c) or 1114(d) of this title," for "recorder recording" in introductory provisions and in subpar. (B).
Subsec. (a)(4)(A). Pub. L. 115–254, §1104(b)(4), inserted "a still image or" before "a part of a cockpit" in introductory provisions and substituted "the still image, the part of the transcript, or the recording" for "the part of the transcript or the recording" wherever appearing.
Subsec. (a)(4)(B). Pub. L. 115–254, §1104(b)(4)(B), inserted "a still image or" before "a part of a cockpit" and substituted "the still image, the part of the transcript, or the recording" for "the part of the transcript or the recording" in two places.
Subsec. (a)(6)(B), (C). Pub. L. 115–254, §1104(b)(5), added subpar. (B) and redesignated former subpar. (B) as (C).
2000—Pub. L. 106–424, §5(c)(1)(A), substituted "and surface vehicle recordings and transcripts" for "voice and other material" in section catchline.
Subsec. (a). Pub. L. 106–424, §5(c)(1)(B), substituted "cockpit or surface vehicle recorder" for "cockpit voice recorder" wherever appearing.
Pub. L. 106–424, §5(c)(1)(C), substituted "section 1114(c) or 1114(d)" for "section 1114(c)" wherever appearing.
Subsec. (a)(6). Pub. L. 106–424, §5(c)(1)(D), which directed the amendment of this section by adding par. (6) at the end, was executed by adding par. (6) at the end of subsec. (a) to reflect the probable intent of Congress.
§1155. Penalties
(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; Pub. L. 118–63, title XII, §1216(a), May 16, 2024, 138 Stat. 1431.)
| 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.
Editorial Notes
References in Text
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 Provisions
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).
Amendments
2024—Pub. L. 118–63, §1216(a)(1), substituted "Penalties" for "Aviation penalties" in section catchline.
Subsec. (a)(1). Pub. L. 118–63, §1216(a)(2), substituted "section 1136(g), or section 1139(g)" for "or section 1136(g) (related to an aircraft accident)".
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".
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
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.
CHAPTER 13—SURFACE TRANSPORTATION BOARD
I—ESTABLISHMENT 1
II—ADMINISTRATIVE 1
Editorial Notes
Amendments
2015—Pub. L. 114–110, §§3(a)(1), (2), 10, Dec. 18, 2015, 129 Stat. 2228, 2233, renumbered chapter 7 of this title as this chapter and amended analysis generally, substituting items 1301 to 1306 and 1321 to 1326 for former items 701 to 706 and 721 to 727, respectively.
1 So in original. Does not conform to subchapter heading since word "SUBCHAPTER" does not appear.
SUBCHAPTER I—ESTABLISHMENT
§1301. Establishment of Board
(a)
(b)
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.
(6) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(c)
(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall—
(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;
(B) appoint the heads of offices with the approval of the Board;
(C) distribute Board business among officers and employees and offices of the Board;
(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 932, §701; amended Pub. L. 104–287, §5(5), Oct. 11, 1996, 110 Stat. 3389; renumbered §1301 and amended Pub. L. 114–110, §§3(a)(3), (b), 4, Dec. 18, 2015, 129 Stat. 2228, 2229.)
Editorial Notes
Amendments
2015—Pub. L. 114–110, §3(a)(3), renumbered section 701 of this title as this section.
Subsec. (a). Pub. L. 114–110, §3(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "There is hereby established within the Department of Transportation the Surface Transportation Board."
Subsec. (b)(1). Pub. L. 114–110, §4(a)(1), substituted "5 members" for "3 members" and "3 members" for "2 members".
Subsec. (b)(2). Pub. L. 114–110, §4(a)(2), added par. (2) and struck out former par. (2) which read as follows: "At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual with professional or business experience (including agriculture) in the private sector."
Subsec. (b)(4). Pub. L. 114–110, §4(b)(3), struck out "who becomes a member of the Board pursuant to paragraph (4), or an individual" after "In the case of an individual".
Pub. L. 114–110, §4(b)(1), (2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: "On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on December 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3)."
Subsec. (b)(5), (6). Pub. L. 114–110, §4(b)(2), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).
1996—Subsec. (b)(4). Pub. L. 104–287 substituted "January 1, 1996" for "the effective date of this section" and "December 29, 1995," for "the date of the enactment of the ICC Termination Act of 1995".
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–88, §2, Dec. 29, 1995, 109 Stat. 804, provided that: "Except as otherwise provided in this Act [see Tables for classification], this Act shall take effect on January 1, 1996."
Savings Provision
Pub. L. 104–88, title II, §204, Dec. 29, 1995, 109 Stat. 941, 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)
Construction
Pub. L. 114–110, §17, Dec. 18, 2015, 129 Stat. 2238, provided that: "Nothing in this Act [see Tables for classification] may be construed to affect any suit commenced by or against the Surface Transportation Board, or any proceeding or challenge pending before the Surface Transportation Board, before the date of the enactment of this Act [Dec. 18, 2015]."
Abolition of Interstate Commerce Commission
Pub. L. 104–88, title I, §101, Dec. 29, 1995, 109 Stat. 804, provided that: "The Interstate Commerce Commission is abolished."
Organization of Functions of Surface Transportation Board
Pub. L. 104–88, title II, §202, Dec. 29, 1995, 109 Stat. 940, provided that: "The Chairman of the Surface Transportation Board (in this Act [see Tables for classification] referred to as the 'Board') may allocate or reallocate any function of the Board, consistent with this title [see Tables for classification] and [former] subchapter I of chapter 7 [now 49 U.S.C. 1301 et seq.], as amended by section 201 of this title, among the members or employees of the Board, and may establish, consolidate, alter, or discontinue in the Board any organizational entities that were entities of the Interstate Commerce Commission, as the Chairman considers necessary or appropriate."
Transfer of Assets and Personnel
Pub. L. 104–88, title II, §203, Dec. 29, 1995, 109 Stat. 941, provided that:
"(a)
"(b)
"(c)
References to Interstate Commerce Commission Deemed To Be References to Surface Transportation Board
Pub. L. 104–88, title II, §205, Dec. 29, 1995, 109 Stat. 943, provided that: "Any reference to the Interstate Commerce Commission in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Interstate Commerce Commission or an officer or employee of the Interstate Commerce Commission, is deemed to refer to the Board [Surface Transportation Board], a member or employee of the Board, or the Secretary, as appropriate."
Surface Transportation Board Passenger Rail Program
Pub. L. 117–58, div. B, title II, §22309, Nov. 15, 2021, 135 Stat. 734, provided that: "The Surface Transportation Board shall—
"(1) establish a passenger rail program with primary responsibility for carrying out the Board's passenger rail responsibilities; and
"(2) hire up to 10 additional full-time employees to assist in carrying out the responsibilities referred to in paragraph (1)."
Information Security Improvement
Pub. L. 115–269, Oct. 16, 2018, 132 Stat. 3763, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'STB Information Security Improvement Act'.
"SEC. 2. REQUIREMENTS.
"(a)
"(1) to identify controls, including risk management, weakness remediation, and security authorization;
"(2) to protect controls, including configuration management, user identity and access management, and security training;
"(3) to detect controls, including continuous monitoring;
"(4) to respond [to] controls, including incident handling and reporting;
"(5) to recover controls for contingency planning; and
"(6) [sic] any additional tools that will improve the implementation of the recommendations.
"(b)
"(1)
"(2)
"(3)
"SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
"No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized."
§1302. Functions
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 933, §702; amended Pub. L. 104–287, §5(6), Oct. 11, 1996, 110 Stat. 3389; renumbered §1302, Pub. L. 114–110, §3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
Editorial Notes
References in Text
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.
Amendments
2015—Pub. L. 114–110 renumbered section 702 of this title as this section.
1996—Pub. L. 104–287 substituted "January 1, 1996" for "the effective date of such Act".
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.
§1303. Administrative provisions
(a)
(1)
(2)
(A)
(i) no formal or informal vote or other official agency action is taken at the meeting;
(ii) each individual present at the meeting is a member or an employee of the Board; and
(iii) the General Counsel of the Board is present at the meeting.
(B)
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be withheld from the public under section 552b(c) of title 5.
(C)
(D)
(E)
(F)
(i) to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or
(ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.
(b)
(c)
(d)
(1)
(A) the Committee on Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(2)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934, §703; renumbered §1303 and amended Pub. L. 114–110, §§3(a)(3), (c)(1), 5, Dec. 18, 2015, 129 Stat. 2228–2230.)
Editorial Notes
Amendments
2015—Pub. L. 114–110, §3(a)(3), renumbered section 703 of this title as this section.
Subsec. (a). Pub. L. 114–110, §5, amended subsec. (a) generally. Prior to amendment, text read as follows: "For purposes of section 552b of title 5, United States Code, the Board shall be deemed to be an agency."
Pub. L. 114–110, §3(c)(1)(A), (B), redesignated subsec. (b) as (a) and struck out former subsec. (a). Prior to amendment, text read as follows: "Chapter 9 of title 5, United States Code, shall apply to the Board in the same manner as it does to an independent regulatory agency, and the Board shall be an establishment of the United States Government."
Subsec. (b). Pub. L. 114–110, §3(c)(1)(B), redesignated subsec. (d) as (b). Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 114–110, §3(c)(1)(A), (B), redesignated subsec. (e) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "In the performance of their functions, the members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department of Transportation."
Subsec. (d). Pub. L. 114–110, §3(c)(1)(C), added subsec. (d). Former subsec. (d) redesignated (b).
Subsec. (e). Pub. L. 114–110, §3(c)(1)(B), redesignated subsec. (e) as (c).
Subsecs. (f), (g). Pub. L. 114–110, §3(c)(1)(A), struck out subsecs. (f) and (g) which read as follows:
"(f)
"(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)
§1304. Reports
(a)
(b)
(1)
(A) summary information of the case, including the docket number, case name, commodity or commodities involved, and rate review guideline or guidelines used;
(B) the date on which the rate review proceeding began;
(C) the date for the completion of discovery;
(D) the date for the completion of the evidentiary record;
(E) the date for the submission of closing briefs;
(F) the date on which the Board issued the final decision; and
(G) a brief summary of the final decision;
(2)
(c)
(1)
(2)
(A) the date on which the complaint was received by the Board;
(B) a list of the type of each complaint;
(C) the geographic region of each complaint; and
(D) the resolution of each complaint, if appropriate.
(3)
(4)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934, §704; renumbered §1304 and amended Pub. L. 114–110, §§3(a)(3), 6, Dec. 18, 2015, 129 Stat. 2228, 2231.)
Editorial Notes
Amendments
2015—Pub. L. 114–110, §6, substituted "Reports" for "Annual report" in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted "on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV." for "on its activities.", and added subsecs. (b) and (c).
Pub. L. 114–110, §3(a)(3), renumbered section 704 of this title as this section.
Statutory Notes and Related Subsidiaries
Quarterly Reports
Pub. L. 114–110, §15(b), Dec. 18, 2015, 129 Stat. 2238, provided that: "Beginning not later than 60 days after the date of the enactment of this Act [Dec. 18, 2015], the Surface Transportation Board shall submit quarterly reports to the congressional committees referred to in section 14(b) [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that describes the Surface Transportation Board's progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline."
§1305. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—
(1) $33,000,000 for fiscal year 2016;
(2) $35,000,000 for fiscal year 2017;
(3) $35,500,000 for fiscal year 2018;
(4) $35,500,000 for fiscal year 2019; and
(5) $36,000,000 for fiscal year 2020.
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 934, §705; renumbered §1305 and amended Pub. L. 114–110, §§3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)
Editorial Notes
Amendments
2015—Pub. L. 114–110, §3(a)(3), renumbered section 705 of this title as this section.
Pars. (1) to (5). Pub. L. 114–110, §7, added pars. (1) to (5) and struck out former pars. (1) to (3) which related to appropriations for fiscal years 1996, 1997, and 1998, respectively.
§1306. Reporting official action
(a)
(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, §706; renumbered §1306, Pub. L. 114–110, §3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
Editorial Notes
Amendments
2015—Pub. L. 114–110 renumbered section 706 of this title as this section.
SUBCHAPTER II—ADMINISTRATIVE
§1321. Powers
(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, §721; renumbered §1321, Pub. L. 114–110, §3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)
Editorial Notes
Amendments
2015—Pub. L. 114–110 renumbered section 721 of this title as this section.
§1322. Board action
(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, §722; renumbered §1322, Pub. L. 114–110, §3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)
Editorial Notes
Amendments
2015—Pub. L. 114–110 renumbered section 722 of this title as this section.
§1323. Service of notice in Board proceedings
(a)
(b)
(c)
(d)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937, §723; renumbered §1323 and amended Pub. L. 114–110, §§3(a)(5), 8(a), Dec. 18, 2015, 129 Stat. 2228, 2232.)
Editorial Notes
Amendments
2015—Pub. L. 114–110, §3(a)(3), renumbered section 723 of this title as this section.
Subsec. (a). Pub. L. 114–110, §8(a)(1), struck out "in the District of Columbia," after "designate an agent".
Subsec. (c). Pub. L. 114–110, §8(a)(2), struck out "in the District of Columbia" after " usual place of residence".
§1324. Service of process in court proceedings
(a)
(b)
(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937, §724; renumbered §1324 and amended Pub. L. 114–110, §§3(a)(5), 8(b), Dec. 18, 2015, 129 Stat. 2228, 2232.)
Editorial Notes
Amendments
2015—Pub. L. 114–110, §3(a)(3), renumbered section 724 of this title as this section.
Subsec. (a). Pub. L. 114–110, §8(b), struck out "in the District of Columbia" after "designate an agent" and "usual place of residence".
§1325. Railroad-Shipper Transportation Advisory Council
(a)
(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 chapter 10 of title 5. 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, §726; amended Pub. L. 104–287, §5(7), Oct. 11, 1996, 110 Stat. 3389; renumbered §1325, Pub. L. 114–110, §3(a)(6), Dec. 18, 2015, 129 Stat. 2229; amended Pub. L. 117–286, §4(a)(303), Dec. 27, 2022, 136 Stat. 4339.)
Editorial Notes
Amendments
2022—Subsec. (a)(4). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act."
2015—Pub. L. 114–110 renumbered section 726 of this title as this section.
1996—Subsec. (a). Pub. L. 104–287 substituted "December 29, 1995" for "the date of enactment of the ICC Termination Act of 1995" in introductory provisions.
§1326. Authority of the Inspector General
(a)
(b)
(1) keep the Chairman of the Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address the problems referred to in paragraph (1); and
(3) submit periodic reports to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that describe any progress made in implementing actions to address the problems referred to in paragraph (1).
(c)
(d)
(1)
(2)
(Added Pub. L. 114–110, §9, Dec. 18, 2015, 129 Stat. 2232; amended Pub. L. 117–286, §4(b)(97), Dec. 27, 2022, 136 Stat. 4353.)
Editorial Notes
Amendments
2022—Subsec. (c). Pub. L. 117–286 substituted "subsections (a) and (c) of section 406 of title 5." for "subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.)."
SUBTITLE III—GENERAL AND INTERMODAL PROGRAMS
Editorial Notes
Amendments
2021—Pub. L. 117–58, div. B, title I, §21202(c), Nov. 15, 2021, 135 Stat. 676, added item for chapter 67. Item was conformed to the style of this analysis and starting section number was supplied editorially.
2015—Pub. L. 114–94, div. A, title VI, §6019(c), Dec. 4, 2015, 129 Stat. 1581, added second item for chapter 63 and item for chapter 65.
2012—Pub. L. 112–141, div. E, title II, §52011(c)(2), July 6, 2012, 126 Stat. 895, added first item for chapter 63.
2005—Pub. L. 109–59, title III, §3002(c), Aug. 10, 2005, 119 Stat. 1545, substituted "Public" for "Mass" in item for chapter 53.
1998—Pub. L. 105–178, title VII, §7302(b), June 9, 1998, 112 Stat. 482, added item for chapter 61.
1 So in original. Two items for chapter 63 have been enacted.
3 See 2021 Amendment note below.
CHAPTER 51—TRANSPORTATION OF HAZARDOUS MATERIAL
Editorial Notes
Amendments
2012—Pub. L. 112–141, div. C, title III, §33007(b), July 6, 2012, 126 Stat. 836, added item 5118.
2005—Pub. L. 109–59, title VII, §§7111, 7115(a)(2), (h), 7123(c), Aug. 10, 2005, 119 Stat. 1899, 1901, 1908, struck out item 5111 "Rail tank cars", substituted "Special permits and exclusions" for "Exemptions and exclusions" in item 5117, struck out item 5118 "Inspectors", added items 5127 and 5128, and struck out former item 5127 "Authorization of appropriations".
2001—Pub. L. 107–56, title X, §1012(a)(2), Oct. 26, 2001, 115 Stat. 397, added item 5103a.
§5101. Purpose
The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 759; Pub. L. 109–59, title VII, §7101(b), Aug. 10, 2005, 119 Stat. 1891.)
| 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.
Editorial Notes
Amendments
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".
Statutory Notes and Related Subsidiaries
Short Title of 2015 Amendment
Pub. L. 114–94, div. A, title III, §3001, Dec. 4, 2015, 129 Stat. 1446, provided that: "This title [amending sections 5302 to 5304, 5307, 5309 to 5312, 5314, 5315, 5323, 5325, 5327, 5329, 5336 to 5340, and 10501 of this title and sections 5313 and 5314 of Title 5, Government Organization and Employees, repealing sections 5313, 5319, and 5322 of this title, enacting provisions set out as notes under 5309, 5310, 5325, 5329, 5338 of this title, section 5313 of Title 5, and section 12143 of Title 42, The Public Health and Welfare, amending provisions set out as a note under sections 5303 of this title, and repealing provisions set out as a note under section 5309 of this title] may be cited as the 'Federal Public Transportation Act of 2015'."
Pub. L. 114–94, div. A, title VII, §7001, Dec. 4, 2015, 129 Stat. 1588, provided that: "This title [amending sections 5103, 5107 to 5109, 5116, 5117, 5121, and 5128 of this title and enacting provisions set out as notes under sections 5103, 5116, 20103, 20141, 20155, and 31305 of this title] may be cited as the 'Hazardous Materials Transportation Safety Improvement Act of 2015'."
Short Title of 2012 Amendment
Pub. L. 112–141, div. B, §20001, July 6, 2012, 126 Stat. 622, provided that: "This division [see Tables for classification] may be cited as the 'Federal Public Transportation Act of 2012'."
Pub. L. 112–141, div. C, title III, §33001, July 6, 2012, 126 Stat. 832, provided that: "This title [see Tables for classification] may be cited as the 'Hazardous Materials Transportation Safety Improvement Act of 2012'."
Short Title of 2005 Amendment
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'."
Short Title of 1998 Amendment
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'."
Short Title of 1996 Amendment
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'."
Short Title of 1994 Amendment
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'."
Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Findings
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."
Buy American
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."
"Secretary" Defined
Pub. L. 112–141, div. C, title III, §33002, July 6, 2012, 126 Stat. 832, provided that: "In this title [see Tables for classification], the term 'Secretary' means the Secretary of Transportation."
§5102. Definitions
In this chapter—
(1) "commerce" means trade or transportation in the jurisdiction of the United States—
(A) between a place in a State and a place outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) "hazardous material" means a substance or material the Secretary designates under section 5103(a) of this title.
(3) "hazmat employee"—
(A) means an individual—
(i) who—
(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment—
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) "hazmat employer"—
(A) means a person—
(i) who—
(I) employs or uses at least 1 hazmat employee on a full time, part time, or temporary basis; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who—
(I) transports hazardous material in commerce;
(II) causes hazardous material to be transported in commerce; or
(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; and
(B) includes a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out an activity described in clause (ii).
(5) "imminent hazard" means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(6) "Indian tribe" has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).1
(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.
Editorial Notes
References in Text
Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (6), is section 4 of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2204, which was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.
Amendments
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".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
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.
1 See References in Text note below.
§5103. General regulatory authority
(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)
(1)
(A) it is in the public interest to grant the waiver;
(B) the waiver is not inconsistent with the safety of transporting hazardous materials; and
(C) the waiver is necessary to facilitate the safe movement of hazardous materials into, from, and within an area of a major disaster or emergency that has been declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2)
(3)
(d)
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, §117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, §6(3), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 107–296, title XVII, §1711(a), Nov. 25, 2002, 116 Stat. 2319; Pub. L. 109–59, title VII, §§7103, 7126, Aug. 10, 2005, 119 Stat. 1893, 1909; Pub. L. 109–177, title VII, §741, Mar. 9, 2006, 120 Stat. 272; Pub. L. 114–94, div. A, title VII, §7201, Dec. 4, 2015, 129 Stat. 1589.)
| 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.
Pub. L. 103–429
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).
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (c)(1)(C), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments
2015—Subsecs. (c) to (e). Pub. L. 114–94 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
2006—Subsec. (d). Pub. L. 109–177 added subsec. (d).
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted "Secretary shall designate" for "Secretary of Transportation shall designate".
Pub. L. 109–59, §7103(a), substituted "infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material," for "etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material," and "determines" for "decides".
Subsec. (b)(1)(A). Pub. L. 109–59, §7103(b), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "apply to a person—
"(i) transporting hazardous material in commerce;
"(ii) causing hazardous material to be transported in commerce; or
"(iii) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a packaging or a container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; and".
Subsec. (b)(1)(C). Pub. L. 109–59, §7103(c)(1), struck out heading and text of subpar. (C). Text read as follows: "When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary."
Subsec. (c). Pub. L. 109–59, §7103(c)(2), added subsec. (c).
2002—Subsec. (b)(1). Pub. L. 107–296, §1711(a)(1), substituted "transportation, including security," for "transportation" in introductory provisions.
Subsec. (b)(1)(B). Pub. L. 107–296, §1711(a)(2), substituted "aspects, including security," for "aspects".
Subsec. (b)(1)(C). Pub. L. 107–296, §1711(a)(3), added subpar. (C).
1994—Subsec. (b)(1)(A)(iii). Pub. L. 103–311 substituted "a packaging or a" for "a package or".
Subsec. (b)(2). Pub. L. 103–429 substituted "be conducted under section 553 of title 5, including" for "include" and "presentation" for "presentations".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2002 Amendment
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.
Effective Date of 1994 Amendment
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.
GAO Study on Acceptance of Classification Examinations
Pub. L. 114–94, div. A, title VII, §7207, Dec. 4, 2015, 129 Stat. 1592, provided that:
"(a)
"(b)
"(1) identify what standards and protocols are used to approve such persons, assess the adequacy of such standards and protocols to ensure that persons seeking approval are qualified and capable of performing classifications, and make recommendations to address any deficiencies identified;
"(2) assess the adequacy of the Secretary's oversight of persons approved to perform the classifications, including the qualification of individuals engaged in the oversight of approved persons, and make recommendations to enhance oversight sufficiently to ensure that classifications are issued as required;
"(3) identify what standards and protocols exist to rescind, suspend, or deny approval of persons who perform such classifications, assess the adequacy of such standards and protocols, and make recommendations to enhance such standards and protocols if necessary; and
"(4) include annual data for fiscal years 2005 through 2015 on the number of applications received for new classifications pursuant to section 173.56(b) of title 49, Code of Federal Regulations, of those applications how many classifications recommended by persons approved by the Secretary were changed to another classification and the reasons for the change, and how many hazardous materials incidents have been attributed to a classification recommended by such approved persons in the United States.
"(c)
"(d)
Railroad Carrier Employee Exposure to Radiation Study
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.]
Safe Placement of Train Cars
Pub. L. 103–311, title I, §111, Aug. 26, 1994, 108 Stat. 1676, provided that: "The Secretary of Transportation shall conduct a study of existing practices regarding the placement of cars on trains, with particular attention to the placement of cars that carry hazardous materials. In conducting the study, the Secretary shall consider whether such placement practices increase the risk of derailment, hazardous materials spills, or tank ruptures or have any other adverse effect on safety. The results of the study shall be submitted to Congress within 1 year after the date of enactment of this Act [Aug. 26, 1994]."
Fiber Drum Packaging
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)
Pub. L. 103–311, title I, §122, Aug. 26, 1994, 108 Stat. 1681, 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."
§5103a. Limitation on issuance of hazmat licenses
(a)
(1)
(A) "the Secretary of Homeland Security"; 1 has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license; or
(B) the individual holds a valid transportation security card issued under section 70105 of title 46.
(2)
(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,2 served on the applicant 2 determines that the applicant does not meet the standards set forth in regulations issued to carry out this section.
(B)
(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; Pub. L. 115–254, div. K, title I, §1978, Oct. 5, 2018, 132 Stat. 3618.)
Editorial Notes
References in Text
With respect to a "transportation security card issued under section 70105 of title 46", referred to in subsec. (a)(1)(B), amendments made by Pub. L. 117–263 to section 70105 of Title 46, Shipping, are such that section 70105 now refers to "transportation worker identification credential" rather than "transportation security card". See section 70105 of Title 46.
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.
Amendments
2018—Subsec. (a)(1). Pub. L. 115–254, §1978(a), substituted "unless—" for "unless", "(A) 'the Secretary of Homeland Security';" for "the Secretary of Homeland Security", and "; or" for period at end and added subpar. (B).
Subsec. (d)(1). Pub. L. 115–254, §1978(b), substituted "under subsection (a)(1)(A)" for "described in subsection (a)(1)" in introductory provisions.
2008—Subsec. (g)(1)(B)(ii). Pub. L. 110–244 substituted "subsection" for "Act".
2007—Subsec. (a)(1). Pub. L. 110–53, §1556(a)(1), substituted "Secretary of Homeland Security" for "Secretary".
Subsec. (b). Pub. L. 110–53, §1556(a)(2), substituted "Secretary of Transportation" for "Secretary" in two places.
Subsec. (d)(1)(B). Pub. L. 110–53, §1556(a)(3), substituted "Secretary of Homeland Security" for "Secretary".
Subsec. (e). Pub. L. 110–53, §1556(a)(4), substituted "Secretary of Homeland Security" for "Secretary" wherever appearing.
2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Pub. L. 109–59, §7104(c), substituted "subsection (d)(1)(B)," for "subsection (c)(1)(B),".
Subsec. (b). Pub. L. 109–59, §7104(a), substituted "with respect to any material defined as hazardous material by the Secretary for which the Secretary requires placarding of a commercial motor vehicle transporting that material in commerce" for "with respect to—
"(1) any material defined as a hazardous material by the Secretary of Transportation; and
"(2) any chemical or biological material or agent determined by the Secretary of Health and Human Services or the Attorney General as being a threat to the national security of the United States".
Subsec. (c). Pub. L. 109–59, §7104(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 109–59, §7104(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1)(B). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Subsec. (e). Pub. L. 109–59, §7126, substituted "submit to the Secretary" for "submit to the Secretary of Transportation" in introductory provisions.
Pub. L. 109–59, §7104(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 109–59, §7104(b)(1), redesignated subsec. (e) as (f).
Subsecs. (g), (h). Pub. L. 109–59, §7105, added subsecs. (g) and (h).
Statutory Notes and Related Subsidiaries
Authorization of Appropriations
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. The quotation marks and semicolon probably should not appear.
2 So in original. Comma probably should appear after "applicant".
§5104. Representation and tampering
(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.
Pub. L. 103–429
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).
Editorial Notes
Amendments
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.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
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.
§5105. Transporting certain highly radioactive material
(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.
Editorial Notes
Amendments
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).
§5106. Handling criteria
The Secretary may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909.)
| 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.
Editorial Notes
Amendments
2005—Pub. L. 109–59 substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
§5107. Hazmat employee training requirements and grants
(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)
(i)
(1) conducting national outreach and training programs to assist communities in preparing for and responding to accidents and incidents involving the transportation of hazardous materials, including Class 3 flammable liquids by rail; and
(2) training State and local personnel responsible for enforcing the safe transportation of hazardous materials, including Class 3 flammable liquids.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 763; Pub. L. 103–311, title I, §§106, 119(c)(1)–(3), Aug. 26, 1994, 108 Stat. 1674, 1680; Pub. L. 109–59, title VII, §§7108, 7126, Aug. 10, 2005, 119 Stat. 1897, 1909; Pub. L. 112–141, div. C, title III, §33016, July 6, 2012, 126 Stat. 841; Pub. L. 114–94, div. A, title VII, §7301, Dec. 4, 2015, 129 Stat. 1594.)
| 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.
Editorial Notes
Amendments
2015—Subsec. (i). Pub. L. 114–94 added subsec. (i).
2012—Subsec. (e)(2). Pub. L. 112–141 inserted "through a competitive process" after "shall be made" and struck out "hazmat employee" after "nonprofit" in introductory provisions.
2005—Subsecs. (a) to (d). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions of subsecs. (a) to (c) and "Secretary shall" for "Secretary of Transportation shall" in introductory provisions of subsec. (d).
Subsec. (e). Pub. L. 109–59, §7108(1), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: "The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section. A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates—
"(1) expertise in conducting a training program for hazmat employees; and
"(2) the ability to reach and involve in a training program a target population of hazmat employees."
Subsec. (f). Pub. L. 109–59, §7108(3), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §7108(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Subsec. (g)(2). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Pub. L. 109–59, §7108(4), substituted "section 5106" for "sections 5106, 5108(a)–(g)(1) and (h), and 5109 of this title".
Subsec. (h). Pub. L. 109–59, §7108(2), redesignated subsec. (g) as (h).
1994—Subsec. (d). Pub. L. 103–311, §106, in introductory provisions inserted "or duplicate" after "conflict with" and in par. (1) substituted "hazard communication, and hazardous waste operations, and" for "hazardous waste operations and".
Subsec. (e). Pub. L. 103–311, §119(c)(1), (2), in first sentence substituted "The Secretary shall, subject to the availability of funds under section 5127(c)(3), make grants for training instructors to train hazmat employees under this section." for "In consultation with the Secretaries of Transportation and Labor and the Administrator, the Director of the National Institute of Environmental Health Sciences may make grants to train hazmat employees under this section." and in second sentence inserted "hazmat employee" after "nonprofit".
Subsec. (g). Pub. L. 103–311, §119(c)(3), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5108. Registration
(a)
(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(h) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.
(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116(h) of this title.
(3)
(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; Pub. L. 114–94, div. A, title VII, §7203(b)(1), Dec. 4, 2015, 129 Stat. 1591.)
| 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.
Pub. L. 105–102
This amends 49:5108(f) to correct an erroneous cross-reference.
Editorial Notes
Amendments
2015—Subsec. (g)(2)(B), (C). Pub. L. 114–94 substituted "5116(h)" for "5116(i)".
2005—Subsec. (a)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
Subsec. (a)(1)(B). Pub. L. 109–59, §7109(a)(1), substituted "Division 1.1, 1.2, or 1.3 explosive material" for "class A or B explosive".
Subsec. (a)(2). Pub. L. 109–59, §7126, substituted "Secretary may" for "Secretary of Transportation may" in introductory provisions.
Subsec. (a)(2)(B). Pub. L. 109–59, §7109(a)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "a person manufacturing, fabricating, marking, maintaining, reconditioning, repairing, or testing a package or container the person represents, marks, certifies, or sells for use in transporting in commerce hazardous material the Secretary designates."
Subsec. (a)(3). Pub. L. 109–59, §7109(a)(3), substituted "design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or" for "manufacture, fabricate, mark, maintain, recondition, repair, or test a package or".
Subsec. (b)(1). Pub. L. 109–59, §7126, substituted "Secretary requires" for "Secretary of Transportation requires" in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, §7109(b), substituted "any of the activities" for "the activity".
Subsec. (c). Pub. L. 109–59, §7109(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
"(1) Each person required to file a registration statement under subsection (a) of this section must file the first statement not later than March 31, 1992. The Secretary of Transportation may extend that date to September 30, 1992, for activities referred to in subsection (a)(1) of this section. A person shall renew the statement periodically consistent with regulations the Secretary prescribes, but not more than once each year and not less than once every 5 years.
"(2) The Secretary of Transportation shall decide by regulation when and under what circumstances a registration statement must be amended and the procedures to follow in amending the statement."
Subsecs. (d) to (f). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in subsec. (d), "Secretary in carrying" for "Secretary of Transportation in carrying" in subsec. (e), and "Secretary shall" for "Secretary of Transportation shall" in subsec. (f).
Subsec. (g)(1). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall".
Pub. L. 109–59, §7109(f)(1), substituted "shall" for "may".
Subsec. (g)(2)(A). Pub. L. 109–59, §7126, substituted "Secretary shall establish" for "Secretary of Transportation shall establish" in introductory provisions.
Pub. L. 109–59, §7109(f)(2), substituted "$3,000" for "$5,000" in introductory provisions.
Subsec. (g)(2)(B). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall".
Subsec. (g)(2)(C). Pub. L. 109–59, §7126, substituted "Secretary shall" for "Secretary of Transportation shall".
Pub. L. 109–59, §7114(d)(3), substituted "the Hazardous Materials Emergency Preparedness Fund established" for "the account the Secretary of the Treasury establishes".
Subsec. (g)(3). Pub. L. 109–59, §7109(f)(3), added par. (3).
Subsec. (h). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Subsec. (i)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Subsec. (i)(2)(B). Pub. L. 109–59, §7109(e), inserted "an Indian tribe," after "subdivision of a State,".
1998—Subsec. (f). Pub. L. 105–225 substituted "section 552(b)" for "section 552(f)".
1997—Subsec. (f). Pub. L. 105–102 which directed substitution of "section 552(b)" for "section 522(f)" could not be executed because "section 522(f)" did not appear.
1994—Subsec. (a)(1)(D). Pub. L. 103–311, §117(a)(3), substituted "a bulk packaging" for "a bulk package" and "the bulk packaging" for "the package".
Subsec. (a)(4). Pub. L. 103–311, §104, added par. (4).
Subsec. (g)(2)(A)(viii). Pub. L. 103–311, §119(d)(1), struck out "5107(e)," before "5108(g)(2)".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Registration
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."
§5109. Motor carrier safety permits
(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)
(1) the carrier has the opportunity, prior to the denial of such permit, to submit a written description of corrective actions taken and other documentation the carrier wishes the Secretary to consider, including a corrective action plan; and
(2) the Secretary determines the actions or plan is insufficient to address the safety concerns identified during the course of the comprehensive review.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 767; Pub. L. 109–59, title VII, §7126, Aug. 10, 2005, 119 Stat. 1909; Pub. L. 114–94, div. A, title VII, §7202, Dec. 4, 2015, 129 Stat. 1589.)
| 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.
Editorial Notes
Amendments
2015—Subsec. (h). Pub. L. 114–94 amended subsec. (h) generally. Prior to amendment, text read as follows: "The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991."
2005—Subsec. (a). Pub. L. 109–59 substituted "Secretary issues" for "Secretary of Transportation issues" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Motor Carrier Safety Permits
Pub. L. 112–141, div. C, title III, §33014, July 6, 2012, 126 Stat. 840, provided that:
"(a)
"(1) the list of hazardous materials requiring a safety permit;
"(2) the number of permits that have been issued, denied, revoked, or suspended since inception of the program and the number of commercial motor carriers that have never had a permit denied, revoked, or suspended since inception of the program;
"(3) the reasons for such denials, revocations, or suspensions;
"(4) the criteria used by the Federal Motor Carrier Safety Administration to determine whether a hazardous material safety permit issued by a State is equivalent to the Federal permit; and
"(5) actions the Secretary could implement to improve the program, including whether to provide opportunities for an additional level of fitness review prior to the denial, revocation, or suspension of a safety permit.
"(b)
§5110. Shipping papers and disclosure
(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.
Editorial Notes
Amendments
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).
Statutory Notes and Related Subsidiaries
Improvements to Hazardous Materials Identification Systems
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)
Continually Monitored Telephone Systems
Pub. L. 101–615, §26, Nov. 16, 1990, 104 Stat. 3273, provided that:
"(a)
"(b)
1 So in original. Comma probably should not appear.
[§5111. Repealed. Pub. L. 109–59, title VII, §7111, Aug. 10, 2005, 119 Stat. 1899]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.
§5112. Highway routing of hazardous material
(a)
(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)
(1)
(2)
(A)
(i) the name of the State agency responsible for hazardous material highway route designations; and
(ii) a list of the State's currently effective hazardous material highway route designations.
(B)
(i) at least once every 2 years; and
(ii) not later than 60 days after a hazardous material highway route designation is established, amended, or discontinued.
(d)
(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; Pub. L. 112–141, div. C, title III, §33013(a), July 6, 2012, 126 Stat. 839.)
| 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.
Editorial Notes
Amendments
2012—Subsec. (c). Pub. L. 112–141 designated existing provisions as par. (1), inserted heading, and added par. (2).
2005—Subsec. (a)(1). Pub. L. 109–59 substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Study of Hazardous Materials Transportation by Motor Carriers Near Federal Prisons
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.
§5113. Unsatisfactory safety rating
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, §4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, §7112(a), Aug. 10, 2005, 119 Stat. 1899.)
| 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.
Editorial Notes
Amendments
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.
§5114. Air transportation of ionizing radiation material
(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.
Editorial Notes
Amendments
2005—Subsec. (b). Pub. L. 109–59 substituted "Secretary" for "Secretary of Transportation".
§5115. Training curriculum for the public sector
(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 courses and minimum number of hours of instruction necessary for public sector employees to be able to respond safely and efficiently to an accident or incident involving the transportation of hazardous material and to plan those responses; and
(C) appropriate emergency response training and planning programs for public sector employees developed with Federal financial assistance, including programs developed with grants made under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); and
(2) may include recommendations on material appropriate for use in a recommended course described in clause (1)(B) of this subsection.
(c)
(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; Pub. L. 112–141, div. C, title III, §33004(a), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VI, §6013, Dec. 4, 2015, 129 Stat. 1570.)
| 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.
Pub. L. 103–429
This amends 49:5115(b)(1)(C) to make a cross-reference more precise.
Editorial Notes
Amendments
2015—Subsec. (a). Pub. L. 114–94 inserted ", including online curriculum as appropriate," after "a current curriculum of courses".
2012—Subsecs. (b)(1)(B), (2), (c). Pub. L. 112–141 struck out "basic" after "recommended".
2005—Subsec. (a). Pub. L. 109–59, §7113(a), inserted heading and first sentence and struck out former heading and first sentence. Text read as follows: "Not later than November 16, 1992, in coordination with the Director of the Federal Emergency Management Agency, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, Secretaries of Labor, Energy, and Health and Human Services, and Director of the National Institute of Environmental Health Sciences, and using the existing coordinating mechanisms of the national response team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall develop and update periodically a curriculum consisting of a list of courses necessary to train public sector emergency response and preparedness teams."
Subsec. (b). Pub. L. 109–59, §7113(b)(1), substituted "maintained and updated" for "developed" in introductory provisions.
Subsec. (b)(1)(C). Pub. L. 109–59, §7113(b)(2), substituted "with Federal financial assistance, including programs" for "under other United States Government grant programs, including those".
Subsec. (c)(3). Pub. L. 109–59, §7113(c), inserted "and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate" before period at end.
Subsec. (d). Pub. L. 109–59, §7113(d)(1), substituted "National Response Team" for "national response team" in introductory provisions.
Subsec. (d)(1). Pub. L. 109–59, §7113(d)(2), substituted "Secretary" for "Director of the Federal Emergency Management Agency".
Subsec. (d)(2). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Pub. L. 109–59, §7113(d)(3), inserted "and distribute" after "publish" and substituted "list of programs and courses maintained and updated under this section and of any programs utilizing such courses" for "list of programs that uses a course developed under this section for training public sector employees to respond to an accident or incident involving the transportation of hazardous material".
1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted "126(g)" for "126".
Statutory Notes and Related Subsidiaries
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (a) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 Amendment
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.
§5116. Planning and training grants, monitoring, and review
(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;
(B) to decide on the need for regional hazardous material emergency response teams; and
(C) to train public sector employees to respond to accidents and incidents involving hazardous material.
(2) To the extent that a grant is used to train emergency responders under paragraph (1)(C), the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.
(3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if—
(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the Federal Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and
(B) any emergency response training provided under the grant shall consist of—
(i) a course developed or identified under section 5115 of this title; or
(ii) any other course the Secretary determines is consistent with the objectives of this section.
(4) A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes.
(5) A training grant under paragraph (1)(C) may be used—
(A) to pay—
(i) the tuition costs of public sector employees being trained;
(ii) travel expenses of those employees to and from the training facility;
(iii) room and board of those employees when at the training facility; and
(iv) travel expenses of individuals providing the training;
(B) by the State, political subdivision, or Indian tribe to provide the training; and
(C) to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if—
(i) the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice;
(ii) the person agrees to have an auditable accounting system; and
(iii) the State or Indian tribe conducts at least one on-site observation of the training each year.
(6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response planning and training. In making a decision about those needs, the Secretary shall consider—
(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe;
(B) the types and amounts of hazardous material transported in the State or on such land;
(C) whether the State or Indian tribe imposes and collects a fee for transporting hazardous material;
(D) whether such fee is used only to carry out a purpose related to transporting hazardous material;
(E) the past record of the State or Indian tribe in effectively managing planning and training grants; and
(F) any other factors the Secretary determines are appropriate to carry out this subsection.
(b)
(c)
(d)
(e)
(f)
(1) authority to receive applications for grants under this section.
(2) authority to review applications for technical compliance with this section.
(3) authority to review applications to recommend approval or disapproval.
(4) any other ministerial duty associated with grants under this section.
(g)
(h)
(1) to make grants under this section and section 5107(e);
(2) to monitor and provide technical assistance under subsection (e) of this section;
(3) to publish and distribute an emergency response guide; and
(4) to pay administrative costs of carrying out this section and sections 5107(e) and 5108(g)(2) of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.
(i)
(1) In order to further the purposes of subsection (a), the Secretary shall, subject to the availability of funds and through a competitive process, make a grant or make grants to national nonprofit fire service organizations for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.
(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—
(A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and
(B) prioritize such needs and develop a means for identifying additional specific training needs.
(3) Funds granted to an organization under this subsection shall only be used—
(A) to provide training, including portable training, for instructors to conduct hazardous materials response training programs;
(B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and
(C) to disseminate such information and materials as are necessary for the conduct of such training programs.
(4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to provide training, including portable training, for instructors to conduct hazardous materials response training programs in such fiscal year that will use—
(A) a course or courses developed or identified under section 5115 of this title; or
(B) other courses which the Secretary determines are consistent with the objectives of this subsection;
for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall comply with Federal regulations and national consensus standards for hazardous materials response and be open to all such individuals on a nondiscriminatory basis.
(5) The Secretary may not award a grant to an organization under this subsection unless the organization ensures that emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.
(6) Notwithstanding paragraphs (1) and (3), to the extent determined appropriate by the Secretary, a grant awarded by the Secretary to an organization under this subsection to conduct hazardous material response training programs may be used to train individuals with responsibility to respond to accidents and incidents involving hazardous material.
(7) For the purposes of this subsection, the term "portable training" means live, instructor-led training provided by certified fire service instructors that can be offered in any suitable setting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources.
(8) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
(j)
(1)
(A) to develop a hazardous materials response training curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail, consistent with the standards of the National Fire Protection Association; and
(B) to make the training described in subparagraph (A) available in an electronic format.
(2)
(A) represents first responders or public officials responsible for coordinating disaster response; and
(B) is able to provide direct or web-based training to individuals responsible for responding to accidents and incidents involving hazardous materials.
(3)
(A)
(B)
(i) to make grants under—
(I) subsection (a)(1)(C);
(II) subsection (i); and
(III) section 5107(e);
(ii) to conduct monitoring and provide technical assistance under subsection (e);
(iii) to publish and distribute the emergency response guide referred to in subsection (h)(3); and
(iv) to pay administrative costs in accordance with subsection (h)(4).
(C)
(k)
(1) a detailed accounting and description of each grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure;
(2) the number of persons trained under the grant program, by training level;
(3) an evaluation of the efficacy of such planning and training programs; and
(4) any recommendations the Secretary may have for improving such grant programs.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 773; Pub. L. 103–311, title I, §§105, 119(a), (d)(2), (3), Aug. 26, 1994, 108 Stat. 1673, 1679, 1680; Pub. L. 103–429, §7(c), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104–287, §§5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389, 3398; Pub. L. 109–59, title VII, §§7114(a)–(d)(2), (e), 7126, Aug. 10, 2005, 119 Stat. 1900, 1909; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–141, div. C, title III, §33004(b), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VII, §7203(a), (b)(2), Dec. 4, 2015, 129 Stat. 1589, 1591; Pub. L. 117–58, div. B, title VI, §26002, Nov. 15, 2021, 135 Stat. 882.)
| 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.
Pub. L. 104–287, §5(8)
This amends 49:5116(j)(4)(A) to correct an erroneous cross-reference.
Editorial Notes
References in Text
The Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), is title III of Pub. L. 99–499, Oct. 17, 1986, 100 Stat. 1728, which is classified generally to chapter 116 (§11001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11001 of Title 42 and Tables.
Amendments
2021—Subsec. (j). Pub. L. 117–58, §26002(3), added subsec. (j). Former subsec. (j) redesignated (k).
Pub. L. 117–58, §26002(1), substituted "subsections (i) and (j)" for "subsection (i)" in introductory provisions.
Subsec. (k). Pub. L. 117–58, §26002(2), redesignated subsec. (j) as (k).
2015—Subsec. (a). Pub. L. 114–94, §7203(a)(3), added subsec. (a) and struck out former subsec. (a) which related to planning grants.
Subsecs. (b), (c). Pub. L. 114–94, §7203(a)(1), (2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to training grants.
Subsec. (d). Pub. L. 114–94, §7203(a)(1), (b)(2)(A), redesignated subsec. (e) as (d) and substituted "subsection (a)(3)(A)" for "subsections (a)(2)(A) and (b)(2)(A)". Former subsec. (d) redesignated (c).
Subsecs. (e) to (g). Pub. L. 114–94, §7203(a)(1), redesignated subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e) redesignated (d).
Subsec. (h). Pub. L. 114–94, §7203(a)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(1). Pub. L. 114–94, §7203(b)(2)(B)(i), inserted "and section 5107(e)" after "section".
Subsec. (h)(2). Pub. L. 114–94, §7203(b)(2)(B)(ii), substituted "subsection (e)" for "subsection (f)".
Subsec. (h)(4). Pub. L. 114–94, §7203(b)(2)(B)(iii), substituted "5107(e) and 5108(g)(2)" for "5108(g)(2) and 5115".
Subsec. (i). Pub. L. 114–94, §7203(a)(1), (b)(2)(C), redesignated subsec. (j) as (i) and substituted "subsection (a)" for "subsection (b)" in par. (1). Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 114–94, §7203(b)(2)(D), substituted, in introductory provisions, "planning and training grants under subsection (a) and grants under subsection (i) of this section and under subsections (e) and (i) of section 5107" for "planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107" and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively.
Pub. L. 114–94, §7203(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (k). Pub. L. 114–94, §7203(a)(1), redesignated subsec. (k) as (j).
2012—Subsec. (b)(1). Pub. L. 112–141, §33004(b)(1), inserted at end "To the extent that a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials."
Subsec. (j)(1). Pub. L. 112–141, §33004(b)(2)(A), substituted "funds and through a competitive process, make a grant or make grants to national nonprofit fire service organizations for" for "funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for".
Subsec. (j)(3)(A). Pub. L. 112–141, §33004(b)(2)(B), substituted "provide training, including portable training, for" for "train".
Subsec. (j)(4). Pub. L. 112–141, §33004(b)(2)(C)(ii), which directed insertion of "comply with Federal regulations and national consensus standards for hazardous materials response and" after "training course shall", was executed by making the insertion after "training courses shall" in concluding provisions, to reflect the probable intent of Congress.
Pub. L. 112–141, §33004(b)(2)(C)(i), substituted "provide training, including portable training, for" for "train" in introductory provisions.
Subsec. (j)(5) to (8). Pub. L. 112–141, §33004(b)(2)(D), (E), added pars. (5) to (7) and redesignated former par. (5) as (8).
Subsec. (k). Pub. L. 112–141, §33004(b)(3), substituted "an annual report" for "annually" and inserted "the report" after "make available" in first sentence, substituted ". The report submitted under this subsection shall include information" for "information" and "The report submitted under this subsection shall identify the ultimate recipients of such grants and include—" for "The report shall identify the ultimate recipients of training grants and include a detailed accounting of all grant expenditures by grant recipients, the number of persons trained under the grant programs, and an evaluation of the efficacy of training programs carried out.", and added pars. (A) to (D).
2005—Subsec. (a)(1), (2). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 109–59, §7114(a), substituted "5 fiscal years" for "2 fiscal years".
Subsec. (b)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation".
Subsec. (b)(2). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–59, §7114(a), substituted "5 fiscal years" for "2 fiscal years".
Subsec. (b)(3)(C), (4). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions of par. (3)(C) and "Secretary shall allocate" for "Secretary of Transportation shall allocate" in introductory provisions of par. (4).
Subsecs. (c), (d). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in subsec. (c) and "Secretary." for "Secretary of Transportation." in subsec. (d).
Subsec. (f). Pub. L. 109–59, §7114(b), substituted "National Response Team" for "national response team".
Subsec. (g). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
Pub. L. 109–59, §7114(c), substituted "Federal financial assistance" for "Government grant programs" in introductory provisions.
Subsec. (i). Pub. L. 109–59, §7114(d)(1), (2), in introductory provisions, inserted "(to be known as the 'Hazardous Materials Emergency Preparedness Fund')" after "an account in the Treasury" and struck out "collects under section 5108(g)(2)(A) of this title and" before "transfers to the Secretary", added par. (3), and redesignated former par. (3) as (4) and substituted "2 percent" for "10 percent".
Subsec. (k). Pub. L. 109–59, §7114(e), substituted "The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public information on the allocation and uses of the planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107" for "Not later than September 30, 1997, the Secretary shall submit to Congress a report on the allocation and uses of training grants authorized under subsection (b) for fiscal year 1993 through fiscal year 1996 and grants authorized under subsection (j) and section 5107 for fiscal years 1995 and 1996" and "The report" for "Such report".
1996—Subsec. (a)(2). Pub. L. 104–287, §6(b), made technical correction to directory language of Pub. L. 103–311, §105(b)(2). See 1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104–287, §5(8), substituted "section 5115 of this title" for "subsection (g)".
1994—Subsec. (a)(1). Pub. L. 103–311, §105(a), in introductory provisions inserted "and Indian tribes" after "States", and in subpar. (A) substituted "on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe" for "in a State and between States".
Subsec. (a)(2). Pub. L. 103–311, §105(b)(2), as amended by Pub. L. 104–287, §6(b), struck out "the State" after "only if" in introductory provisions.
Pub. L. 103–311, §105(b)(1), inserted "or Indian tribe" after "grant to a State" in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103–311, §105(b)(1), (3), inserted "the State or Indian tribe" before "certifies" and "or Indian tribe" before "expends".
Subsec. (a)(2)(B). Pub. L. 103–311, §105(b)(4), inserted "the State" before "agrees".
Subsec. (a)(3). Pub. L. 103–311, §105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103–311, §119(d)(2), as amended by Pub. L. 103–429, struck out "and section 5107(e) of this title" after "under this section".
Subsec. (i)(3). Pub. L. 103–311, §119(d)(3), as amended by Pub. L. 103–429, substituted "5108(g)(2)" for "5107(e), 5108(g)(2),".
Subsecs. (j), (k). Pub. L. 103–311, §119(a), added subsecs. (j) and (k).
Statutory Notes and Related Subsidiaries
Change of Name
"Administrator of the Federal Emergency Management Agency", "Administrators, and Director", and "Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences" substituted for "Director of the Federal Emergency Management Agency", "Administrator, and Directors", and "Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences", respectively, in subsecs. (f) to (h), on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Pub. L. 104–287, §6(b), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by section 6(b) is effective Aug. 26, 1994.
Effective Date of 1994 Amendment
Pub. L. 103–429, §7(c), Oct. 31, 1994, 108 Stat. 4389, provided that the amendment made by section 7(c) is effective Aug. 26, 1994.
Savings Clause
Pub. L. 114–94, div. A, title VII, §7203(c), Dec. 4, 2015, 129 Stat. 1591, provided that: "Nothing in this section [amending this section and section 5108 of this title] may be construed to prohibit the Secretary [of Transportation] from recovering and deobligating funds from grants that are not managed or expended in compliance with a grant agreement."
§5117. Special permits and exclusions
(a)
(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 1 (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)
(f)
(1)
(2)
(A) the safety record for hazardous materials transported under the special permit;
(B) the application of a special permit;
(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and
(D) rulemaking activity in related areas.
(3)
(g)
(1) publish in the Federal Register notice of the final disposition of each application for a new special permit, modification to an existing special permit, or approval during the preceding quarter; and
(2) make available to the public on the Department of Transportation's Internet Web site notice of the final disposition of any other special permit during the preceding quarter.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 776; Pub. L. 103–311, title I, §120(a), Aug. 26, 1994, 108 Stat. 1680; Pub. L. 109–59, title VII, §§7115(a)(1), (b)–(g), 7126, Aug. 10, 2005, 119 Stat. 1901, 1909; Pub. L. 112–141, div. C, title III, §33012(c), July 6, 2012, 126 Stat. 839; Pub. L. 114–94, div. A, title VII, §7204, Dec. 4, 2015, 129 Stat. 1592.)
| 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.
Editorial Notes
References in Text
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, which was renamed the Ports and Waterways Safety Act by Pub. L. 95–474, §2, Oct. 17, 1978, 92 Stat. 1471, and was classified generally to chapter 25 (§1221 et seq.) of Title 33, Navigation and Navigable Waters, prior to repeal by Pub. L. 115–282, title IV, §402(e), Dec. 4, 2018, 132 Stat. 4264. See Transitional and Savings Provisions note preceding section 101 of Title 46, Shipping, and chapter 700 (§70001 et seq.) of Title 46.
Amendments
2015—Subsec. (b). Pub. L. 114–94, §7204(1), substituted "an application for a new special permit or a modification to an existing special permit" for "an application for a special permit" and inserted "The Secretary shall make available to the public on the Department of Transportation's Internet Web site any special permit other than a new special permit or a modification to an existing special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days." before "This subsection".
Subsec. (c). Pub. L. 114–94, §7204(2), substituted "a special permit or approval" for "the special permit" in two places, "120 days" for "180 days", and "make available to the public" for "publish", and struck out "in the Federal Register" after "a statement".
Subsec. (g). Pub. L. 114–94, §7204(3), added subsec. (g).
2012—Subsec. (f). Pub. L. 112–141 added subsec. (f).
2005—Pub. L. 109–59, §7115(a)(1), substituted "Special permits and exclusions" for "Exemptions and exclusions" in section catchline.
Subsec. (a). Pub. L. 109–59, §7115(b), substituted "Issue Special Permits" for "Exempt" in heading.
Subsec. (a)(1). Pub. L. 109–59, §7126, substituted "Secretary" for "Secretary of Transportation" in introductory provisions.
Pub. L. 109–59, §7115(c), in introductory provisions, substituted "issue, modify, or terminate a special permit authorizing a variance" for "issue an exemption" and "performing a function regulated by the Secretary under section 5103(b)(1)" for "transporting, or causing to be transported, hazardous material".
Subsec. (a)(2). Pub. L. 109–59, §7115(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "An exemption under this subsection is effective for not more than 2 years and may be renewed on application to the Secretary."
Subsec. (b). Pub. L. 109–59, §7115(e), substituted "the special permit" for "the exemption" and substituted "a special permit" for "an exemption" wherever appearing.
Subsec. (c). Pub. L. 109–59, §7115(f), substituted "the special permit" for "the exemption" in two places.
Subsec. (e). Pub. L. 109–59, §7115(g), substituted "a special permit" for "an exemption" and "be granted a variance" for "be exempt".
1994—Subsecs. (c) to (e). Pub. L. 103–311 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Special Permits, Approvals, and Exclusions
Pub. L. 112–141, div. C, title III, §33012(a), (b), July 6, 2012, 126 Stat. 838, provided that:
"(a)
"(1) standard operating procedures to support administration of the special permit and approval programs; and
"(2) objective criteria to support the evaluation of special permit and approval applications.
"(b)
"(1)
"(2)
"(A) the safety record for hazardous materials transported under the special permit;
"(B) the application of a special permit;
"(C) the suitability of provisions in the special permit for incorporation into the hazardous materials regulations; and
"(D) rulemaking activity in related areas.
"(3)
1 See References in Text note below.
§5118. Hazardous material technical assessment, research and development, and analysis program
(a)
(1)
(A) reducing the risks associated with the transportation of hazardous material; and
(B) identifying and evaluating new technologies to facilitate the safe, secure, and efficient transportation of hazardous material.
(2)
(A) utilize information gathered from other modal administrations with similar programs;
(B) coordinate with other modal administrations, as appropriate; and
(C) coordinate, as appropriate, with other Federal agencies.
(b)
(c)
(1)
(2)
(3)
(A) emergency planning and response, including information and programs that can be readily assessed and implemented in local jurisdictions;
(B) risk analysis and perception and data assessment;
(C) commodity flow data, including voluntary collaboration between shippers and first responders for secure data exchange of critical information;
(D) integration of safety and security;
(E) cargo packaging and handling;
(F) hazmat release consequences; and
(G) materials and equipment testing.
(Added Pub. L. 112–141, div. C, title III, §33007(a), July 6, 2012, 126 Stat. 835; amended Pub. L. 114–94, div. A, title VI, §6014, Dec. 4, 2015, 129 Stat. 1570.)
Editorial Notes
Prior Provisions
A prior section 5118, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, §2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors, prior to repeal by Pub. L. 109–59, title VII, §7115(h), Aug. 10, 2005, 119 Stat. 1901.
Amendments
2015—Subsec. (a)(2)(C). Pub. L. 114–94, §6014(1), added subpar. (C).
Subsec. (c). Pub. L. 114–94, §6014(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5119. Uniform forms and procedures
(a)
(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.
Editorial Notes
References in Text
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.
Amendments
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".
§5120. International uniformity of standards and requirements
(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). |
Editorial Notes
Amendments
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.
§5121. Administrative
(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;
(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection; and
(G) shall provide to the affected offeror, carrier, packaging manufacturer or tester, or other person responsible for the package reasonable notice of—
(i) his or her decision to exercise his or her authority under paragraph (1);
(ii) any findings made; and
(iii) any actions being taken as a result of a finding of noncompliance.
(2)
(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)
(3)
(A) the safe and expeditious resumption of transportation of perishable hazardous material, including radiopharmaceuticals and other medical products, that may require timely delivery due to life-threatening situations;
(B) the means by which—
(i) noncompliant packages that present an imminent hazard are placed out-of-service until the condition is corrected; and
(ii) noncompliant packages that do not present a hazard are moved to their final destination;
(C) appropriate training and equipment for inspectors; and
(D) the proper closure of packaging in accordance with the hazardous material regulations.
(f)
(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 safety and security of transportation of hazardous material;
(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or
(4) to otherwise carry out this chapter.
(h)
(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations, criteria, orders, and special permits;
(3) a summary of the basis for each special permit;
(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103(b)(1) and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this chapter in order of priority; and
(6) recommendations for appropriate legislation.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 779; Pub. L. 103–311, title I, §§108, 117(a)(2), Aug. 26, 1994, 108 Stat. 1674, 1678; Pub. L. 109–59, title VII, §§7118, 7126, Aug. 10, 2005, 119 Stat. 1902, 1909; Pub. L. 110–244, title III, §302(e), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title II, §32501(c), title III, §33009(a), (b)(1), (c), July 6, 2012, 126 Stat. 803, 836, 837; Pub. L. 114–94, div. A, title VII, §7205, Dec. 4, 2015, 129 Stat. 1592.)
| 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.
Editorial Notes
References in Text
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.
Amendments
2015—Subsec. (h). Pub. L. 114–94 substituted "make available to the public on the Department of Transportation's Internet Web site" for "transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate" in introductory provisions.
2012—Subsec. (c)(1)(G). Pub. L. 112–141, §33009(a), added subpar. (G).
Subsec. (c)(2). Pub. L. 112–141, §32501(c), inserted ", in person or in writing," after "proper credentials".
Subsec. (e)(3). Pub. L. 112–141, §33009(b)(1), added par. (3).
Subsec. (g)(1). Pub. L. 112–141, §33009(c), inserted "safety and" before "security".
2008—Subsec. (h)(2). Pub. L. 110–244, §302(e)(1), substituted "special permits" for "exemptions".
Subsec. (h)(3). Pub. L. 110–244, §302(e)(2), substituted "special permit" for "exemption".
2005—Subsec. (a). Pub. L. 109–59, §7126, substituted "Secretary may investigate" for "Secretary of Transportation may investigate".
Pub. L. 109–59, §7118(a), inserted "conduct tests," after "investigate," and substituted "Except as provided in subsections (c) and (d), after" for "After" and "regulation prescribed, or an order, special permit, or approval issued," for "regulation prescribed".
Subsec. (b)(1). Pub. L. 109–59, §7118(b)(1), inserted "and property" after "records".
Subsec. (b)(2). Pub. L. 109–59, §7118(b)(2), inserted "property," after "records," and "for inspection" after "available" and substituted "undertakes an investigation or makes a request" for "requests".
Subsec. (c). Pub. L. 109–59, §7118(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:
"(1) The Secretary may authorize an officer, employee, or agent to inspect, at a reasonable time and in a reasonable way, records and property related to—
"(A) manufacturing, fabricating, marking, maintaining, reconditioning, repairing, testing, or distributing a packaging or a container for use by a person in transporting hazardous material in commerce; or
"(B) the transportation of hazardous material in commerce.
"(2) An officer, employee, or agent under this subsection shall display proper credentials when requested."
Subsecs. (d), (e). Pub. L. 109–59, §7118(d), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (h), respectively.
Subsec. (f). Pub. L. 109–59, §7118(d)(1), redesignated subsec. (d) as (f).
Subsec. (g). Pub. L. 109–59, §7118(e), added subsec. (g).
Subsec. (h). Pub. L. 109–59, §7118(f)(1), substituted "transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate" for "submit to the President for transmittal to the Congress" in introductory provisions.
Pub. L. 109–59, §7118(d)(1), redesignated subsec. (e) as (h).
Subsec. (h)(4). Pub. L. 109–59, §7118(f)(2), inserted "relating to a function regulated by the Secretary under section 5103(b)(1)" after "activities".
1994—Subsec. (c)(1)(A). Pub. L. 103–311, §117(a)(2), substituted "a packaging or a" for "a package or".
Subsec. (e). Pub. L. 103–311, §108, substituted "Report" for "Annual Report" in heading and substituted first sentence for former first sentence which read as follows: "The Secretary shall submit to the President, for submission to Congress, not later than June 15th of each year, a report about the transportation of hazardous material during the prior calendar year."
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Paperless Hazard Communications Pilot Program
Pub. L. 112–141, div. C, title III, §33005, July 6, 2012, 126 Stat. 833, provided that:
"(a)
"(b)
"(1) may not waive the requirements under section 5110 of title 49, United States Code; and
"(2) shall consult with organizations representing—
"(A) fire services personnel;
"(B) law enforcement and other appropriate enforcement personnel;
"(C) other emergency response providers;
"(D) persons who offer hazardous material for transportation;
"(E) persons who transport hazardous material by air, highway, rail, and water; and
"(F) employees of persons who transport or offer for transportation hazardous material by air, highway, rail, and water.
"(c)
"(1) prepare a report on the results of the pilot projects carried out under this section, including—
"(A) a detailed description of the pilot projects;
"(B) an evaluation of each pilot project, including an evaluation of the performance of each paperless hazard communications system in such project;
"(C) an assessment of the safety and security impact of using paperless hazard communications systems, including any impact on the public, emergency response, law enforcement, and the conduct of inspections and investigations;
"(D) an analysis of the associated benefits and costs of using the paperless hazard communications systems for each mode of transportation; and
"(E) a recommendation that incorporates the information gathered in subparagraphs (A), (B), (C), and (D) on whether paperless hazard communications systems should be permanently incorporated into the Federal hazardous material transportation safety program under chapter 51 of title 49, United States Code; and
"(2) submit a final report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains the results of the pilot projects carried out under this section, including the matters described in paragraph (1).
"(d)
Hazardous Material Enforcement Training
Pub. L. 112–141, div. C, title III, §33008, July 6, 2012, 126 Stat. 836, provided that:
"(a)
"(1) how to collect, analyze, and publish findings from inspections and investigations of accidents or incidents involving the transportation of hazardous material; and
"(2) how to identify noncompliance with regulations issued under chapter 51 of title 49, United States Code, and take appropriate enforcement action.
"(b)
"(1) guidelines for hazardous material inspector and investigator qualifications;
"(2) best practices and standards for hazardous material inspector and investigator training programs; and
"(3) standard protocols to coordinate investigation efforts among Federal, State, and local jurisdictions on accidents or incidents involving the transportation of hazardous material.
"(c)
"(1) shall be mandatory for—
"(A) the Department of Transportation's multimodal personnel conducting hazardous material enforcement inspections or investigations; and
"(B) State employees who conduct federally funded compliance reviews, inspections, or investigations; and
"(2) shall be made available to Federal, State, and local hazardous material safety enforcement personnel."
Finalizing Regulations
Pub. L. 112–141, div. C, title III, §33009(b)(2), July 6, 2012, 126 Stat. 837, provided that: "In accordance with section 5103(b)(2) of title 49, United States Code, not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall take all actions necessary to finalize a regulation under paragraph (1) of this subsection [amending this section]."
Toll Free Number for Reporting
Pub. L. 103–311, title I, §116, Aug. 26, 1994, 108 Stat. 1678, provided that: "The Secretary of Transportation shall designate a toll free telephone number for transporters of hazardous materials and other individuals to report to the Secretary possible violations of chapter 51 of title 49, United States Code, or any order or regulation issued under that chapter."
§5122. Enforcement
(a)
(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.
Editorial Notes
Amendments
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).
§5123. Civil penalty
(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 $175,000.
(3) If the violation is related to training, a person described in paragraph (1) shall be liable for a civil penalty of at least $450.
(4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
(b)
(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)
(h)
(1) The Secretary may impose a penalty on a person who obstructs or prevents the Secretary from carrying out inspections or investigations under subsection (c) or (i) of section 5121.
(2) For the purposes of this subsection, the term "obstructs" means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation.
(i)
(1)
(2)
(3)
(A) set forth procedures to require a person who is delinquent in paying civil penalties to cease any activity regulated under this chapter until payment has been made or an acceptable payment plan has been arranged; and
(B) ensures 1 that the person described in subparagraph (A)—
(i) is notified in writing; and
(ii) is given an opportunity to respond before the person is required to cease the activity.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 780; Pub. L. 109–59, title VII, §§7120(a)–(c), 7126, Aug. 10, 2005, 119 Stat. 1905, 1906, 1909; Pub. L. 112–141, div. C, title III, §33010, July 6, 2012, 126 Stat. 837.)
| 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.
Editorial Notes
References in Text
The date of enactment of this subsection, referred to in subsec. (i)(3), is the date of enactment of Pub. L. 112–141, which was approved July 6, 2012.
Amendments
2012—Subsec. (a)(1). Pub. L. 112–141, §33010(1)(A), in introductory provisions, struck out "at least $250 but" after "civil penalty of" and substituted "$75,000" for "$50,000".
Subsec. (a)(2). Pub. L. 112–141, §33010(1)(B), substituted "$175,000" for "$100,000".
Subsec. (a)(3). Pub. L. 112–141, §33010(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "If the violation is related to training, paragraph (1) shall be applied by substituting '$450' for '$250'."
Subsecs. (h), (i). Pub. L. 112–141, §33010(2), added subsecs. (h) and (i).
2005—Subsec. (a)(1). Pub. L. 109–59, §7120(a)(1), in introductory provisions substituted "regulation, order, special permit, or approval issued" for "regulation prescribed or order issued" and "$50,000" for "$25,000".
Subsec. (a)(2) to (4). Pub. L. 109–59, §7120(a)(2), (3), added pars. (2) and (3) and redesignated former par. (2) as (4).
Subsec. (b). Pub. L. 109–59, §7126, substituted "Secretary may" for "Secretary of Transportation may".
Pub. L. 109–59, §7120(b), substituted "regulation prescribed or order, special permit, or approval issued" for "regulation prescribed".
Subsec. (d). Pub. L. 109–59, §7120(c), substituted "section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review." for "section."
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 2005 Amendment
Pub. L. 109–59, title VII, §7120(d), Aug. 10, 2005, 119 Stat. 1906, provided that:
"(1)
"(2)
1 So in original. Probably should be "ensure".
§5124. Criminal penalty
(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. |
Editorial Notes
Amendments
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."
§5125. Preemption
(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 and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident.
(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(2) If the Secretary prescribes or has prescribed under section 5103(b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of section 5103(b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
(c)
(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 biennially report to the Secretary on—
(A) the basis on which the fee is levied upon persons involved in such transportation;
(B) the purposes for which the revenues from the fee are used;
(C) the annual total amount of the revenues collected from the fee; and
(D) such other matters as the Secretary requests.
(g)
(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; Pub. L. 112–141, div. C, title III, §§33006(d), 33011, 33013(b), July 6, 2012, 126 Stat. 835, 838, 839.)
| 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.
Pub. L. 103–429
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).
Editorial Notes
Amendments
2012—Subsec. (b)(1)(D). Pub. L. 112–141, §33006(d), inserted "and other written hazardous materials transportation incident reporting involving State or local emergency responders in the initial response to the incident" before period at end.
Subsec. (c)(1). Pub. L. 112–141, §33013(b), inserted ", and is published in the Department's hazardous materials route registry under section 5112(c)" before period at end.
Subsec. (f)(2). Pub. L. 112–141, §33011, substituted "biennially" for ", upon the Secretary's request,".
2008—Subsec. (d)(1). Pub. L. 110–244, §302(c)(1), substituted "5119(f)" for "5119(e)".
Subsec. (e). Pub. L. 110–244, §302(c)(2), substituted "5119(f)" for "5119(b)" in introductory provisions.
Subsec. (g). Pub. L. 110–244, §302(c)(2), (3), substituted "(a), (b)(1), or (c)" for "(b), (c)(1), or (d)" and "5119(f)" for "5119(b)".
2005—Subsec. (b)(1)(E). Pub. L. 109–59, §7122(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: "the design, manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing of a packaging or a container represented, marked, certified, or sold as qualified for use in transporting hazardous material."
Subsec. (b)(2). Pub. L. 109–59, §7126, substituted "If the Secretary" for "If the Secretary of Transportation".
Pub. L. 109–59, §7122(a)(2), substituted "subjects that the Secretary prescribes. The" for "subjects that the Secretary prescribes after November 16, 1990. However, the".
Subsec. (d)(1). Pub. L. 109–59, §7122(b), inserted "or section 5119(e)" before period at end of first sentence.
Subsec. (e). Pub. L. 109–59, §7122(c), inserted "or section 5119(b)" before period at end of first sentence.
Subsec. (f). Pub. L. 109–59, §7123(a), redesignated subsec. (g) as (f), realigned margins, and struck out heading and text of former subsec. (f). Text read as follows: "A party to a proceeding under subsection (d) or (e) of this section may bring a civil action in an appropriate district court of the United States for judicial review of the decision of the Secretary not later than 60 days after the decision becomes final."
Subsec. (g). Pub. L. 109–59, §7123(a)(2), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsecs. (h), (i). Pub. L. 109–59, §7123(a)(2), redesignated subsecs. (h) and (i) as (g) and (h), respectively.
Pub. L. 109–59, §7122(d), added subsecs. (h) and (i).
2002—Subsecs. (a), (b)(1). Pub. L. 107–296 substituted "chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security" for "chapter or a regulation prescribed under this chapter" wherever appearing.
1994—Subsecs. (a), (b)(1). Pub. L. 103–429 inserted "and unless authorized by another law of the United States" after "section" in introductory provisions.
Subsec. (b)(1)(E). Pub. L. 103–311, §117(a)(2), substituted "a packaging or a" for "a package or".
Subsec. (d). Pub. L. 103–311, §120(b), inserted after second sentence "The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretary's decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made."
Subsec. (g). Pub. L. 103–311, §107, designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 2002 Amendment
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.
Effective Date of 1994 Amendment
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.
§5126. Relationship to other laws
(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.
Editorial Notes
Amendments
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".
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
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.
§5127. Judicial review
(a)
(b)
(c)
(d)
(Added Pub. L. 109–59, title VII, §7123(b), Aug. 10, 2005, 119 Stat. 1907.)
Editorial Notes
Prior Provisions
A prior section 5127 was renumbered section 5128 of this title.
§5128. Authorization of appropriations
(a)
(1) $67,000,000 for fiscal year 2022;
(2) $68,000,000 for fiscal year 2023;
(3) $69,000,000 for fiscal year 2024;
(4) $70,000,000 for fiscal year 2025; and
(5) $71,000,000 for fiscal year 2026.
(b)
(1) $39,050,000 to carry out section 5116(a);
(2) $150,000 to carry out section 5116(e);
(3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and
(4) $2,000,000 to carry out section 5116(i).
(c)
(d)
(e)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 783, §5127; Pub. L. 103–311, title I, §§103, 119(b), (c)(4), Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered §5128 and amended Pub. L. 109–59, title VII, §§7123(b), 7125, Aug. 10, 2005, 119 Stat. 1907, 1908; Pub. L. 110–244, title III, §302(f), June 6, 2008, 122 Stat. 1618; Pub. L. 112–141, div. C, title III, §33017, July 6, 2012, 126 Stat. 841; Pub. L. 113–159, title I, §1301, Aug. 8, 2014, 128 Stat. 1847; Pub. L. 114–21, title I, §1301, May 29, 2015, 129 Stat. 225; Pub. L. 114–41, title I, §1301, July 31, 2015, 129 Stat. 453; Pub. L. 114–73, title I, §1301, Oct. 29, 2015, 129 Stat. 575; Pub. L. 114–87, title I, §1301, Nov. 20, 2015, 129 Stat. 684; Pub. L. 114–94, div. A, title VII, §7101, Dec. 4, 2015, 129 Stat. 1588; Pub. L. 117–58, div. B, title VI, §26001, Nov. 15, 2021, 135 Stat. 881.)
| 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.
Editorial Notes
Amendments
2021—Pub. L. 117–58 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2016 to 2020.
2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2013 to 2015.
Subsec. (a)(3). Pub. L. 114–41, §1301(a)(2), added par. (3) and struck out former par. (3) which read as follows: "$35,615,474 for the period beginning on October 1, 2014, and ending on July 31, 2015."
Pub. L. 114–21, §1301(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "$28,468,948 for the period beginning on October 1, 2014, and ending on May 31, 2015."
Subsec. (a)(4). Pub. L. 114–87, §1301(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "$5,958,639 for the period beginning on October 1, 2015, and ending on November 20, 2015."
Pub. L. 114–73, §1301(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "$3,388,246 for the period beginning on October 1, 2015, and ending on October 29, 2015."
Pub. L. 114–41, §1301(a), added par. (4).
Subsec. (b)(1). Pub. L. 114–41, §1301(b)(1), substituted "
Subsec. (b)(2). Pub. L. 114–87, §1301(b), amended par. (2) generally. Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2015, and ending on November 20, 2015—
"(A) $26,197 to carry out section 5115;
"(B) $3,037,705 to carry out subsections (a) and (b) of section 5116, of which not less than $1,902,049 shall be available to carry out section 5116(b);
"(C) $20,902 to carry out section 5116(f);
"(D) $87,090 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
"(E) $139,344 to carry out section 5116(j)."
Pub. L. 114–73, §1301(b), amended par. (2) generally. Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2015, and ending on October 29, 2015—
"(A) $14,896 to carry out section 5115;
"(B) $1,727,322 to carry out subsections (a) and (b) of section 5116, of which not less than $1,081,557 shall be available to carry out section 5116(b);
"(C) $11,885 to carry out section 5116(f);
"(D) $49,522 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
"(E) $79,235 to carry out section 5116(j)."
Pub. L. 114–41, §1301(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on July 31, 2015—
"(A) $156,581 to carry out section 5115;
"(B) $18,156,712 to carry out subsections (a) and (b) of section 5116, of which not less than $11,368,767 shall be available to carry out section 5116(b);
"(C) $124,932 to carry out section 5116(f);
"(D) $520,548 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
"(E) $832,877 to carry out section 5116(j)."
Pub. L. 114–21, §1301(b), amended par. (2) generally. Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on May 31, 2015—
"(A) $125,162 to carry out section 5115;
"(B) $14,513,425 to carry out subsections (a) and (b) of section 5116, of which not less than $9,087,534 shall be available to carry out section 5116(b);
"(C) $99,863 to carry out section 5116(f);
"(D) $416,096 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
"(E) $665,753 to carry out section 5116(j)."
Subsec. (c). Pub. L. 114–87, §1301(c), substituted "and $710,383 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $557,377 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1301(c), substituted "and $557,377 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $316,940 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1301(c), substituted "each of fiscal years 2013 through 2015 and $316,940 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of the fiscal years 2013 and 2014 and $3,331,507 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1301(c), substituted "and $3,331,507 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
2014—Subsec. (a)(3). Pub. L. 113–159, §1301(a), added par. (3).
Subsec. (b). Pub. L. 113–159, §1301(b), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1) and realigned margins, and added par. (2).
Subsec. (c). Pub. L. 113–159, §1301(c), inserted "and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2005 to 2008.
2008—Pub. L. 110–244 substituted "Authorization" for "Authorizations" in section catchline.
2005—Pub. L. 109–59, §7125, substituted "Authorizations" for "Authorization" in section catchline and amended text generally, substituting provisions relating to authorization of appropriations for fiscal years 2005 to 2008, consisting of subsecs. (a) to (f), for provisions relating to authorization of appropriations for fiscal years 1993 to 1998, consisting of subsecs. (a) to (g).
Pub. L. 109–59, §7123(b), renumbered section 5127 of this title as this section.
1994—Subsec. (a). Pub. L. 103–311, §103, substituted "fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for fiscal year 1997" for "the fiscal year ending September 30, 1993,".
Subsec. (b). Pub. L. 103–311, §119(c)(4), amended subsec. (b)(1) generally. Prior to amendment, subsec. (b)(1) read as follows:
"(b)
Pub. L. 103–311, §119(b), designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
CHAPTER 53—PUBLIC TRANSPORTATION
Editorial Notes
Amendments
2015—Pub. L. 114–94, div. A, title III, §§3008(c), 3009(b), 3017(b), 3030(b)–(d), Dec. 4, 2015, 129 Stat. 1469, 1473, 1487, 1496, 1497, substituted "Public transportation innovation" for "Research, development, demonstration, and deployment projects" in item 5312, "Technical assistance and workforce development" for "Technical assistance and standards development" in item 5314, and "Grants for buses and bus facilities" for "Bus and bus facilities formula grants" in item 5339, and struck out item 5313 "Transit cooperative research program", item 5319 "Bicycle facilities", and item 5322 "Human resources and training".
2012—Pub. L. 112–141, div. B, §20030(k), July 6, 2012, 126 Stat. 731, amended generally the analysis for this chapter, adding item 5326, substituting "Policies and purposes" for "Policies, findings, and purposes" in item 5301, "Statewide and nonmetropolitan transportation planning" for "Statewide transportation planning" in item 5304, "Fixed guideway capital investment grants" for "Capital investment grants" in item 5309, "Formula grants for the enhanced mobility of seniors and individuals with disabilities" for "Formula grants for special needs of elderly individuals and individuals with disabilities" in item 5310, "Formula grants for rural areas" for "Formula grants for other than urbanized areas" in item 5311, "Technical assistance and standards development" for "National research programs" in item 5314, "Private sector participation" for "National transit institute" in item 5315, "Human resources and training" for "Human resource programs" in item 5322, "General provisions" for "General provisions on assistance" in item 5323, "Public transportation emergency relief program" for "Special provisions for capital projects" in item 5324, "Public transportation safety program" for "Investigations of safety hazards and security risks" in item 5329, "State of good repair grants" for "Apportionment based on fixed guideway factors" in item 5337, and "Bus and bus facilities formula grants" for "Alternatives analysis program" in item 5339, and striking out items 5308 "Clean fuels grant program", 5316 "Job access and reverse commute formula grants", 5317 "New freedom program", 5320 "Alternative transportation in parks and public lands, and 5328 "Project review".
2005—Pub. L. 109–59, title III, §§3002(b)(1), 3005(c), 3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2), 3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b), 3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119 Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600, 1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted "PUBLIC" for "MASS" in chapter heading, substituted "transportation planning" for "planning" in item 5303, "Statewide transportation planning" for "Transportation improvement program" in item 5304, "Planning programs" for "Transportation management areas" in item 5305, "grant program" for "formula grant program" in item 5308, "grants" for "grants and loans" in item 5309, "Formula grants" for "Formula grants and loans" in item 5310, "grants" for "grant" in item 5311, "deployment" for "training" in item 5312, "Transit cooperative research program" for "State planning and research programs" in item 5313, "research programs" for "planning and research programs" in item 5314, "Alternative transportation in parks and public lands" for "Suspended light rail system technology pilot project" in item 5320, "Special provisions for capital projects" for "Limitations on discretionary and special needs grants and loans" in item 5324, "Investigations of safety hazards and security risks" for "Investigation of safety hazards" in item 5329, "State safety oversight" for "Withholding amounts for noncompliance with safety requirements" in item 5330, "National transit database" for "Reports and audits" in item 5335, and "Apportionment based on fixed guideway factors" for "Apportionment of appropriations for fixed guideway modernization" in item 5337, added items 5316, 5317, and 5340, and struck out item 5326 "Special procurements".
Pub. L. 109–59, title III, §3037(b), Aug. 10, 2005, 119 Stat. 1636, which directed amendment of the analysis for chapter 53 by striking the item relating to section 5339 and inserting a new item 5339, was executed by adding the new item 5339 after item 5338 to reflect the probable intent of Congress, because no item for section 5339 had been enacted.
1998—Pub. L. 105–178, title III, §§3007(a)(2), 3008(b), 3009(b), 3014(b), 3017(b), 3025(b)(2), title V, §5110(c), June 9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted "Urbanized area formula grants" for "Block grants" in item 5307, "Clean fuels formula grant program" for "Mass Transit Account block grants" in item 5308, "Capital investment" for "Discretionary" in item 5309, "Formula grant" for "Financial assistance" in item 5311, and "transit" for "mass transportation" in item 5315, struck out items 5316 "University research institutes" and 5317 "Transportation centers", and inserted "provisions" after "Administrative" in item 5334.
Pub. L. 105–178, title III, §3013(b), June 9, 1998, 112 Stat. 359, which directed insertion of "formula" before "grants" in item 5310, was executed by substituting "Formula grants" for "Grants" to reflect the probable intent of Congress.
Pub. L. 105–178, title III, §3027(d), as added by Pub. L. 105–206, title IX, §9009(o)(2), July 22, 1998, 112 Stat. 858, substituted "formula grants" for "block grants" in item 5336.
1 Section repealed by Pub. L. 112–141 without corresponding amendment of chapter analysis.
§5301. Policies and purposes
(a)
(b)
(1) provide funding to support public transportation;
(2) improve the development and delivery of capital projects;
(3) establish standards for the state of good repair of public transportation infrastructure and vehicles;
(4) promote continuing, cooperative, and comprehensive planning that improves the performance of the transportation network;
(5) establish a technical assistance program to assist recipients under this chapter to more effectively and efficiently provide public transportation service;
(6) continue Federal support for public transportation providers to deliver high quality service to all users, including individuals with disabilities, seniors, and individuals who depend on public transportation;
(7) support research, development, demonstration, and deployment projects dedicated to assisting in the delivery of efficient and effective public transportation service; and
(8) promote the development of the public transportation workforce.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 785; Pub. L. 109–59, title III, §§3002(b)(4), 3003, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 112–141, div. B, §20003, July 6, 2012, 126 Stat. 622.)
| 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.
Editorial Notes
Amendments
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to policies, findings, and purposes.
2005—Subsec. (a). Pub. L. 109–59, §3003(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "It is in the interest of the United States to encourage and promote the development of transportation systems that embrace various modes of transportation and efficiently maximize mobility of individuals and goods in and through urbanized areas and minimize transportation-related fuel consumption and air pollution."
Subsec. (b)(1). Pub. L. 109–59, §3003(b), substituted "two-thirds" for "70 percent" and "urbanized areas" for "urban areas".
Subsecs. (b)(4), (6) to (9), (d). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (e). Pub. L. 109–59, §3003(c), substituted "a" for "an urban" and struck out "under sections 5309 and 5310 of this title" before period at end.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (f)(1). Pub. L. 109–59, §3003(d)(1), substituted "public transportation equipment" for "mass transportation equipment" and "both public transportation companies and private companies engaged in public transportation" for "public and private mass transportation companies".
Subsec. (f)(2). Pub. L. 109–59, §3003(d)(2), substituted "public transportation systems" for "urban mass transportation systems" and "both public transportation companies and private companies engaged in public transportation" for "public and private mass transportation companies".
Subsec. (f)(3). Pub. L. 109–59, §3003(d)(3), substituted "public transportation systems" for "urban mass transportation systems" and "public transportation companies or private companies engaged in public transportation" for "public or private mass transportation companies".
Subsec. (f)(5). Pub. L. 109–59, §3003(d)(4), substituted "public" for "urban mass".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Federal Transit Administration Grants
Pub. L. 117–2, title III, §3401, Mar. 11, 2021, 135 Stat. 72, provided that:
"(a)
"(1)
"(A) be for grants to eligible recipients under sections 5307, 5309, 5310, and 5311 of title 49, United States Code, to prevent, prepare for, and respond to coronavirus; and
"(B) not be subject to any prior restriction on the total amount of funds available for implementation or execution of programs authorized under sections 5307, 5310, or 5311 of such title.
"(2)
"(A)
"(i) reimbursement for payroll of public transportation (including payroll and expenses of private providers of public transportation);
"(ii) operating costs to maintain service due to lost revenue due as a result of the coronavirus public health emergency, including the purchase of personal protective equipment; and
"(iii) paying the administrative leave of operations or contractor personnel due to reductions in service.
"(B)
"(i) available for immediate obligation, notwithstanding the requirement for such expenses to be included in a transportation improvement program, long-range transportation plan, statewide transportation plan, or statewide transportation improvement program under sections 5303 and 5304 of title 49, United States Code;
"(ii) directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation), unless the recipient certifies to the Administrator of the Federal Transit Administration that the recipient has not furloughed any employees;
"(iii) used to provide a Federal share of the costs for any grant made under this section of 100 percent.
"(b)
"(1)
"(A)
"(B)
"(i) each urbanized area shall receive an apportionment of an amount that, when combined with amounts that were otherwise made available to such urbanized area for similar activities to prevent, prepare for, and respond to coronavirus, is equal to 132 percent of the urbanized area's 2018 operating costs; and
"(ii) for funds remaining after the apportionment described in clause (i), such funds shall be apportioned such that each urbanized area that did not receive an apportionment under clause (i) shall receive an apportionment equal to 25 percent of the urbanized area's 2018 operating costs.
"(2)
"(A)
"(B)
"(3)
"(A)
"(B)
"(i) any State that received an amount for similar activities to prevent, prepare for, and respond to coronavirus that is equal to or greater than 150 percent of the combined 2018 rural operating costs of the recipients and subrecipients in such State shall receive an amount equal to 5 percent of such State's 2018 rural operating costs;
"(ii) any State that does not receive an allocation under clause (i) that received an amount for similar activities to prevent, prepare for, and respond to coronavirus that is equal to or greater than 140 percent of the combined 2018 rural operating costs of the recipients and subrecipients in that State shall receive an amount equal to 10 percent of such State's 2018 rural operating costs; and
"(iii) any State that does not receive an allocation under clauses (i) or (ii) shall receive an amount equal to 20 percent of such State's 2018 rural operating costs.
"(4)
"(A)
"(i) $1,425,000,000 shall be for grants administered under subsections (d) and (e) of section 5309 of title 49, United States Code; and
"(ii) $250,000,000 shall be for grants administered under subsection (h) of section 5309 of title 49, United States Code.
"(B)
"(i)
"(ii)
"(iii)
"(iv)
"(5)
"(A)
"(B)
"(C)
"(6)
"(A)
"(B)
"(i) increase ridership and reduce travel times, while maintaining or expanding the total level of vehicle revenue miles of service provided in the planning period; or
"(ii) make service adjustments to increase the quality or frequency of service provided to low-income riders and disadvantaged neighborhoods or communities.
"(C)
"(7)
"(A)
"(B)
"(C)
"(i)
"(I) estimates of financial need;
"(II) data on reductions in farebox or other sources of local revenue for sustained operations;
"(III) a spending plan for such funds; and
"(IV) demonstration of expenditure of greater than 90 percent of funds available to the applicant from funds made available for similar activities in fiscal year 2020.
"(ii)
"(I) not later than 180 days after the date of enactment of this Act [Mar. 11, 2021], issue a Notice of Funding Opportunity for assistance under this paragraph; and
"(II) not later than 120 days after the application deadline established in the Notice of Funding Opportunity under subclause (I), make awards under this paragraph to selected applicants.
"(iii)
"(I)
"(II)
"(iv)
"(D)
Contracting Out Study
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 study of the effect of contracting out mass transportation operation and administrative functions was to be arranged between the Secretary of Transportation and the Transportation Research Board of the National Academy of Sciences no later than 6 months after June 9, 1998, and made available funds for fiscal year 1999.
Commute-to-Work Benefits
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)
§5302. Definitions
Except as otherwise specifically provided, in this chapter the following definitions apply:
(1)
(2)
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;
(B) bus shelters;
(C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles;
(F) signage; or
(G) enhanced access for persons with disabilities to public transportation.
(3)
(A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and
(B) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
(i) defined stations;
(ii) traffic signal priority for public transportation vehicles;
(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and
(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
(4)
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in public transportation;
(G) a joint development improvement that—
(i) enhances economic development or incorporates private investment, such as commercial and residential development;
(ii)(I) enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or
(II) establishes new or enhanced coordination between public transportation and other transportation;
(iii) provides a fair share of revenue that will be used for public transportation;
(iv) provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment;
(v) provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; and
(vi) may include—
(I) property acquisition;
(II) demolition of existing structures;
(III) site preparation;
(IV) utilities;
(V) building foundations;
(VI) walkways;
(VII) pedestrian and bicycle access to a public transportation facility;
(VIII) construction, renovation, and improvement of intercity bus and intercity rail stations and terminals;
(IX) renovation and improvement of historic transportation facilities;
(X) open space;
(XI) safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications);
(XII) facilities that incorporate community services such as daycare or health care;
(XIII) a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall;
(XIV) construction of space for commercial uses; and
(XV) technology to fuel a zero-emission vehicle;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts—
(i) not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311; or
(ii) not to exceed 20 percent of such recipient's annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements:
(I) Provides an active fixed route travel training program that is available for riders with disabilities.
(II) Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.
(III) Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.
(J) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter;
(K) mobility management—
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services;
(L) associated capital maintenance, including—
(i) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
(ii) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used;
(M) associated transit improvements; or
(N) technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities.
(5)
(A) an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or
(B) a State or regional authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.
(6)
(7)
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(c); and
(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
(i) would injure seriously an important public interest;
(ii) would frustrate substantially legislative policy and intent; or
(iii) would damage seriously a person or class without serving an important public interest.
(8)
(A) using and occupying a separate right-of-way for the exclusive use of public transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(9)
(A) means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and
(B) includes the designee of the Governor.
(10)
(A)
(B)
(i)
(ii)
(11)
(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.
(12)
(13)
(14)
(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.
(15)
(A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and
(B) does not include—
(i) intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity);
(ii) intercity bus service;
(iii) charter bus service;
(iv) school bus service;
(v) sightseeing service;
(vi) courtesy shuttle service for patrons of one or more specific establishments; or
(vii) intra-terminal or intra-facility shuttle services.
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103–331, title III, §335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104–50, title III, §333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105–178, title III, §3003, June 9, 1998, 112 Stat. 338; Pub. L. 105–206, title IX, §9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §§3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(a), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, §20004, July 6, 2012, 126 Stat. 623; Pub. L. 114–94, div. A, title III, §3002, Dec. 4, 2015, 129 Stat. 1446; Pub. L. 117–58, div. C, §30001(a), Nov. 15, 2021, 135 Stat. 889.)
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.
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in par. (4)(I), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Social Security Act, referred to in par. (10)(B)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2021—Pub. L. 117–58 added par. (1), redesignated former pars. (1) to (24) as (2) to (25), respectively; in subpar. (G) of par. (4), added cl. (iv) and redesignated former cls. (iv) and (v) as (v) and (vi), respectively; and in cl. (vi) of subpar. (G) of par. (4), added subcl. (XV).
2015—Par. (1)(C). Pub. L. 114–94, §3002(1)(A), inserted "functional" before "landscaping and".
Par. (1)(E). Pub. L. 114–94, §3002(1)(B), substituted "bicycle storage shelters and parking facilities and the installation of equipment" for "bicycle storage facilities and installing equipment".
Par. (3)(F). Pub. L. 114–94, §3002(2)(A), added subpar. (F) and struck out former subpar. (F), which read as follows: "leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;".
Par. (3)(G)(iv). Pub. L. 114–94, §3002(2)(B)(i), inserted "and" at end.
Par. (3)(G)(v)(XIV). Pub. L. 114–94, §3002(2)(B)(ii), struck out "and" at end.
Par. (3)(G)(vi). Pub. L. 114–94, §3002(2)(B)(iii), struck out cl. (vi), which read as follows: "does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation;".
Par. (3)(I). Pub. L. 114–94, §3002(2)(C), added subpar. (I) and struck out former subpar. (I), which read as follows: "the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311;".
Par. (3)(M), (N). Pub. L. 114–94, §3002(2)(D)–(F), added subpars. (M) and (N).
Par. (24). Pub. L. 114–94, §3002(3), added par. (24).
2012—Pub. L. 112–141 amended section generally, substituting pars. (1) to (23) for former provisions defining terms for this chapter consisting of subsecs. (a) and (b).
2008—Subsec. (a)(10). Pub. L. 110–244 substituted "charter, sightseeing," for "charter,".
2005—Subsec. (a). Pub. L. 109–59, §3004(a), substituted "Except as otherwise specifically provided, in this chapter" for "In this chapter" in introductory provisions.
Subsec. (a)(1)(A), (F). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(1)(G). Pub. L. 109–59, §3004(b)(1), inserted "construction, renovation, and improvement of intercity bus and intercity rail stations and terminals," after "public transportation facility," in introductory provisions.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing in introductory provisions.
Subsec. (a)(1)(G)(ii). Pub. L. 109–59, §3004(b)(2), inserted "(other than an intercity bus station or terminal)" after "commercial revenue-producing facility".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(1)(H). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(1)(J) to (L). Pub. L. 109–59, §3004(b)(3)–(5), added subpars. (J) to (L).
Subsec. (a)(4). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in introductory provisions and subpar. (A).
Subsec. (a)(5). Pub. L. 109–59, §3004(c), substituted "Individual with a disability" for "Handicapped individual" in heading and "individual with a disability" for "handicapped individual" in text.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (a)(7). Pub. L. 109–59, §3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: "The term 'mass transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation."
Subsec. (a)(9). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in subpars. (A) and (B).
Subsec. (a)(10). Pub. L. 109–59, §3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: "The term 'public transportation' means mass transportation."
Subsec. (a)(14) to (16). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (a)(17). Pub. L. 109–59, §3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: "The term 'urbanized area' means an area—
"(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and
"(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary."
Subsec. (b). Pub. L. 109–59, §3004(g), substituted "Individual With a Disability" for "Handicapped Individual" in heading and "individual with a disability" for "handicapped individual" in text.
1998—Pub. L. 105–178, §3003(a), formerly §3003, as renumbered by Pub. L. 105–206, §9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms.
Subsec. (a)(1)(G)(i). Pub. L. 105–178, §3003(b), as added by Pub. L. 105–206, §9009(a)(2), substituted "daycare or" for "daycare and".
1997—Subsec. (a)(1)(B), (C). Pub. L. 105–102 made technical correction to directory language of Pub. L. 104–50, §333(a). See 1995 Amendment notes below.
1996—Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, §335A. See 1994 Amendment note below.
1995—Subsec. (a)(1)(B). Pub. L. 104–50, §333(a)(1), as amended by Pub. L. 105–102, §3(a)(1), struck out "that extends the economic life of a bus for at least 5 years" after "rehabilitating a bus".
Subsec. (a)(1)(C). Pub. L. 104–50, §333(a)(2), as amended by Pub. L. 105–102, §3(a)(2), struck out "that extends the economic life of a bus for at least 8 years" after "remanufacturing a bus".
1994—Subsec. (a)(1). Pub. L. 103–331, §335A, as amended by Pub. L. 104–287, inserted "payments for the capital portions of rail trackage rights agreements," after "rights of way),".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1997 Amendment
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.
Effective Date of 1996 Amendment
Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398, provided that the amendment made by section 6(c) is effective Sept. 30, 1994.
Effective Date of 1995 Amendment
Pub. L. 104–50, title III, §333(b), Nov. 15, 1995, 109 Stat. 457, provided that: "The amendments made by this section [amending this section] shall not take effect before March 31, 1996."
§5303. Metropolitan transportation planning
(a)
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
(b)
(1)
(2)
(3)
(4)
(5)
(6) TIP.—The term "TIP" means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(7)
(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 determined 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, including representation by providers of public transportation; and
(C) appropriate State officials.
(3)
(A)
(B)
(C)
(D)
(4)
(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(5)
(6)
(A)
(B)
(7)
(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)
(A)
(B)
(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 (42 U.S.C. 7401 et seq.) 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)
(g) MPO
(1)
(2)
(3)
(A)
(B)
(i) recipients of assistance under this chapter;
(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(iii) recipients of assistance under section 204 of title 23.
(4)
(5)
(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, housing, and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
(G) promote efficient system management and operation;
(H) emphasize the preservation of the existing transportation system; and
(I) improve the resiliency and reliability of the transportation system.
(2)
(A)
(B)
(i)
(I)
(II)
(ii)
(C)
(D)
(3)
(i)
(1)
(A)
(B)
(i)
(I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).
(ii)
(2)
(A)
(i)
(ii)
(B)
(C)
(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and
(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.
(D)
(i)
(ii)
(E)
(i)
(I) demonstrates how the adopted transportation plan can be implemented;
(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(III) recommends any additional financing strategies for needed projects and programs.
(ii)
(iii)
(F)
(G)
(H)
(3)
(4)
(A)
(B)
(i) potential regional investment strategies for the planning horizon;
(ii) assumed distribution of population and employment;
(iii) assumed distribution of population and housing;
(iv) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2);
(v) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible;
(vi) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and
(vii) estimated costs and potential revenues available to support each scenario.
(C)
(5)
(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.
(6)
(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).
(D)
(i) to further encourage public participation; and
(ii) to solicit public feedback during the transportation planning process.
(7)
(8)
(j)
(1)
(A)
(i) contains projects consistent with the current metropolitan transportation plan;
(ii) reflects the investment priorities established in the current metropolitan transportation plan; and
(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2).
(B)
(C)
(D)
(i) updated at least once every 4 years; and
(ii) approved by the metropolitan planning organization and the Governor.
(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)
(D)
(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)
(i)
(ii)
(k)
(1)
(A)
(B)
(2)
(3)
(A)
(B)
(C)
(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;
(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and
(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.
(D)
(4)
(A)
(B)
(i) consult with—
(I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and
(II) other appropriate public or private entities; and
(ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1).
(C)
(i)
(ii)
(I) develop regional goals for the integration of housing, transportation, and economic development strategies to—
(aa) better connect housing and employment while mitigating commuting times;
(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development;
(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area;
(dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined;
(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development;
(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area;
(II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and
(III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership and housing development.
(5)
(A)
(B)
(6)
(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)
(ii)
(D)
(l)
(1)
(2)
(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments;
(B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section;
(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and
(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section.
(3)
(m)
(1)
(2)
(n)
(1)
(2)
(o)
(p)
(q)
(r)
(1)
(2)
(A) a metropolitan planning organization;
(B) a transportation management area under subsection (k); and
(C) an urbanized area, which is comprised of a population of 145,000 and 25 square miles of land area and 25 square miles of land area 1 in the State of California and a population of 65,000 and 12 square miles of land area and 12 square miles of land area 1 in the State of Nevada.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104–287, §5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–102, §2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–178, title III, §§3004, 3029(b)(1)–(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105–206, title IX, §9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §3005(a), Aug. 10, 2005, 119 Stat. 1547; Pub. L. 110–244, title II, §201(b), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, §20005(a), July 6, 2012, 126 Stat. 628; Pub. L. 114–94, div. A, title III, §3003(a), Dec. 4, 2015, 129 Stat. 1447; Pub. L. 114–322, title III, §3603(f)(3), Dec. 16, 2016, 130 Stat. 1789; Pub. L. 115–31, div. K, title I, §192, May 5, 2017, 131 Stat. 756; Pub. L. 117–58, div. C, §30002, Nov. 15, 2021, 135 Stat. 890.)
| 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.
Pub. L. 104–287
This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.
Pub. L. 105–102, §2(4)(A)
This amends 49:5303(c)(1) to correct an erroneous cross-reference.
Pub. L. 105–102, §2(4)(B)
This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference.
Pub. L. 105–102, §2(4)(C)
This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference.
Editorial Notes
References in Text
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the SAFETEA-LU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
The National Environmental Policy Act of 1969, referred to in subsec. (q), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2021—Subsec. (a)(1). Pub. L. 117–58, §30002(a)(1), inserted "and better connect housing and employment" after "urbanized areas".
Subsec. (d)(3)(D). Pub. L. 117–58, §30002(b)(1)(A), added subpar. (D).
Subsec. (d)(7). Pub. L. 117–58, §30002(b)(1)(B), substituted "an existing urbanized area (as defined by the Bureau of the Census)" for "an existing metropolitan planning area" and "the area" for "the existing metropolitan planning area".
Subsec. (g)(1). Pub. L. 117–58, §30002(b)(2)(A), substituted "an urbanized area (as defined by the Bureau of the Census)" for "a metropolitan area".
Subsec. (g)(3)(A). Pub. L. 117–58, §30002(a)(2), inserted "housing," after "economic development,".
Subsec. (g)(4), (5). Pub. L. 117–58, §30002(b)(2)(B), added pars. (4) and (5).
Subsec. (h)(1)(E). Pub. L. 117–58, §30002(a)(3), inserted ", housing," after "growth".
Subsec. (i)(4)(B)(iii) to (vii). Pub. L. 117–58, §30002(a)(4)(A), added cl. (iii) and redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively.
Subsec. (i)(6)(A). Pub. L. 117–58, §30002(a)(4)(B), inserted "affordable housing organizations," after "disabled,".
Subsec. (i)(6)(D). Pub. L. 117–58, §30002(b)(3), added subpar. (D).
Subsec. (k)(4) to (6). Pub. L. 117–58, §30002(a)(5), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Subsec. (p). Pub. L. 117–58, §30002(b)(4), substituted "section 104(b)(6)" for "section 104(b)(5)".
2017—Subsec. (r)(2)(C). Pub. L. 115–31 made amendment identical to that made by Pub. L. 114–322. See 2016 Amendment note below.
2016—Subsec. (r)(2)(C). Pub. L. 114–322 inserted "and 25 square miles of land area" after "145,000" and "and 12 square miles of land area" after "65,000".
2015—Subsec. (a)(1). Pub. L. 114–94, §3003(a)(1), inserted "resilient" after "development of".
Subsec. (c)(2). Pub. L. 114–94, §3003(a)(2), substituted ", bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers" for "and bicycle transportation facilities".
Subsec. (d)(3) to (7). Pub. L. 114–94, §3003(a)(3), added par. (3), redesignated pars. (3) to (6) as (4) to (7), respectively, and in par. (5), substituted "paragraph (6)" for "paragraph (5)".
Subsec. (e)(4)(B). Pub. L. 114–94, §3003(a)(4), substituted "subsection (d)(6)" for "subsection (d)(5)".
Subsec. (g)(3)(A). Pub. L. 114–94, §3003(a)(5), inserted "tourism, natural disaster risk reduction," after "economic development,".
Subsec. (h)(1)(I). Pub. L. 114–94, §3003(a)(6), added subpar. (I).
Subsec. (i)(2)(A)(i). Pub. L. 114–94, §3003(a)(7)(A)(i), substituted "public transportation facilities, intercity bus facilities" for "transit".
Subsec. (i)(2)(G). Pub. L. 114–94, §3003(a)(7)(A)(ii), substituted ", provide" for "and provide" and inserted before period at end ", and reduce the vulnerability of the existing transportation infrastructure to natural disasters".
Subsec. (i)(2)(H). Pub. L. 114–94, §3003(a)(7)(A)(iii), inserted before period at end ", including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated".
Subsec. (i)(6)(A). Pub. L. 114–94, §3003(a)(7)(B), inserted "public ports," before "freight shippers," and "(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)" after "private providers of transportation".
Subsec. (i)(8). Pub. L. 114–94, §3003(a)(7)(C), substituted "paragraph (2)(E)" for "paragraph (2)(C)" in two places.
Subsec. (k)(3)(A). Pub. L. 114–94, §3003(a)(8)(A), inserted "(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects," after "travel demand reduction".
Subsec. (k)(3)(C), (D). Pub. L. 114–94, §3003(a)(8)(B), added subpars. (C) and (D).
Subsec. (l)(1). Pub. L. 114–94, §3003(a)(9)(A), inserted a period at end.
Subsec. (l)(2)(D). Pub. L. 114–94, §3003(a)(9)(B), substituted "with a population of 200,000 or less" for "of less than 200,000".
Subsec. (p). Pub. L. 114–94, §3003(a)(10), substituted "Funds apportioned under section 104(b)(5)" for "Funds set aside under section 104(f)".
Subsec. (r). Pub. L. 114–94, §3003(a)(11), added subsec. (r).
2012—Pub. L. 112–141 amended section generally, substituting provisions consisting of subsecs. (a) to (q), including requirement to submit report on performance-based planning processes, for former provisions consisting of subsecs. (a) to (p).
2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, §201(b)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: "In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph."
Subsec. (j)(3)(D). Pub. L. 110–244, §201(b)(2), inserted "or the identified phase" after "the project" in two places.
Subsec. (k)(2). Pub. L. 110–244, §201(b)(3), struck out "a metropolitan planning area serving" before "a transportation management area,".
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds.
1998—Subsecs. (a), (b). Pub. L. 105–178, §3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively.
Subsec. (c)(1)(A). Pub. L. 105–178, §3004(b)(1)(B), substituted "or cities, as defined by the Bureau of the Census)" for "as defined by the Secretary of Commerce)".
Pub. L. 105–178, §3004(b)(1)(A), as amended by Pub. L. 105–206, §9009(b)(1)(A), substituted "general purpose local government that together represent" for "general local government representing".
Subsec. (c)(2). Pub. L. 105–178, §3004(b)(2), substituted "Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of" for "In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include" and "officials of public agencies" for "officials of authorities".
Subsec. (c)(3). Pub. L. 105–178, §3004(b)(3), as amended by Pub. L. 105–206, §9009(b)(1)(B), substituted "within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area" for "in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area".
Subsec. (c)(4)(A). Pub. L. 105–178, §3004(b)(4), as added by Pub. L. 105–206, §9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105–102, §2(4)(B). See 1997 Amendment note below.
Subsec. (c)(5)(A). Pub. L. 105–178, §3004(b)(5)(A), formerly §3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, §9009(b)(1)(C), (D), substituted "general purpose local government that together represent" for "general local government representing".
Subsec. (c)(5)(B). Pub. L. 105–178, §3004(b)(5)(B), formerly §3004(b)(4)(B), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), substituted "or cities, as defined by the Bureau of the Census)" for "as defined by the Secretary of Commerce)".
Subsec. (c)(5)(D). Pub. L. 105–178, §3004(b)(5)(C), formerly §3004(b)(4)(C), as renumbered by Pub. L. 105–206, §9009(b)(1)(D), added subpar. (D).
Subsec. (d). Pub. L. 105–178, §3004(c), inserted "Planning" after "Metropolitan" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted "planning" before "area" in first sentence and substituted pars. (2) to (4) for "The area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, except as the chief executive officer and metropolitan planning organization otherwise agree."
Subsec. (e)(2). Pub. L. 105–178, §3004(d)(1), inserted "or compact" after "2 States making an agreement" and substituted "making the agreements and compacts effective" for "making the agreement effective".
Subsec. (e)(4) to (6). Pub. L. 105–178, §3004(d)(2), as amended by Pub. L. 105–206, §9009(b)(2), added pars. (4) to (6).
Subsec. (f). Pub. L. 105–178, §3004(e)(5), substituted "Developing Long-Range Transportation Plans" for "Developing Long-Range Plans" in heading.
Pub. L. 105–178, §3004(e)(6), which directed substitution of "long-range transportation plans" for "long-range plans" wherever appearing, could not be executed because "long-range plans" does not appear in text.
Subsec. (f)(1)(A). Pub. L. 105–178, §3004(e)(1)(A), substituted "national, regional, and metropolitan transportation functions" for "United States and regional transportation functions".
Subsec. (f)(1)(B)(iii). Pub. L. 105–178, §3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: "recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;".
Subsec. (f)(1)(C). Pub. L. 105–178, §3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: "assess capital investment and other measures necessary—
"(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and
"(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and".
Subsec. (f)(1)(E). Pub. L. 105–178, §3004(f)(1), as added by Pub. L. 105–206, §9009(b)(3), added subpar. (E).
Subsec. (f)(2). Pub. L. 105–178, §3004(e)(2), substituted "and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process" for "as they are related to a 20-year forecast period".
Subsec. (f)(4). Pub. L. 105–178, §3004(e)(3), inserted "freight shippers, providers of freight transportation services," after "mass transportation authority employees," and "representatives of users of public transit," after "private providers of transportation,".
Subsec. (f)(5)(A). Pub. L. 105–178, §3004(e)(4), inserted "published or otherwise" before "made readily available".
Subsec. (f)(6). Pub. L. 105–178, §3004(f)(2), as added by Pub. L. 105–206, §9009(b)(3), added par. (6).
Subsec. (h)(1). Pub. L. 105–178, §3029(b)(1), (2), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g)(1) of this title" and "sections 5304 and 5305 of this title" for "sections 5304–5306 of this title".
Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, §3029(b)(1), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g)(1) of this title".
Subsec. (h)(4). Pub. L. 105–178, §3029(b)(3), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g) of this title".
1997—Subsec. (c)(1). Pub. L. 105–102, §2(4)(A), inserted "and sections 5304–5306 of this title" after "this section".
Subsec. (c)(4)(A). Pub. L. 105–102, §2(4)(B), substituted "paragraph (5)" for "paragraph (3)".
Subsec. (c)(5)(A). Pub. L. 105–102, §2(4)(C), inserted "and sections 5304–5306 of this title" after "this section".
1996—Subsec. (f)(2). Pub. L. 104–287, §5(10)(A), substituted "subsection (b)" for "subsection (e)".
Subsec. (h)(4). Pub. L. 104–287, §5(10)(B), substituted "section 5338(g)" for "5338(g)(1)".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
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."
Pilot Program for Transit-Oriented Development Planning
Pub. L. 112–141, div. B, §20005(b), July 6, 2012, 126 Stat. 642, as amended by Pub. L. 117–58, div. C, §30009, Nov. 15, 2021, 135 Stat. 904, provided that:
"(1)
"(A)
"(B)
"(2)
"(A) enhance economic development, ridership, and other goals established during the project development and engineering processes;
"(B) facilitate multimodal connectivity and accessibility;
"(C) increase access to transit hubs for pedestrian and bicycle traffic;
"(D) enable mixed-use development;
"(E) identify infrastructure needs associated with the eligible project; and
"(F) include private sector participation.
"(3)
"(A) identification of an eligible project;
"(B) a schedule and process for the development of a comprehensive plan or a site-specific plan;
"(C) a description of how the eligible project and the proposed comprehensive plan or the proposed site-specific plan advance the metropolitan transportation plan of the metropolitan planning organization;
"(D) proposed performance criteria for the development and implementation of the comprehensive plan or the site-specific plan; and
"(E) identification of—
"(i) partners;
"(ii) availability of and authority for funding; and
"(iii) potential State, local or other impediments to the implementation of the comprehensive plan or the site-specific plan."
Guidance on Documenting Compliance With Requirements of Private Enterprise Participation in Public Transportation Planning and Transportation Improvement Programs
Pub. L. 112–141, div. B, §20013(d), July 6, 2012, 126 Stat. 694, as amended by Pub. L. 114–94, div. A, title III, §3010(b), Dec. 4, 2015, 129 Stat. 1474, provided that: "Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall publish in the Federal Register policy guidance regarding how to best document compliance by recipients of Federal assistance under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under sections 5303(i)(6), 5306(a), and 5307(b) of such title 49."
Schedule for Implementation
Pub. L. 109–59, title III, §3005(b), Aug. 10, 2005, 119 Stat. 1559, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3005(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.
§5304. Statewide and nonmetropolitan transportation planning
(a)
(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;
(H) emphasize the preservation of the existing transportation system; and
(I) improve the resiliency and reliability of the transportation system.
(2)
(A)
(B)
(i)
(I)
(II)
(ii)
(C)
(D)
(3)
(e)
(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l);
(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f)
(1)
(2)
(A)
(B)
(i)
(ii)
(C)
(D)
(i)
(ii)
(3)
(A)
(i) nonmetropolitan local elected officials, or, if applicable, through regional transportation planning organizations described in subsection (l), an opportunity to participate in accordance with subparagraph (B)(i); and
(ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan.
(B)
(i) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);
(ii) hold any public meetings at convenient and accessible locations and times;
(iii) employ visualization techniques to describe plans; and
(iv) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(C)
(i) to further encourage public participation; and
(ii) to solicit public feedback during the transportation planning process.
(4)
(A)
(B)
(5)
(A) a financial plan that—
(i) demonstrates how the adopted statewide transportation plan can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(iii) recommends any additional financing strategies for needed projects and programs; and
(B) for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(6)
(7)
(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and
(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;
(8)
(9)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(i)
(ii)
(C)
(3)
(4)
(5)
(A)
(B)
(i)
(ii)
(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 (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).
(E)
(F)
(i)
(ii)
(G)
(i)
(ii)
(H)
(6)
(A)
(B)
(7)
(8)
(9)
(h)
(1)
(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
(C) The extent to which the State—
(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.
(2)
(A)
(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii) the effectiveness of the performance-based planning process of each State.
(B)
(i)
(j)
(k)
(l)
(1)
(2)
(3)
(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and
(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.
(4)
(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;
(B) developing a regional transportation improvement program for consideration by the State;
(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;
(D) providing technical assistance to local officials;
(E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;
(F) providing a forum for public participation in the statewide and regional transportation planning processes;
(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).
(5)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105–178, title III, §3005, June 9, 1998, 112 Stat. 345; Pub. L. 105–206, title IX, §9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, §3006(a), Aug. 10, 2005, 119 Stat. 1559; Pub. L. 112–141, div. B, §20006, July 6, 2012, 126 Stat. 643; Pub. L. 114–94, div. A, title III, §3003(b), Dec. 4, 2015, 129 Stat. 1449; Pub. L. 117–58, div. C, §30003, Nov. 15, 2021, 135 Stat. 893.)
| 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.
Editorial Notes
References in Text
The Clean Air Act, referred to in subsecs. (b)(2) and (g)(5)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. Part D of title I of the Act is classified generally to part D (§7501 et seq.) of subchapter I of chapter 85 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(2)(A), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments
2021—Subsec. (e). Pub. L. 117–58, §30003(a)(1), struck out quotation marks before "In" in introductory provisions.
Subsec. (f)(3)(C). Pub. L. 117–58, §30003(b), added subpar. (C).
Subsec. (i). Pub. L. 117–58, §30003(a)(2), substituted "this" for "this this".
2015—Subsec. (a)(2). Pub. L. 114–94, §3003(b)(1), substituted ", bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers" for "and bicycle transportation facilities".
Subsec. (d)(1)(I). Pub. L. 114–94, §3003(b)(2)(A), added subpar. (I).
Subsec. (d)(2)(B)(ii). Pub. L. 114–94, §3003(b)(2)(B)(i), struck out "urbanized" after "In".
Subsec. (d)(2)(C). Pub. L. 114–94, §3003(b)(2)(B)(ii), struck out "urbanized" after "public transportation in".
Subsec. (f)(3)(A)(ii). Pub. L. 114–94, §3003(b)(3), inserted "public ports," before "freight shippers," and "(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)" after "private providers of transportation".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to statewide transportation planning and consisted of subsecs. (a) to (j).
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969.
1998—Subsec. (a). Pub. L. 105–178, §3005(d)(1), as added by Pub. L. 105–206, §9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2).
Pub. L. 105–178, §3005(a), in second sentence, substituted "the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator," for "the organization" and inserted "other affected employee representatives, freight shippers, providers of freight transportation services," after "transportation authority employees," and "representatives of users of public transit," after "private providers of transportation,".
Subsec. (b)(2)(B). Pub. L. 105–178, §3005(d)(2)(A), as added by Pub. L. 105–206, §9009(c)(2), struck out "and" at end.
Subsec. (b)(2)(C). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting "strategies; and" for "strategies which may include", was executed by making the substitution for "strategies, which may include" to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D).
Pub. L. 105–178, §3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: "recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects."
Subsec. (b)(2)(D). Pub. L. 105–178, §3005(d)(2)(B), as added by Pub. L. 105–206, §9009(c)(2), which directed amendment of subpar. (C) by substituting "strategies; and" followed by "(D) may include" for "strategies which may include", was executed by making the substitutions for "strategies, which may include" to reflect the probable intent of Congress.
Subsec. (c)(1). Pub. L. 105–178, §3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: "Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan area that involve United States Government participation. Selection shall comply with the transportation improvement program for the area."
Subsec. (c)(3). Pub. L. 105–178, §3005(c)(2), added par. (3).
Subsec. (c)(4). Pub. L. 105–178, §3005(d)(3), as added by Pub. L. 105–206, §9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C)."
Pub. L. 105–178, §3005(c)(2), added par. (4).
Subsec. (c)(5), (6). Pub. L. 105–178, §3005(c)(2), added pars. (5) and (6).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Schedule for Implementation
Pub. L. 109–59, title III, §3006(b), Aug. 10, 2005, 119 Stat. 1565, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3006(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.
§5305. Planning programs
(a)
(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)
(1)
(A) not to require a State or local match; or
(B) to allow a Government share greater than 80 percent.
(2)
(A)
(i) the applicable urbanized area;
(ii) the applicable rural area;
(iii) an adjoining urbanized area; or
(iv) an adjoining rural area.
(B)
(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; Pub. L. 112–102, title III, §301, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §301, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20030(a), div. G, title III, §113001, July 6, 2012, 126 Stat. 730, 983; Pub. L. 117–58, div. C, §30004, Nov. 15, 2021, 135 Stat. 893.)
| 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.
Editorial Notes
Amendments
2021—Subsec. (e)(1)(A). Pub. L. 117–58, §30004(1), substituted "this section and sections" for "this section and section".
Subsec. (f). Pub. L. 117–58, §30004(2), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: "The Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match."
2012—Subsec. (e)(1)(A). Pub. L. 112–141, §20030(a)(1), substituted "section 5304 and 5306" for "sections 5304, 5306, 5315, and 5322" in introductory provisions.
Subsec. (f). Pub. L. 112–141, §20030(a)(2), substituted "
Subsec. (g). Pub. L. 112–141, §113001, substituted "2012" for "2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012" in introductory provisions.
Pub. L. 112–141, §20030(a)(3), substituted "section 5338(a)(2)(A) for a fiscal year" for "section 5338(c) for fiscal years 2005 through 2012" in introductory provisions.
Pub. L. 112–140, §§1(c), 301, temporarily substituted "ending on July 6, 2012" for "ending on June 30, 2012" in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 substituted "2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012" for "2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012" in introductory provisions.
2011—Subsec. (g). Pub. L. 112–30 substituted "2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012" for "2011".
Pub. L. 112–5 substituted "2011" for "2010, and for the period beginning October 1, 2010, and ending March 4, 2011,".
2010—Subsec. (g). Pub. L. 111–322 substituted "March 4, 2011" for "December 31, 2010".
Pub. L. 111–147 substituted "2010, and for the period beginning October 1, 2010, and ending December 31, 2010," for "2009" in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area.
1998—Subsec. (a)(2). Pub. L. 105–178, §3006(a), added par. (2) and struck out former par. (2) which read as follows: "any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials."
Subsec. (b). Pub. L. 105–178, §3006(b), inserted "affected" before "mass transportation operators".
Subsec. (c). Pub. L. 105–178, §3006(c), struck out at end "The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306."
Subsec. (d)(1). Pub. L. 105–178, §3006(d), as amended by Pub. L. 105–206, §9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows:
"(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs.
"(B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs."
Subsec. (e)(2). Pub. L. 105–178, §3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: "If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization."
Subsec. (e)(4). Pub. L. 105–178, §3006(e)(2), added par. (4).
Subsec. (h). Pub. L. 105–178, §3006(f), added subsec. (h).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 2012 Amendment
Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Pub. L. 112–141, div. G, title IV, §114001, July 6, 2012, 126 Stat. 988, provided that: "This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012."
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
§5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations
(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.
Editorial Notes
Amendments
2005—Subsec. (a). Pub. L. 109–59 inserted ", as determined by local policies, criteria, and decisionmaking," after "feasible".
§5307. Urbanized area formula grants
(a)
(1)
(A) capital projects;
(B) planning;
(C) job access and reverse commute projects; and
(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.
(2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—
(A) for public transportation systems that—
(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
(B) subject to paragraph (3), for public transportation systems that—
(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b); or
(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient's final program of projects prepared under subsection (b).
(3) The amount available to a public transportation system under subparagraph (B) of paragraph (2) shall be not more than 10 percent greater than the amount that would otherwise be available to the system under subparagraph (A) of that paragraph.
(b)
(1) make available to the public information on amounts available to the recipient under this section;
(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;
(3) publish a proposed program of projects in a way that affected individuals, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;
(4) provide an opportunity for a public hearing in which to obtain the views of individuals on the proposed program of projects;
(5) ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;
(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
(7) make the final program of projects available to the public.
(c)
(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)—
(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;
(B) has or will have satisfactory continuing control over the use of equipment and facilities;
(C) will maintain equipment and facilities in accordance with the recipient's transit asset management plan;
(D) will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any—
(i) senior;
(ii) individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and
(iii) individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
(E) in carrying out a procurement under this section, will comply with sections 5323 and 5325;
(F) has complied with subsection (b) of this section;
(G) has available and will provide the required amounts as provided by subsection (d) of this section;
(H) will comply with sections 5303 and 5304;
(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;
(J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or
(ii) has decided that the expenditure for security projects is not necessary;
(K) in the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and
(L) will comply with section 5329(d); and
(2) the Secretary accepts the certification.
(d)
(1)
(2)
(3)
(A) in cash from non-Government sources other than revenues from providing public transportation services;
(B) from revenues from the sale of advertising and concessions;
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
(D) from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(E) from amounts received under a service agreement with a State or local social service agency or private social service organization.
(4)
(e)
(1)
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.
(2)
(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)
(A)
(B)
(C)
(f)
(1)
(A)
(i) the activities proposed under subsection (c) of this section in a timely and effective way and can continue to do so; and
(ii) those activities and its certifications and has used amounts of the Government in the way required by law.
(B)
(2)
(3)
(g)
(h)
(1)
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103–429, §6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–287, §5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3007(a)(1), (b)–(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105–206, title IX, §9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107–232, §1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108–88, §8(n), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109–59, title III, §§3002(b)(4), 3009(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1568-1571; Pub. L. 110–244, title II, §201(c), June 6, 2008, 122 Stat. 1609; Pub. L. 111–147, title IV, §432, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2302, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, §302, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §132, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, §302, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §302, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20007, div. G, title III, §113002, July 6, 2012, 126 Stat. 652, 983; Pub. L. 114–94, div. A, title III, §3004, Dec. 4, 2015, 129 Stat. 1450; Pub. L. 115–31, div. K, title I, §165, May 5, 2017, 131 Stat. 749.)
| 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.
Pub. L. 103–429, §6(7)(A)
This amends 49:5307(d)(1)(D) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 797).
Pub. L. 103–429, §6(7)(B)
This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).
Pub. L. 104–287
This amends 49:5307(a)(2) to delete an obsolete provision.
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (c)(1)(D)(iii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II and XVIII of such Act are classified generally to subchapters II (§401 et seq.) and XVIII (§1395 et seq.) respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2017—Subsec. (a)(2), (3). Pub. L. 115–31 added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:
"(2)
"(A) for public transportation systems that operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; and
"(B) for public transportation systems that operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours.
"(3)
2015—Subsec. (a)(2). Pub. L. 114–94, §3004(1)(A), inserted "or demand response service, excluding ADA complementary paratransit service," before "during peak" in subpars. (A) and (B).
Subsec. (a)(3). Pub. L. 114–94, §3004(1)(B), added par. (3).
Subsec. (c)(1)(C). Pub. L. 114–94, §3004(2)(A), inserted "in accordance with the recipient's transit asset management plan" after "equipment and facilities".
Subsec. (c)(1)(K). Pub. L. 114–94, §3004(2)(B), substituted "Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and" for "Census—
"(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for associated transit improvements, as defined in section 5302; and
"(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and".
2012—Pub. L. 112–141, §20007, amended section generally. Prior to amendment, section related to urbanized area formula grants and consisted of subsecs. (a) to (l).
Subsec. (b)(2). Pub. L. 112–141, §113002(1), substituted "
Pub. L. 112–140, §§1(c), 302(1), temporarily substituted "
Pub. L. 112–102, §302(1), substituted "
Subsec. (b)(2)(A). Pub. L. 112–141, §113002(2), substituted "2012," for "2011 and the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions.
Pub. L. 112–140, §§1(c), 302(2), temporarily substituted "ending on July 6, 2012," for "ending on June 30, 2012," in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §302(2), substituted "2011 and the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and the period beginning on October 1, 2011, and ending on March 31, 2012," in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 112–141, §113002(3), substituted "
Pub. L. 112–140, §§1(c), 302(3), temporarily substituted "
Pub. L. 112–102, §302(3), substituted "
2011—Subsec. (b)(2). Pub. L. 112–30, §132(1), substituted "
Pub. L. 112–5, §302(1), substituted "
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 "
Pub. L. 112–5, §302(3), substituted "
2010—Subsec. (b)(2). Pub. L. 111–322, §2302(1), substituted "
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 "
Pub. L. 111–147, §432(3), substituted "
2008—Subsec. (b)(2). Pub. L. 110–244, §201(c)(1), substituted "
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".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective and Termination Dates of 2012 Amendment
Amendment by section 20007 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113002 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
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.
Effective Date of 1994 Amendment
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.
Pilot Program for Cooperative Procurement of Major Capital Equipment
Pub. L. 108–447, div. H, title I, §167, Dec. 8, 2004, 118 Stat. 3228, required the Secretary to continue the pilot program authorized under section 166 of Pub. L. 108–199, increased the program to 5 pilot projects, and required reports on the results of the projects.
Pub. L. 108–199, div. F, title I, §166, Jan. 23, 2004, 118 Stat. 309, required the Secretary to establish a pilot program consisting of 3 pilot projects related to cooperative procurement of major capital equipment and required reports on the results of the projects.
Local Share
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, allowed recipients of assistance under section 5307 or 5309 of this title to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project for fiscal years 1999 to 2004 and from Oct. 1, 2004, to July 30, 2005.
Pilot Program for Intercity Rail Infrastructure Investment From Mass Transit Account of Highway Trust Fund
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, required the Secretary of Transportation to establish a pilot program to determine the benefits of using funds from the Mass Transit Account of the Highway Trust Fund for intercity passenger rail and required a report evaluating the program to be submitted no later than Oct. 1, 2002.
Continuation of Operating Assistance to Certain Larger Urbanized Areas
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, authorized the Secretary of Transportation to continue helping to finance mass transportation operating costs in certain urban areas for the period beginning on June 9, 1998, and ending no later than 3 years after that date.
[§5308. Repealed. Pub. L. 112–141, div. B, §20002(a), July 6, 2012, 126 Stat. 622]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105–178, title III, §3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105–206, title IX, §9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109–59, title III, §3010(a), Aug. 10, 2005, 119 Stat. 1572, related to a grant program for clean fuel buses.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
National Fuel Cell Bus Technology Development Program
Pub. L. 109–59, title III, §3045, Aug. 10, 2005, 119 Stat. 1705, which provided for the establishment of a national fuel cell bus technology development program, was repealed by Pub. L. 112–141, div. B, §20002(c)(4), July 6, 2012, 126 Stat. 622.
§5309. Fixed guideway capital investment grants
(a)
(1)
(2)
(3)
(4)
(A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
(B) that represents a substantial investment in a single route in a defined corridor or subarea; and
(C) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
(i) defined stations;
(ii) traffic signal priority for public transportation vehicles;
(iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and
(iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
(5)
(A) a new fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or
(B) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.
(6)
(A) the Federal assistance provided or to be provided under this section is less than $150,000,000; and
(B) the total estimated net capital cost is less than $400,000,000.
(b)
(1) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of project development or engineering; and
(2) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
(c)
(1)
(A) the project is part of an approved transportation plan required under sections 5303 and 5304;
(B) the applicant has, or will have—
(i) the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of the project;
(ii) satisfactory continuing control over the use of the equipment or facilities; and
(iii) the technical and financial capacity to maintain new and existing equipment and facilities; and
(C) the applicant has made progress toward meeting the performance targets in section 5326(c)(2).
(2)
(3)
(A) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and
(B) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
(4)
(d)
(1)
(A)
(i) the applicant—
(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and
(ii) the Secretary—
(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and
(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway capital project is entering the project development phase.
(B)
(C)
(i)
(ii)
(I) a reasonable plan for completing the activities required under this paragraph; and
(II) an estimated time period within which the applicant will complete such activities.
(2)
(A)
(i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) is adopted into the metropolitan transportation plan required under section 5303;
(iii) is justified based on a comprehensive review of the project's mobility improvements, the project's environmental benefits, congestion relief associated with the project, economic development effects associated with the project, policies and land use patterns of the project that support public transportation, and the project's cost-effectiveness as measured by cost per rider; and
(iv) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; and
(ii) population density and current public transportation ridership in the transportation corridor.
(e)
(1)
(A)
(i) the applicant—
(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and
(ii) the Secretary—
(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including when necessary a detailed description of any information deemed insufficient; and
(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development phase.
(B)
(C)
(i)
(ii)
(I) a reasonable plan for completing the activities required under this paragraph; and
(II) an estimated time period within which the applicant will complete such activities.
(2)
(A)
(i) is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969;
(ii) is adopted into the metropolitan transportation plan required under section 5303;
(iii) is in a corridor that is—
(I) at or over capacity; or
(II) projected to be at or over capacity within the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years;
(iv) is justified based on a comprehensive review of the project's mobility improvements, the project's environmental benefits, congestion relief associated with the project, economic development effects associated with the project, the capacity needs of the corridor, and the project's cost-effectiveness as measured by cost per rider; and
(v) is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f).
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(ii) whether the project will increase capacity at least 10 percent in a corridor;
(iii) whether the project will improve interconnectivity among existing systems; and
(iv) whether the project will improve environmental outcomes.
(f)
(1)
(A) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls;
(B) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
(C) local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project.
(2)
(A) the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient;
(B) existing grant commitments;
(C) the degree to which financing sources are dedicated to the proposed purposes;
(D) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose;
(E) the extent to which the project has a local financial commitment that exceeds the required non-Government share of the cost of the project; and
(F) private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.
(g)
(1)
(A) the project meets the applicable requirements under this section; and
(B) there is a reasonable likelihood that the project will continue to meet the requirements under this section.
(2)
(A)
(i) in the case of a new fixed guideway capital project, the project justification criteria under subsection (d)(2)(A)(iii), and the degree of local financial commitment; and
(ii) in the case of a core capacity improvement project, the capacity needs of the corridor, the project justification criteria under subsection (e)(2)(A)(iv), and the degree of local financial commitment.
(B)
(i) provide, in addition to the overall project rating under subparagraph (A), individual ratings for each of the criteria established under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable; and
(ii) give comparable, but not necessarily equal, numerical weight to each of the criteria established under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in calculating the overall project rating under clause (i).
(C)
(3)
(A) the share of the cost of the project to be provided under this section does not exceed 50 percent of the total cost of the project;
(B) the applicant requests the use of the warrants;
(C) the applicant certifies that its existing public transportation system is in a state of good repair; and
(D) the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection.
(4)
(5)
(A) not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2012; and
(B) each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years.
(6)
(A) new fixed guideway capital projects that is based on the results of project justification, policies and land use patterns that promote public transportation, and local financial commitment, as required under this subsection; and
(B) core capacity improvement projects that is based on the results of the capacity needs of the corridor, project justification, and local financial commitment.
(7)
(8)
(h)
(1)
(2)
(A)
(i) the applicant—
(I) submits a letter to the Secretary describing the project and requesting entry into the project development phase; and
(II) initiates activities required to be carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project; and
(ii) the Secretary—
(I) responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and
(II) provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project is entering the project development phase.
(B)
(3)
(A) has been adopted as the locally preferred alternative as part of the metropolitan transportation plan required under section 5303;
(B) is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and
(C) is supported by an acceptable degree of local financial commitment.
(4)
(5)
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(i)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(i) shall enhance, or increase the capacity of—
(I) the total transportation system of the applicant; or
(II) the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and
(ii) shall—
(I) streamline procurements for the applicant; or
(II) enable time or cost savings for the projects.
(H)
(I)
(i)
(ii)
(iii)
(2)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(i) shall enhance, or increase the capacity of—
(I) the total transportation system of the applicant; or
(II) the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and
(ii) shall—
(I) streamline procurements for the applicant; or
(II) enable time or cost savings for the projects.
(H)
(I)
(i)
(ii)
(I)
(II)
(III)
(3)
(4)
(A)
(B)
(C)
(i) include only projects in an immediate future bundling request that are ready to receive a grant agreement under this section,
(ii) be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2) for the included projects, if a project seeking assistance under the combined grant agreement is a new start project or core capacity improvement project; and
(iii) be carried out through a grant agreement pursuant to subsection (h)(7) for the included projects, if the projects seeking assistance under the combined grant agreement consist entirely of small start projects.
(D)
(j)
(k)
(1)
(A)
(B)
(2)
(A)
(B)
(C)
(i) establish the terms of participation by the Government in a new fixed guideway capital project or core capacity improvement project;
(ii) establish the maximum amount of Federal financial assistance for the project;
(iii) include the period of time for completing the project, even if that period extends beyond the period of an authorization; and
(iv) make timely and efficient management of the project easier according to the law of the United States.
(D)
(i)
(ii)
(iii)
(iv)
(E)
(i)
(ii)
(I) collection of data on the current public transportation system regarding public transportation service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;
(II) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;
(III) collection of data on the public transportation system 2 years after the opening of a new fixed guideway capital project or core capacity improvement project, including analogous information on public transportation service levels and ridership patterns and information on the as-built scope, capital, and financing costs of the project; and
(IV) analysis of the consistency of predicted project characteristics with actual outcomes.
(F)
(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)
(v)
(vi)
(4)
(A)
(B)
(5)
(l)
(1)
(A)
(B)
(i)
(ii)
(iii)
(iv)
(2)
(3)
(A) the Secretary determines that the net capital project cost of the project is not more than 10 percent higher than the net capital project cost estimated at the time the project was approved for advancement into the engineering phase; and
(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into the engineering phase.
(4)
(A) in cash from non-Government sources;
(B) from revenues from the sale of advertising and concessions; or
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
(5)
(6)
(7)
(8)
(A) establish a Government share of at least 80 percent; and
(B) not lower the project's rating for degree of local financial commitment for purposes of subsections (d)(2)(A)(v) or (h)(3)(C) as a result of the Government share specified in this paragraph.
(m)
(1)
(A) the State or local governmental authority applies for the payment;
(B) the Secretary approves the payment; and
(C) before the State or local governmental authority carries out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
(2)
(A)
(B)
(C)
(n)
(1)
(2)
(o)
(1)
(A) a proposal of allocations of amounts to be available to finance grants for projects under this section among applicants for these amounts;
(B) evaluations and ratings, as required under subsections (d), (e), and (i), for each such project that is in project development, engineering, or has received a full funding grant agreement; and
(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(2)
(A) conduct a biennial review that—
(i) assesses—
(I) the processes and procedures for evaluating, rating, and recommending all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94); and
(II) the Secretary's implementation of such processes and procedures;
(ii) includes, with respect to projects that entered into revenue service since the previous biennial review—
(I) a description and analysis of the impacts of the projects on public transportation services and public transportation ridership;
(II) a description and analysis of the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods of, or innovative financing for, the projects; and
(III) an identification of the reasons for any differences between predicted and actual outcomes for the projects; and
(iii) in conducting the review under clause (ii), incorporates information from the plans submitted by applicants under subsection (k)(2)(E)(i); and
(B) report to Congress on the results of such review by May 31 of the applicable year.
(p)
(q)
(1)
(2)
(3)
(A) the net capital costs of the public transportation costs attributable to the project as determined under paragraph (4); and
(B) the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project.
(4)
(A) engineering studies;
(B) studies of economic feasibility;
(C) the expected use of equipment or facilities; and
(D) the public transportation costs attributable to the project.
(5)
(A)
(B)
(r)
(1)
(A) Project name.
(B) Project sponsor.
(C) City or urbanized area and State in which the project will be located.
(D) Project type.
(E) Project mode.
(F) Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable.
(G) Anticipated total project cost.
(H) Anticipated share of project costs to be sought under this section.
(I) Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(J) Date on which the project entered the project development phase.
(K) Date on which the project entered the engineering phase, if applicable.
(L) Date on which a Letter of No Prejudice was requested, and date on which a Letter of No Prejudice was issued or denied, if applicable.
(M) Date of the applicant's most recent project ratings, including date of request for updated ratings, if applicable.
(N) Status of the project sponsor in securing non-Federal matching funds.
(O) Date on which a project grant agreement is anticipated to be executed.
(2)
(3)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104–287, §5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102–240, title III, §3049(a), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3009(a), (c)–(h)(1), (3)(D), (i)–(k), June 9, 1998, 112 Stat. 352–357; Pub. L. 105–206, title IX, §9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106–69, title III, §347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106–346, §101(a) [title III, §380], Oct. 23, 2000, 114 Stat. 1356, 1356A-42; Pub. L. 106–554, §1(a)(4) [div. A, §1101], Dec. 21, 2000, 114 Stat. 2763, 2763A-201; Pub. L. 108–88, §8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108–202, §9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, §7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–280, §7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, §8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109–14, §7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109–37, §7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109–40, §7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title III, §3011(a), Aug. 10, 2005, 119 Stat. 1573; Pub. L. 110–244, title II, §201(d), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §433, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2303, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §303, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §133, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, §303, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, §303, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, §20008(a), div. G, title III, §113003, July 6, 2012, 126 Stat. 656, 984; Pub. L. 114–94, div. A, title III, §3005(a), Dec. 4, 2015, 129 Stat. 1450; Pub. L. 117–58, div. C, §30005(a), Nov. 15, 2021, 135 Stat. 894.)
In subsection (a), before clause (1), the words "in accordance with the provisions of this chapter" are omitted as surplus. The words "and on such terms and conditions as the Secretary may prescribe" and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words "(directly, through the purchase of securities or equipment trust certificates, or otherwise)" and "and agencies thereof" are omitted as surplus. In clause (1), the word "detailed" is omitted as surplus. In clause (2), the words "capital projects" are substituted for "the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service" for clarity and consistency in this section. The words "Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real" are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words "the capital costs of" are added for clarity and consistency in this section. The words "highway and" are omitted as surplus.
In subsection (b)(1), the word "finance" is omitted as surplus.
In subsection (b)(2), the words "for real property acquisition" are omitted as surplus. The words "for an approved project" are added for clarity and consistency. The words "which shall be in lieu of the determination required by subparagraph (A)", "real", and "connection with" are omitted as surplus.
In subsection (b)(3), the word "comprehensive" is omitted as surplus. The words "by the project" are added for clarity. The words "a period of" and "longer" are omitted as surplus.
In subsection (b)(4), the words "a period not exceeding" and "Each agreement shall provide that" are omitted as surplus. The words "shall be made within the 10-year period" are substituted for "shall not be later than 10 years following the fiscal year in which the agreement is made" to eliminate unnecessary words. The words "if any, over the original cost of the real property" are omitted as surplus. The words "deposit in" are substituted for "credit to" for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(5), the word "actual" is omitted as surplus. The words "deposited in" are substituted for "credited to" for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words "grant or loan" are substituted for "assistance" for consistency in the revised section. In clause (1), the words "rail carrier" are substituted for "railroad" for consistency in the revised title and with other titles of the Code.
In subsection (d), before clause (1), the words "Except as provided in subsections (b)(2) and (e) of this section" are added for clarity. In clause (1), the words "through operation or lease or otherwise" are omitted as surplus.
In subsection (e)(2), before clause (A), the word "existing" is added for clarity and consistency.
In subsection (e)(6)(C), the words "Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1915)" are substituted for "the Federal-Aid Highway Act of 1991" because the Federal-Aid Highway Act of 1991 was title I of H.R. 1531, that was not enacted into law but contained predecessor provisions to Part A of title I of H.R. 2950, enacted into law as the Intermodal Surface Transportation Efficiency Act of 1991.
In subsection (f)(1), the words "or entity" are omitted as surplus.
In subsection (f)(2), before clause (A), the words "for a project under subsection (a)(5) of this section" are added for clarity. In clause (B), the words "whether publicly or privately owned" are omitted as surplus.
In subsection (g)(1)(A), the words "The letter shall be regarded as an intention to obligate" are omitted as surplus.
In subsection (g)(1)(D), the words "pursuant to such a letter of intent" are omitted as surplus.
In subsection (g)(2)(A)(i), the words "and conditions" are omitted as being included in "terms".
In subsection (g)(4), the word "issued" is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete.
In subsection (h), the words "nature and extent of" are omitted as surplus. The words "net project cost" are substituted for "what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues—which portion shall hereinafter be called 'net project cost' " because of the definition of "net project cost" in section 5302(a) of the revised title. The words "Except as provided in paragraph (2) of this subsection" are added for clarity. The words "Such remainder may be provided in whole or in part from other than public sources and any public or private", "solely", and "at any time" are omitted as surplus. The words "shall be deemed" are omitted as unnecessary since the text is a statement of a legal conclusion.
In subsection (i), before clause (1), the words "Except for a loan under subsection (b) of this section" are added for clarity. The words "made under this section" and "at a rate" are omitted as surplus. In clause (1), the word "market" is omitted as surplus. In clause (2), the words "under the program" are omitted as surplus.
In subsection (j), the words "loan and interest" are substituted for "principal and accrued interest on the loan then outstanding" to eliminate unnecessary words.
In subsection (m)(1)(B) and (3), the word "existing" is added for clarity and consistency.
In subsection (m)(1), before clause (A), the words "Subject to paragraph (3)" are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (m)(3), before clause (A), the words "Not later than 30 days after April 2, 1987" are omitted as executed. The words "prepare and" are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2089) and clause (D) was not carried forward.
In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired.
In subsection (n)(2), the words "Subject to the provisions of this paragraph", "the Federal share of which the Secretary is authorized to pay under this subsection", and "actually" are omitted as surplus.
Pub. L. 104–287, §5(12)(A)
This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 800).
Pub. L. 104–287, §5(12)(B)
This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.
Pub. L. 104–287, §5(12)(C)
This amends 49:5309(m)(1)(A) to make a conforming amendment.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (d)(1)(A)(i)(II), (B), (2)(A), (e)(1)(A)(i)(II), (B), (2)(A), (h)(2)(A)(i)(II), (B), (6)(B), (i)(2), (k)(3)(A), and (r)(1)(I), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (g)(5)(A), (6), (8), (j), and (l)(7) is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The date of enactment of this subsection, referred to in subsec. (r)(3), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
Codification
Pub. L. 111–322, §2303(4)–(7), which directed amendment of subpars. (B) to (E) of subsec. (m) of this section without specifying the paragraph to be amended, was executed to subpars. (B) to (E) of par. (7) of subsec. (m), to reflect the probable intent of Congress. See 2010 Amendment notes below.
Amendments
2021—Subsec. (a)(6), (7). Pub. L. 117–58, §30005(a)(1), struck out par. (6), which defined "program of interrelated projects", redesignated former par. (7) as (6), and in par. (6), substituted "$150,000,000" for "$100,000,000" in subpar. (A) and "$400,000,000" for "$300,000,000" in subpar. (B).
Subsec. (c)(1)(C). Pub. L. 117–58, §30005(a)(2), added subpar. (C).
Subsec. (e)(2)(A)(iii)(II). Pub. L. 117–58, §30005(a)(3), substituted "the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years" for "the next 5 years".
Subsec. (g)(3)(A). Pub. L. 117–58, §30005(a)(4)(A), substituted "exceed 50 percent" for "exceed—
"(i) $100,000,000; or
"(ii) 50 percent".
Subsec. (g)(7), (8). Pub. L. 117–58, §30005(a)(4)(B), (C), added par. (7) and redesignated former par. (7) as (8).
Subsec. (i). Pub. L. 117–58, §30005(a)(5), added pars. (1) to (4) and struck out former pars. (1) to (8), which related to programs of interrelated projects.
Subsec. (k)(2)(E). Pub. L. 117–58, §30005(a)(6)(A), substituted "Information collection and analysis plan" for "Before and after study" in heading, struck out cl. (i), which set out study requirements, redesignated cl. (ii) as (i) and substituted "Submission of plan" for "Information collection and analysis plan" in cl. heading, redesignated subcl. (II) of cl. (i) as cl. (ii), redesignated items (aa) to (dd) as subcls. (I) to (IV), respectively, substituted "clause (i)" for "subclause (I)" in introductory provisions of cl. (ii), and realigned margins.
Subsec. (k)(5). Pub. L. 117–58, §30005(a)(6)(B), substituted "Not later than 15" for "At least 30".
Subsec. (o)(2). Pub. L. 117–58, §30005(a)(7)(A), (B), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text read as follows: "Not later than the first Monday in August of each year, the Secretary shall submit to the committees described in paragraph (1) a report containing a summary of the results of any studies conducted under subsection (k)(2)(E)."
Subsec. (o)(2)(A). Pub. L. 117–58, §30005(a)(7)(C)(i)(I)–(III), substituted "that" for "of" in introductory provisions, inserted "(i) assesses—", redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, and realigned margins.
Subsec. (o)(2)(A)(i)(I). Pub. L. 117–58, §30005(a)(7)(C)(i)(IV)(aa), substituted "all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–94)" for "new fixed guideway capital projects and core capacity improvement projects".
Subsec. (o)(2)(A)(ii). Pub. L. 117–58, §30005(a)(7)(C)(i)(IV)(bb), (V), added cl. (ii).
Subsec. (o)(2)(B). Pub. L. 117–58, §30005(a)(7)(C)(ii), substituted "the applicable year" for "each year".
Subsec. (o)(3). Pub. L. 117–58, §30005(a)(7)(B), redesignated par. (3) as (2).
Subsec. (r). Pub. L. 117–58, §30005(a)(8), added subsec. (r).
2015—Subsec. (a)(3). Pub. L. 114–94, §3005(a)(1)(A), struck out "and weekend days" after "substantial part of weekdays".
Subsec. (a)(6)(A). Pub. L. 114–94, §3005(a)(1)(B)(i), inserted ", small start projects," after "new fixed guideway capital projects".
Subsec. (a)(6)(B). Pub. L. 114–94, §3005(a)(1)(B)(ii), added subpar. (B) and struck out former subpar. (B), which read as follows: "1 or more new fixed guideway capital projects and 1 or more core capacity improvement projects."
Subsec. (a)(7)(A). Pub. L. 114–94, §3005(a)(1)(C)(i), substituted "$100,000,000" for "$75,000,000".
Subsec. (a)(7)(B). Pub. L. 114–94, §3005(a)(1)(C)(ii), substituted "$300,000,000" for "$250,000,000".
Subsec. (d)(1)(B). Pub. L. 114–94, §3005(a)(2)(A), struck out ", policies and land use patterns that promote public transportation," after "project justification".
Subsec. (d)(2)(A)(iii) to (v). Pub. L. 114–94, §3005(a)(2)(B), inserted "and" after semicolon in cl. (iii), redesignated cl. (v) as (iv), and struck out former cl. (iv), which read as follows: "is supported by policies and land use patterns that promote public transportation, including plans for future land use and rezoning, and economic development around public transportation stations; and".
Subsec. (g)(2)(A)(i). Pub. L. 114–94, §3005(a)(3), struck out "the policies and land use patterns that support public transportation," after "subsection (d)(2)(A)(iii),".
Subsec. (h)(6). Pub. L. 114–94, §3005(a)(4), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (i)(1). Pub. L. 114–94, §3005(a)(5)(A), substituted "subsection (d), (e), or (h)" for "subsection (d) or (e)".
Subsec. (i)(2). Pub. L. 114–94, §3005(a)(5)(B)(i), inserted "new fixed guideway capital project or core capacity improvement" after "federally funded" in introductory provisions.
Subsec. (i)(2)(D). Pub. L. 114–94, §3005(a)(5)(B)(ii), added subpar. (D) and struck out former subpar. (D), which read as follows: "the program of interrelated projects, when evaluated as a whole, meets the requirements of subsection (d)(2) or (e)(2), as applicable;".
Subsec. (i)(2)(F). Pub. L. 114–94, §3005(a)(5)(B)(iii), inserted "or subsection (h)(5), as applicable" after "subsection (f)".
Subsec. (i)(3)(A). Pub. L. 114–94, §3005(a)(5)(C), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "A project receiving a grant under this section that is part of a program of interrelated projects may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that the program of interrelated projects meets the applicable requirements of this section and there is a reasonable likelihood that the program will continue to meet such requirements."
Subsec. (l)(1). Pub. L. 114–94, §3005(a)(6)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a fixed guideway project or small start project shall not exceed 80 percent of the net capital project cost. A grant for a core capacity project shall not exceed 80 percent of the net capital project cost of the incremental cost of increasing the capacity in the corridor."
Subsec. (l)(4). Pub. L. 114–94, §3005(a)(6)(B), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: "The remainder of the net capital project cost shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital."
Subsec. (n). Pub. L. 114–94, §3005(a)(7), added subsec. (n) and struck out former subsec. (n), which related to availability of amounts for a new fixed guideway capital project.
Subsecs. (p), (q). Pub. L. 114–94, §3005(a)(8), added subsecs. (p) and (q).
2012—Pub. L. 112–141, §20008(a), amended section generally. Prior to amendment, section related to capital investment grants and consisted of subsecs. (a) to (m).
Subsec. (m)(2). Pub. L. 112–141, §113003(1)(A), (B), substituted "
Pub. L. 112–140, §§1(c), 303(1)(A), (B), temporarily substituted "
Pub. L. 112–102, §303(1)(A), (B), substituted "
Subsec. (m)(2)(A)(i). Pub. L. 112–141, §113003(1)(C), substituted "2012" for "2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 303(1)(C), temporarily substituted "2011 and $152,000,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(1)(C), substituted "2011 and $150,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(6)(B). Pub. L. 112–141, §113003(2)(A), substituted "2012" for "2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 303(2)(A), temporarily substituted "2011 and $11,400,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(2)(A), substituted "2011 and $11,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(6)(C). Pub. L. 112–141, §113003(2)(B), substituted "through 2012" for "though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 303(2)(B), temporarily substituted "through 2011 and $3,800,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "though 2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(2)(B), substituted "2011 and $3,750,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A). Pub. L. 112–141, §113003(3)(A)(i), in introductory provisions, substituted "2012" for "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," and inserted "each fiscal year" before colon at end.
Pub. L. 112–140, §§1(c), 303(3)(A)(i), temporarily substituted "2011 and $7,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," and "shall be set aside:" for "shall be set aside for:" in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(i), substituted "2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012," in introductory provisions.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–141, §113003(3)(A)(ii), (iii), struck out "for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$2,500,000".
Pub. L. 112–140, §§1(c), 303(3)(a)(ii), (iii), temporarily substituted "$1,900,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(ii), (iii), substituted "for each fiscal year and $1,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A)(iii) to (vi). Pub. L. 112–141, §113003(3)(A)(iv)–(vii), struck out "for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$1,000,000".
Pub. L. 112–140, §§1(c), 303(3)(A)(iv)–(vii), temporarily substituted "$760,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(iv)–(vii), substituted "for each fiscal year and $750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A)(vii). Pub. L. 112–141, §113003(3)(A)(viii), struck out "for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$650,000".
Pub. L. 112–140, §§1(c), 303(3)(A)(viii), temporarily substituted "$494,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(viii), substituted "for each fiscal year and $487,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(A)(viii). Pub. L. 112–141, §113003(3)(A)(ix), struck out "for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," after "$350,000".
Pub. L. 112–140, §§1(c), 303(3)(A)(ix), temporarily substituted "$266,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(A)(ix), substituted "for each fiscal year and $262,500 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(B)(vii). Pub. L. 112–141, §113003(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: "$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 303(3)(B), temporarily added cl. (vii), which set aside $10,260,000 for the period beginning on October 1, 2011, and ending on July 6, 2012, and temporarily struck out former cl. (vii) which read as follows: "$10,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012." See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(B), added cl. (vii) and struck out former cl. (vii) which read as follows: "$6,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012."
Subsec. (m)(7)(C). Pub. L. 112–141, §113003(3)(C), struck out "and during the period beginning on October 1, 2011, and ending on June 30, 2012," after "each fiscal year".
Pub. L. 112–140, §§1(c), 303(3)(C), temporarily substituted "ending on July 6, 2012," for "ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(C), substituted "and during the period beginning on October 1, 2011, and ending on June 30, 2012," for "and during the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(D). Pub. L. 112–141, §113003(3)(D), struck out "and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," after "each fiscal year".
Pub. L. 112–140, §§1(c), 303(3)(D), temporarily substituted "and not less than $26,600,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(D), substituted "and not less than $26,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
Subsec. (m)(7)(E). Pub. L. 112–141, §113003(3)(E), struck out "and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," after "each fiscal year".
Pub. L. 112–140, §§1(c), 303(3)(E), temporarily substituted "and $2,280,000 shall be available for the period beginning on October 1, 2011, and ending on July 6, 2012," for "and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §303(3)(E), substituted "and $2,250,000 shall be available for the period beginning on October 1, 2011, and ending on June 30, 2012," for "and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,".
2011—Subsec. (m)(2). Pub. L. 112–30, §133(1)(A), (B), substituted "
Pub. L. 112–5, §303(1)(A), (B), substituted "
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 "
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 "
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 "
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".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective and Termination Dates of 2012 Amendment
Amendment by section 20008(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113003 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
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.
Expedited Project Delivery for Capital Investment Grants Pilot Program
Pub. L. 114–94, div. A, title III, §3005(b), Dec. 4, 2015, 129 Stat. 1454, as amended by Pub. L. 117–58, div. C, §30005(b), Nov. 15, 2021, 135 Stat. 900, provided that:
"(1)
"(A)
"(B)
"(C)
"(i) means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent; and
"(ii) may include project elements designed to aid the existing fixed guideway system in making substantial progress towards achieving a state of good repair.
"(D)
"(i) including—
"(I) defined stations;
"(II) traffic signal priority for public transportation vehicles;
"(III) short headway bidirectional services for a substantial part of weekdays; and
"(IV) any other features the Secretary may determine support a long-term corridor investment; and
"(ii) the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
"(E)
"(F)
"(i) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
"(ii) that represents a substantial investment in a single route in a defined corridor or subarea; and
"(iii) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
"(I) defined stations;
"(II) traffic signal priority for public transportation vehicles;
"(III) short headway bidirectional services for a substantial part of weekdays and weekend days; and
"(IV) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
"(G)
"(i) a fixed guideway capital project that is a minimum operable segment or extension to an existing fixed guideway system; or
"(ii) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.
"(H)
"(I)
"(i) the Federal assistance provided or to be provided under this subsection is less than $150,000,000; and
"(ii) the total estimated net capital cost is less than $400,000,000.
"(2)
"(A) new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for projects in the advanced stages of planning and design; and
"(B) core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by not less than 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.
"(3)
"(A)
"(i) the eligible project is part of an approved transportation plan required under sections 5303 and 5304 of title 49, United States Code;
"(ii) the applicant has, or will have—
"(I) the legal, financial, and technical capacity to carry out the eligible project, including the safety and security aspects of the eligible project;
"(II) satisfactory continuing control over the use of the equipment or facilities;
"(III) the technical and financial capacity to maintain new and existing equipment and facilities; and
"(IV) advisors providing guidance to the applicant on the terms and structure of the project that are independent from investors in the project;
"(iii) the eligible project is supported, or will be supported, in part, through a public-private partnership, provided such support is determined by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;
"(iv) the eligible project is justified based on findings presented by the project sponsor to the Secretary, including—
"(I) mobility improvements attributable to the project;
"(II) environmental benefits associated with the project;
"(III) congestion relief associated with the project;
"(IV) economic development effects derived as a result of the project; and
"(V) estimated ridership projections;
"(v) the eligible project is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources); and
"(vi) the eligible project will be operated and maintained by employees of an existing provider of fixed guideway or bus rapid transit public transportation in the service area of the project, or if none exists, by employees of an existing public transportation provider in the service area.
"(B)
"(C)
"(i) the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and
"(ii) the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project.
"(D)
"(i)
"(I) each proposed source of capital and operating financing is stable, reliable, and available within the proposed eligible project timetable; and
"(II) resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary, without degradation to the existing level of public transportation services.
"(ii)
"(I) the reliability of the forecasting methods used to estimate costs and revenues made by the applicant and the contractors to the applicant;
"(II) existing grant commitments;
"(III) the degree to which financing sources are dedicated to the proposed eligible project;
"(IV) any debt obligation that exists or is proposed by the applicant, for the proposed eligible project or other public transportation purpose; and
"(V) private contributions to the eligible project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.
"(E)
"(4)
"(A) identification of an eligible project;
"(B) a schedule and finance plan for the construction and operation of the eligible project;
"(C) an analysis of the efficiencies of the proposed eligible project development and delivery methods and innovative financing arrangement for the eligible project, including any documents related to the—
"(i) public-private partnership required under paragraph (3)(A)(iii); and
"(ii) project justification required under paragraph (3)(A)(iv); and
"(D) a certification that the existing public transportation system of the applicant or, in the event that the applicant does not operate a public transportation system, the public transportation system to which the proposed project will be attached, is in a state of good repair.
"(5)
"(A)
"(i) of approval of the grant request; or
"(ii) if the grant request does not meet the requirements under paragraph (4), of disapproval of the grant request, including a detailed explanation of the reasons for the disapproval.
"(B)
"(6)
"(A) the eligible project meets the definition of a core capacity improvement project; and
"(B) the Secretary certifies that the eligible project will allow the applicant to make substantial progress in achieving a state of good repair.
"(7)
"(8)
"(A)
"(i)
"(ii)
"(B)
"(i)
"(ii)
"(iii)
"(I) establish the terms of participation by the Federal Government in the eligible project;
"(II) establish the maximum amount of Federal financial assistance for the eligible project;
"(III) include the period of time for completing construction of the eligible project, consistent with the terms of the public-private partnership agreement, even if that period extends beyond the period of an authorization; and
"(IV) make timely and efficient management of the eligible project easier according to the law of the United States.
"(iv)
"(I)
"(II)
"(III)
"(IV)
"(v)
"(I)
"(II)
"(C)
"(i)
"(ii)
"(D)
"(i)
"(ii)
"(9)
"(A)
"(B)
"(C)
"(D)
"(E)
"(F)
"(10)
"(A)
"(B)
"(11)
"(12)
"(A) require the privatization of the operation or maintenance of any project for which an applicant seeks funding under this subsection;
"(B) revise the determinations by local policies, criteria, and decisionmaking under section 5306(a) of title 49, United States Code;
"(C) alter the requirements for locally developed, coordinated, and implemented transportation plans under sections 5303 and 5304 of title 49, United States Code; or
"(D) alter the eligibilities or priorities for assistance under this subsection or section 5309 of title 49, United States Code."
Development of Implementation Guidance
Pub. L. 113–235, div. K, title I, §167, Dec. 16, 2014, 128 Stat. 2720, provided that: "In developing guidance implementing 49 U.S.C. 5309(i) Program of Interrelated Projects, the Secretary shall consider projects eligible under section 5309(h) Small Starts Projects, including streetcars."
Pilot Program for Expedited Project Delivery
Pub. L. 112–141, div. B, §20008(b), July 6, 2012, 126 Stat. 674, which related to a pilot program for expedited project delivery, was repealed by Pub. L. 114–94, div. A, title III, §3030(a), Dec. 4, 2015, 129 Stat. 1496.
Non-New Starts Share of Public Transportation Element of Interstate Multi-Modal Projects
Pub. L. 111–117, div. A, title I, §173, Dec. 16, 2009, 123 Stat. 3066, provided that the rating under former subsec. (d) of this section of the non-New Starts share of the public transportation element of certain interstate multi-modal projects would be based on the percentage of non-New Starts funds in the unified finance plan.
Transit Tunnels
Pub. L. 110–244, title II, §201(p), June 6, 2008, 122 Stat. 1615, required the Secretary of Transportation to analyze the various benefits of transit tunnels.
Public-Private Partnership Pilot Program
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; Pub. L. 112–102, title III, §307(b)(1), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, §307(b)(1), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, §113007(b)(1), July 6, 2012, 126 Stat. 987, which provided for the establishment and implementation of a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects, was repealed by Pub. L. 112–141, div. B, §20002(c)(2), July 6, 2012, 126 Stat. 622.
Report to Congress on Use of Funds Under Pub. L. 105–178
Pub. L. 105–200, title IV, §403(b), July 16, 1998, 112 Stat. 670, required the Secretary of Transportation to submit a report, no later than 2 years after July 16, 1998, on the use of funds made available under section 3037 of Pub. L. 105–178.
Dollar Value of Mobility Improvements
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, prohibited the consideration of the dollar value of mobility improvements in performing certain duties of the Secretary and required the Comptroller General to study and report on the dollar value of mobility improvements no later than Jan. 1, 2000.
Job Access and Reverse Commute Grants
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.
Encouragement of Adversely Affected Industries To Compete for Contracts
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, encouraged industries adversely affected by reductions in Federal Government spending to compete for contracts under former sections 5309 and 5312 of this title.
§5310. Formula grants for the enhanced mobility of seniors and individuals with disabilities
(a)
(1)
(A) a designated recipient or a State that receives a grant under this section directly; or
(B) a State or local governmental entity that operates a public transportation service.
(2)
(b)
(1)
(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and
(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.
(2)
(A)
(B)
(i) a private nonprofit organization; or
(ii) a State or local governmental authority that—
(I) is approved by a State to coordinate services for seniors and individuals with disabilities; or
(II) certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A).
(3)
(4)
(5)
(A)
(B)
(i) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(ii) participate in the planning for the transportation services described in clause (i).
(6)
(A)
(B)
(C)
(7)
(c)
(1)
(A)
(i) the number of seniors and individuals with disabilities in each such urbanized area; bears to
(ii) the number of seniors and individuals with disabilities in all such urbanized areas.
(B)
(i) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to
(ii) the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States.
(C)
(i) the number of seniors and individuals with disabilities in rural areas in each State; bears to
(ii) the number of seniors and individuals with disabilities in rural areas in all States.
(2)
(A)
(i) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census;
(ii) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and
(iii) funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas.
(B)
(i) for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or
(ii) for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section.
(C)
(D)
(d)
(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 or otherwise made available—
(i) to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or
(ii) to carry out the Federal lands highways program under section 204 1 of title 23.
(4)
(e)
(1)
(2)
(A)
(i) the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan;
(ii) the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and
(iii) to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services.
(B)
(f)
(1)
(2)
(3)
(g)
(1) the recipient in possession of the facility or equipment consents to the transfer; and
(2) the facility or equipment will continue to be used as required under this section.
(h)
(1)
(2)
(A) modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities;
(B) ridership;
(C) accessibility improvements; and
(D) other measures, as the Secretary determines is appropriate.
(i)
(1) innovative practices;
(2) program models;
(3) new service delivery options;
(4) findings from activities under subsection (h); and
(5) transit cooperative research program reports.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105–178, title III, §3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589; Pub. L. 112–141, div. B, §20009, July 6, 2012, 126 Stat. 675; Pub. L. 114–94, div. A, title III, §3006(a), Dec. 4, 2015, 129 Stat. 1462.)
| 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.
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(1)(B), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Section 204 of title 23, referred to in subsec. (d)(3)(B)(ii), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (h)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments
2015—Subsec. (a)(1). Pub. L. 114–94, §3006(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The term 'recipient' means a designated recipient or a State that receives a grant under this section directly."
Subsec. (i). Pub. L. 114–94, §3006(a)(2), added subsec. (i).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to formula grants for special needs of elderly individuals and individuals with disabilities.
2005—Pub. L. 109–59, §3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities.
Subsec. (h). Pub. L. 109–59, §3002(b)(2), substituted "Public" for "Mass".
1998—Pub. L. 105–178 substituted "Formula grants" for "Grants" in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Pilot Program for Innovative Coordinated Access and Mobility
Pub. L. 114–94, div. A, title III, §3006(b), Dec. 4, 2015, 129 Stat. 1462, provided that:
"(1)
"(A) the term 'eligible project' has the meaning given the term 'capital project' in section 5302 of title 49, United States Code; and
"(B) the term 'eligible recipient' means a recipient or subrecipient, as those terms are defined in section 5310 of title 49, United States Code.
"(2)
"(A) the deployment of coordination technology;
"(B) projects that create or increase access to community One-Call/One-Click Centers; and
"(C) such other projects as determined appropriate by the Secretary.
"(3)
"(A) a detailed description of the eligible project;
"(B) an identification of all eligible project partners and their specific role in the eligible project, including—
"(i) private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or
"(ii) nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged;
"(C) a description of how the eligible project would—
"(i) improve local coordination or access to coordinated transportation services;
"(ii) reduce duplication of service, if applicable; and
"(iii) provide innovative solutions in the State or community; and
"(D) specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes.
"(4)
"(5)
"(A)
"(B)
"(6)
Elderly Individuals and Individuals With Disabilities Pilot Program
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; Pub. L. 112–102, title III, §307(c), Mar. 30, 2012, 126 Stat. 280; Pub. L. 112–140, title III, §307(c), June 29, 2012, 126 Stat. 401; Pub. L. 112–141, div. G, title III, §113007(c), July 6, 2012, 126 Stat. 987, which established a pilot program for certain States to carry out projects for public transportation of elderly individuals and individuals with disabilities, was repealed by Pub. L. 112–141, div. B, §20002(c)(3), July 6, 2012, 126 Stat. 622.
Over-the-Road Bus Accessibility Program
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, which provided for grants to over-the-road bus operators to finance costs associated with bus accessibility for persons with disabilities, was repealed by Pub. L. 112–141, div. B, §20002(b), July 6, 2012, 126 Stat. 622.
1 See References in Text note below.
§5311. Formula grants for rural areas
(a)
(1)
(2)
(b)
(1)
(A) planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State;
(B) public transportation capital projects;
(C) operating costs of equipment and facilities for use in public transportation;
(D) job access and reverse commute projects; and
(E) the acquisition of public transportation services, including service agreements with private providers of public transportation service.
(2)
(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) vehicle revenue miles; and
(G) ridership.
(c)
(1)
(A) an amount equal to 5 percent shall be available to carry out paragraph (2); and
(B) 3 percent shall be available to carry out paragraph (3).
(2)
(A) 20 percent shall be distributed by the Secretary on a competitive basis; and
(B) 80 percent shall be apportioned as formula grants as provided in subsection (j).
(3)
(A)
(i) the term "Appalachian region" has the same meaning as in section 14102 of title 40; and
(ii) the term "eligible recipient" means a State that participates in a program established under subtitle IV of title 40.
(B)
(C)
(D)
(i) that use is approved, in writing, by the eligible recipient after appropriate notice and an opportunity for comment and appeal are provided to affected public transportation providers; and
(ii) the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed.
(4)
(A)
(B)
(i)
(ii)
(I)
(II)
(iii)
(C)
(i)
(ii)
(iii)
(iv)
(v)
(I) more than 5 percent of the amount apportioned under clause (ii); or
(II) more than 5 percent of the amount apportioned under clause (iii).
(d)
(e)
(f)
(1)
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus facilities;
(C) joint-use facilities;
(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small public transportation operations and intercity bus carriers.
(2)
(g)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A) may be provided in cash from non-Government sources;
(B) may be provided from revenues from the sale of advertising and concessions;
(C) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(D) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation;
(E) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 1 of title 23; and
(F) in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service, including all operating and capital costs of such service whether or not offset by revenue from such service, as an in-kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match.
(4)
(5)
(h)
(i)
(1)
(2)
(j)
(1)
(A)
(i) 50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary;
(ii) 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and
(iii) 25 percent of the total amount shall be apportioned among each Indian tribe providing public transportation on tribal lands (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as determined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of low-income individuals residing on an Indian tribe's lands divided by the total number of low-income individuals on tribal lands on which more than 1,000 low-income individuals reside.
(B)
(C)
(D)
(E)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 809; Pub. L. 105–178, title III, §3014(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3013(a)–(h), Aug. 10, 2005, 119 Stat. 1545, 1593-1596; Pub. L. 110–244, title II, §201(e), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §434, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, §2304, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §304, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §134, Sept. 16, 2011, 125 Stat. 351; Pub. L. 112–102, title III, §304, Mar. 30, 2012, 126 Stat. 277; Pub. L. 112–140, title III, §304, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, §20010, div. G, title III, §113004, July 6, 2012, 126 Stat. 680, 985; Pub. L. 113–159, title I, §1201, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, §1201, May 29, 2015, 129 Stat. 222; Pub. L. 114–41, title I, §1201, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, §1201, Oct. 29, 2015, 129 Stat. 572; Pub. L. 114–87, title I, §1201, Nov. 20, 2015, 129 Stat. 681; Pub. L. 114–94, div. A, title III, §3007, Dec. 4, 2015, 129 Stat. 1464; Pub. L. 117–58, div. C, §30006, Nov. 15, 2021, 135 Stat. 900.)
| 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.
Editorial Notes
References in Text
Section 204 of title 23, referred to in subsec. (g)(3)(E), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, §1119(a), July 6, 2012, 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
Amendments
2021—Subsec. (c). Pub. L. 117–58, §30006(1), added pars. (1) and (2), struck out former par. (1) which related to public transportation on Indian reservations, and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (j)(1)(A). Pub. L. 117–58, §30006(2), substituted "subsection (c)(2)(B)" for "subsection (c)(1)(B)" in introductory provisions.
2015—Subsec. (b)(3)(B). Pub. L. 114–94, §3007(b)(1), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)".
Subsec. (c)(1). Pub. L. 114–94, §3007(b)(2)(A), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)" in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 114–94, §3007(a)(1), added subpar. (A) and struck out former subpar. (A), which read as follows: "$5,000,000 for each fiscal year ending before October 1, 2015, and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be distributed on a competitive basis by the Secretary."
Pub. L. 114–87, §1201(1), substituted "and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1201(1), substituted "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1201(1), substituted "for each fiscal year ending before October 1, 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each fiscal year ending before October 1, 2014, and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1201(1), substituted "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (c)(1)(B). Pub. L. 114–94, §3007(a)(1), added subpar. (B) and struck out former subpar. (B), which read as follows: "$25,000,000 for each fiscal year ending before October 1, 2015, and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be apportioned as formula grants, as provided in subsection (j)."
Pub. L. 114–87, §1201(2), substituted "and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1201(2), substituted "and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1201(2), substituted "for each fiscal year ending before October 1, 2015, and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each fiscal year ending before October 1, 2014, and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1201(2), substituted "and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (c)(2)(C). Pub. L. 114–94, §3007(b)(2)(B), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)".
Subsec. (c)(3)(A). Pub. L. 114–94, §3007(b)(2)(C), substituted "5338(a)(2)(F)" for "5338(a)(2)(E)".
Subsec. (g)(3). Pub. L. 114–94, §3007(a)(2), added subpars. (A) and (B), redesignated former subpars. (A) to (D) as (C) to (F), respectively, and in subpar. (F), inserted ", including all operating and capital costs of such service whether or not offset by revenue from such service," after "the costs of a private operator for the unsubsidized segment of intercity bus service".
Subsec. (j)(1)(A)(iii). Pub. L. 114–94, §3007(a)(3)(A), substituted "(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)" for "(as defined by the Bureau of the Census)".
Subsec. (j)(1)(E). Pub. L. 114–94, §3007(a)(3)(B), added subpar. (E).
2014—Subsec. (c)(1)(A). Pub. L. 113–159, §1201(1), inserted "for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be distributed".
Subsec. (c)(1)(B). Pub. L. 113–159, §1201(2), inserted "for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be apportioned".
2012—Pub. L. 112–141, §20010, amended section generally. Prior to amendment, section related to formula grants for other than urbanized areas.
Subsec. (c)(1)(G). Pub. L. 112–141, §113004, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "$11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 304, temporarily amended subpar. (G) generally, apportioning $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: "$7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012."
2011—Subsec. (c)(1)(F). Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: "$6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011."
Subsec. (c)(1)(G). Pub. L. 112–30 added subpar. (G).
2010—Subsec. (c)(1)(E). Pub. L. 111–147 added subpar. (E).
Subsec. (c)(1)(F). Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "$3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010."
Pub. L. 111–147 added subpar. (F).
2008—Subsec. (g)(1)(A). Pub. L. 110–244, §201(e)(1), (2), substituted "for a capital project or project administrative expenses" for "for any purpose other than operating assistance" and struck out "capital" after "net".
Subsec. (g)(1)(B). Pub. L. 110–244, §201(e)(2), struck out "capital" after "net".
Subsec. (i)(1). Pub. L. 110–244, §201(e)(3), substituted "Section 5333(b) applies" for "Sections 5323(a)(1)(D) and 5333(b) of this title apply".
2005—Subsec. (a). Pub. L. 109–59, §3013(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "In this section, 'recipient' includes a State authority, a local governmental authority, a nonprofit organization, and an operator of mass transportation service."
Subsec. (b). Pub. L. 109–59, §3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows:
"(1) The Secretary of Transportation may make grants for transportation projects that are included in a State program of mass transportation service projects (including service agreements with private providers of mass transportation service) for areas other than urbanized areas. The program shall be submitted annually to the Secretary. The Secretary may approve the program only if the Secretary finds that the program provides a fair distribution of amounts in the State, including Indian reservations, and the maximum feasible coordination of mass transportation service assisted under this section with transportation service assisted by other United States Government sources.
"(2) The Secretary of Transportation shall carry out a rural transportation assistance program in nonurbanized areas. In carrying out this paragraph, the Secretary may make grants and contracts for transportation research, technical assistance, training, and related support services in nonurbanized areas."
Subsec. (c). Pub. L. 109–59, §3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "The Secretary of Transportation shall apportion amounts made available under section 5338(a) of this title so that the chief executive officer of each State receives an amount equal to the total amount apportioned multiplied by a ratio equal to the population of areas other than urbanized areas in a State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent of the following: the latest Government census, the population estimate the Secretary of Commerce prepares after the 4th year after the date the latest census is published, or the population estimate the Secretary of Commerce prepares after the 8th year after the date the latest census is published. The amount may be obligated by the chief executive officer for 2 years after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reapportioned among the States for the next fiscal year."
Subsec. (e). Pub. L. 109–59, §3013(d), inserted ", Planning," after "Administration" in heading and in text struck out "(1)" before "The Secretary", substituted "subrecipient" for "recipient", and struck out par. (2) which read as follows: "Except as provided in this section, a State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses."
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (f)(1). Pub. L. 109–59, §3013(e)(1), inserted heading, struck out "after September 30, 1993," after "in each fiscal year" in introductory provisions and realigned margins of subpars. (A) to (D).
Subsec. (f)(1)(E). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (f)(2). Pub. L. 109–59, §3013(e)(2), inserted heading and substituted "Secretary, after consultation with affected intercity bus service providers," for "Secretary of Transportation".
Subsec. (g). Pub. L. 109–59, §3013(f), substituted "Government" for "Government's" in heading and amended text generally. Prior to amendment, text read as follows:
"(1) In this subsection, 'amounts of the Government or revenues' do not include amounts received under a service agreement with a State or local social service agency or a private social service organization.
"(2) A grant of the Government for a capital project under this section may not be more than 80 percent of the net cost of the project, as determined by the Secretary of Transportation. A grant to pay a subsidy for operating expenses may not be more than 50 percent of the net cost of the operating expense project. At least 50 percent of the remainder shall be provided in cash from sources other than amounts of the Government or revenues from providing mass transportation. Transit system amounts that make up the remainder shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital."
Subsec. (h). Pub. L. 109–59, §3013(g), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: "An amount made available under this section may be used for operating assistance."
Subsec. (i). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 109–59, §3013(h), which directed amendment of subsec. (j)(1) by substituting "if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees" for "but the Secretary of Labor may waive the application of section 5333(b)", was executed by making the substitution in subsec. (i)(1) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (i) by Pub. L. 109–59, §3013(g)(2). See above.
Subsec. (j). Pub. L. 109–59, §3013(g)(2), redesignated subsec. (j) as (i).
1998—Pub. L. 105–178, §3014(a)(1), substituted "Formula grants" for "Financial assistance" in section catchline.
Subsec. (f)(1). Pub. L. 105–178, §3014(a)(2), struck out "10 percent of the amount made available in the fiscal year ending September 30, 1993, and" before "15 percent of the amount" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective and Termination Dates of 2012 Amendment
Amendment by section 20010 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out a note under section 101 of Title 23, Highways.
Amendment by section 113004 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
1 See References in Text note below.
§5312. Public transportation innovation
(a)
(b)
(1)
(2)
(A) departments, agencies, and instrumentalities of the Government, including Federal laboratories;
(B) State and local governmental entities;
(C) providers of public transportation;
(D) private or non-profit organizations;
(E) institutions of higher education; and
(F) technical and community colleges.
(3)
(A)
(B)
(i) a statement of purpose detailing the need being addressed;
(ii) the short- and long-term goals of the project, including opportunities for future innovation and development, the potential for deployment, and benefits to riders and public transportation; and
(iii) the short- and long-term funding requirements to complete the project and any future objectives of the project.
(4)
(A)
(B)
(i) accelerated adoption of advanced digital systems applied throughout the lifecycle of transportation infrastructure (including through the planning, design and engineering, construction, operations, and maintenance phases) that—
(I) maximize interoperability with other systems, products, tools, or applications;
(II) boost productivity;
(III) manage complexity;
(IV) reduce project delays and cost overruns;
(V) enhance safety and quality; and
(VI) reduce total costs for the entire lifecycle of transportation infrastructure assets;
(ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists;
(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision;
(iv) the development and deployment of best practices for use in digital construction management;
(v) increased technology adoption and deployment by States, local governmental authorities, and designated recipients that enables project sponsors—
(I) to integrate the adoption of digital management systems and technologies in contracts; and
(II) to weigh the cost of digitization and technology in setting project budgets;
(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States, local governmental authorities, or designated recipients—
(I) to better manage projects using advanced construction management technologies; and
(II) to properly measure and reward technology adoption across projects;
(vii) development of guidance to assist States, local governmental authorities, and designated recipients in updating regulations to allow project sponsors and contractors—
(I) to report data relating to the project in digital formats; and
(II) to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies;
(viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and
(ix) enhanced worker and pedestrian safety resulting from increased transparency.
(C)
(c)
(1)
(2)
(A) providing more effective and efficient public transportation service, including services to—
(i) seniors;
(ii) individuals with disabilities; and
(iii) low-income individuals;
(B) mobility management and improvements and travel management systems;
(C) data and communication system advancements;
(D) system capacity, including—
(i) train control;
(ii) capacity improvements; and
(iii) performance management;
(E) capital and operating efficiencies;
(F) planning and forecasting modeling and simulation;
(G) advanced vehicle design;
(H) advancements in vehicle technology;
(I) asset maintenance and repair systems advancement;
(J) construction and project management;
(K) alternative fuels;
(L) the environment and energy efficiency;
(M) safety improvements; or
(N) any other area that the Secretary determines is important to advance the interests of public transportation.
(d)
(1)
(2)
(A) the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful;
(B) planning and forecasting modeling and simulation;
(C) capital and operating efficiencies;
(D) advanced vehicle design;
(E) advancements in vehicle technology;
(F) the environment and energy efficiency;
(G) system capacity, including train control and capacity improvements; or
(H) any other area that the Secretary determines is important to advance the interests of public transportation.
(e)
(1)
(2)
(A) an entity described in subsection (b)(2); or
(B) a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and demonstration of innovation.
(3)
(A) the deployment of research and technology development resulting from private efforts or Federally funded efforts;
(B) the implementation of research and technology development to advance the interests of public transportation; or
(C) the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology.
(4)
(5)
(6)
(A) the term "direct carbon emissions" means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
(B) the term "low or no emission vehicle" means—
(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
(ii) a zero emission vehicle used to provide public transportation; and
(C) the term "zero emission vehicle" means a low or no emission vehicle that produces no carbon or particulate matter.
(f)
(1)
(A) a description of each project that received assistance under this section during the preceding fiscal year;
(B) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and
(C) a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subsequent fiscal year, including anticipated work areas, proposed demonstrations and strategic partnership opportunities;
(2)
(3)
(g)
(1)
(2)
(3)
(h)
(1)
(A) the term "covered institution of higher education" means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A);
(B) the terms "direct carbon emissions" and "low or no emission vehicle" have the meanings given those terms in subsection (e)(6);
(C) the term "institution of higher education" has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
(D) the term "low or no emission vehicle component" means an item that is separately installed in and removable from a low or no emission vehicle.
(2)
(A)
(i) to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and
(ii) to conduct directed technology research.
(B)
(i)
(ii)
(I) capacity to carry out transportation-related advanced component and vehicle evaluation;
(II) laboratories capable of testing and evaluation; and
(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle.
(C)
(D)
(i) the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and
(ii) the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C).
(E)
(F)
(G)
(H)
(i) acquisition of equipment and capital projects related to testing low or no emission vehicle components; or
(ii) research related to advanced vehicle technologies that provides advancements to the entire public transportation industry.
(I)
(3)
(4)
(5)
(A) a low or no emission vehicle component to be tested at a facility selected under paragraph (2)(A); or
(B) the development or disclosure of a privately funded component assessment.
(i)
(1)
(2)
(A)
(B)
(3)
(4)
(5)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105–178, title III, §3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109–59, title III, §§3002(b)(4), 3014(a)–(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597; Pub. L. 110–244, title II, §201(f), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, §20011, July 6, 2012, 126 Stat. 686; Pub. L. 114–94, div. A, title III, §3008(a), (b), Dec. 4, 2015, 129 Stat. 1465, 1468; Pub. L. 117–58, div. C, §30007(a), (c), Nov. 15, 2021, 135 Stat. 900, 902.)
| 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.
Editorial Notes
References in Text
The date of enactment of the Federal Public Transportation Act of 2015, referred to in subsec. (h)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
Amendments
2021—Subsec. (b)(4). Pub. L. 117–58, §30007(c), added par. (4).
Subsecs. (f), (g). Pub. L. 117–58, §30007(a)(1), added subsec. (f) and struck out subsec. (g) relating to annual reports on research.
Subsec. (g)(1). Pub. L. 117–58, §30007(a)(2), substituted ", except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share." for period at end.
Subsec. (h)(2)(A). Pub. L. 117–58, §30007(a)(3)(A)(i), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "The Secretary shall competitively select at least one facility to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles."
Subsec. (h)(2)(B). Pub. L. 117–58, §30007(a)(3)(A)(ii), added subpar. (B) and struck out former subpar. (B), which related to operation and maintenance of facilities to conduct testing, evaluation, and analysis of low or no emission vehicle components.
Subsec. (h)(2)(H), (I). Pub. L. 117–58, §30007(a)(3)(A)(iii), added subpars. (H) and (I).
Subsec. (h)(3). Pub. L. 117–58, §30007(a)(3)(B), inserted ", as applicable" before period at end.
2015—Pub. L. 114–94, §3008(a)(1), substituted "Public transportation innovation" for "Research, development, demonstration, and deployment projects" in section catchline.
Subsecs. (a), (b). Pub. L. 114–94, §3008(a)(2), (3), added subsec. (a) and redesignated former subsec. (a) as (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 114–94, §3008(a)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(1). Pub. L. 114–94, §3008(b)(1), substituted "subsection (b)(2)" for "subsection (a)(2)".
Subsec. (d). Pub. L. 114–94, §3008(a)(2), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 114–94, §3008(b)(2)(A), substituted "subsection (b)(2)" for "subsection (a)(2)".
Subsec. (d)(2)(A). Pub. L. 114–94, §3008(b)(2)(B), substituted "subsection (c)" for "subsection (b)".
Subsec. (e). Pub. L. 114–94, §3008(a)(2), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(2). Pub. L. 114–94, §3008(b)(3), substituted "subsection (b)(2)" for "subsection (a)(2)" in subpars. (A) and (B).
Subsec. (e)(3). Pub. L. 114–94, §3008(a)(4)(A)(i), inserted "demonstration, deployment, or evaluation" before "project that" in introductory provisions.
Subsec. (e)(3)(C). Pub. L. 114–94, §3008(a)(4)(A)(ii)–(iv), added subpar. (C).
Subsec. (e)(5), (6). Pub. L. 114–94, §3008(a)(4)(B), added pars. (5) and (6) and struck out former par. (5), which related to low or no emission vehicle deployment.
Subsec. (f). Pub. L. 114–94, §3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g).
Pub. L. 114–94, §3008(a)(2), redesignated subsec. (e) relating to annual report on research as (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 114–94, §3008(a)(6)(A), redesignated subsec. (f) relating to annual report on research as (g), inserted heading and introductory provisions, and struck out former heading and introductory provisions. Prior to amendment, text read as follows: "Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes—".
Pub. L. 114–94, §3008(a)(2), redesignated subsec. (f) relating to government share of costs as (g).
Subsec. (g)(1). Pub. L. 114–94, §3008(a)(6)(B), struck out "and" at end.
Subsec. (g)(2). Pub. L. 114–94, §3008(b)(4), which directed substitution of "subsection (e)(4)" for "subsection (d)(4)" in subsec. (f)(2), was executed to par. (2) of subsec. (g) relating to annual report on research, to reflect the probable intent of Congress.
Pub. L. 114–94, §3008(a)(6)(C), substituted a period for "; and".
Subsec. (g)(3). Pub. L. 114–94, §3008(a)(6)(D), struck out par. (3) which read as follows: "a proposal for allocations of amounts for assistance under this section for the subsequent fiscal year."
Subsec. (h). Pub. L. 114–94, §3008(a)(5), added subsec. (h).
Subsec. (i). Pub. L. 114–94, §3008(a)(7), added subsec. (i).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to research, development, demonstration, and deployment projects and consisted of subsecs. (a) to (c).
2008—Subsec. (c). Pub. L. 110–244 substituted "Public Transportation" for "Mass Transportation" in heading.
2005—Pub. L. 109–59, §3014(e)(1), substituted "deployment" for "training" in section catchline.
Subsec. (a). Pub. L. 109–59, §3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transportation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Secretary under another law."
Subsec. (b). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training.
Subsec. (c). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental authorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation.
Subsec. (c)(2). Pub. L. 109–59, §3014(c), substituted "public or private" for "public and private".
Subsec. (c)(3). Pub. L. 109–59, §3014(d), struck out "shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and" after "Such revenues".
Subsec. (d). Pub. L. 109–59, §3014(b), redesignated subsec. (d) as (b).
Subsec. (d)(1)(A), (2). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (e). Pub. L. 109–59, §3014(b), redesignated subsec. (e) as (c).
Subsec. (e)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
1998—Subsecs. (d), (e). Pub. L. 105–178 added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Low or No Emission Vehicle Component Assessment
Pub. L. 117–58, div. C, §30007(b), Nov. 15, 2021, 135 Stat. 902, provided that:
"(1)
"(2)
[§5313. Repealed. Pub. L. 114–94, div. A, title III, §3030(b), Dec. 4, 2015, 129 Stat. 1496]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109–59, title III, §§3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597; Pub. L. 112–141, div. B, §20030(b), July 6, 2012, 126 Stat. 730, related to transit cooperative research program.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§5314. Technical assistance and workforce development
(a)
(1)
(A)
(i) more effectively and efficiently provide public transportation service;
(ii) administer funds received under this chapter in compliance with Federal law; and
(iii) improve public transportation.
(B)
(i) technical assistance; and
(ii) the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics.
(2)
(A) comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act;
(B) comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements;
(C) meet the transportation needs of elderly individuals;
(D) increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations;
(E) address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals;
(F) facilitate best practices to promote bus driver safety;
(G) meet the requirements of sections 5323(j) and 5323(m);
(H) assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and
(I) any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation.
(3)
(A) a description of each project that received assistance under this subsection during the preceding fiscal year;
(B) an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year;
(C) a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and
(D) measurable outcomes and impacts of the programs funded under subsections (b) and (c).
(4)
(A)
(B)
(b)
(1)
(A) an employment training program;
(B) an outreach program to increase employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities;
(C) research on public transportation personnel and training needs;
(D) training and assistance for veteran and minority business opportunities; and
(E) consensus-based national training standards and certifications in partnership with industry stakeholders.
(2)
(A)
(B)
(i) develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations;
(ii) build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps;
(iii) improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and
(iv) address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations.
(C)
(i) are geographically diverse;
(ii) address the workforce and human resources needs of large public transportation providers;
(iii) address the workforce and human resources needs of small public transportation providers;
(iv) address the workforce and human resources needs of urban public transportation providers;
(v) address the workforce and human resources needs of rural public transportation providers;
(vi) advance training related to maintenance of low or no emission vehicles and facilities used in public transportation;
(vii) target areas with high rates of unemployment;
(viii) advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and
(ix) address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(D)
(i) the impact on reducing public transportation workforce shortages in the area served;
(ii) the diversity of training participants;
(iii) the number of participants obtaining certifications or credentials required for specific types of employment;
(iv) employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
(v) to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program.
(E)
(3)
(4)
(c)
(1)
(2)
(A)
(B)
(i) intermodal and public transportation planning;
(ii) management;
(iii) environmental factors;
(iv) acquisition and joint use rights-of-way;
(v) engineering and architectural design;
(vi) procurement strategies for public transportation systems;
(vii) turnkey approaches to delivering public transportation systems;
(viii) new technologies;
(ix) emission reduction technologies;
(x) ways to make public transportation accessible to individuals with disabilities;
(xi) construction, construction management, insurance, and risk management;
(xii) maintenance;
(xiii) contract administration;
(xiv) inspection;
(xv) innovative finance;
(xvi) workplace safety; and
(xvii) public transportation security.
(3)
(A) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or
(B) when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.
(4)
(A)
(B)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105–178, title III, §§3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599; Pub. L. 110–244, title II, §201(g), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, §20012, July 6, 2012, 126 Stat. 690; Pub. L. 114–94, div. A, title III, §3009(a), Dec. 4, 2015, 129 Stat. 1469.)
| 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.
Editorial Notes
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2)(A), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (b)(2)(D)(iv), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§3101 et seq.) of Title 29, Labor, repealed chapter 30 (§2801 et seq.) of Title 29 and chapter 73 (§9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
Amendments
2015—Pub. L. 114–94 amended section generally, substituting provisions relating to technical assistance and workforce development for provisions relating to technical assistance and standards development.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national research programs.
2008—Subsec. (a)(3). Pub. L. 110–244, which directed substitution of "section 5333(b)" for "section 5323(a)(1)(D)" in subsec. (a)(3) of section 5314, without specifying the Code title to be amended, was executed by making the substitution in subsec. (a)(3) of this section, to reflect the probable intent of Congress.
2005—Pub. L. 109–59, §3016(a)(1), struck out "planning and" before "research" in section catchline.
Subsec. (a)(1). Pub. L. 109–59, §3016(a)(2), substituted "section 5338(d)" for "subsections (d) and (h)(7) of section 5338 of this title" and ", contracts, cooperative agreements, or other agreements" for "and contracts" and struck out "5303–5306," before "5312," and "5317," before "and 5322".
Subsec. (a)(2). Pub. L. 109–59, §3016(a)(3), substituted "The Secretary shall" for "Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation-related" for "mass transportation-related" and "public transportation" for "mass transportation".
Subsec. (a)(4)(A). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(4)(B), (C). Pub. L. 109–59, §3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of the Panel members shall represent the supply industry. The Panel shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution."
Subsec. (a)(6). Pub. L. 109–59, §3016(a)(6), added par. (6).
Subsec. (b). Pub. L. 109–59, §3016(a)(7), substituted ", contract, cooperative agreement, or other agreement under subsection (a) or section 5312," for "or contract financed under subsection (a) of this section,".
Subsec. (c). Pub. L. 109–59, §3016(b), added subsec. (c).
1998—Subsec. (a)(1). Pub. L. 105–178, §3029(b)(6), substituted "subsections (d) and (h)(7) of section 5338" for "section 5338(g)(4)".
Subsec. (a)(2). Pub. L. 105–178, §3016, substituted "$3,000,000" for "$2,000,000".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5315. Private sector participation
(a)
(1) better coordinate public and private sector-provided public transportation services;
(2) promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and
(3) promote transparency and public understanding of public-private partnerships affecting public transportation.
(b)
(1) provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and
(2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.
(c)
(1) identify best practices for public-private partnerships models in the United States and in other countries;
(2) develop standard public-private partnership transaction model contracts; and
(3) perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.
(d)
(1) the eligibilities, requirements, or priorities for assistance provided under this chapter; or
(2) the requirements of section 5306(a).
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104–287, §5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105–206, title IX, §9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 109–59, title III, §3017, Aug. 10, 2005, 119 Stat. 1600; Pub. L. 112–141, div. B, §20013(a), July 6, 2012, 126 Stat. 692; Pub. L. 114–94, div. A, title III, §3010(a), Dec. 4, 2015, 129 Stat. 1474.)
| 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.
Pub. L. 104–287
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
Editorial Notes
Amendments
2015—Subsec. (d). Pub. L. 114–94 added subsec. (d).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national transit institute.
2005—Subsecs. (a), (b). Pub. L. 109–59, §3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b).
Subsec. (d). Pub. L. 109–59, §3017(b), struck out "mass" after "public" in two places.
1998—Pub. L. 105–178, §3017(a)(1), as amended by Pub. L. 105–206 substituted "transit" for "mass transportation" in section catchline.
Subsec. (a). Pub. L. 105–178, §3017(a)(2)(A), as amended by Pub. L. 105–206 substituted "national transit institute" for "national mass transportation institute" in introductory provisions.
Subsec. (a)(5). Pub. L. 105–178, §3017(a)(2)(B), as amended by Pub. L. 105–206 inserted "and architectural design" before semicolon at end.
Subsec. (a)(7). Pub. L. 105–178, §3017(a)(2)(C), as amended by Pub. L. 105–206 substituted "delivering" for "carrying out".
Subsec. (a)(11). Pub. L. 105–178, §3017(a)(2)(D), as amended by Pub. L. 105–206 inserted ", construction management, insurance, and risk management" before semicolon at end.
Subsec. (a)(15), (16). Pub. L. 105–178, §3017(a)(2)(E)–(G), as amended by Pub. L. 105–206 added pars. (15) and (16).
1996—Subsec. (d). Pub. L. 104–287 substituted "sections 5307 and 5309" for "sections 5304 and 5306".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
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.
Public-Private Partnership Procedures and Approaches
Pub. L. 112–141, div. B, §20013(b), July 6, 2012, 126 Stat. 692, provided that:
"(1)
"(A) except as provided in paragraph (6), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in public transportation capital projects; and
"(B) develop and implement on a project basis procedures and approaches that—
"(i) address such impediments in a manner similar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as 'SEP-15'); and
"(ii) protect the public interest and any public investment in public transportation capital projects that involve public-private partnerships or private investment in public transportation capital projects.
"(2)
"(A) any conflict of interest involving any party involved in the public-private partnership;
"(B) tax and financing aspects related to a public-private partnership agreement;
"(C) changes in the workforce and wages, benefits, or rules as a result of a public-private partnership;
"(D) estimates of the revenue or savings the public-private partnership will produce for the private entity and public entity;
"(E) any impacts on other developments and transportation modes as a result of non-compete clauses contained in public-private partnership agreements; and
"(F) any other issues the Secretary believes will increase transparency of public-private partnership agreements and protect the public interest.
"(3)
"(4)
"(5)
"(6)
"(A) section 5333 of title 49, United States Code;
"(B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
"(C) any other provision of Federal law."
[§§5316, 5317. Repealed. Pub. L. 112–141, div. B, §20002(a), July 6, 2012, 126 Stat. 622]
Section 5316, added Pub. L. 109–59, title III, §3018(a), Aug. 10, 2005, 119 Stat. 1601, related to job access and reverse commute formula grants.
A prior section 5316, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104–59, title III, §338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
Section 5317, added Pub. L. 109–59, title III, §3019(a), Aug. 10, 2005, 119 Stat. 1605, related to the New Freedom grant program to assist individuals with disabilities with public transportation.
A prior section 5317, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104–287, §5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105–178, title V, §5110(c), June 9, 1998, 112 Stat. 444.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5318. Bus testing facility
(a)
(b)
(c)
(d)
(e)
(1)
(A) a bus of that model has been tested at a facility authorized under subsection (a); and
(B) the bus tested under subparagraph (A) met—
(i) performance standards for maintainability, reliability, performance (including braking performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and
(ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b).
(2)
(f)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103–429, §6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title III, §§3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109–59, title III, §§3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608; Pub. L. 112–141, div. B, §20014, July 6, 2012, 126 Stat. 694; Pub. L. 117–58, div. C, §30008, Nov. 15, 2021, 135 Stat. 903.)
| 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.
Pub. L. 103–429
This amends 49:5318(e) to correct an erroneous cross-reference.
Editorial Notes
References in Text
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments
2021—Subsec. (f). Pub. L. 117–58 added subsec. (f).
2012—Pub. L. 112–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a)."
2005—Subsec. (a). Pub. L. 109–59, §3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel."
Subsec. (b). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (d). Pub. L. 109–59, §3020(b), substituted "to carry out this section" for "under section 5309(m)(1)(C) of this title".
Subsec. (e). Pub. L. 109–59, §3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility."
1998—Subsec. (b). Pub. L. 105–178, §3018(a), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and inserted "or organization" after "qualified person", ", cooperative agreement, or grant" after "The contract", and "mass transportation" after "and other".
Subsec. (d). Pub. L. 105–178, §§3018(b), 3029(b)(8), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and "5309(m)(1)(C) of this title" for "5338(j)(5) of this title".
1994—Subsec. (e). Pub. L. 103–429 inserted "Uniform" before "Relocation".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 Amendment
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.
1 So in original. Probably should be "subparagraph".
[§5319. Repealed. Pub. L. 114–94, div. A, title III, §3030(c), Dec. 4, 2015, 129 Stat. 1497]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105–178, title III, §3019, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(h), June 6, 2008, 122 Stat. 1610; Pub. L. 112–141, div. B, §20030(c), July 6, 2012, 126 Stat. 730, made certain bicycle facilities eligible for assistance under sections 5307, 5309, and 5311 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
[§5320. Repealed. Pub. L. 112–141, div. B, §20002(a), July 6, 2012, 126 Stat. 622]
Section, added Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608; amended Pub. L. 110–244, title II, §201(i), June 6, 2008, 122 Stat. 1610, related to alternative transportation in parks and public lands.
A prior section 5320, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103–429, §6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109–59, title III, §3021(a), Aug. 10, 2005, 119 Stat. 1608.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5321. Crime prevention and security
The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.)
| 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. |
Editorial Notes
Amendments
2005—Pub. L. 109–59 substituted "public transportation" for "mass transportation".
Statutory Notes and Related Subsidiaries
Regulations
Pub. L. 109–59, title III, §3028(c), Aug. 10, 2005, 119 Stat. 1624, required the Secretaries of Transportation and Homeland Security to issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants not later than 180 days after Aug. 10, 2005.
Public Transportation Security
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."
[§5322. Repealed. Pub. L. 114–94, div. A, title III, §3030(d), Dec. 4, 2015, 129 Stat. 1497]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109–59, title III, §§3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614; Pub. L. 112–141, div. B, §20015, July 6, 2012, 126 Stat. 695, provided for programs that address human resource needs in public transportation activities.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§5323. General provisions
(a)
(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)
(c)
(1)
(2)
(d)
(1)
(2)
(A)
(B)
(C)
(e)
(1)
(2)
(3)
(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; and
(B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates.
(2)
(g)
(h)
(1) pay ordinary governmental or nonproject operating expenses;
(2) pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team; or
(3) support a procurement that uses an exclusionary or discriminatory specification.
(i)
(1)
(A)
(B)
(2)
(A)
(B)
(C)
(i)
(ii)
(I) the seating capacity of which is at least 6 adults (not including the driver); and
(II) at least 80 percent of the mileage use of which can be reasonably expected to be for the purposes of transporting commuters in connection with travel between their residences and their place of employment.
(j)
(1)
(2)
(A) applying paragraph (1) would be inconsistent with the public interest;
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(C) when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter—
(i) the cost of components and subcomponents produced in the United States—
(I) for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock;
(II) for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and
(III) for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred in the United States; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3)
(A)
(i) publish in the Federal Register and make publicly available in an easily identifiable location on the website of the Department of Transportation a detailed written explanation of the waiver determination; and
(ii) provide the public with a reasonable period of time for notice and comment.
(B)
(4)
(5)
(6)
(A)
(i) the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the "item") is produced in the United States in a sufficient and reasonably available amount;
(ii) the item produced in the United States is of a satisfactory quality; and
(iii) includes a list of known manufacturers in the United States from which the item can be obtained.
(B)
(7)
(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
(B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
(8)
(A) affixed a "Made in America" label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or
(B) represented that goods described in subparagraph (A) of this paragraph were produced in the United States.
(9)
(10)
(11)
(12)
(13)
(k)
(1) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and
(2) be included in the planning for those services.
(l)
(1)
(2)
(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.
(q)
(1)
(2)
(r)
(s)
(t)
(1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and
(2) any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.
(u)
(1)
(A) is incorporated in or has manufacturing facilities in the United States; and
(B) is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that—
(i) is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection;
(ii) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and
(iii) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
(2)
(A) a minority relationship or investment; or
(B) relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States.
(3)
(4)
(A)
(B)
(5)
(A)
(B)
(C)
(v)
(1)
(2)
(A) utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(15)), as applicable;
(B) identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and
(C) utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable.
(3)
(A) the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or
(B) the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103–429, §6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3020, June 9, 1998, 112 Stat. 362; Pub. L. 109–59, title III, §§3002(b)(4), 3023(a)–(i)(3), (j)–(m), Aug. 10, 2005, 119 Stat. 1545, 1615-1619; Pub. L. 110–244, title II, §201(j), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §20016, July 6, 2012, 126 Stat. 697; Pub. L. 114–94, div. A, title III, §3011, Dec. 4, 2015, 129 Stat. 1474; Pub. L. 116–92, div. F, title LXXVI, §7613, Dec. 20, 2019, 133 Stat. 2314; Pub. L. 117–58, div. C, §§30001(b)(2), 30010, Nov. 15, 2021, 135 Stat. 890, 904.)
In subsection (a)(1), before clause (A), the words "directly or indirectly", "any facilities or other", "reconstructing", and "for the purpose of providing by contract or otherwise" are omitted as surplus. In clause (C), the words "and adequate", "acquisition of", and "applicable" are omitted as surplus. In clause (D), the words "the requirements of" are omitted as surplus.
In subsection (a)(2), the words "may not use" are substituted for "None of the provisions of this chapter shall be construed to authorize" to eliminate unnecessary words. The words "the purpose of financing" are omitted as surplus.
In subsections (b)(1), (c), and (e), the words "except section 5307" are added for clarity because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.
In subsection (b)(1), before clause (A), the word "reconstruction" is omitted as surplus. In clause (B), the words "in the matter" are omitted as surplus. In clause (C), the word "environmental" is substituted for "and its impact on the environment" to eliminate unnecessary words. In clause (D), the word "comprehensive" is omitted as surplus.
In subsection (b)(2), the word "description" is substituted for "statement" for clarity.
In subsections (d)–(f) and (h), the word "Federal" is omitted as surplus.
In subsections (d) and (f), the word "provide" is substituted for "engage in", and the word "transportation" is substituted for "operations", for consistency.
In subsection (d)(1), the words "with the Secretary", "and equitable", and "publicly and privately owned" are omitted as surplus.
In subsection (d)(2), the words "alleged", "take appropriate action to", "and conditions", and "for mass transportation facilities and equipment" are omitted as surplus.
In subsection (e), the words "This subsection shall apply to" and "which is acquiring such buses" are omitted as surplus. The words "occurring on or after November 6, 1978" are omitted as executed. The words "In the case of" are omitted as surplus. The words "may include" are substituted for "the Secretary shall permit . . . to provide in advertising for bids for" to eliminate unnecessary words.
In subsection (f)(1), before clause (A), the words "for use in providing public", "to any applicant for such assistance", and "and the Secretary" are omitted as surplus. The word "agrees" is substituted for "shall have first entered into an agreement that such applicant" to eliminate unnecessary words. In clause (A), the words "with respect to operation of a schoolbus program" are omitted as surplus.
Subsection (g) is substituted for 49 App.:1602a to eliminate unnecessary words.
In subsection (j), the word "goods" is substituted for "products" for consistency.
In subsection (j)(1), the words "Notwithstanding any other provision of law" are omitted as surplus.
In subsection (j)(2), before clause (A), the words "The Secretary of Transportation may waive" are substituted for "shall not apply" for clarity. In clause (B), the words "steel, iron, and goods" are substituted for "materials and products" for consistency. In clause (C), before subclause (i), the words "bus and other" are omitted as surplus. In subclauses (i) and (ii), the words "rolling stock" are substituted for "vehicle or equipment" for consistency. In clause (D), the word "contract" is omitted as surplus.
In subsection (j)(4), before clause (A), the words "The Secretary of Transportation may not make a waiver under" are substituted for "shall not apply" for clarity. The words "government of a foreign country" are substituted for "foreign country", and the word "Government" is added, for consistency in the revised title and with other titles of the United States Code.
In subsection (j)(5), before clause (A), the words "the debarment, suspension, and ineligibility procedures in" are omitted as surplus. The words "department, agency, or instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the Code. In clause (A), the word "produced" is substituted for "made" for consistency.
In subsection (k), the word "statewide" is omitted as surplus.
Pub. L. 103–429, §6(10)(A)
This makes a clarifying amendment to the catchline for 49:5323(j).
| 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.
Pub. L. 104–287
This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references.
Editorial Notes
References in Text
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec. (i)(1), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in subsec. (i)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (j)(3)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
The Federal Public Transportation Act of 2015, referred to in subsec. (j)(8), is title III of div. A of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
The date of enactment of this subsection, referred to in subsec. (u)(1), (5), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019.
Amendments
2021—Subsec. (e)(3). Pub. L. 117–58, §30001(b)(2), substituted "section 5302(4)(J)" for "section 5302(3)(J)".
Subsec. (u)(2). Pub. L. 117–58, §30010, added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "For purposes of paragraph (1), the term 'otherwise related legally or financially' does not include a minority relationship or investment."
2019—Subsecs. (u), (v). Pub. L. 116–92 added subsecs. (u) and (v).
2015—Subsec. (h)(2), (3). Pub. L. 114–94, §3011(1), added par. (2) and redesignated former par. (2) as (3).
Subsec. (j)(2)(C). Pub. L. 114–94, §3011(2)(A), added subpar. (C) and struck out former subpar. (C), which read as follows: "when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter—
"(i) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and
"(ii) final assembly of the rolling stock has occurred in the United States; or".
Subsec. (j)(5) to (11). Pub. L. 114–94, §3011(2)(B)–(D), added pars. (5) and (6), redesignated former pars. (5) to (9) as pars. (7) to (11), respectively, and in par. (8), substituted "Federal Public Transportation Act of 2015" for "Federal Public Transportation Act of 2012".
Subsec. (j)(12), (13). Pub. L. 114–94, §3011(2)(E), added pars. (12) and (13).
Subsec. (q)(1). Pub. L. 114–94, §3011(3), struck out at end "The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate."
Subsecs. (s), (t). Pub. L. 114–94, §3011(4), added subsecs. (s) and (t).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to general provisions on assistance.
2008—Subsec. (n). Pub. L. 110–244 substituted "section 5336(d)(2)" for "section 5336(e)(2)".
2005—Subsec. (a)(1). Pub. L. 109–59, §3023(a)(1), inserted heading and text of par. (1) and struck out former par. (1) which authorized use of financial assistance provided under this chapter for certain purposes only if the Secretary finds the assistance is essential to a program of projects required under sections 5303–5306 of this title, the Secretary finds that the program, to the maximum extent feasible, provides for the participation of private companies, just compensation will be paid to the company for its franchise or property, and the Secretary of Labor certifies that the assistance complies with section 5333(b) of this title.
Subsec. (a)(2). Pub. L. 109–59, §3023(a)(2), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (b). Pub. L. 109–59, §3023(b), reenacted heading without change and amended text of subsec. (b) generally, substituting provisions relating to general requirements, notice, and application requirements, consisting of pars. (1) to (3), for provisions relating to application requirements and notice, consisting of pars. (1) and (2).
Subsec. (c). Pub. L. 109–59, §3023(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "Amounts appropriated or made available under this chapter after September 30, 1989, may be obligated or expended to acquire a new bus model only if a bus of the model has been tested at the facility established under section 5318 of this title."
Subsec. (d)(1). Pub. L. 109–59, §3023(d)(1), inserted heading.
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (d)(2). Pub. L. 109–59, §3023(d)(2), inserted heading and text of par. (2) and struck out former par. (2) which read as follows: "On receiving a complaint about a violation of an agreement, the Secretary of Transportation shall investigate and decide whether a violation has occurred. If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. In addition to a remedy specified in the agreement, the Secretary may bar a recipient under this subsection or an operator from receiving further assistance when the Secretary finds a continuing pattern of violations of the agreement."
Subsec. (e). Pub. L. 109–59, §3023(e), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The initial advertising by a State or local governmental authority for bids to acquire buses using financial assistance under this chapter may include passenger seat functional specifications that are at least equal to performance specifications the Secretary of Transportation prescribes. The specifications shall be based on a finding by the State or local governmental authority of local requirements for safety, comfort, maintenance, and life cycle costs."
Subsec. (f). Pub. L. 109–59, §3023(f), in par. (1) inserted heading and realigned margins, added par. (2), and struck out former par. (2) which read as follows: "An applicant violating an agreement under this subsection may not receive other financial assistance under this chapter."
Subsec. (f)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places in introductory provisions.
Subsec. (g). Pub. L. 109–59, §3023(g), substituted "133 and 142" for "103(e)(4) and 142(a) or (c)" in two places.
Subsec. (i). Pub. L. 109–59, §3023(h), substituted "Government's" for "Government" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, inserted "or facilities" after "equipment" wherever appearing, and added par. (2).
Subsec. (j)(3) to (5). Pub. L. 109–59, §3023(i)(1), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).
Subsec. (j)(6). Pub. L. 109–59, §3023(i)(1)(A), (2), redesignated par. (5) as (6) and substituted "Federal Public Transportation Act of 2005" for "Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914)" in introductory provisions. Former par. (6) redesignated (7).
Subsec. (j)(7), (8). Pub. L. 109–59, §3023(i)(1)(A), redesignated pars. (6) and (7) as (7) and (8), respectively.
Subsec. (j)(9). Pub. L. 109–59, §3023(i)(3), added par. (9).
Subsec. (l). Pub. L. 109–59, §3023(j), amended heading and text of subsec. (l) generally. Prior to amendment, text read as follows: "The planning and programming requirements of section 135 of title 23 apply to a grant made under sections 5307–5311 of this title."
Subsec. (m). Pub. L. 109–59, §3023(k), inserted at end "Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser's requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations."
Subsec. (o). Pub. L. 109–59, §3023(l), substituted "chapter 6 (other than section 609) of title 23" for "the Transportation Infrastructure Finance and Innovation Act of 1998".
Subsec. (p). Pub. L. 109–59, §3023(m), added subsec. (p).
1998—Subsec. (d). Pub. L. 105–178, §3020(a), substituted "Condition on Charter Bus Transportation Service" for "Buying and Operating Buses" in heading.
Subsec. (i). Pub. L. 105–178, §3020(c), amended heading and text of subsec. (i) generally. Prior to amendment, text read as follows: "A Government grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment required by the Clean Air Act (42 U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the equipment that is attributable to complying with those Acts. The Secretary of Transportation, through practicable administrative procedures, may determine the costs attributable to that equipment."
Subsec. (j)(7). Pub. L. 105–178, §3020(b), inserted heading and amended text of par. (7) generally. Prior to amendment, text read as follows: "Not later than January 1, 1995, the Secretary of Transportation shall submit to Congress a report on purchases from foreign entities waived under paragraph (2) of this subsection in the fiscal years ending September 30, 1992, and September 30, 1993. The report shall indicate the dollar value of items for which waivers were granted."
Subsecs. (k) to (m). Pub. L. 105–178, §3020(d), added subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and (m), respectively.
Subsec. (n). Pub. L. 105–178, §3020(e), added subsec. (n).
Subsec. (o). Pub. L. 105–178, §3020(f), added subsec. (o).
1996—Subsecs. (b)(1), (c), (e). Pub. L. 104–287 struck out "(except section 5307)" after "under this chapter".
1994—Subsec. (j). Pub. L. 103–429, §6(10)(A), substituted "America" for "American" in heading.
Subsec. (l). Pub. L. 103–429, §6(10)(B), added subsec. (l).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
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.
Effective Date of 1994 Amendment
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.
Rulemaking
Pub. L. 109–59, title III, §3023(i)(5), Aug. 10, 2005, 119 Stat. 1618, required the Secretary of Transportation to issue a final rule on implementation of the Buy America requirements of former subsec. (j) of this section no later than 180 days after Aug. 10, 2005.
Final Assembly of Buses
Pub. L. 105–178, title III, §3035, June 9, 1998, 112 Stat. 387, required certain buses manufactured after Sept. 1, 1999, to conform with the Federal Transit Administration Guidance on Buy America Requirements, dated March 18, 1997.
§5324. Public transportation emergency relief program
(a)
(1)
(A) evacuation services;
(B) rescue operations;
(C) temporary public transportation service; or
(D) reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency.
(2)
(A) the Governor of a State has declared an emergency and the Secretary has concurred; or
(B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(b)
(1) capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and
(2) eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during—
(A) the 1-year period beginning on the date of a declaration described in subsection (a)(2); or
(B) if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).
(c)
(1)
(2)
(3)
(d)
(1) subject to the terms and conditions the Secretary determines are necessary; and
(2) made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(e)
(1)
(2)
(3)
(A) paragraph (2); or
(B) section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.
(f)
(1) submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and
(2) certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 824; Pub. L. 109–59, title III, §3024(a), Aug. 10, 2005, 119 Stat. 1619; Pub. L. 112–141, div. B, §20017(a), July 6, 2012, 126 Stat. 703; Pub. L. 117–58, div. C, §30011, Nov. 15, 2021, 135 Stat. 904.)
| 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.
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments
2021—Subsec. (f). Pub. L. 117–58 added subsec. (f).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to special provisions for capital projects.
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirements of a relocation program for families displaced by a project, consideration of economic, social, and environmental interests, and prohibition against regulating the operation of a mass transportation system for which a grant is made under section 5309 and regulating any charge for the system after a grant is made.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Memorandum of Agreement
Pub. L. 112–141, div. B, §20017(b), July 6, 2012, 126 Stat. 705, provided that:
"(1)
"(A) to improve coordination between the Department of Transportation and the Department of Homeland Security; and
"(B) to expedite the provision of Federal assistance for public transportation systems for activities relating to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this subsection as a 'major disaster or emergency').
"(2)
"(3)
"(A) provide for improved coordination and expeditious use of public transportation, as appropriate, in response to and recovery from a major disaster or emergency;
"(B) establish procedures to address—
"(i) issues that have contributed to delays in the reimbursement of eligible transportation-related expenses relating to a major disaster or emergency;
"(ii) any challenges identified in the review under paragraph (4); and
"(iii) the coordination of assistance for public transportation provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] and section 5324 of title 49, United States Code, as amended by this Act, as appropriate; and
"(C) provide for the development and distribution of clear guidelines for State, local, and tribal governments, including public transportation systems, relating to—
"(i) assistance available for public transportation systems for activities relating to a major disaster or emergency—
"(I) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
"(II) under section 5324 of title 49, United States Code, as amended by this Act; and
"(III) from other sources, including other Federal agencies; and
"(ii) reimbursement procedures that speed the process of—
"(I) applying for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act; and
"(II) distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act.
"(4)
"(5)
"(6)
"(A)
"(B)
§5325. Contract requirements
(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)
(A) not more than 5 years after the date of the original contract for bus procurements; and
(B) not more than 7 years after the date of the original contract for rail procurements, provided that such option does not allow for significant changes or alterations to the rolling stock.
(2)
(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; and
(D) the contractor's financial and technical resources.
(k)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 825; Pub. L. 104–287, §5(16), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3022, June 9, 1998, 112 Stat. 363; Pub. L. 105–206, title IX, §9009(n), July 22, 1998, 112 Stat. 857; Pub. L. 107–217, §3(n)(2), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 109–59, title III, §3025(a), Aug. 10, 2005, 119 Stat. 1620; Pub. L. 110–244, title II, §201(k), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §§20018, 20030(d), July 6, 2012, 126 Stat. 706, 730; Pub. L. 114–94, div. A, title III, §3030(e), Dec. 4, 2015, 129 Stat. 1497.)
| 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.
Pub. L. 104–287
This amends the catchline for 49:5325(d) to make a clarifying amendment.
Editorial Notes
References in Text
The Federal Public Transportation Act of 2015, referred to in subsec. (h), is title III of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1446. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 5101 of this title and Tables.
Amendments
2015—Subsec. (e)(2). Pub. L. 114–94, §3030(e)(1), struck out "at least two" after "allow".
Subsec. (h). Pub. L. 114–94, §3030(e)(2), substituted "Federal Public Transportation Act of 2015" for "Federal Public Transportation Act of 2012".
2012—Subsec. (b)(2)(A). Pub. L. 112–141, §20030(d), substituted "the Federal Acquisition Regulation, or any successor thereto" for "title 48, Code of Federal Regulations (commonly known as the Federal Acquisition Regulation)".
Subsec. (e)(1). Pub. L. 112–141, §20018(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years after the date of the original contract."
Subsec. (h). Pub. L. 112–141, §20018(2), substituted "Federal Public Transportation Act of 2012" for "Federal Public Transportation Act of 2005".
Subsec. (j)(2)(C). Pub. L. 112–141, §20018(3), struck out ", including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2)" after "past performance".
Subsec. (k). Pub. L. 112–141, §20018(4), added subsec. (k).
2008—Subsec. (b)(1). Pub. L. 110–244, §201(k)(1), inserted "adopted before August 10, 2005" before period at end.
Subsec. (b)(2), (3). Pub. L. 110–244, §201(k)(2), (3), redesignated par. (3) as (2) and struck out former par. (2). Text read as follows: "Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services."
2005—Pub. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to noncompetitive bidding in subsec. (a), procedures for award of architectural, engineering, and design contracts in subsec. (b), and efficient procurement in subsec. (c).
2002—Subsec. (b). Pub. L. 107–217 substituted "chapter 11 of title 40" for "title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)".
1998—Subsec. (b). Pub. L. 105–178, §3022(b), as added by Pub. L. 105–206, inserted "or requirement" after "A contract" and "When awarding such contracts, recipients of assistance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code." before "This subsection does not apply".
Pub. L. 105–178, §3022(a)(1), (2), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: "A recipient of financial assistance of the United States Government under this chapter may make a contract to expend that assistance to acquire rolling stock—
"(1) based on—
"(A) initial capital costs; or
"(B) performance, standardization, life cycle costs, and other factors; or
"(2) with a party selected through a competitive procurement process."
Subsec. (c). Pub. L. 105–178, §3022(a)(1), (3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "A recipient of a grant under section 5307 of this title procuring an associated capital maintenance item under section 5307(b) may make a contract directly with the original manufacturer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipient first certifies in writing to the Secretary that—
"(1) the manufacturer or supplier is the only source for the item; and
"(2) the price of the item is no more than the price similar customers pay for the item."
Subsec. (d). Pub. L. 105–178, §3022(a)(2), redesignated subsec. (d) as (b).
1996—Subsec. (d). Pub. L. 104–287 substituted "
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
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.
Innovative Procurement
Pub. L. 114–94, div. A, title III, §3019, Dec. 4, 2015, 129 Stat. 1488, provided that:
"(a)
"(b)
"(1)
"(A)
"(i) the term 'cooperative procurement contract' means a contract—
"(I) entered into between a State government or eligible nonprofit entity and 1 or more vendors; and
"(II) under which the vendors agree to provide an option to purchase rolling stock and related equipment to multiple participants;
"(ii) the term 'eligible nonprofit entity' means—
"(I) a nonprofit cooperative purchasing organization that is not a grantee; or
"(II) a consortium of entities described in subclause (I);
"(iii) the terms 'lead nonprofit entity' and 'lead procurement agency' mean an eligible nonprofit entity or a State government, respectively, that acts in an administrative capacity on behalf of each participant in a cooperative procurement contract;
"(iv) the term 'participant' means a grantee that participates in a cooperative procurement contract; and
"(v) the term 'participate' means to purchase rolling stock and related equipment under a cooperative procurement contract using assistance provided under chapter 53 of title 49, United States Code.
"(B)
"(i)
"(ii)
"(iii)
"(iv)
"(I) subject to subclauses (II) and (III), may be for an initial term of not more than 2 years;
"(II) may include not more than 3 optional extensions for terms of not more than 1 year each; and
"(III) may be in effect for a total period of not more than 5 years, including each extension authorized under subclause (II).
"(v)
"(I) may charge the participants in the contract for the cost of administering, planning, and providing technical assistance for the contract in an amount that is not more than 1 percent of the total value of the contract; and
"(II) with respect to the cost described in subclause (I), may incorporate the cost into the price of the contract or directly charge the participants for the cost, but not both.
"(2)
"(A)
"(i) the vendors agree to provide an option to purchase rolling stock and related equipment to the State government and any other participant; and
"(ii) the State government acts throughout the term of the contract as the lead procurement agency.
"(B)
"(3)
"(A)
"(B)
"(C)
"(4)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(c)
"(1)
"(A)
"(B)
"(2)
"(A)
"(i) the rolling stock or related equipment covered under the lease is eligible for capital assistance under such chapter; and
"(ii) there is or will be no Federal interest in the rolling stock or related equipment covered under the lease as of the date on which the lease takes effect.
"(B)
"(i) maintain an inventory of the rolling stock or related equipment acquired under the lease; and
"(ii) maintain on the accounting records of the grantee the liability of the grantee under the lease.
"(C)
"(i) the cost of the rolling stock or related equipment;
"(ii) associated financing costs, including interest, legal fees, and financial advisor fees;
"(iii) ancillary costs such as delivery and installation charges; and
"(iv) maintenance costs.
"(D)
"(E)
"(i)
"(ii)
"(3)
"(A)
"(i) the term 'removable power source'—
"(I) means a power source that is separately installed in, and removable from, a zero emission vehicle; and
"(II) may include a battery, a fuel cell, an ultra-capacitor, or other advanced power source used in a zero emission vehicle; and
"(ii) the term 'zero emission vehicle' has the meaning given the term in section 5339(c) of title 49, United States Code.
"(B)
"(C)
"(D)
"(4)
"(A) an evaluation of the overall costs and benefits of leasing rolling stock; and
"(B) a comparison of the expected short-term and long-term maintenance costs of leasing versus buying rolling stock.
"(5)
"(d)
§5326. Transit asset management
(a)
(1)
(2)
(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(B) the recipient certifies complies with the rule issued under this section.
(3)
(b)
(1) a definition of the term "state of good repair" that includes objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities;
(2) a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;
(3) a requirement that each designated recipient of Federal financial assistance under this chapter report on the condition of the system of the recipient and provide a description of any change in condition since the last report;
(4) an analytical process or decision support tool for use by public transportation systems that—
(A) allows for the estimation of capital investment needs of such systems over time; and
(B) assists with asset investment prioritization by such systems; and
(5) technical assistance to recipients of Federal financial assistance under this chapter.
(c)
(1)
(2)
(3)
(A) the progress of the recipient during the fiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and
(B) the performance targets established by the recipient for the subsequent fiscal year.
(d)
(Added Pub. L. 112–141, div. B, §20019, July 6, 2012, 126 Stat. 707.)
Editorial Notes
References in Text
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(1) and (d), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Codification
Pub. L. 112–141, div. B, §20019, July 6, 2012, 126 Stat. 707, which directed that section 5326 of this title be amended generally, was executed by adding a new section 5326 to reflect the probable intent of Congress. A prior section 5326 was repealed by Pub. L. 109–59, title III, §3025(b), Aug. 10, 2005, 119 Stat. 1622.
Prior Provisions
A prior section 5326, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, §3023(a), (b), June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items, prior to repeal by Pub. L. 109–59, title III, §3025(b), Aug. 10, 2005, 119 Stat. 1622.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5327. Project management oversight
(a)
(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications;
(2) a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented, systematic approach to the handling of construction change orders;
(6) organizational structures, management skills, and staffing levels required throughout the construction phase;
(7) quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the operational system or its major components;
(11) periodic updates of the plan, especially related to project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts;
(12) the recipient's commitment to submit a project budget and project schedule to the Secretary quarterly; and
(13) safety and security management.
(b)
(2) The Secretary shall inform the recipient of the reasons when a plan is disapproved.
(c)
(d)
(1) a definition of "major capital project" for section 5338(f) 1 that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle;
(2) a requirement that oversight—
(A) begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and
(B) be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has failed to meet the requirements of such plan and the project may be at risk of going over budget or becoming behind schedule; and
(3) a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 826; Pub. L. 103–429, §6(12), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, §5(17), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §3024, June 9, 1998, 112 Stat. 364; Pub. L. 109–59, title III, §3026, Aug. 10, 2005, 119 Stat. 1622; Pub. L. 112–141, div. B, §20020, July 6, 2012, 126 Stat. 708; Pub. L. 114–94, div. A, title III, §3012, Dec. 4, 2015, 129 Stat. 1475.)
| 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.
Pub. L. 103–429
This amends 49:5327(c)(1) to correct an erroneous cross-reference.
Pub. L. 104–287
This amends 49:5327(c) to correct an erroneous cross-reference.
Editorial Notes
References in Text
Section 5338, referred to in subsecs. (c) and (d)(1), was amended generally by Pub. L. 117–58, div. C, §30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338 no longer contains a subsec. (f). Provisions relating to oversight, formerly contained in section 5338(f), can be found elsewhere in section 5338.
Amendments
2015—Subsec. (c). Pub. L. 114–94, §3012(1), which directed substitution of section "5338(f)" for "section 5338(i)", was executed by substituting "section 5338(f)" for "section 5338(i)", to reflect the probable intent of Congress.
Subsec. (d)(1). Pub. L. 114–94, §3012(2)(A)(i), which directed substitution of section 5338(f) for "section 5338(i)" without placing quotation marks around the language to be substituted, was executed by substituting "section 5338(f)" for "section 5338(i)", to reflect the probable intent of Congress.
Subsec. (d)(2), (3). Pub. L. 114–94, §3012(2)(A)(ii), (B), added pars. (2) and (3) and struck out former par. (2), which read as follows: "a requirement that oversight begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight."
2012—Subsec. (a). Pub. L. 112–141, §20020(1)(A), in introductory provisions, substituted "Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan" for "United States Government financial assistance for a major capital project under this chapter or the National Capital Transportation Act of 1969 (Public Law 91–143, 83 Stat. 320), a recipient must prepare and carry out a project management plan approved by the Secretary of Transportation".
Subsec. (a)(12). Pub. L. 112–141, §20020(1)(B), substituted "quarterly" for "each month".
Subsec. (c). Pub. L. 112–141, §20020(2), (3), added subsec. (c) and struck out former subsec. (c) which related to limitations.
Subsec. (d). Pub. L. 112–141, §20020(2), (4), redesignated subsec. (e) as (d) and struck out former subsec. (d) which related to access to sites and records.
Subsec. (d)(1). Pub. L. 112–141, §20020(5)(A), substituted "section 5338(i)" for "subsection (c) of this section".
Subsec. (d)(2). Pub. L. 112–141, §20020(5)(B), substituted "project development phase" for "preliminary engineering stage" and "another phase" for "another stage".
Subsec. (e). Pub. L. 112–141, §20020(4), redesignated subsec. (e) as (d).
Subsec. (f). Pub. L. 112–141, §20020(2), struck out subsec. (f). Text read as follows: "A recipient of financial assistance for a project under this chapter with an estimated total cost of $1,000,000,000 or more shall submit to the Secretary an annual financial plan for the project. The plan shall be based on detailed annual estimates of the cost to complete the remaining elements of the project and on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project."
2005—Subsec. (a)(13). Pub. L. 109–59, §3026(a), added par. (13).
Subsec. (c). Pub. L. 109–59, §3026(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) specified limitations on use of available amounts for certain purposes.
1998—Subsec. (c)(2). Pub. L. 105–178, §3024(a), substituted "enter into contracts" for "make contracts" and inserted "and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section" before period at end of first sentence.
Subsec. (f). Pub. L. 105–178, §3024(b), added subsec. (f).
1996—Subsec. (c)(1). Pub. L. 104–287 substituted "to carry out a major project under section 5309" for "to carry out a major project under section 5307".
1994—Subsec. (c)(1). Pub. L. 103–429 substituted "section 5307, 5309, 5311, or 103(e)(4) or that Act" for "section 5307, 5309, 5311, or 103(e)(4) of that Act".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
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.
Effective Date of 1994 Amendment
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.
Financing of Oversight Activities
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."
1 See References in Text note below.
[§5328. Repealed. Pub. L. 112–141, div. B, §20002(a), July 6, 2012, 126 Stat. 622]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104–205, title III, §336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104–287, §5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–178, title III, §3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L. 105–206, title IX, §9009(h)(2), (3), July 22, 1998, 112 Stat. 856; Pub. L. 109–59, title III, §3027, Aug. 10, 2005, 119 Stat. 1623, related to project review and advancement by the Secretary.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5329. Public transportation safety program
(a)
(b)
(1)
(2)
(A) safety performance criteria for all modes of public transportation, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation;
(B) the definition of the term "state of good repair" established under section 5326(b);
(C) minimum safety performance standards for public transportation vehicles used in revenue operations that—
(i) do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) recommendations of, and best practices standards developed by, the public transportation industry; and
(III) innovations in driver assistance technologies and driver protection infrastructure, where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities;
(D) in consultation with the Secretary of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency (as defined in section 5324(a));
(E) minimum safety standards to ensure the safe operation of public transportation systems that—
(i) are not related to performance standards for public transportation vehicles developed under subparagraph (C); and
(ii) to the extent practicable, take into consideration—
(I) relevant recommendations of the National Transportation Safety Board;
(II) best practices standards developed by the public transportation industry;
(III) any minimum safety standards or performance criteria being implemented across the public transportation industry;
(IV) relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and
(V) any additional information that the Secretary determines necessary and appropriate;
(F) a public transportation safety certification training program, as described in subsection (c); and
(G) consideration, where appropriate, of performance-based and risk-based methodologies.
(3)
(c)
(d)
(1)
(A) a requirement that the board of directors (or equivalent entity) of the recipient approve, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve, the agency safety plan and any updates to the agency safety plan;
(B) for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives;
(C) methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient;
(D) strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases;
(E) a process and timeline for conducting an annual review and update of the safety plan of the recipient;
(F) performance targets based on—
(i) the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); or
(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A);
(G) assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient;
(H) a comprehensive staff training program for—
(i) the operations personnel and personnel directly responsible for safety of the recipient that includes—
(I) the completion of a safety training program; and
(II) continuing safety education and training; or
(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes—
(I) the completion of a safety training program;
(II) continuing safety education and training; and
(III) de-escalation training; and
(I) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including—
(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and
(ii) the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers.
(2)
(3)
(A)
(B)
(4)
(A)
(B)
(C)
(D)
(5)
(A)
(i) be convened by a joint labor-management process;
(ii) consist of an equal number of—
(I) frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and
(II) management representatives; and
(iii) have, at a minimum, responsibility for—
(I) identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency's safety risk assessment;
(II) identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and
(III) identifying safety deficiencies for purposes of continuous improvement.
(B)
(e)
(1)
(2)
(A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or
(B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.
(3)
(A) assumes responsibility for overseeing rail fixed guideway public transportation safety;
(B) adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety;
(C) establishes a State safety oversight agency;
(D) determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State;
(E) requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and
(F) prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4).
(4)
(A)
(i) is financially and legally independent from any public transportation entity that the State safety oversight agency oversees;
(ii) does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section;
(iii) does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section;
(iv) has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d);
(v) has investigative, inspection, and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State;
(vi) audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and
(vii) provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to—
(I) the Federal Transit Administration;
(II) the Governor of the eligible State; and
(III) the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees.
(B)
(i) have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or
(ii) provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year.
(5)
(A) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or
(B) jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary.
(6)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(iii)
(I) any Federal funds;
(II) any funds received from a public transportation agency; or
(III) any revenues earned by a public transportation agency.
(iv)
(7)
(A)
(B)
(C)
(D)
(i) shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and
(ii) may—
(I) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(II) withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title, until the State safety oversight program has been certified; or
(III) require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified.
(8)
(A)
(B)
(i) transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and
(ii) require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection.
(C)
(i) withhold funds available under paragraph (6) in an amount determined by the Secretary;
(ii) beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and
(iii) use any other authorities authorized under this chapter considered necessary and appropriate.
(D)
(9)
(A) the amount of funds apportioned to each eligible State; and
(B) the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified.
(10)
(A) oversee the implementation of each State safety oversight program under this subsection;
(B) audit the operations of each State safety oversight agency at least once triennially; and
(C) issue rules to carry out this subsection.
(11)
(f)
(1) conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient;
(2) make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally;
(3) in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if—
(A) before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere with an ongoing criminal investigation; or
(ii) fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A);
(4) require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency;
(5) investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents;
(6) at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and
(7) issue rules to carry out this section.
(g)
(1)
(A) issuing directives;
(B) requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary;
(C) imposing more frequent reporting requirements;
(D) requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; and
(E) withholding not more than 25 percent of financial assistance under section 5307.
(2)
(A)
(B)
(i) written notice of a violation and the amount proposed to be withheld; and
(ii) a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.
(h)
(1)
(2)
(3)
(i)
(j)
(1)
(A) a Federal standard of care established by a regulation or order issued by the Secretary under this section; or
(B) its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary.
(2)
(3)
(k)
(1)
(A)
(B)
(2)
(A)
(B)
(3)
(A) the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and
(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d).
(4)
(A) the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees;
(B) the inspection program of the State safety oversight agency is risk-based; and
(C) the State safety oversight agency has sufficient resources to conduct the inspections.
(5)
(6)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 830; Pub. L. 109–59, title III, §3028(a), Aug. 10, 2005, 119 Stat. 1624; Pub. L. 112–141, div. B, §20021(a), July 6, 2012, 126 Stat. 709; Pub. L. 114–94, div. A, title III, §3013, Dec. 4, 2015, 129 Stat. 1476; Pub. L. 117–58, div. C, §30012(a), Nov. 15, 2021, 135 Stat. 904.)
Applicability of Amendment
Amendment of section by section 30012(a)(5) of div. C of Pub. L. 117—58 applicable with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under subsec. (k)(5) of this section. See 2021 Amendment note below.
| 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.
Editorial Notes
References in Text
Section 3020 of the Federal Public Transportation Act of 2015, referred to in subsec. (b)(2)(D)(ii)(IV), is section 3020 of Pub. L. 114–94, Dec. 4, 2015, 129 Stat. 1491, which is not classified to the Code.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2), (3)(B), (e)(7)(A), (j)(2), and (k), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Amendments
2021—Subsec. (b)(2)(A). Pub. L. 117–58, §30012(a)(1)(A)(i), inserted ", or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation" after "public transportation".
Subsec. (b)(2)(C)(ii)(III). Pub. L. 117–58, §30012(a)(1)(A)(ii), added subcl. (III).
Subsec. (b)(2)(D) to (G). Pub. L. 117–58, §30012(a)(1)(A)(iii)–(vii), added subpars. (D) and (G), and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (b)(3). Pub. L. 117–58, §30012(a)(1)(B), added par. (3).
Subsec. (c). Pub. L. 117–58, §30012(a)(2), struck out par. (1) designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: "Not later than 90 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall establish interim provisions for the certification and training of the personnel described in paragraph (1), which shall be in effect until the effective date of the final rule issued by the Secretary to implement this subsection."
Subsec. (d)(1). Pub. L. 117–58, §30012(a)(3)(A)(i), substituted "Each recipient" for "Effective 1 year after the effective date of a final rule issued by the Secretary to carry out this subsection, each recipient" in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 117–58, §30012(a)(3)(A)(ii), inserted ", or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve," after "recipient approve".
Subsec. (d)(1)(B) to (H). Pub. L. 117–58, §30012(a)(3)(A)(iii)–(viii), added subpar. (B) and redesignated former subpars. (B) to (G) as (C) to (H), respectively; in subpar. (D), inserted ", and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases" before semicolon at end; added subpar. (F) and struck out former subpar. (F), which related to perforamce targets; and added subpars. (H) and (I) and struck out former subpar. (H), which related to comprehensive staff training programs.
Subsec. (d)(4), (5). Pub. L. 117–58, §30012(a)(3)(B), added pars. (4) and (5).
Subsec. (e)(4)(A)(v). Pub. L. 117–58, §30012(a)(4)(A), inserted ", inspection," after "investigative".
Subsec. (e)(11). Pub. L. 117–58, §30012(a)(4)(B), added par. (11).
Subsec. (k). Pub. L. 117–58, §30012(a)(5), added subsec. (k) and struck out former subsec. (k). Prior to amendment, text read as follows: "Not later than 3 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that—
"(1) analyzes public transportation safety trends among the States and documents the most effective safety programs implemented using grants under this section; and
"(2) describes the effect on public transportation safety of activities carried out using grants under this section."
2015—Subsec. (b)(2)(D), (E). Pub. L. 114–94, §3013(1), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (e)(8) to (10). Pub. L. 114–94, §3013(2), added par. (8) and redesignated former pars. (8) and (9) as (9) and (10), respectively.
Subsec. (f)(2). Pub. L. 114–94, §3013(3), which directed insertion of "or the public transportation industry generally" after "recipients", was executed by making the insertion after "recipient", to reflect the probable intent of Congress.
Subsec. (g)(1). Pub. L. 114–94, §3013(4)(A), substituted "a recipient" for "an eligible State, as defined in subsection (e)," in introductory provisions.
Subsec. (g)(1)(E). Pub. L. 114–94, §3013(4)(B)–(D), added subpar. (E).
Subsec. (g)(2)(A). Pub. L. 114–94, §3013(5), inserted "or withhold funds" after "use of funds" and "or (1)(E)" after "paragraph (1)(D)".
Subsec. (h). Pub. L. 114–94, §3013(6), added subsec. (h) and struck out former subsec. (h), which related to cost-benefit analysis.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to investigations of safety hazards and security risks.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to investigations of safety hazards and security risks for provisions relating to investigation of safety hazards.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 117–58, div. C, §30012(b)(2), Nov. 15, 2021, 135 Stat. 909, provided that: "Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph (5) of that section 5329(k)."
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Special Directive on Risk-Based Inspection Programs
Pub. L. 117–58, div. C, §30012(b)(1), Nov. 15, 2021, 135 Stat. 909, provided that: "Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a))."
No Effect on Initial Certification Process
Pub. L. 117–58, div. C, §30012(c), Nov. 15, 2021, 135 Stat. 909, provided that: "Nothing in this section [amending this section and enacting provisions set out as a note under this section] or the amendments made by this section affects the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code."
Improved Public Transportation Safety Measures
Pub. L. 114–94, div. A, title III, §3022, Dec. 4, 2015, 129 Stat. 1493, provided that:
"(a)
"(b)
"(1) different safety needs of drivers of different modes;
"(2) differences in operating environments;
"(3) the use of technology to mitigate driver assault risks;
"(4) existing experience, from both agencies and operators that already are using or testing driver assault mitigation infrastructure; and
"(5) the impact of the rule on future rolling stock procurements and vehicles currently in revenue service.
"(c)
[§5330. Repealed. Pub. L. 112–141, div. B, §20030(e), July 6, 2012, 126 Stat. 731]
Section, Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 831; Pub. L. 109–59, title III, §§3002(b)(4), 3029(a), Aug. 10, 2005, 119 Stat. 1545, 1625, related to State safety oversight of certain rail fixed guideway public transportation systems.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 112–141, div. B, §20030(e), July 6, 2012, 126 Stat. 731, provided that the repeal of this section is effective 3 years after the effective date of the final rules issued by the Secretary of Transportation under section 5329(e) of this title. Such effective date is Apr. 15, 2016, see 81 F.R. 14230.
§5331. Alcohol and controlled substances testing
(a)
(1) "controlled substance" means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) whose use the Secretary decides has a risk to transportation safety.
(2) "person" includes any entity organized or existing under the laws of the United States, a State, territory, or possession of the United States, or a foreign country.
(3) "public transportation" means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.
(b)
(B) When the Secretary considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary—
(A) shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and
(B) may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.
(c)
(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—
(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)
(1)
(2)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 832; Pub. L. 103–429, §6(13), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–59, title III, §342(a), Nov. 28, 1995, 109 Stat. 608; Pub. L. 109–59, title III, §§3002(b)(3), (4), 3030, Aug. 10, 2005, 119 Stat. 1545, 1625; Pub. L. 112–141, div. B, §§20022, 20030(f), July 6, 2012, 126 Stat. 717, 731.)
| 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.
Pub. L. 103–429
This amends 49:5331(a)(3) to correct an erroneous cross-reference.
Editorial Notes
Amendments
2012—Pub. L. 112–141, §20030(f), substituted "Secretary" for "Secretary of Transportation" wherever appearing.
Subsec. (g). Pub. L. 112–141, §20022, added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: "A person is not eligible for financial assistance under section 5307, 5309, or 5311 of this title if the person is required, under regulations the Secretary of Transportation prescribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program."
2005—Subsec. (a)(3). Pub. L. 109–59, §3030(a), substituted "section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46" for "section 20140 or 31306 of this title" and inserted at end "The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in two places.
Subsec. (b). Pub. L. 109–59, §3002(b)(3), substituted "Public" for "Mass" in heading.
Subsec. (b)(1)(A). Pub. L. 109–59, §3030(b), struck out "or section 103(e)(4) of title 23" after "5311 of this title".
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsecs. (b)(1)(B), (2), (c)(2), (e). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
Subsec. (f)(3). Pub. L. 109–59, §3030(c), struck out par. (3) which read as follows: "This section does not prevent the Secretary of Transportation from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by mass transportation employees."
Subsec. (g). Pub. L. 109–59, §3030(b), struck out "or section 103(e)(4) of title 23" after "5311 of this title".
1995—Subsec. (b)(1)(A). Pub. L. 104–59 added subpar. (A) and struck out former subpar. (A) which read as follows: "In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations not later than October 28, 1992, that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a United States Government regulation."
1994—Subsec. (a)(3). Pub. L. 103–429 substituted "section 20140 or 31306" for "subchapter III of chapter 201 or section 31306".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1994 Amendment
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.
§5332. Nondiscrimination
(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.); or
(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; Pub. L. 112–141, div. B, §§20023(a), 20030(g), July 6, 2012, 126 Stat. 717, 731.)
| 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.
Editorial Notes
References in Text
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. 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.
Amendments
2012—Subsec. (b). Pub. L. 112–141, §20023(a)(1), substituted "religion" for "creed" and inserted "disability," after "sex,".
Subsec. (c)(1). Pub. L. 112–141, §20030(g), struck out "of Transportation" after "Secretary".
Subsec. (d)(3). Pub. L. 112–141, §20023(a)(2), substituted "or" for "and".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§5333. Labor standards
(a)
(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; Pub. L. 112–141, div. B, §20030(h), July 6, 2012, 126 Stat. 731.)
| 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).
Editorial Notes
References in Text
Reorganization Plan No. 14 of 1950, referred to in subsec. (a), is set out in the Appendix to Title 5, Government Organization and Employees.
Sections 5316 and 5328 of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 112–141, div. B, §20002(a), July 6, 2012, 126 Stat. 622.
Amendments
2012—Subsec. (a). Pub. L. 112–141 substituted "sections 3141 through 3144" for "sections 3141–3144".
2005—Subsec. (b)(1). Pub. L. 109–59, §3031(1), substituted "5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)" for "5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)" in two places.
Subsec. (b)(2)(D). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (b)(4), (5). Pub. L. 109–59, §3031(2), added pars. (4) and (5).
2002—Subsec. (a). Pub. L. 107–217 substituted "sections 3141–3144, 3146, and 3147 of title 40" for "the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)" and "section 3145 of title 40" for "section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)".
1998—Subsec. (b)(1). Pub. L. 105–178 substituted "5338(b)" for "5338(j)(5)" in two places.
1995—Subsec. (b)(3). Pub. L. 104–88 substituted "11326" for "11347".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1995 Amendment
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 1301 of this title.
1 See References in Text note below.
§5334. Administrative provisions
(a)
(1) prescribe terms for a project that receives Federal financial assistance under this chapter (except terms the Secretary of Labor prescribes under section 5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement;
(4) buy property related to a loan under this chapter;
(5) agree to pay an annual amount in place of a State or local tax on real property acquired or owned under this chapter;
(6) sell, exchange, or lease property, a security, or an obligation;
(7) obtain loss insurance for property and assets the Secretary of Transportation holds;
(8) consent to a modification in an agreement under this chapter;
(9) include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter;
(10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and
(11) issue regulations as necessary to carry out the purposes of this chapter.
(b)
(1)
(2)
(c)
(2) Except for emergency regulations, the Secretary shall give interested parties at least 60 days to participate in a regulatory proceeding under this chapter by submitting written information, views, or arguments, with or without an oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary because of the routine nature or insignificant impact of the regulation or that an emergency regulation should be issued. The Secretary may extend the 60-day period if the Secretary decides the period is insufficient to allow diligent individuals to prepare comments or that other circumstances justify an extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary shall comply with this subsection when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.
(d)
(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)
(1)
(A) a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides—
(i) the asset will remain in public use for at least 5 years after the date the asset is transferred;
(ii) there is no purpose eligible for assistance under this chapter for which the asset should be used;
(iii) 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
(iv) 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; or
(B) a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides—
(i) the asset is a necessary component of a proposed transit-oriented development project;
(ii) the transit-oriented development project will increase transit ridership;
(iii) at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent 1 the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income;
(iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and
(v) with respect to a transfer to a third party entity—
(I) a local government authority or nonprofit organization is unable to receive the property;
(II) 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
(III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.
(2) A decision under paragraph (1) must be in writing and include the reason for the decision.
(3) This subsection is in addition to any other law related to using and disposing of a facility or equipment under an assistance agreement.
(4)
(A)
(B)
(i)
(ii)
(I)
(II)
(aa) the recipient shall retain an amount equal to the sum of—
(AA) $5,000; and
(BB) of the remaining proceeds, a percentage of the amount equal to the non-Federal share expended by the recipient in making the original purchase; and
(bb) any amounts remaining after application of item (aa) shall be returned to the Federal Transit Administration.
(iii)
(C)
(D)
(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)
(k)
(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; Pub. L. 112–141, div. B, §§20024, 20030(i), July 6, 2012, 126 Stat. 718, 731; Pub. L. 117–58, div. C, §30013, Nov. 15, 2021, 135 Stat. 909; Pub. L. 117–81, div. F, title LXVI, §6609, Dec. 27, 2021, 135 Stat. 2446.)
| 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.
Editorial Notes
References in Text
The date of enactment of this paragraph, referred to in subsec. (h)(4)(D), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.
Amendments
2021—Subsec. (h)(1). Pub. L. 117–81 amended par. (1) generally. Prior to amendment, par. (1) related to authorization by Secretary of assets no longer needed.
Subsec. (h)(4)(B) to (D). Pub. L. 117–58 added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
2012—Subsec. (a)(1). Pub. L. 112–141, §20024(1), substituted "that receives Federal financial assistance under this chapter" for "under sections 5307 and 5309–5311 of this title".
Subsec. (b)(1). Pub. L. 112–141, §20024(2), inserted "or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329," after "emergency," and substituted "chapter. The Secretary may not" for "chapter, nor may the Secretary".
Subsec. (c)(1). Pub. L. 112–141, §20030(i)(1), substituted "Secretary shall prepare" for "Secretary of Transportation shall prepare" and "Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives" for "Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate".
Subsec. (c)(2). Pub. L. 112–141, §20030(i)(1)(A), substituted "Secretary shall give" for "Secretary of Transportation shall give".
Subsec. (c)(4). Pub. L. 112–141, §§20030(i)(1)(A), 20024(3), substituted "Secretary shall comply" for "Secretary of Transportation shall comply" and "subsection" for "section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f)".
Subsec. (d). Pub. L. 112–141, §20030(i)(2), struck out "of Transportation" after "Secretary" in introductory provisions.
Subsec. (e). Pub. L. 112–141, §20030(i)(3), struck out "of Transportation" after "The Secretary".
Subsec. (f). Pub. L. 112–141, §20030(i)(4), struck out "of Transportation" after "Secretary".
Subsec. (g). Pub. L. 112–141, §20030(i)(5), in introductory provisions, struck out "of Transportation" after "Secretary".and substituted "paragraph (3) or (4) of subsection (a)" for "subsection (a)(3) or (4) of this section".
Subsec. (h)(1). Pub. L. 112–141, §20030(i)(6)(A), struck out "of Transportation" after "acquired, the Secretary" in introductory provisions.
Subsec. (h)(2). Pub. L. 112–141, §20030(i)(6)(B), struck out "of this section" after "paragraph (1)".
Subsec. (h)(3). Pub. L. 112–141, §20024(4), substituted "any other" for "another".
Subsec. (i)(1). Pub. L. 112–141, §§20024(5), 20030(i)(7), substituted "title 23 may" for "title 23 shall" and "Secretary under this chapter" for "Secretary of Transportation under this chapter".
Subsec. (j). Pub. L. 112–141, §20030(i)(8), which directed substitution of "Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives" for "Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives" in subsec. (j) as redesignated by section 20025 of Pub. L. 112–141, was executed to subsec. (j) as redesignated by section 20024 of Pub. L. 112–141, to reflect the probable intent of Congress.
Pub. L. 112–141, §20024(6), (7), redesignated subsec. (k) as (j) and struck out former subsec. (j). Prior to amendment, text read as follows:
"(1) Section 9107(a) of title 31 applies to the Secretary of Transportation under this chapter.
"(2) Section 6101(b) to (d) of title 41 applies to a contract for more than $1,000 for services or supplies related to property acquired under this chapter."
Subsecs. (k), (l). Pub. L. 112–141, §20024(7), redesignated subsecs. (k) and (l) as (j) and (k), respectively.
2011—Subsec. (j)(2). Pub. L. 111–350 substituted "Section 6101(b) to (d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".
2005—Subsec. (a)(10). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (a)(11). Pub. L. 109–59, §3032(1), added par. (11).
Subsec. (b). Pub. L. 109–59, §3032(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 109–59, §3032(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(4). Pub. L. 109–59, §3032(5), added par. (4) and struck out former par. (4) which read as follows: "The Secretary of Transportation shall comply with this section (except subsections (h) and (i)) and sections 5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact."
Subsecs. (d) to (f). Pub. L. 109–59, §3032(3), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 109–59, §3032(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1), (4)(A). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (h). Pub. L. 109–59, §3032(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" in pars. (1) and (2).
Subsec. (i). Pub. L. 109–59, §3032(2), (3), redesignated subsec. (h) as (i) and struck out heading and text of former subsec. (i). Text read as follows: "The Secretary of Housing and Urban Development shall—
"(1) carry out section 5312(a) and (b)(1) of this title related to—
"(A) urban transportation systems and planned development of urban areas; and
"(B) the role of transportation planning in overall urban planning; and
"(2) advise and assist the Secretary of Transportation in making findings under section 5323(a)(1)(A) of this title."
Subsecs. (k), (l). Pub. L. 109–59, §3032(6), added subsecs. (k) and (l).
1998—Pub. L. 105–178, §3025(b)(1), inserted "provisions" after "Administrative" in section catchline.
Subsec. (a)(10). Pub. L. 105–178, §3025(a), added par. (10).
Subsec. (b)(4). Pub. L. 105–178, §3023(c), substituted "5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)" for "5323(a)(2), (c) and (e), 5324(c), and 5325 of this title".
Subsec. (g)(4). Pub. L. 105–178, §3025(c), added par. (4).
1996—Subsec. (b)(1). Pub. L. 104–287 substituted "Transportation and Infrastructure" for "Public Works and Transportation".
Subsec. (c)(2). Pub. L. 104–316 substituted "for" for "the Comptroller General shall".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
1 So in original. Probably should be followed by "of".
§5335. National transit database
(a)
(b)
(c)
(1) any information relating to a transit asset inventory or condition assessment conducted by the recipient;
(2) any data on assaults on transit workers of the recipients; and
(3) any data on fatalities that result from an impact with a bus.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 838; Pub. L. 104–287, §5(9), (18), Oct. 11, 1996, 110 Stat. 3389, 3390; Pub. L. 104–316, title I, §127(b), Oct. 19, 1996, 110 Stat. 3840; Pub. L. 105–178, title III, §3026, June 9, 1998, 112 Stat. 365; Pub. L. 109–59, title III, §§3002(b)(4), 3033(a), Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 112–141, div. B, §§20025(a), 20030(j), July 6, 2012, 126 Stat. 718, 731; Pub. L. 117–58, div. C, §30014, Nov. 15, 2021, 135 Stat. 910.)
In subsection (a), the text of 49 App.:1608(j) is omitted as superseded by 31:ch. 75.
In subsection (a)(1), the words "by January 10, 1977" are omitted as executed. The word "maintain" is substituted for "develop, test, and prescribe" for clarity. The text of 49 App.:1611(a) (3d and 4th sentences) is omitted as executed. The words "or data as he deems" and "public or private" are omitted as surplus.
In subsection (a)(2), the words "After July 1, 1978" are omitted as executed. The reference to 49 App.:1604 is omitted as obsolete. The words "for such grant", "or organization", "each . . . both", and "prescribed under subsection (a) of this section" are omitted as surplus.
In subsection (b)(1), the words "commitments, and reservations" are omitted as surplus.
In subsection (b)(2) and (3), the words "uncommitted, and unreserved" are omitted as surplus.
In subsection (b)(3) and (5), the words "last day" are substituted for "close" for consistency.
In subsection (b)(4), the words "a listing of" are omitted as surplus.
In subsection (b)(5), the words "a status report on all" are omitted as surplus.
In subsection (b)(6), the words "a status report on", "a letter of credit or other", and "already" are omitted as surplus.
In subsection (d), before clause (1), the words "the transferability provisions of" are omitted as surplus.
Pub. L. 104–287, §5(18)
This amends 49:5335(d)(2)(B) to amend an erroneous cross-reference.
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–58, §30014(1), inserted "geographic service area coverage," after "operating," in first sentence.
Subsec. (c). Pub. L. 117–58, §30014(2), added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "The recipient of a grant under this chapter shall report to the Secretary, for inclusion in the National Transit Database, any information relating to a transit asset inventory or condition assessment conducted by the recipient."
2012—Subsec. (a). Pub. L. 112–141, §§20025(a)(1), 20030(j), struck out "of Transportation" after "the Secretary" and substituted "public transportation financial, operating, and asset condition information" for "public transportation financial and operating information".
Subsec. (c). Pub. L. 112–141, §20025(a)(2), added subsec. (c).
2005—Pub. L. 109–59, §3033(a), substituted "National transit database" for "Reports and audits" in section catchline, redesignated pars. (1) and (2) of subsec. (a) as subsecs. (a) and (b), respectively, inserted subsec. (b) heading, substituted "The Secretary may award a grant under section 5307 or 5311" for "The Secretary may make a grant under section 5307 of this title" in subsec. (b), and struck out former subsec. (b) which related to submission of a report in January- 1993, on carrying out former section 5307(b)(5) of this title.
Subsec. (a)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing.
1998—Subsec. (a). Pub. L. 105–178, §3026(a)(1), substituted "National Transit Database" for "Reporting System and Uniform System of Accounts and Records" in heading.
Subsec. (a)(1). Pub. L. 105–178, §3026(a)(2), substituted "using uniform categories" for "by uniform categories," and "and using a uniform system of accounts" for "and a uniform system of accounts and records".
Subsecs. (b) to (d). Pub. L. 105–178, §3026(b), redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c) which related to quarterly reports and biennial needs report, respectively.
1996—Subsec. (b). Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation" in introductory provisions.
Subsec. (c). Pub. L. 104–316 struck out "and in January of every 2d year after 1993" after "In January 1993" in introductory provisions.
Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation" in introductory provisions.
Subsec. (d). Pub. L. 104–316 struck out "and in January of every 2d year after 1993" after "In January 1993" in introductory provisions.
Pub. L. 104–287, §5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation" in introductory provisions.
Subsec. (d)(2)(B). Pub. L. 104–287, §5(18), substituted "Americans with Disabilities Act" for "Americans With Disabilities Act".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Data Accuracy and Reliability
Pub. L. 112–141, div. B, §20025(b), July 6, 2012, 126 Stat. 718, provided that: "The Secretary [of Transportation] shall—
"(1) develop and implement appropriate internal control activities to ensure that public transportation safety incident data is reported accurately and reliably by public transportation systems and State safety oversight agencies to the State Safety Oversight Rail Accident Database; and
"(2) report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 1 year of enactment of the Federal Public Transportation Act of 2012 [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways] on the steps taken to improve the accuracy and reliability of public transportation safety incident data reported to the State Safety Oversight Rail Accident Database."
§5336. Apportionment of appropriations for formula grants
(a)
(1) 9.32 percent shall be apportioned each fiscal year only in urbanized areas with a population of less than 200,000 so that each of those areas is entitled to receive an amount equal to—
(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent decennial census; and
(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal year only in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section.
(b)
(2) Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and
(ii) 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(B) 4.39 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) the number of fixed guideway vehicle passenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in an area; divided by
(ii) the total number of fixed guideway vehicle passenger miles traveled multiplied by the total number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in all areas.
An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional route miles, and passengers served on those miles, in an urbanized area with a population of less than 200,000, where the miles and passengers served otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable to the governmental authority in the State in which the urbanized area with a population of less than 200,000 is located. The authority is deemed an urbanized area with a population of at least 200,000 if the authority makes a contract for the service.
(D) A recipient's apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders.
(E) For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area.
(c)
(1) 90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 1,000,000 is entitled to receive an amount equal to—
(i) 50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas;
(ii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown in the most recent decennial census; and
(iii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.
(B) 26.61 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 200,000 but not more than 999,999 is entitled to receive an amount equal to—
(i) 50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas;
(ii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the most recent decennial census; and
(iii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.
(2) 9.2 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(A) the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in an area; divided by
(B) the total number of bus passenger miles traveled multiplied by the total number of bus passenger miles traveled for each dollar of operating cost in all areas.
(d)
(1) apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and
(2) publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.
(e)
(f)
(2) The Governor of a State may transfer any part of the State's apportionment under section 5311(c)(3)1 to supplement amounts apportioned to the State under subsection (a)(1) of this section.
(3) The Governor of a State may use throughout the State amounts of a State's apportionment remaining available for obligation at the beginning of the 90-day period before the period of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment under this section to the Governor of a State. The Governor shall distribute the transferred amounts to urbanized areas under this section.
(5) Capital and operating assistance limitations applicable to the original apportionment apply to amounts transferred under this subsection.
(g)
(h)
(1) $30,000,000 shall be set aside each fiscal year to carry out section 5307(h);
(2) 3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j);
(3) of amounts not apportioned under paragraphs (1) and (2), 3 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);
(4) 0.75 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and
(5) any amount not apportioned under paragraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).
(i)
(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)
(j)
(1) 75 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that—
(A) the number of eligible low-income individuals in each such urbanized area; bears to
(B) the number of eligible low-income individuals in all such urbanized areas.
(2) 25 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of less than 200,000 in the ratio that—
(A) the number of eligible low-income individuals in each such urbanized area; bears to
(B) the number of eligible low-income individuals in all such urbanized areas.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 840; Pub. L. 104–287, §5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §§3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373; Pub. L. 109–59, title III, §§3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 110–244, title II, §201(l), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, §20026, July 6, 2012, 126 Stat. 719; Pub. L. 113–159, title I, §1202, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, §1202, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, §1202, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, §1202, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, §1202, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, §3014, Dec. 4, 2015, 129 Stat. 1478; Pub. L. 117–58, div. C, §§30001(b)(3), 30015(a), (b)(1), Nov. 15, 2021, 135 Stat. 890, 910.)
| 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.
Pub. L. 104–287
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).
Editorial Notes
References in Text
Section 5311(c)(3), referred to in subsec. (f)(1), (2), was redesignated section 5311(c)(4) by Pub. L. 117–58, div. C, §30006(1)(A), Nov. 15, 2021, 135 Stat. 900.
Amendments
2021—Subsec. (e). Pub. L. 117–58, §30001(b)(3), struck out ", as defined in section 5302(4)" after "designated recipient".
Subsec. (h)(3). Pub. L. 117–58, §30015(a), substituted "paragraphs (1) and (2), 3 percent" for "paragraphs (1) and (2)—
"(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and
"(B) for fiscal years 2019 and 2020, 2 percent".
Subsec. (h)(4). Pub. L. 117–58, §30015(b)(1), substituted "0.75 percent" for "0.5 percent".
2015—Subsec. (a). Pub. L. 114–94, §3014(1), substituted "subsection (h)(5)" for "subsection (h)(4)" in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 114–94, §3014(2), substituted "27 percent" for "22.27 percent".
Subsec. (h)(1). Pub. L. 114–94, §3014(3)(A), added par. (1) and struck out former par. (1), which read as follows: "$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);".
Pub. L. 114–87 substituted "and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73 substituted "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41 substituted "for each fiscal year ending before October 1, 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each fiscal year ending before October 1, 2014, and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21 substituted "and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (h)(3). Pub. L. 114–94, §3014(3)(B), added par. (3) and struck out former par. (3), which read as follows: "of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);".
2014—Subsec. (h)(1). Pub. L. 113–159 inserted "for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be set aside".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k).
2008—Subsec. (a). Pub. L. 110–244, §201(l)(1)(A), in introductory provisions, substituted "Of the amount apportioned under subsection (i)(2) to carry out section 5307—" for "Of the amount apportioned under subsection (i)(2)—".
Subsec. (a)(2). Pub. L. 110–244, §201(l)(2), amended Pub. L. 109–59, §3034(d)(2). See 2005 Amendment note below.
Subsec. (c). Pub. L. 110–244, §201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
Subsec. (d)(1). Pub. L. 110–244, §201(l)(1)(B), substituted "subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338" for "subsections (a) and (h)(2) of section 5338".
Subsec. (k). Pub. L. 110–244, §201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
2005—Subsec. (a). Pub. L. 109–59, §3034(d)(1), which directed amendment of subsec. (a) by substituting "to carry out section 5307" for "of this title", could not be executed because of prior amendment by Pub. L. 109–59, §3034(a)(4). See below.
Pub. L. 109–59, §3034(a)(4), substituted "Of the amount apportioned under subsection (i)(2)" for "Of the amount made available or appropriated under section 5338(a) of this title" in introductory provisions.
Subsec. (a)(2). Pub. L. 109–59, §3034(d)(2), as amended by Pub. L. 110–244, §201(l)(2), inserted before period at end ", except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations".
Subsec. (b)(1). Pub. L. 109–59, §3034(d)(3), inserted "and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations" before period at end.
Subsec. (c). Pub. L. 109–59, §3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.
Subsecs. (d) to (f). Pub. L. 109–59, §3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: "[Reserved.]".
Subsec. (g). Pub. L. 109–59, §3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).
Subsec. (g)(1). Pub. L. 109–59, §3002(b)(4), substituted "public transportation" for "mass transportation".
Subsec. (h). Pub. L. 109–59, §3034(d)(4), substituted "a grant made with funds apportioned under" for "a grant made under" in two places.
Pub. L. 109–59, §3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: "If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive."
Subsec. (i). Pub. L. 109–59, §3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).
Subsec. (j). Pub. L. 109–59, §3034(b), added subsec. (j). Former subsec. (j) redesignated (h).
Subsec. (k). Pub. L. 109–59, §3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: "An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—
"(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and
"(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area."
1998—Pub. L. 105–178, §3027(a), substituted "formula grants" for "block grants" in section catchline.
Subsec. (a). Pub. L. 105–178, §3029(b)(10), substituted "5338(a) of this title" for "5338(f) of this title" in introductory provisions.
Subsec. (d). Pub. L. 105–178, §3027(b), amended subsec. (d) generally, substituting "[Reserved.]" for former provisions relating to operating assistance.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(11), substituted "subsections (a) and (h)(2) of section 5338" for "section 5338(f)".
1996—Subsec. (b)(2)(A), (B). Pub. L. 104–287, §5(19)(A), inserted at end "An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph."
Subsec. (b)(2)(C) to (E). Pub. L. 104–287, §5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: "An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection."
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Pub. L. 117–58, div. C, §30015(b)(2), Nov. 15, 2021, 135 Stat. 910, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to fiscal year 2022 and each fiscal year thereafter."
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 2008 Amendment
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.
Effective Date of 1996 Amendment
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.
Urbanized Area Formula Study
Pub. L. 105–178, title III, §3033, June 9, 1998, 112 Stat. 386, required the Secretary of Transportation to conduct a study on the success of the formula used to apportion funds to urbanized areas and to submit a report no later than Dec. 31, 1999.
1 See References in Text note below.
§5337. State of good repair grants
(a)
(1)
(A) using and occupying a separate right-of-way for the exclusive use of public transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(2)
(3)
(4)
(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(B) the recipient certifies that the recipient complies with the rule issued under section 5326(d).
(b)
(1)
(A) rolling stock;
(B) track;
(C) line equipment and structures;
(D) signals and communications;
(E) power equipment and substations;
(F) passenger stations and terminals;
(G) security equipment and systems;
(H) maintenance facilities and equipment;
(I) operational support equipment, including computer hardware and software;
(J) development and implementation of a transit asset management plan; and
(K) other replacement and rehabilitation projects the Secretary determines appropriate.
(2)
(c)
(1)
(2)
(A)
(B)
(C)
(3)
(A)
(B)
(C)
(4)
(A)
(B)
(5)
(6)
(A)
(B)
(7)
(d)
(1)
(2)
(3)
(A)
(B)
(C)
(4)
(5)
(e)
(1)
(2)
(A) in cash from non-Government sources;
(B) from revenues derived from the sale of advertising and concessions; or
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
(f)
(1)
(2)
(3)
(4)
(A) the size of the rail system of the applicant;
(B) the amount of funds available to the applicant under this subsection;
(C) the age and condition of the rail rolling stock of the applicant that has exceeded or will exceed the useful service life of the rail rolling stock in the 5-year period following the grant; and
(D) whether the applicant has identified replacement of the rail vehicles as a priority in the investment prioritization portion of the transit asset management plan of the recipient pursuant to part 625 of title 49, Code of Federal Regulations (or successor regulations).
(5)
(6)
(7)
(A)
(B)
(i) establish the terms of participation by the Federal Government in the project; and
(ii) establish the maximum amount of Federal financial assistance for the project that may be provided through grant payments to be provided in not more than 3 consecutive fiscal years.
(C)
(i) shall obligate an amount of available budget authority specified in law; and
(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
(D)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103–429, §6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102–240, title III, §3049(b), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX, §9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 109–59, title III, §3035(a), Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, §201(m), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, §435, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322, title II, §2305, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, §305, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §135, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, §305, Mar. 30, 2012, 126 Stat. 277; Pub. L. 112–140, title III, §305, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, §20027, div. G, title III, §113005, July 6, 2012, 126 Stat. 723, 985; Pub. L. 114–94, div. A, title III, §3015, Dec. 4, 2015, 129 Stat. 1478; Pub. L. 117–58, div. C, §30016, Nov. 15, 2021, 135 Stat. 911.)
| 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.
Pub. L. 103–429
This amends 49:5337(a)(4) to correct an erroneous cross-reference.
Editorial Notes
References in Text
Section 5338, referred to in subsecs. (c)(1) and (d)(2), was amended generally by Pub. L. 117–58, div. C, §30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(K) no longer relates to allocations of funds to carry out this section, but such provision can be found elsewhere in section 5338.
The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (c)(2)(B), (4)(B), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.
Section 3028(a) of the Transportation Equity Act for the 21st Century (Public Law 105–178; 112 Stat. 366), referred to in subsec. (c)(6)(B), amended generally subsec. (a) of this section. See 1998 Amendment note below.
Amendments
2021—Subsec. (f). Pub. L. 117–58 added subsec. (f).
2015—Subsec. (c)(1). Pub. L. 114–94, §3015(b)(1), substituted "5338(a)(2)(K)" for "5338(a)(2)(I)".
Subsec. (c)(2)(B). Pub. L. 114–94, §3015(a)(1), inserted "the provisions of" before "section 5336(b)(1)".
Subsec. (d)(2). Pub. L. 114–94, §3015(a)(2)(A), (b)(2), substituted "5338(a)(2)(K)" for "5338(a)(2)(I)" and inserted "vehicle" after "motorbus".
Subsec. (d)(5). Pub. L. 114–94, §3015(a)(2)(B), added par. (5).
Subsec. (e). Pub. L. 114–94, §3015(a)(3), added subsec. (e).
2012—Pub. L. 112–141, §20027, amended section generally. Prior to amendment, section related to apportionment based on fixed guideway factors.
Subsec. (g). Pub. L. 112–141, §113005, struck out subsec. (g). Text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on June 30, 2012, in accordance with subsection (a), except that the Secretary shall apportion 75 percent of each dollar amount specified in subsection (a)."
Pub. L. 112–140, §§1(c), 305, temporarily amended subsec. (g) generally, enacting similar provisions but directing the Secretary to apportion 76 percent of each dollar amount specified in subsec. (a) for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on March 31, 2012, in accordance with subsection (a), except that the Secretary shall apportion 50 percent of each dollar amount specified in subsection (a)."
2011—Subsec. (a). Pub. L. 112–30, §135(1), substituted "2012" for "2011" in introductory provisions.
Pub. L. 112–5, §305(1), substituted "2011" for "2010" in introductory provisions.
Subsec. (g). Pub. L. 112–30, §135(2), added subsec. (g).
Pub. L. 112–5, §305(2), struck out subsec. (g). Text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending March 4, 2011, in accordance with subsection (a), except that the Secretary shall apportion 155/365ths of each dollar amount specified in subsection (a)."
2010—Subsec. (a). Pub. L. 111–147, §435(1), substituted "2010" for "2009" in introductory provisions.
Subsec. (g). Pub. L. 111–322 amended subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a)."
Pub. L. 111–147, §435(2), added subsec. (g).
2008—Subsec. (a). Pub. L. 110–244 substituted "for each of fiscal years 2005 through 2009" for "for each of fiscal years 1998 through 2003" in introductory provisions.
2005—Pub. L. 109–59, §3035(a)(1), substituted "Apportionment based on fixed guideway factors" for "Apportionment of appropriations for fixed guideway modernization" in section catchline.
Subsec. (f). Pub. L. 109–59, §3035(a)(2), added subsec. (f).
2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, §3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted "(e)(1)" for "(e)", in par. (3)(D), substituted "(2)(B)" for "(2)(B)(ii)" and "(e)(1)" for "(e)", in par. (4), substituted "(e)(1)" for "(e)", and in pars. (5) to (7), substituted "(e)(2)" for "(e)" wherever appearing.
Pub. L. 105–178, §3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, §3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(12), which directed substitution of "subsections (b) and (h)(4) of section 5338" for "section 5338(f)", could not be executed because "section 5338(f)" does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, §3049(b)(1), as added by Pub. L. 105–130, inserted "and for the period of October 1, 1997, through March 31, 1998," after "1997," in introductory provisions.
Subsec. (e). Pub. L. 102–240, §3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted "section 5336(b)(2)(A) of this title" for "section 5336(B)(2)(A)".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective and Termination Dates of 2012 Amendment
Amendment by section 20027 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113005 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1994 Amendment
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.
Special Rule for Partial Fiscal Year Funding
Pub. L. 108–310, §8(b), Sept. 30, 2004, 118 Stat. 1154, provided for pro rata apportionment for fixed guideway modernization to reflect partial fiscal year 2005 funding.
Pub. L. 108–88, §8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Pub. L. 108–202, §9(b), Feb. 29, 2004, 118 Stat. 485; Pub. L. 108–224, §7(b), Apr. 30, 2004, 118 Stat. 633; Pub. L. 108–263, §7(b), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, §7(b), July 30, 2004, 118 Stat. 882.
1 See References in Text note below.
§5338. Authorizations
(a)
(1)
(A) $13,355,000,000 for fiscal year 2022;
(B) $13,634,000,000 for fiscal year 2023;
(C) $13,990,000,000 for fiscal year 2024;
(D) $14,279,000,000 for fiscal year 2025; and
(E) $14,642,000,000 for fiscal year 2026.
(2)
(A) $184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305;
(B) $13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112–141);
(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;
(D) $371,247,094 for fiscal year 2022, $379,002,836 for fiscal year 2023, $388,899,052 for fiscal year 2024, $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal year 2026 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310;
(E) $4,605,014 for fiscal year 2022, $4,701,218 for fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624 for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114–94);
(F) $875,289,555 for fiscal year 2022, $893,575,275 for fiscal year 2023, $916,907,591 for fiscal year 2024, $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal year 2026 shall be available to provide financial assistance for rural areas under section 5311;
(G) $36,840,115 for fiscal year 2022, $37,609,743 for fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993 for fiscal year 2025, and $40,390,337 for fiscal year 2026 shall be available to carry out section 5312, of which—
(i) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available to carry out section 5312(h); and
(ii) $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available to carry out section 5312(i);
(H) $11,841,465 for fiscal year 2022, $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 shall be available to carry out section 5314, of which $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c);
(I) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available for bus testing under section 5318;
(J) $131,000,000 for fiscal year 2022, $134,930,000 for fiscal year 2023, $138,977,900 for fiscal year 2024, $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal year 2026 shall be available to carry out section 5334;
(K) $5,262,874 for fiscal year 2022, $5,372,820 for fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999 for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall be available to carry out section 5335;
(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037 for fiscal year 2023, $3,680,934,484 for fiscal year 2024, $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for fiscal year 2026 shall be available to carry out section 5337, of which $300,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5337(f);
(M) $603,992,657 for fiscal year 2022, $616,610,699 for fiscal year 2023, $632,711,140 for fiscal year 2024, $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal year 2026 shall be available for the bus and buses facilities program under section 5339(a);
(N) $447,257,433 for fiscal year 2022, $456,601,111 for fiscal year 2023, $468,523,511 for fiscal year 2024, $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal year 2026 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $71,561,189 for fiscal year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for fiscal year 2024, $76,512,334 for fiscal year 2025, and $78,457,427 for fiscal year 2026 shall be available to carry out section 5339(c); and
(O) $741,042,792 for fiscal year 2022, $756,523,956 for fiscal year 2023, $776,277,698 for fiscal year 2024, $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal year 2026, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which—
(i) $392,752,680 for fiscal year 2022, $400,957,696 for fiscal year 2023, $411,427,180 for fiscal year 2024, $419,926,283 for fiscal year 2025, and $430,601,628 for fiscal year 2026 shall be for growing States under section 5340(c); and
(ii) $348,290,112 for fiscal year 2022, $355,566,259 for fiscal year 2023, $364,850,518 for fiscal year 2024, $372,387,459 for fiscal year 2025, and $381,854,274 for fiscal year 2026 shall be for high density States under section 5340(d).
(b)
(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) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432; 126 Stat. 4968).1
(E) 0.5 percent of amounts made available to carry out section 5310.
(F) 0.5 percent of amounts made available to carry out section 5311.
(G) 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329.
(H) 0.75 percent of amounts made available to carry out section 5339.
(2)
(A) Activities to oversee the construction of a major capital project.
(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter.
(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.
(D) Activities to carry out section 5334.
(3)
(4)
(d)
(1)
(2)
(e)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 845; Pub. L. 104–287, §5(20), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 102–240, §3049(c), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3029(a), (c), June 9, 1998, 112 Stat. 368; Pub. L. 105–206, title IX, §9009(q), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(c), (e)–(g), (i), (k), Sept. 30, 2003, 117 Stat. 1121–1124; Pub. L. 108–202, §9(c), (e)–(g), (i), (k), Feb. 29, 2004, 118 Stat. 485–487; Pub. L. 108–224, §7(c), (e)–(g), (i), (k), Apr. 30, 2004, 118 Stat. 633–636; Pub. L. 108–263, §7(c), (e)–(g), (i), (k), June 30, 2004, 118 Stat. 704–707; Pub. L. 108–280, §7(c), (e)–(g), (i), (k), July 30, 2004, 118 Stat. 882–884; Pub. L. 108–310, §8(c), (e)–(g), (i), (k), Sept. 30, 2004, 118 Stat. 1154–1157; Pub. L. 109–14, §7(b), (d)–(f), (h), (j), May 31, 2005, 119 Stat. 331–333; Pub. L. 109–20, §7(b), (d)–(f), (h), (j), July 1, 2005, 119 Stat. 353–355; Pub. L. 109–35, §7(b), (d)–(f), (h), (j), July 20, 2005, 119 Stat. 386–388; Pub. L. 109–37, §7(b), (d)–(f), (h), (j), July 22, 2005, 119 Stat. 401–403; Pub. L. 109–40, §7(b), (d)–(f), (h), (j), July 28, 2005, 119 Stat. 417–419; Pub. L. 109–42, §5(a), July 30, 2005, 119 Stat. 436; Pub. L. 109–59, title III, §3036, Aug. 10, 2005, 119 Stat. 1629; Pub. L. 110–244, title II, §201(n), June 6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV, §436, Mar. 18, 2010, 124 Stat. 90; Pub. L. 111–322, title II, §2306, Dec. 22, 2010, 124 Stat. 3528; Pub. L. 112–5, title III, §306, Mar. 4, 2011, 125 Stat. 19; Pub. L. 112–30, title I, §136, Sept. 16, 2011, 125 Stat. 352; Pub. L. 112–102, title III, §306, Mar. 30, 2012, 126 Stat. 278; Pub. L. 112–140, title III, §306, June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div. B, §20028, div. G, title III, §113006, July 6, 2012, 126 Stat. 726, 985; Pub. L. 113–159, title I, §1203, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, §1203, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, §1203, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, §1203, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, §1203, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, §3016, Dec. 4, 2015, 129 Stat. 1479; Pub. L. 117–58, div. C, §30017, Nov. 15, 2021, 135 Stat. 912.)
| 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.
Pub. L. 104–287
This amends 49:5338(g)(2) to correct an erroneous cross-reference.
Editorial Notes
References in Text
Section 20005(b) of the Federal Public Transportation Act of 2012, referred to in subsec. (a)(1), (2)(B), is section 20005(b) of Pub. L. 112–141, which is set out as a note under section 5303 of this title.
Section 3006(b) of the Federal Public Transportation Act of 2015, referred to in subsec. (a)(1), (2)(E), is section 3006(b) of Pub. L. 114–94, which is set out as a note under section 5310 of this title.
Section 3005(b) of the Federal Public Transportation Act of 2015, referred to in subsec. (b), is section 3005(b) of Pub. L. 114–94, which is set out as a note under section 5309 of this title.
Section 601 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (c)(1)(D), is section 601 of div. B of Pub. L. 110–432, Oct. 16, 2008, 122 Stat. 4968, which is not classified to the Code.
Amendments
2021—Pub. L. 117–58 amended section generally, substituting provisions relating to fiscal years 2022 to 2026 for provisions relating to fiscal years 2016 to 2020.
2015—Pub. L. 114–94 amended section generally, substituting provisions relating to fiscal years 2016 to 2020 for provisions relating to fiscal years 2013 to 2015.
Subsec. (a)(1). Pub. L. 114–87, §1203(a)(1), substituted "and $1,526,434,426 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(a)(1), substituted "and $1,197,663,934 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(a)(1), substituted "$8,595,000,000 for fiscal year 2015, and $681,024,590 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $7,158,575,342 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(a)(1), substituted "and $7,158,575,342 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $5,722,150,685 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (a)(2)(A). Pub. L. 114–87, §1203(a)(2)(A), substituted "and $22,874,317 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(A), substituted "and $17,947,541 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(A), substituted "$128,800,000 for fiscal 2015, and $10,205,464 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $107,274,521 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(A), substituted "and $107,274,521 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $85,749,041 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(B). Pub. L. 114–87, §1203(a)(2)(B), substituted "and $1,775,956 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(B), substituted "and $1,393,443 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(B), substituted "for each of fiscal years 2013 through 2015 and $792,350 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "for each of fiscal years 2013 and 2014 and $8,328,767 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(B), substituted "and $8,328,767 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $6,657,534 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(C). Pub. L. 114–87, §1203(a)(2)(C), substituted "and $791,836,749 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(C), substituted "and $621,287,295 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(C), substituted "$4,458,650,000 for fiscal year 2015, and $353,281,011 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $3,713,505,753 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(C), substituted "and $3,713,505,753 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $2,968,361,507 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(D). Pub. L. 114–87, §1203(a)(2)(D), substituted "and $45,872,951 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(D), substituted "and $35,992,623 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(D), substituted "$258,300,000 for fiscal year 2015, and $20,466,393 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $215,132,055 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(D), substituted "and $215,132,055 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $171,964,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(E). Pub. L. 114–87, §1203(a)(2)(E), substituted "and $107,942,623 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015,", "and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,", and "and $3,551,913 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(E), substituted "and $84,693,443 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015,", "and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,", and "and $2,786,885 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(E), substituted "$607,800,000 for fiscal year 2015, and $48,159,016 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $506,222,466 for the period beginning on October 1, 2014, and ending on July 31, 2015,", "$30,000,000 for fiscal year 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,", and "$20,000,000 for fiscal year 2015, and $1,584,699 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $16,657,534 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(E), substituted "and $506,222,466 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $404,644,932 for the period beginning on October 1, 2014, and ending on May 31, 2015,", "and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,", and "and $16,657,534 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $13,315,068 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(F). Pub. L. 114–87, §1203(a)(2)(F), substituted "and $532,787 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(F), substituted "and $418,033 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(F), substituted "each of fiscal years 2013 through 2015 and $237,705 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $2,498,630 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(F), substituted "and $2,498,630 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(G). Pub. L. 114–87, §1203(a)(2)(G), substituted "and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(G), substituted "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(G), substituted "each of fiscal years 2013 through 2015 and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(G), substituted "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(H). Pub. L. 114–87, §1203(a)(2)(H), substituted "and $683,743 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(H), substituted "and $536,475 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $305,055 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(H), substituted "each of fiscal years 2013 through 2015 and $305,055 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $3,206,575 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(H), substituted "and $3,206,575 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $2,563,151 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(I). Pub. L. 114–87, §1203(a)(2)(I), substituted "and $384,654,372 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $301,805,738 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(I), substituted "and $301,805,738 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $171,615,027 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(I), substituted "$2,165,900,000 for fiscal year 2015, and $171,615,027 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $1,803,927,671 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(I), substituted "and $1,803,927,671 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $1,441,955,342 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(J). Pub. L. 114–87, §1203(a)(2)(J), substituted "and $75,975,410 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $59,611,475 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(J), substituted "and $59,611,475 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $33,896,721 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(J), substituted "$427,800,000 for fiscal year 2015, and $33,896,721 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $356,304,658 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(J), substituted "and $356,304,658 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $284,809,315 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (a)(2)(K). Pub. L. 114–87, §1203(a)(2)(K), substituted "and $93,397,541 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $73,281,148 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(a)(2)(K), substituted "and $73,281,148 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $41,669,672 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(a)(2)(K), substituted "$525,900,000 for fiscal year 2015, and $41,669,672 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "and $438,009,863 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(a)(2)(K), substituted "and $438,009,863 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $350,119,726 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (b). Pub. L. 114–87, §1203(b), substituted "and $12,431,694 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $9,754,098 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(b), substituted "and $9,754,098 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $5,546,448 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(b), substituted "$70,000,000 for fiscal year 2015, and $5,546,448 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $58,301,370 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(b), substituted "and $58,301,370 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $46,602,740 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (c). Pub. L. 114–87, §1203(c), substituted "and $1,243,169 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(c), substituted "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(c), substituted "$7,000,000 for fiscal year 2015, and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(c), substituted "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (d). Pub. L. 114–87, §1203(d), substituted "and $1,243,169 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(d), substituted "and $975,410 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(d), substituted "$7,000,000 for fiscal year 2015, and $554,645 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(d), substituted "and $5,830,137 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (e). Pub. L. 114–87, §1203(e), substituted "and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(e), substituted "and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(e), substituted "$5,000,000 for fiscal year 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(e), substituted "and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (g). Pub. L. 114–87, §1203(f), substituted "and $338,674,863 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $265,729,508 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(f), substituted "and $265,729,508 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $151,101,093 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(f), substituted "$1,907,000,000 for fiscal year 2015, and $151,101,093 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $1,558,295,890 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(f), substituted "and $1,558,295,890 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $1,269,591,781 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (h)(1). Pub. L. 114–87, §1203(g)(1), substituted "and $18,469,945 for the period beginning on October 1, 2015, and ending on December 4, 2015" for "and $14,491,803 for the period beginning on October 1, 2015, and ending on November 20, 2015".
Pub. L. 114–73, §1203(g)(1), substituted "and $14,491,803 for the period beginning on October 1, 2015, and ending on November 20, 2015" for "and $8,240,437 for the period beginning on October 1, 2015, and ending on October 29, 2015".
Pub. L. 114–41, §1203(g)(1), substituted "$104,000,000 for fiscal year 2015, and $8,240,437 for the period beginning on October 1, 2015, and ending on October 29, 2015" for "and $86,619,178 for the period beginning on October 1, 2014, and ending on July 31, 2015".
Pub. L. 114–21, §1203(g)(1), substituted "and $86,619,178 for the period beginning on October 1, 2014, and ending on July 31, 2015" for "and $69,238,356 for the period beginning on October 1, 2014, and ending on May 31, 2015".
Subsec. (h)(2). Pub. L. 114–87, §1203(g)(2), substituted "and not less than $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and not less than $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(g)(2), substituted "and not less than $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and not less than $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(g)(2), substituted "each of fiscal years 2013 through 2015 and not less than $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and not less than $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(g)(2), substituted "and not less than $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and not less than $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
Subsec. (h)(3). Pub. L. 114–87, §1203(g)(3), substituted "and not less than $177,596 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and not less than $139,344 for the period beginning on October 1, 2015, and ending on November 20, 2015,".
Pub. L. 114–73, §1203(g)(3), substituted "and not less than $139,344 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and not less than $79,235 for the period beginning on October 1, 2015, and ending on October 29, 2015,".
Pub. L. 114–41, §1203(g)(3), substituted "each of fiscal years 2013 through 2015 and not less than $79,235 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and not less than $832,877 for the period beginning on October 1, 2014, and ending on July 31, 2015,".
Pub. L. 114–21, §1203(g)(3), substituted "and not less than $832,877 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and not less than $665,753 for the period beginning on October 1, 2014, and ending on May 31, 2015,".
2014—Subsec. (a)(1). Pub. L. 113–159, §1203(a)(1), substituted ", $8,595,000,000 for fiscal year 2014, and $5,722,150,685 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $8,595,000,000 for fiscal year 2014".
Subsec. (a)(2)(A). Pub. L. 113–159, §1203(a)(2)(A), substituted ", $128,800,000 for fiscal year 2014, and $85,749,041 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $128,800,000 for fiscal year 2014".
Subsec. (a)(2)(B). Pub. L. 113–159, §1203(a)(2)(B), inserted "and $6,657,534 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(C). Pub. L. 113–159, §1203(a)(2)(C), substituted ", $4,458,650,000 for fiscal year 2014, and $2,968,361,507 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $4,458,650,000 for fiscal year 2014".
Subsec. (a)(2)(D). Pub. L. 113–159, §1203(a)(2)(D), substituted ", $258,300,000 for fiscal year 2014, and $171,964,110 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $258,300,000 for fiscal year 2014".
Subsec. (a)(2)(E). Pub. L. 113–159, §1203(a)(2)(E), substituted ", $607,800,000 for fiscal year 2014, and $404,644,932 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $607,800,000 for fiscal year 2014", ", $30,000,000 for fiscal year 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $30,000,000 for fiscal year 2014", and ", $20,000,000 for fiscal year 2014, and $13,315,068 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $20,000,000 for fiscal year 2014".
Subsec. (a)(2)(F). Pub. L. 113–159, §1203(a)(2)(F), inserted "and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(G). Pub. L. 113–159, §1203(a)(2)(G), inserted "and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(H). Pub. L. 113–159, §1203(a)(2)(H), inserted "and $2,563,151 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014".
Subsec. (a)(2)(I). Pub. L. 113–159, §1203(a)(2)(I), substituted ", $2,165,900,000 for fiscal year 2014, and $1,441,955,342 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $2,165,900,000 for fiscal year 2014".
Subsec. (a)(2)(J). Pub. L. 113–159, §1203(a)(2)(J), substituted ", $427,800,000 for fiscal year 2014, and $284,809,315 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $427,800,000 for fiscal year 2014".
Subsec. (a)(2)(K). Pub. L. 113–159, §1203(a)(2)(K), substituted ", $525,900,000 for fiscal year 2014, and $350,119,726 for the period beginning on October 1, 2014, and ending on May 31, 2015," for "and $525,900,000 for fiscal year 2014".
Subsec. (b). Pub. L. 113–159, §1203(b), substituted ", $70,000,000 for fiscal year 2014, and $46,602,740 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $70,000,000 for fiscal year 2014".
Subsec. (c). Pub. L. 113–159, §1203(c), substituted ", $7,000,000 for fiscal year 2014, and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $7,000,000 for fiscal year 2014".
Subsec. (d). Pub. L. 113–159, §1203(d), substituted ", $7,000,000 for fiscal year 2014, and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $7,000,000 for fiscal year 2014".
Subsec. (e). Pub. L. 113–159, §1203(e), substituted ", $5,000,000 for fiscal year 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $5,000,000 for fiscal year 2014".
Subsec. (g). Pub. L. 113–159, §1203(f), substituted ", $1,907,000,000 for fiscal year 2014, and $1,269,591,781 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $1,907,000,000 for fiscal year 2014".
Subsec. (h)(1). Pub. L. 113–159, §1203(g)(1), substituted ", $104,000,000 for fiscal year 2014, and $69,238,356 for the period beginning on October 1, 2014, and ending on May 31, 2015" for "and $104,000,000 for fiscal year 2014".
Subsec. (h)(2). Pub. L. 113–159, §1203(g)(2), inserted "for each of fiscal years 2013 and 2014 and not less than $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be available".
Subsec. (h)(3). Pub. L. 113–159, §1203(g)(3), inserted "for each of fiscal years 2013 and 2014 and not less than $665,753 for the period beginning on October 1, 2014, and ending on May 31, 2015," before "shall be available".
2012—Pub. L. 112–141, §20028, amended section generally. Prior to amendment, section related to authorizations and consisted of subsecs. (a) to (g).
Subsec. (b)(1)(G). Pub. L. 112–141, §113006(a)(1), added subpar. (G) and struck out former subpar. (G) which read as follows: "$6,270,423,750 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 306(a)(1), temporarily added subpar. (G), which made available $6,354,029,400 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012, and struck out former subpar. (G) which read as follows: "$6,270,423,750 for the period beginning on October 1, 2011, and ending on June 30, 2012." See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(1), added subpar. (G) and struck out former subpar. (G) which read as follows: "$4,180,282,500 for the period beginning on October 1, 2011, and ending on March 31, 2012."
Subsec. (b)(2)(A). Pub. L. 112–141, §113006(a)(2)(A), substituted "and $113,500,000 for each of fiscal years 2009 through 2012" for "$113,500,000 for each of fiscal years 2009 through 2011, and $85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(A), temporarily substituted "$86,260,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(A), substituted "$113,500,000 for each of fiscal years 2009 through 2011, and $85,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(B). Pub. L. 112–141, §113006(a)(2)(B), substituted "and $4,160,365,000 for each of fiscal years 2009 through 2012" for "$4,160,365,000 for each of fiscal years 2009 through 2011, and $3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(B), temporarily substituted "$3,161,877,400 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(B), substituted "$4,160,365,000 for each of fiscal years 2009 through 2011, and $3,120,273,750 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(C). Pub. L. 112–141, §113006(a)(2)(C), substituted "and $51,500,000 for each of fiscal years 2009 through 2012" for "$51,500,000 for each of fiscal years 2009 through 2011, and $38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(C), temporarily substituted "$39,140,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(C), substituted "$51,500,000 for each of fiscal years 2009 through 2011, and $38,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(D). Pub. L. 112–141, §113006(a)(2)(D), substituted "and $1,666,500,000 for each of fiscal years 2009 through 2012" for "$1,666,500,000 for each of fiscal years 2009 through 2011, and $1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(D), temporarily substituted "$1,266,540,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(D), substituted "$1,666,500,000 for each of fiscal years 2009 through 2011, and $1,249,875,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(E). Pub. L. 112–141, §113006(a)(2)(E), substituted "and $984,000,000 for each of fiscal years 2009 through 2012" for "$984,000,000 for each of fiscal years 2009 through 2011, and $738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(E), temporarily substituted "$747,840,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(E), substituted "$984,000,000 for each of fiscal years 2009 through 2011, and $738,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(F). Pub. L. 112–141, §113006(a)(2)(F), substituted "and $133,500,000 for each of fiscal years 2009 through 2012" for "$133,500,000 for each of fiscal years 2009 through 2011, and $100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(F), temporarily substituted "$101,460,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(F), substituted "$133,500,000 for each of fiscal years 2009 through 2011, and $100,125,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(G). Pub. L. 112–141, §113006(a)(2)(G), substituted "and $465,000,000 for each of fiscal years 2009 through 2012" for "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(G), temporarily substituted "$353,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(G), substituted "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(H). Pub. L. 112–141, §113006(a)(2)(H), substituted "and $164,500,000 for each of fiscal years 2009 through 2012" for "$164,500,000 for each of fiscal years 2009 through 2011, and $123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(H), temporarily substituted "$125,020,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(H), substituted "$164,500,000 for each of fiscal years 2009 through 2011, and $123,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(I). Pub. L. 112–141, §113006(a)(2)(I), substituted "and $92,500,000 for each of fiscal years 2009 through 2012" for "$92,500,000 for each of fiscal years 2009 through 2011, and $69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(I), temporarily substituted "$70,300,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(I), substituted "$92,500,000 for each of fiscal years 2009 through 2011, and $69,375,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(J). Pub. L. 112–141, §113006(a)(2)(J), substituted "and $26,900,000 for each of fiscal years 2009 through 2012" for "$26,900,000 for each of fiscal years 2009 through 2011, and $20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(J), temporarily substituted "$20,444,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(J), substituted "$26,900,000 for each of fiscal years 2009 through 2011, and $20,175,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(K). Pub. L. 112–141, §113006(a)(2)(K), substituted "for each of fiscal years 2006 through 2012" for "for each of fiscal years 2006 through 2011 and $2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(K), temporarily substituted "$2,660,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(K), substituted "for each of fiscal years 2006 through 2011 and $2,625,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "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,".
Subsec. (b)(2)(L). Pub. L. 112–141, §113006(a)(2)(L), substituted "for each of fiscal years 2006 through 2012" for "for each of fiscal years 2006 through 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(L), temporarily substituted "$19,000,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(L), substituted "for each of fiscal years 2006 through 2011 and $18,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "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,".
Subsec. (b)(2)(M). Pub. L. 112–141, §113006(a)(2)(M), substituted "and $465,000,000 for each of fiscal years 2009 through 2012" for "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(M), temporarily substituted "$353,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(M), substituted "$465,000,000 for each of fiscal years 2009 through 2011, and $348,750,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (b)(2)(N). Pub. L. 112–141, §113006(a)(2)(N), substituted "and $8,800,000 for each of fiscal years 2009 through 2012" for "$8,800,000 for each of fiscal years 2009 through 2011, and $6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,".
Pub. L. 112–140, §§1(c), 306(a)(2)(N), temporarily substituted "$6,688,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "$6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012,". See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(a)(2)(N), substituted "$8,800,000 for each of fiscal years 2009 through 2011, and $6,600,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "$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,".
Subsec. (c)(7). Pub. L. 112–141, §113006(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$1,466,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 306(b), temporarily amended par. (7) generally, authorizing $1,485,800,000 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$800,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012."
Subsec. (d)(1). Pub. L. 112–141, §113006(c)(1), substituted "through 2011, and $44,000,000 for fiscal year 2012," for "through 2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions.
Pub. L. 112–140, §§1(c), 306(c)(1), temporarily substituted "2011, and $33,440,000 for the period beginning on October 1, 2011, and ending on July 6, 2012," for "2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(c)(1), substituted "through 2011, and $33,000,000 for the period beginning on October 1, 2011, and ending on June 30, 2012," for "and 2010, $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," in introductory provisions.
Subsec. (d)(3). Pub. L. 112–141, §113006(c)(2), added par. (3) and struck out former par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to June 30, 2012.
Pub. L. 112–140, §§1(c), 306(c)(2), temporarily added par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to July 6, 2012, and temporarily struck out former par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to June 30, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(c)(2), added par. (3) and struck out former par. (3) which related to additional authorizations for research and the university centers program from Oct. 1, 2011, to Mar. 31, 2012.
Subsec. (e)(7). Pub. L. 112–141, §113006(d), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$74,034,750 for the period beginning on October 1, 2011, and ending on June 30, 2012."
Pub. L. 112–140, §§1(c), 306(d), temporarily amended par. (7) generally, authorizing $75,021,880 for the period beginning on Oct. 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102, §306(d), amended par. (7) generally. Prior to amendment, par. (7) read as follows: "$49,455,500 for the period beginning on October 1, 2011, and ending on March 31, 2012."
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, §306(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, §306(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, §306(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, §306(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)".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective and Termination Dates of 2012 Amendment
Amendment by section 20028 of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways.
Amendment by section 113006 of Pub. L. 112–141 effective July 1, 2012, see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
Effective Date of 1996 Amendment
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.
Obligation Ceiling
Pub. L. 114–94, div. A, title III, §3018, Dec. 4, 2015, 129 Stat. 1487, provided that: "Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by subsection (a) of section 5338 of title 49, United States Code, and section 3028 of the Federal Public Transportation Act of 2015 [section 3028 of Pub. L. 114–94, 129 Stat. 1495] shall not exceed—
"(1) $9,347,604,639 in fiscal year 2016;
"(2) $9,733,706,043 in fiscal year 2017;
"(3) $9,733,353,407 in fiscal year 2018;
"(4) $9,939,380,030 in fiscal year 2019; and
"(5) $10,150,348,462 in fiscal year 2020."
Allocations for National Research and Technology Programs
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; Pub. L. 112–102, title III, §307(f), Mar. 30, 2012, 126 Stat. 281; Pub. L. 112–140, title III, §307(f), June 29, 2012, 126 Stat. 402; Pub. L. 112–141, div. G, title III, §113007(f), July 6, 2012, 126 Stat. 988, which allocated amounts appropriated pursuant to former subsec. (d) of this section for various national research and technology programs, was repealed by Pub. L. 112–141, div. B, §20002(c)(5), July 6, 2012, 126 Stat. 622.
Adjustments for Surface Transportation Extension Act of 1997
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 former section 5337(a) of this title.
Training and Curriculum Development
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, specified how funds made available by former subsec. (e)(2)(C)(iii) of this section could be used by certain institutions for transportation research, training, and curriculum development.
Programs of Federal Transit Administration; Limitation on Obligations
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. Should be "122 Stat. 4968)." See References in Text note below.
§5339. Grants for buses and bus facilities
(a)
(1)
(A) the term "low or no emission vehicle" has the meaning given that term in subsection (c)(1);
(B) the term "State" means a State of the United States; and
(C) the term "territory" means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.
(2)
(A) to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and
(B) to construct bus-related facilities.
(3)
(A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and
(B) section 5311 shall apply to recipients of grants made in rural areas under this subsection.
(4)
(A)
(i) designated recipients that allocate funds to fixed route bus operators; or
(ii) State or local governmental entities that operate fixed route bus service.
(B)
(5)
(A)
(B)
(6)
(A)
(B)
(7)
(A)
(B)
(i) in cash from non-Government sources other than revenues from providing public transportation services;
(ii) from revenues derived from the sale of advertising and concessions;
(iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
(iv) from amounts received under a service agreement with a State or local social service agency or private social service organization; or
(v) from revenues generated from value capture financing mechanisms.
(8)
(9)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(10)
(A)
(B)
(b)
(1)
(A) replacing, rehabilitating, purchasing, or leasing buses or related equipment; and
(B) rehabilitating, purchasing, constructing, or leasing bus-related facilities.
(2)
(3)
(4)
(A) disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding availability in the Federal Register; and
(B) publish a summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection in the Federal Register.
(5)
(A)
(B)
(6)
(A)
(i) section 5307 for eligible recipients of grants made in urbanized areas; and
(ii) section 5311 for eligible recipients of grants made in rural areas.
(B)
(7)
(A) shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
(8)
(9)
(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 75 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
(10)
(A)
(B)
(11)
(A)
(B)
(c)
(1)
(A) the term "direct carbon emissions" means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
(B) the term "eligible project" means a project or program of projects in an eligible area for—
(i) acquiring low or no emission vehicles;
(ii) leasing low or no emission vehicles;
(iii) acquiring low or no emission vehicles with a leased power source;
(iv) constructing facilities and related equipment for low or no emission vehicles;
(v) leasing facilities and related equipment for low or no emission vehicles;
(vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or
(vii) rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles;
(C) the term "leased power source" means a removable power source, as defined in subsection (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section;
(D) the term "low or no emission bus" means a bus that is a low or no emission vehicle;
(E) the term "low or no emission vehicle" means—
(i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or
(ii) a zero emission vehicle used to provide public transportation;
(F) the term "recipient" means a designated recipient, a local governmental authority, or a State that receives a grant under this subsection for an eligible project; and
(G) the term "zero emission vehicle" means a low or no emission vehicle that produces no carbon or particulate matter.
(2)
(3)
(A)
(i) with respect to eligible recipients in urbanized areas, section 5307; and
(ii) with respect to eligible recipients in rural areas, section 5311.
(B)
(C)
(i)
(ii)
(D)
(i) demonstrates a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions;
(ii) addresses the availability of current and future resources to meet costs;
(iii) considers policy and legislation impacting technologies;
(iv) includes an evaluation of existing and future facilities and their relationship to the technology transition;
(v) describes the partnership of the applicant with the utility or alternative fuel provider of the applicant; and
(vi) examines the impact of the transition on the applicant's current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoids the displacement of the existing workforce.
(4)
(A) not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and
(B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of—
(i) 75 days after the date on which the solicitation expires; or
(ii) the end of the fiscal year in which the Secretary solicited the grant applications.
(5)
(A) shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and
(B) shall, for no less than 25 percent of the funds made available to carry out this subsection, only consider eligible projects related to the acquisition of low or no emission buses or bus facilities other than zero emission vehicles and related facilities.
(6)
(A) shall remain available to an eligible project for 3 fiscal years after the fiscal year for which the amount is made available; and
(B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year.
(7)
(A)
(B)
(8)
(A)
(B)
(d)
(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; Pub. L. 112–141, div. B, §20029(a), July 6, 2012, 126 Stat. 729; Pub. L. 113–159, title I, §1204, Aug. 8, 2014, 128 Stat. 1847; Pub. L. 114–21, title I, §1204, May 29, 2015, 129 Stat. 225; Pub. L. 114–41, title I, §1204, July 31, 2015, 129 Stat. 452; Pub. L. 114–73, title I, §1204, Oct. 29, 2015, 129 Stat. 575; Pub. L. 114–87, title I, §1204, Nov. 20, 2015, 129 Stat. 684; Pub. L. 114–94, div. A, title III, §3017(a), Dec. 4, 2015, 129 Stat. 1482; Pub. L. 117–58, div. C, §30018, Nov. 15, 2021, 135 Stat. 915.)
Editorial Notes
References in Text
Section 5338, referred to in subsec. (a)(5), was amended generally by Pub. L. 117–58, div. C, §30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(L) no longer relates to allocations of funds to carry out subsec. (a) of this section, but such provision can be found elsewhere in section 5338.
Section 3019 of the Federal Public Transportation Act of 2015, referred to in subsec. (c)(1)(C), is section 3019 of Pub. L. 114–94, which is set out as a note under section 5325 of this title.
Amendments
2021—Subsec. (a)(5)(A). Pub. L. 117–58, §30018(1)(A), substituted "$206,000,000 each fiscal year" for "$90,500,000 for each of fiscal years 2016 through 2020", "$4,000,000" for "$1,750,000", and "$1,000,000" for "$500,000".
Subsec. (a)(10). Pub. L. 117–58, §30018(1)(B), added par. (10).
Subsec. (b)(5). Pub. L. 117–58, §30018(2)(A), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: "Not less than 10 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas."
Subsec. (b)(9) to (11). Pub. L. 117–58, §30018(2)(B), added pars. (9) to (11).
Subsec. (c)(3)(A). Pub. L. 117–58, §30018(3)(A)(i), amended subpar. (A) generally. Prior to amendment, text read as follows: "A grant under this subsection shall be subject to the requirements of section 5307."
Subsec. (c)(3)(D). Pub. L. 117–58, §30018(3)(A)(ii), added subpar. (D).
Subsec. (c)(5). Pub. L. 117–58, §30018(3)(B), added par. (5) and struck out former par. (5), which required the Secretary to consider only certain eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities.
Subsec. (c)(8). Pub. L. 117–58, §30018(3)(C), added par. (8).
Subsec. (d). Pub. L. 117–58, §30018(4), added subsec. (d).
2015—Pub. L. 114–94 amended section generally, substituting provisions relating to grants for buses and bus facilities for provisions relating to bus and bus facilities formula grants.
Subsec. (d)(1). Pub. L. 114–87 substituted "and $11,632,514 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015,", "$221,994 for such period" for "$174,180 for such period", and "$88,798 for such period" for "$69,672 for such period".
Pub. L. 114–73 substituted "and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015,", "$174,180 for such period" for "$99,044 for such period", and "$69,672 for such period" for "$39,617 for such period".
Pub. L. 114–41 substituted "each of fiscal years 2013 through 2015 and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of fiscal years 2013 and 2014 and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015,", "$99,044 for such period" for "$1,041,096 for such period", and "$39,617 for such period" for "$416,438 for such period".
Pub. L. 114–21 substituted "and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015,", "$1,041,096 for such period" for "$832,192 for such period", and "$416,438 for such period" for "$332,877 for such period".
2014—Subsec. (d)(1). Pub. L. 113–159 inserted "for each of fiscal years 2013 and 2014 and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "$65,500,000", "for each such fiscal year and $832,192 for such period" after "$1,250,000", and "for each such fiscal year and $332,877 for such period" after "$500,000".
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to alternatives analysis program.
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."
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
1 See References in Text note below.
§5340. Apportionments based on growing States and high density States formula factors
(a)
(b)
(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; amended Pub. L. 114–94, div. A, title III, §3030(f), Dec. 4, 2015, 129 Stat. 1497.)
Editorial Notes
References in Text
Section 5338, referred to in subsec. (b), was amended generally by Pub. L. 117–58, div. C, §30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(N), which was probably intended instead of the reference in the original to "section 5338(b)(2)(N)", no longer relates to allocations of funds to carry out this section, but such provision can be found elsewhere in section 5338.
Amendments
2015—Subsec. (b). Pub. L. 114–94 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion—
"(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)."
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
CHAPTER 55—INTERMODAL TRANSPORTATION
SUBCHAPTER I—GENERAL
SUBCHAPTER II—TERMINALS
Editorial Notes
Amendments
2021—Pub. L. 117–58, div. B, title V, §§25013(b), 25020(c)(2), 25021(b), Nov. 15, 2021, 135 Stat. 869, 878, which directed amendment of analysis for subchapter I of this chapter by striking out item 5502 "Intermodal Transportation Advisory Board" and adding items 5506 and 5507 at the end, was executed to analysis for this chapter to reflect the probable intent of Congress.
2015—Pub. L. 114–94, div. A, title VI, §6015(b), Dec. 4, 2015, 129 Stat. 1571, struck out item 5503 "Office of Intermodalism".
2012—Pub. L. 112–141, div. E, title II, §§52009(b), 52010(b), July 6, 2012, 126 Stat. 887, added item 5505, struck out former item 5505 "National university transportation centers", and struck out item 5506 "University transportation research".
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.
SUBCHAPTER I—GENERAL
§5501. National Intermodal Transportation System policy
(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).
[§5502. Repealed. Pub. L. 117–58, div. B, title V, §25021(a), Nov. 15, 2021, 135 Stat. 878]
Section, 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, related to Intermodal Transportation Advisory Board.
[§5503. Repealed. Pub. L. 114–94, div. A, title VI, §6015(a), Dec. 4, 2015, 129 Stat. 1571]
Section, 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; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to the Office of Intermodalism.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§5504. Model intermodal transportation plans
(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. |
§5505. University transportation centers program
(a)
(1)
(2)
(A) to advance transportation expertise and technology in the varied disciplines that comprise the field of transportation through education, research, and technology transfer activities;
(B) to provide for a critical multimodal transportation knowledge base outside of the Department of Transportation; and
(C) to address critical workforce needs and educate the next generation of transportation leaders with respect to the matters described in subparagraphs (A) through (G) of section 6503(c)(1).
(b)
(1)
(2)
(A)
(B)
(3)
(4)
(A)
(B)
(i) the demonstrated ability of the recipient to address each specific topic area described in the research and strategic plans of the recipient;
(ii) the demonstrated research, technology transfer, and education resources available to the recipient to carry out this section;
(iii) the ability of the recipient to provide leadership in solving immediate and long-range national and regional transportation problems;
(iv) the ability of the recipient to carry out research, education, and technology transfer activities that are multimodal and multidisciplinary in scope;
(v) the demonstrated commitment of the recipient to carry out transportation workforce development programs through—
(I) degree-granting programs or programs that provide other industry-recognized credentials; and
(II) outreach activities to attract new entrants into the transportation field, including women and underrepresented populations;
(vi) the demonstrated ability of the recipient to disseminate results and spur the implementation of transportation research and education programs through national or statewide continuing education programs;
(vii) the demonstrated commitment of the recipient to the use of peer review principles and other research best practices in the selection, management, and dissemination of research projects;
(viii) the strategic plan submitted by the recipient describing the proposed research to be carried out by the recipient and the performance metrics to be used in assessing the performance of the recipient in meeting the stated research, technology transfer, education, and outreach goals; and
(ix) the ability of the recipient to implement the proposed program in a cost-efficient manner, such as through cost sharing and overall reduced overhead, facilities, and administrative costs.
(5)
(A)
(B)
(i) specific criteria of evaluation used in the review;
(ii) descriptions of the review process; and
(iii) explanations of the selected awards.
(6)
(c)
(1)
(2)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(I) section 504(b) of title 23; or
(II) section 505 of title 23.
(3)
(A)
(B)
(i) the criteria described in subsection (b)(4);
(ii) the location of the lead center within the Federal region to be served; and
(iii) whether the consortium of institutions demonstrates that the consortium has a well-established, nationally recognized program in transportation research and education, as evidenced by—
(I) recent expenditures by the institution in highway or public transportation research;
(II) a historical track record of awarding graduate degrees in professional fields closely related to highways and public transportation; and
(III) an experienced faculty who specialize in professional fields closely related to highways and public transportation.
(C)
(D)
(i)
(ii)
(I) section 504(b) of title 23; or
(II) section 505 of title 23.
(E)
(i)
(ii)
(4)
(A)
(B)
(i)
(ii)
(I) section 504(b) of title 23; or
(II) section 505 of title 23.
(C)
(d)
(1)
(A) coordinate the research, education, and technology transfer activities carried out by grant recipients under this section; and
(B) disseminate the results of that research through the establishment and operation of a publicly accessible online information clearinghouse.
(2)
(A) review and evaluate the programs carried out under this section by grant recipients; and
(B) make available to the public on a website of the Department of Transportation a report describing that review and evaluation.
(3)
(e)
(f)
(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; Pub. L. 112–141, div. E, title II, §52009(a), July 6, 2012, 126 Stat. 882; Pub. L. 114–94, div. A, title VI, §6016, Dec. 4, 2015, 129 Stat. 1571; Pub. L. 117–58, div. B, title V, §25017, Nov. 15, 2021, 135 Stat. 873.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (c)(1), probably means the date of enactment of Pub. L. 114–94, which amended this section generally and was approved Dec. 4, 2015.
Amendments
2021—Subsec. (a)(1). Pub. L. 117–58, §25017(1)(A), inserted "of Transportation, acting through the Assistant Secretary for Research and Technology (referred to in this section as the 'Secretary')," after "The Secretary".
Subsec. (a)(2)(B). Pub. L. 117–58, §25017(1)(B)(i), inserted "multimodal" after "critical".
Subsec. (a)(2)(C). Pub. L. 117–58, §25017(1)(B)(ii), inserted "with respect to the matters described in subparagraphs (A) through (G) of section 6503(c)(1)" after "transportation leaders".
Subsec. (b)(2)(A). Pub. L. 117–58, §25017(2)(A), substituted "as a lead institution under this section, except as provided in subparagraph (B)" for "for each of the transportation centers described under paragraphs (2), (3), and (4) of subsection (c)".
Subsec. (b)(4)(A). Pub. L. 117–58, §25017(2)(B)(i), substituted "described in subparagraphs (A) through (G) of section 6503(c)(1)" for "identified in chapter 65".
Subsec. (b)(4)(B). Pub. L. 117–58, §25017(2)(B)(ii), substituted "the heads of the modal administrations of the Department of Transportation," for "the Assistant Secretary for Research and Technology and the Administrator of the Federal Highway Administration and other modal administrations" in introductory provisions.
Subsec. (b)(5)(B). Pub. L. 117–58, §25017(2)(C), substituted "make available to the public on a website of the Department of Transportation" for "submit to the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate" in introductory provisions.
Subsec. (c)(3)(E). Pub. L. 117–58, §25017(3), added cl. (i), designated existing provisions as cl. (ii) and inserted heading, and inserted ", including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles" after "autonomous vehicles".
Subsec. (d)(2). Pub. L. 117–58, §25017(4)(A)(i), (ii), substituted "Review" for "Annual review" in heading and "biennially" for "annually" in introductory provisions.
Subsec. (d)(2)(B). Pub. L. 117–58, §25017(4)(A)(iii), substituted "make available to the public on a website of the Department of Transportation" for "submit to the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate".
Subsec. (d)(3). Pub. L. 117–58, §25017(4)(B), substituted "2022 through 2026" for "2016 through 2020".
2015—Pub. L. 114–94 amended section generally. Prior to amendment, section related to the university transportation centers program.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to national university transportation centers.
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".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date of 1998 Amendment
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.
§5506. Advanced transportation research initiative
(a)
(1) a State agency;
(2) a local government agency;
(3) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), including a university transportation center established under section 5505;
(4) a nonprofit organization, including a nonprofit research organization; and
(5) a private sector organization working in collaboration with an entity described in any of paragraphs (1) through (4).
(b)
(1) shall establish a process for eligible entities to submit to the Secretary unsolicited research proposals; and
(2) may enter into arrangements with 1 or more eligible entities to fund research proposed under paragraph (1), in accordance with this section.
(c)
(1) addresses—
(A) a research need identified by—
(i) the Secretary; or
(ii) the Administrator of a modal administration of the Department of Transportation; or
(B) an issue that the Secretary determines to be important; and
(2) is not duplicative of—
(A) any other Federal research project; or
(B) any project for which funding is provided by another Federal agency.
(d)
(1) review each research proposal submitted under the pilot program established under subsection (b); and
(2)(A) if funding is denied for the research proposal—
(i) provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
(I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and
(II) recommends that the research proposal be submitted to another research program; and
(ii) if the Secretary recommends that the research proposal be submitted to another research program under clause (i)(II), provide guidance and direction to—
(I) the eligible entity; and
(II) the proposed research program office; or
(B) if the research proposal is selected for funding—
(i) provide to the eligible entity that submitted the proposal a written notice of the selection; and
(ii) seek to enter into an arrangement with the eligible entity to provide funding for the proposed research.
(e)
(1)
(2)
(A) the research, education, and technology transfer activities carried out by grant recipients under section 5505; and
(B) the research, development, demonstration, and commercial application activities of other relevant programs of the Department of Transportation, including all modal administrations of the Department.
(3)
(A) the Director of the Office of Science and Technology Policy;
(B) the Director of the National Science Foundation;
(C) the Secretary of Energy;
(D) the Director of the National Institute of Standards and Technology;
(E) the Secretary of Homeland Security;
(F) the Administrator of the National Oceanic and Atmospheric Administration;
(G) the Secretary of Defense; and
(H) the heads of other appropriate Federal agencies, as determined by the Secretary.
(f)
(1) review and evaluate the pilot program established under subsection (b), including the research carried out under that pilot program; and
(2) make public on a website of the Department of Transportation a report describing the review and evaluation under paragraph (1).
(g)
(1)
(2)
(h)
(i)
(Added Pub. L. 117–58, div. B, title V, §25013(a), Nov. 15, 2021, 135 Stat. 867.)
Editorial Notes
Prior Provisions
A prior section 5506, 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, related to grants for university transportation research, prior to repeal by Pub. L. 112–141, div. E, title II, §52010(a), July 6, 2012, 126 Stat. 887, effective Oct. 1, 2012.
§5507. Transportation workforce outreach program
(a)
(b)
(1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and
(2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, ability (including physical and mental ability), veteran status, and socioeconomic status.
(c)
(d)
(Added Pub. L. 117–58, div. B, title V, §25020(c)(1), Nov. 15, 2021, 135 Stat. 877.)
SUBCHAPTER II—TERMINALS
§5561. Definition
In this chapter, "civic and cultural activities" includes libraries, musical and dramatic presentations, art exhibits, adult education programs, public meeting places, and other facilities for carrying on an activity any part of which is supported under a law of the United States.
(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.
§5562. Assistance projects
(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.
§5563. Conversion of certain rail passenger terminals
(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.
§5564. Interim preservation of certain rail passenger terminals
(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.
§5565. Encouraging the development of plans for converting certain rail passenger terminals
(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".
Pub. L. 103–429
This amends 49:5565 to correct an erroneous section catchline.
Editorial Notes
Amendments
1994—Pub. L. 103–429 inserted "certain" after "converting" in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
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.
§5566. Records and audits
(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.
§5567. Preference for preserving buildings of historic or architectural significance
Amtrak shall give preference to the use of rail passenger terminal facilities that will preserve buildings of historic or architectural significance.
(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.
§5568. Authorization of appropriations
(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.
CHAPTER 57—SANITARY FOOD TRANSPORTATION
Editorial Notes
Amendments
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".
§5701. Food transportation safety inspections
(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.)
Editorial Notes
References in Text
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 Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
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.
CHAPTER 59—INTERMODAL SAFE CONTAINER TRANSPORTATION
Editorial Notes
Amendments
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.
§5901. Definitions
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.
Editorial Notes
Amendments
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.
§5902. Notifications and certifications
(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.
Editorial Notes
Amendments
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).
§5903. Prohibitions
(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.
Editorial Notes
Amendments
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.
§5904. State enforcement
(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.
§5905. Liens
(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.
Editorial Notes
Amendments
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".
§5906. Perishable agricultural commodities
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). |
Editorial Notes
References in Text
The Perishable Agricultural Commodities Act, 1930, referred to in text, is act June 10, 1930, ch. 436, 46 Stat. 531, 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.
Amendments
1996—Pub. L. 104–291 substituted "Section 5905 of this title does" for "Sections 5904(a)(2) and 5905 of this title do".
§5907. Effective date
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.
Editorial Notes
References in Text
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.
Amendments
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)
§5908. Relationship to other laws
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.)
CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS
Editorial Notes
Amendments
2016—Pub. L. 114–183, §2(c)(2), June 22, 2016, 130 Stat. 516, substituted "Funding" for "Authorization of appropriations" in item 6107.
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.
§6101. Purposes
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.)
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
Congressional Findings
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."
§6102. Definitions
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.)
§6103. Minimum standards for State one-call notification programs
(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)
(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.)
Editorial Notes
Amendments
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.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
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]."
§6104. Compliance with minimum standards
(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.)
Editorial Notes
References in Text
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.
Amendments
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.
§6105. Implementation of best practices guidelines
(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.)
Editorial Notes
Amendments
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.
§6106. Grants to States
(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.)
Editorial Notes
References in Text
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.
§6107. Funding
Of the amounts made available under section 60125(a)(1), the Secretary shall expend $1,058,000 for each of fiscal years 2021 through 2023 to carry out section 6106.
(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; Pub. L. 114–183, §2(c)(1), June 22, 2016, 130 Stat. 516; Pub. L. 116–260, div. R, title I, §101(c), Dec. 27, 2020, 134 Stat. 2213.)
Editorial Notes
Amendments
2020—Pub. L. 116–260 substituted "$1,058,000 for each of fiscal years 2021 through 2023" for "$1,058,000 for each of fiscal years 2016 through 2019".
2016—Pub. L. 114–183 amended section generally. Prior to amendment, text read as follows:
"(a)
"(b)
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".
§6108. Relationship to State laws
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.)
§6109. Public education and awareness
(a)
(b)
(Added Pub. L. 109–468, §3(a), Dec. 29, 2006, 120 Stat. 3489.)
CHAPTER 63—BUREAU OF TRANSPORTATION STATISTICS
Editorial Notes
Amendments
2015—Pub. L. 114–94, div. A, title VI, §6018(c), Dec. 4, 2015, 129 Stat. 1577, added item 6314.
§6301. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(4)
(5)
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 887.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Construction
Pub. L. 112–141, div. E, title II, §52011(b), July 6, 2012, 126 Stat. 895, provided that: "If the provisions of section 111 of title 49, United States Code, are transferred to chapter 63 of that title, the following rules of construction apply:
"(1) For purposes of determining whether 1 provision of law supersedes another based on enactment later in time, a chapter 63 provision is deemed to have been enacted on the date of enactment of the corresponding section 111 provision [section 111 of this title was enacted Dec. 18, 1991].
"(2) A reference to a section 111 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding chapter 63 provision.
"(3) A regulation, order, or other administrative action in effect under a section 111 provision continues in effect under the corresponding chapter 63 provision.
"(4) An action taken or an offense committed under a section 111 provision is deemed to have been taken or committed under the corresponding chapter 63 provision."
§6302. Bureau of Transportation Statistics
(a)
(b)
(1)
(2)
(3)
(A)
(i) serve as the senior advisor to the Secretary on data and statistics; and
(ii) be responsible for carrying out the duties described in subparagraph (B).
(B)
(i) ensure that the statistics compiled under clause (vi) are designed to support transportation decisionmaking by—
(I) the Federal Government;
(II) State and local governments;
(III) metropolitan planning organizations;
(IV) transportation-related associations;
(V) the private sector, including the freight community; and
(VI) the public;
(ii) establish on behalf of the Secretary a program—
(I) to effectively integrate safety data across modes; and
(II) to address gaps in existing safety data programs of the Department;
(iii) work with the operating administrations of the Department—
(I) to establish and implement the data programs of the Bureau; and
(II) to improve the coordination of information collection efforts with other Federal agencies;
(iv) continually improve surveys and data collection methods of the Department to improve the accuracy and utility of transportation statistics;
(v) encourage the standardization of data, data collection methods, and data management and storage technologies for data collected by—
(I) the Bureau;
(II) the operating administrations of the Department;
(III) State and local governments;
(IV) metropolitan planning organizations; and
(V) private sector entities;
(vi) collect, compile, analyze, and publish a comprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on—
(I) transportation safety across all modes and intermodally;
(II) the state of good repair of United States transportation infrastructure;
(III) the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under section 6309;
(IV) economic efficiency across the entire transportation sector;
(V) employment in the transportation sector;
(VI) the effects of the transportation system, including advanced technologies and automation, on global and domestic economic competitiveness;
(VII) demographic, economic, and other variables influencing travel behavior, including choice of transportation mode and goods movement;
(VIII) transportation-related variables that influence the domestic economy and global competitiveness;
(IX) economic costs and impacts for passenger travel and freight movement;
(X) intermodal and multimodal passenger movement;
(XI) intermodal and multimodal freight movement; and
(XII) consequences of transportation for the human and natural environment;
(vii) build and disseminate the transportation layer of the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order), including by coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by other entities;
(viii) issue guidelines for the collection of information by the Department that the Director determines necessary to develop transportation statistics and carry out modeling, economic assessment, and program assessment activities to ensure that such information is accurate, reliable, relevant, uniform, and in a form that permits systematic analysis by the Department;
(ix) review and report to the Secretary on the sources and reliability of—
(I) 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 (Public Law 103–62; 107 Stat. 285); and
(II) at the request of the Secretary, any other data collected or statistical information published by the heads of the operating administrations of the Department; and
(x) ensure that the statistics published under this section are readily accessible to the public, consistent with applicable security constraints and confidentiality interests.
(c)
(d)
(1)
(A) to obtain the approval of any other officer or employee of the Department with respect to the collection or analysis of any information; or
(B) prior to publication, to obtain the approval of any other officer or employee of the United States Government with respect to the substance of any statistical technical reports or press releases lawfully prepared by the Director.
(2)
(A) all hiring, grants, cooperative agreements, and contracts awarded by the Bureau to carry out this section; and
(B) the disposition and allocation of amounts paid to the Bureau for cost-reimbursable projects.
(3)
(4)
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 887; amended Pub. L. 114–94, div. A, title I, §1446(b), title VI, §§6011(d)(2), 6017, Dec. 4, 2015, 129 Stat. 1438, 1570, 1575; Pub. L. 115–435, title III, §302(c)(3)(A), Jan. 14, 2019, 132 Stat. 5553; Pub. L. 117–58, div. B, title V, §25004(b), Nov. 15, 2021, 135 Stat. 839.)
Editorial Notes
References in Text
Executive Order 12906, referred to in subsec. (b)(3)(B)(vii), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which 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. (b)(3)(B)(ix)(I), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, 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.
Amendments
2021—Subsec. (b)(3)(B)(vi)(V) to (XII). Pub. L. 117–58 added subcls. (V) and (VI), redesignated former subcls. (VI) to (XI) as (VII) to (XII), respectively, and struck out former subcl. (V) which read as follows: "the effects of the transportation system on global and domestic economic competitiveness;".
2019—Subsec. (d)(4). Pub. L. 115–435 substituted "section 3572 of title 44." for "the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347)."
2015—Subsec. (a). Pub. L. 114–94, §6011(d)(2), added subsec. (a) and struck out former subsec. (a) which related to establishment of the Bureau of Transportation Statistics.
Subsec. (b)(3)(B)(vi)(III). Pub. L. 114–94, §1446(b), substituted "6309" for "6310".
Subsec. (d). Pub. L. 114–94, §6017, added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 115–435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as a note under section 306 of Title 5, Government Organization and Employees.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Transitional and Savings Provisions
For transitional and savings provisions related to the amendment of this section and other provisions of law by title III of Pub. L. 115–435, see section 302(d) of Pub. L. 115–435, set out as a note under section 3561 of Title 44, Public Printing and Documents.
Bureau of Transportation Statistics
Pub. L. 118–63, title V, §511, May 16, 2024, 138 Stat. 1194, provided that:
"(a)
"(b)
"(1) Aircraft cleaning necessitated by the death of a passenger.
"(2) Aircraft damage caused by extreme weather, foreign object debris, or sabotage.
"(3) A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor.
"(4) Cybersecurity attacks (provided that the air carrier is in compliance with applicable cybersecurity regulations).
"(5) A shutdown or system failure of government systems that directly affects the ability of an air carrier to safely conduct flights and is unexpected.
"(6) Overheated brakes due to a safety incident resulting in the use of emergency procedures.
"(7) Unscheduled maintenance, including in response to an airworthiness directive, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight.
"(8) An emergency that required medical attention through no fault of the carrier.
"(9) The removal of an unruly passenger.
"(10) An airport closure due to the presence of volcanic ash, wind, or wind shear.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation; and
"(B) on the family seating dashboard required by subsection (a)(2).
"(3)
Federal Support for Local Decisionmaking
Pub. L. 117–58, div. B, title V, §25003, Nov. 15, 2021, 135 Stat. 838, provided that:
"(a)
"(1) States;
"(2) political subdivisions of States;
"(3) cities;
"(4) metropolitan planning organizations;
"(5) regional transportation planning organizations; and
"(6) federally recognized Indian Tribes.
"(b)
"(1)
"(2)
"(A) a description of the data analysis tools identified that would benefit infrastructure decision-making by local governments and address the goals described in subsection (c);
"(B) a review of the datasets that local governments need to effectively use the data analysis tools described in subparagraph (A);
"(C) an identification of existing or proposed data analysis tools that use publicly available data;
"(D) the estimated cost of obtaining each dataset described in subparagraph (B);
"(E) the estimated cost to develop the data analysis tools described in subparagraph (A);
"(F) a prioritization for the development of data analysis tools described in subparagraph (A); and
"(G) a determination as to whether it would be appropriate for the Federal Government to develop the data analysis tools described in subparagraph (A).
"(c)
"(1)
"(2)
"(A) Improving maintenance of existing assets.
"(B) Rebuilding infrastructure to a state of good repair.
"(C) Creating economic development through infrastructure development.
"(D) Establishing freight plans and infrastructure that connects the community to supply chains.
"(E) Increasing options for communities that lack access to affordable transportation to improve access to jobs, affordable housing, schools, medical services, foods and other essential community services.
"(F) Reducing congestion.
"(G) Improving community resilience to extreme weather events.
"(H) Any other subject, as the Director determines to be necessary.
"(d)
"(e)
Office of Airline Information
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."
§6303. Intermodal transportation database
(a)
(b)
(c)
(1) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation, intermodal combinations, and relevant classification;
(2) 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), intermodal combinations, and relevant classification;
(3) information on the location and connectivity of transportation facilities and services; and
(4) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 890.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6304. National Transportation Library
(a)
(1) be headed by an individual who is highly qualified in library and information science;
(2) acquire, preserve, and manage transportation information and information products and services for use by the Department, other Federal agencies, and the general public;
(3) provide reference and research assistance;
(4) serve as a central depository for research results and technical publications of the Department;
(5) provide a central clearinghouse for transportation data and information of the Federal Government;
(6) serve as coordinator and policy lead for transportation information access;
(7) provide transportation information and information products and services to—
(A) the Department;
(B) other Federal agencies;
(C) public and private organizations; and
(D) individuals, within the United States and internationally;
(8) coordinate efforts among, and cooperate with, transportation libraries, information providers, and technical assistance centers, in conjunction with private industry and other transportation library and information centers, with the goal of developing a comprehensive transportation information and knowledge network that supports the activities described in section 6302(b)(3)(B)(vi); and
(9) engage in such other activities as the Director determines to be necessary and as the resources of the Library permit.
(b)
(c)
(1)
(A) State or local government;
(B) organization;
(C) business; or
(D) individual.
(2)
(3)
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 890; amended Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574.)
Statutory Notes and Related Subsidiaries
Change of Name
"Office of the Assistant Secretary for Research and Technology of the Department of Transportation's" substituted for "Research and Innovative Technology Administration's" in subsec. (c)(3) on authority of title I of div. L of Pub. L. 113–76, set out in part as a Transfer of Duties and Powers note under former section 112 of this title.
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6305. Advisory council on transportation statistics
(a)
(b)
(1) the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department; and
(2) 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.
(c)
(1)
(2)
(A) are not officers or employees of the United States;
(B) possess expertise in—
(i) transportation data collection, analysis, or application;
(ii) economics; or
(iii) transportation safety; and
(C) represent a cross section of transportation stakeholders, to the greatest extent possible.
(d)
(1)
(2)
(3)
(e)
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 891; amended Pub. L. 117–286, §4(a)(304), Dec. 27, 2022, 136 Stat. 4339.)
Editorial Notes
References in Text
The date of enactment of the Transportation Research and Innovative Technology Act of 2012, referred to in subsec. (d)(3), is the date of enactment of div. E of Pub. L. 112–141, which was approved July 6, 2012.
Amendments
2022—Subsec. (e). Pub. L. 117–286 substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5 shall apply to the advisory council established under this section, except that section 1013 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the advisory council established under this section, except that section 14 of that Act" in text.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Termination of Advisory Council on Transportation Statistics
Advisory Council on Transportation Statistics terminated Oct. 5, 2018, see section 418(g) of Pub. L. 115–254, set out as a note preceding section 42301 of this title.
Advisory Council on Transportation Statistics
Pub. L. 102–240, title VI, §6007, Dec. 18, 1991, 105 Stat. 2174, required the Director to establish an Advisory Council on Transportation Statistics composed of not more than 6 members to provide advice on the quality of transportation statistics and analysis.
§6306. Transportation statistical collection, analysis, and dissemination
To ensure that all transportation statistical collection, analysis, and dissemination is carried out in a coordinated manner, the Director may—
(1) use the services, equipment, records, personnel, information, and facilities of other Federal agencies, or State, local, and private agencies and instrumentalities, subject to the conditions that the applicable agency or instrumentality consents to that use and with or without reimbursement for such use;
(2) enter into agreements with the agencies and instrumentalities described in paragraph (1) for purposes of data collection and analysis;
(3) confer and cooperate with foreign governments, international organizations, and State, municipal, and other local agencies;
(4) request such information, data, and reports from any Federal agency as the Director determines necessary to carry out this chapter;
(5) encourage replication, coordination, and sharing of information among transportation agencies regarding information systems, information policy, and data; and
(6) confer and cooperate with Federal statistical agencies as the Director determines necessary to carry out this chapter, including by entering into cooperative data sharing agreements in conformity with all laws and regulations applicable to the disclosure and use of data.
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 892.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6307. Furnishing of information, data, or reports by Federal agencies
(a)
(b)
(1)
(A) make any disclosure in which the data provided by an individual or organization under section 6302(b)(3)(B) or section 6314(b) can be identified;
(B) use the information provided under section 6302(b)(3)(B) or section 6314(b) for a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under section 6302(b)(3)(B) or section 6314(b).
(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)
(c)
(1) information that is expressly prohibited by law from being disclosed to another Federal agency; or
(2) information that the agency possessing the information determines could not be disclosed without significantly impairing the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 892; amended Pub. L. 114–94, div. A, title VI, §6018(b), Dec. 4, 2015, 129 Stat. 1577.)
Editorial Notes
Amendments
2015—Subsec. (b). Pub. L. 114–94 inserted "or section 6314(b)" after "section 6302(b)(3)(B)" wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6308. Proceeds of data product sales
Notwithstanding section 3302 of title 31, amounts received by the Bureau from the sale of data products for necessary expenses incurred may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for those expenses.
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 893.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6309. National transportation atlas database
(a)
(1) transportation networks;
(2) flows of people, goods, vehicles, and craft over the transportation networks; and
(3) social, economic, and environmental conditions that affect or are affected by the transportation networks.
(b)
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 894.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6310. Limitations on statutory construction
Nothing in this chapter—
(1) authorizes the Bureau to require any other Federal agency to collect data; or
(2) alters or diminishes the authority of any other officer of the Department to collect and disseminate data independently.
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 894.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6311. Research and development grants
The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for—
(1) investigation of the subjects described in section 6302(b)(3)(B)(vi);
(2) research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;
(3) 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;
(4) development of electronic clearinghouses of transportation data and related information, as part of the Library; and
(5) development and improvement of methods for sharing geographic data, in support of the database under section 6310 1 and the National Spatial Data Infrastructure developed under Executive Order 12906 (59 Fed. Reg. 17671) (or a successor Executive Order).
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 894.)
Editorial Notes
References in Text
Executive Order 12906, referred to in par. (5), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under section 1457 of Title 43, Public Lands.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
1 So in original. Probably should be "section 6309".
§6312. Transportation statistics annual report
The Director shall submit to the President and Congress a transportation statistics annual report, which shall include—
(1) information on the progress of the Director in carrying out the duties described in section 6302(b)(3)(B);
(2) documentation of the methods used to obtain and ensure the quality of the statistics presented in the report; and
(3) any recommendations of the Director for improving transportation statistical information.
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 894.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6313. Mandatory response authority for freight data collection
(a)
(1)
(A) to answer completely and correctly to the best knowledge of that individual all questions relating to the corporation, company, business, institution, establishment, or other organization; or
(B) to make available records or statistics in the official custody of the individual.
(2)
(A) receives Federal funds relating to the freight program; and
(B) has consented to be subject to a fine under this subsection on—
(i) refusal to supply any data requested; or
(ii) failure to respond to a written request.
(b)
(1)
(2)
(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 895.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
§6314. Port performance freight statistics program
(a)
(1) the Nation's top 25 ports by tonnage;
(2) the Nation's top 25 ports by 20-foot equivalent unit; and
(3) the Nation's top 25 ports by dry bulk.
(b)
(1)
(2)
(A) receives Federal assistance; or
(B) is subject to Federal regulation to submit necessary information to the Bureau that includes statistics on capacity and throughput as applicable to the specific configuration of the port.
(c)
(1)
(A) port performance measures, including specifications and data measurements to be used in the program established under subsection (a); and
(B) a process for the Department to collect timely and consistent data, including identifying safeguards to protect proprietary information described in subsection (b)(2).
(2)
(A) operating administrations of the Department;
(B) the Coast Guard;
(C) the Federal Maritime Commission;
(D) U.S. Customs and Border Protection;
(E) the Marine Transportation System National Advisory Council;
(F) the Army Corps of Engineers;
(G) the Great Lakes St. Lawrence Seaway Development Corporation;
(H) the Bureau of Labor Statistics;
(I) the Maritime Advisory Committee for Occupational Safety and Health;
(J) the Advisory Committee on Supply Chain Competitiveness;
(K) 1 representative from the rail industry;
(L) 1 representative from the trucking industry;
(M) 1 representative from the maritime shipping industry;
(N) 1 representative from a labor organization for each industry described in subparagraphs (K) through (M);
(O) 1 representative from the International Longshoremen's Association;
(P) 1 representative from the International Longshore and Warehouse Union;
(Q) 1 representative from a port authority;
(R) 1 representative from a terminal operator;
(S) representatives of the National Freight Advisory Committee of the Department; and
(T) representatives of the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine.
(3)
(d)
(1) the statistics compiled under this section—
(A) are readily accessible to the public; and
(B) are consistent with applicable security constraints and confidentiality interests; and
(2) the data acquired, regardless of source, shall be protected in accordance with section 3572 of title 44.
(Added Pub. L. 114–94, div. A, title VI, §6018(a), Dec. 4, 2015, 129 Stat. 1576; amended Pub. L. 115–435, title III, §302(c)(3)(B), Jan. 14, 2019, 132 Stat. 5553; Pub. L. 116–260, div. AA, title V, §512(c)(7)(A)(ii), Dec. 27, 2020, 134 Stat. 2757.)
Editorial Notes
References in Text
The date of the enactment of the Transportation for Tomorrow Act of 2015, referred to in subsec. (c)(2), (3), is the date of enactment of title VI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015.
Amendments
2020—Subsec. (c)(2)(G). Pub. L. 116–260 substituted "Great Lakes St. Lawrence Seaway Development Corporation" for "Saint Lawrence Seaway Development Corporation".
2019—Subsec. (d)(2). Pub. L. 115–435 substituted "section 3572 of title 44." for "the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347)."
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by Pub. L. 115–435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as a note under section 306 of Title 5, Government Organization and Employees.
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Transitional and Savings Provisions
For transitional and savings provisions related to the amendment of this section and other provisions of law by title III of Pub. L. 115–435, see section 302(d) of Pub. L. 115–435, set out as a note under section 3561 of Title 44, Public Printing and Documents.
CHAPTER 65—RESEARCH PLANNING
Editorial Notes
Amendments
2021—Pub. L. 117–58, div. B, title V, §25016(b), Nov. 15, 2021, 135 Stat. 873, added item 6504.
§6501. Annual modal research plans
(a)
(1)
(A) a comprehensive annual modal research plan for the following fiscal year; and
(B) a detailed outlook for the fiscal year thereafter.
(2)
(A) a general description of the strategic goals of the Department that are addressed by the research programs being carried out by the Assistant Secretary or modal administration, as applicable;
(B) a description of each proposed research program, as described in the budget request submitted by the Secretary of Transportation to the President under section 1108 of title 31 for the following fiscal year, including—
(i) the major objectives of the program; and
(ii) the requested amount of funding for each program and area;
(C) a list of activities the Assistant Secretary or modal administration plans to carry out under the research programs described in subparagraph (B);
(D) an assessment of the potential impact of the research programs described in subparagraph (B), including—
(i) potential outputs, outcomes, and impacts on technologies and practices used by entities subject to the jurisdiction of the modal administration;
(ii) potential effects on applicable regulations of the modal administration, including the modification or modernization of those regulations;
(iii) potential economic or societal impacts; and
(iv) progress made toward achieving strategic goals of—
(I) the applicable modal administration; or
(II) the Department of Transportation;
(E) a description of potential partnerships to be established to conduct the research program, including partnerships with—
(i) institutions of higher education; and
(ii) private sector entities; and
(F) such other requirements as the Assistant Secretary considers to be necessary.
(3)
(b)
(1)
(A) review the scope of the research; and
(B)(i) approve the plan and outlook; or
(ii) request that the plan and outlook be—
(I) revised in accordance with such suggestions as the Assistant Secretary shall include to ensure conformity with the criteria described in paragraph (2); and
(II) resubmitted to the Assistant Secretary for approval.
(2)
(A) take into consideration whether—
(i) the plan contains research objectives that are consistent with the strategic research and policy objectives of the Department of Transportation included in the strategic plan required under section 6503; and
(ii) the research programs described in the plan have the potential to benefit the safety, mobility, and efficiency of the United States transportation system;
(B) identify and evaluate any potential opportunities for collaboration between or among modal administrations with respect to particular research programs described in the plan;
(C) identify and evaluate whether other modal administrations may be better suited to carry out the research programs described in the plan;
(D) assess whether any projects described in the plan are—
(i) duplicative across modal administrations; or
(ii) unnecessary; and
(E) take into consideration such other criteria as the Assistant Secretary determines to be necessary.
(3)
(4)
(5)
(c)
(1) the research is required by an Act of Congress;
(2) the research was part of a contract that was funded before the date of enactment of this chapter;
(3) the research updates previously commissioned research; or
(4) the Assistant Secretary certifies to Congress that such research is necessary, and provides justification for such certification.
(d)
(1)
(A) each modal research plan has been reviewed; and
(B) there is no duplication of study for research directed, commissioned, or conducted by the Department of Transportation.
(2)
(A) notify Congress of the duplicative research; and
(B) submit to Congress a corrective action plan to eliminate the duplicative research.
(Added Pub. L. 114–94, div. A, title VI, §6019(b)(1), Dec. 4, 2015, 129 Stat. 1578; amended Pub. L. 117–58, div. B, title V, §25015(a), Nov. 15, 2021, 135 Stat. 870.)
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015.
Amendments
2021—Subsec. (a)(1). Pub. L. 117–58, §25015(a)(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "Not later than May 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this chapter as the 'Assistant Secretary') a comprehensive annual modal research plan for the upcoming fiscal year and a detailed outlook for the following fiscal year."
Subsec. (a)(2). Pub. L. 117–58, §25015(a)(1)(D), added par. (2). Former par. (2) redesignated (3).
Pub. L. 117–58, §25015(a)(1)(B), inserted "prepared or" before "submitted".
Subsec. (a)(3). Pub. L. 117–58, §25015(a)(1)(C), redesignated par. (2) as (3).
Subsec. (b)(1). Pub. L. 117–58, §25015(a)(2)(A)(i), inserted "by the head of a modal administration or joint program office" after "submitted" in introductory provisions.
Subsec. (b)(1)(B)(ii). Pub. L. 117–58, §25015(a)(2)(A)(ii), added cl. (ii) and struck out former cl. (ii) which read as follows: "request that the plan and outlook be revised and resubmitted for approval."
Subsec. (b)(2) to (4). Pub. L. 117–58, §25015(a)(2)(B), (C), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (b)(5). Pub. L. 117–58, §25015(a)(2)(D), added par. (5).
Subsec. (c). Pub. L. 117–58, §25015(a)(3), which directed amendment without providing closing quotation marks designating the provisions to be inserted, was executed by substituting "subsection (b)(4)" for "subsection (b)(3)" in introductory provisions, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Findings
Pub. L. 114–94, div. A, title VI, §6019(a), Dec. 4, 2015, 129 Stat. 1577, provided that: "Congress finds that—
"(1) Federal transportation research planning—
"(A) should be coordinated by the Office of the Secretary [of Transportation]; and
"(B) should be, to the extent practicable, multimodal and not occur solely within the sub-agencies of the Department [of Transportation];
"(2) managing a multimodal research portfolio within the Office of the Secretary will—
"(A) help identify opportunities in which research could be applied across modes; and
"(B) prevent duplication of efforts and waste of limited Federal resources;
"(3) the Assistant Secretary for Research and Technology at the Department of Transportation will—
"(A) give stakeholders a formal opportunity to address concerns;
"(B) ensure unbiased research; and
"(C) improve the overall research products of the Department; and
"(4) increasing transparency of transportation research and development efforts will—
"(A) build stakeholder confidence in the final product; and
"(B) lead to the improved implementation of research findings."
§6502. Consolidated research database
(a)
(1)
(A) proposed funding for any new projects; and
(B) proposed additional funding for any existing projects.
(2)
(3)
(A) be delimited by research project; and
(B) include a description of, with respect to each research project—
(i) research objectives;
(ii) the progress made with respect to the project, including whether the project is ongoing or complete;
(iii) any outcomes of the project, including potential implications for policy, regulations, or guidance issued by a modal administration or the Department of Transportation;
(iv) any findings of the project;
(v) the amount of funds allocated for the project; and
(vi) such other information as the Assistant Secretary determines to be necessary to address Departmental priorities and statutory mandates;
(C) identify research projects with multimodal applications;
(D) specify how relevant modal administrations have assisted, will contribute to, or plan to use the findings from the research projects identified under paragraph (1);
(E) identify areas in which more than 1 modal administration is conducting research on a similar subject or a subject that has a bearing on more than 1 mode;
(F) indicate how the findings of research are being disseminated to improve the efficiency, effectiveness, and safety of transportation systems; and
(G) describe the public and stakeholder input to the research plans submitted under section 6501(a)(1).
(b)
(1) the amount spent in the last full fiscal year on transportation research and development with specific descriptions of projects funded at $5,000,000 or more; and
(2) the amount proposed in the current budget for transportation research and development with specific descriptions of projects funded at $5,000,000 or more.
(c)
(1) a summary of the Federal transportation research and development activities for the previous fiscal year in each topic area;
(2) the amount spent in each topic area;
(3) a description of the extent to which the research and development is meeting the expectations described in section 6503(c)(1); and
(4) any amendments to the strategic plan developed under section 6503.
(Added Pub. L. 114–94, div. A, title VI, §6019(b)(1), Dec. 4, 2015, 129 Stat. 1579; amended Pub. L. 117–58, div. B, title V, §25015(b), Nov. 15, 2021, 135 Stat. 871.)
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–58 inserted subsec. (a) heading and added pars. (1) and (2) and heading, introductory provisions, and subpars. (A) and (B) of par. (3), and struck out former subsec. (a) heading, former par. (1), which related to publication of research abstract database in general, and former par. (2) heading and subpars. (A) and (B), which related to contents of database. Subpars. (C) to (G) of former par. (2) effectively redesignated subpars. (C) to (G) of par. (3).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§6503. Transportation research and development 5-year strategic plan
(a)
(b)
(1) section 306 of title 5;
(2) sections 1115 and 1116 of title 31; and
(3) any other research and development plan within the Department of Transportation.
(c)
(1) describe how the plan furthers the primary purposes of the transportation research and development program, which shall include—
(A) improving mobility of people and goods;
(B) reducing congestion;
(C) promoting safety;
(D) improving the durability and extending the life of transportation infrastructure;
(E) preserving the environment;
(F) preserving the existing transportation system; and
(G) reducing transportation cybersecurity risks;
(2) for each of the purposes referred to in paragraph (1), list the primary proposed research and development activities that the Department of Transportation intends to pursue to accomplish that purpose, which may include—
(A) fundamental research pertaining to the applied physical and natural sciences;
(B) applied science and research;
(C) technology development research; and
(D) social science research; and
(3) for each research and development activity—
(A) identify the anticipated annual funding levels for the period covered by the strategic plan; and
(B) describe the research findings the Department expects to discover at the end of the period covered by the strategic plan.
(d)
(1) reflects input from a wide range of external stakeholders;
(2) includes and integrates the research and development programs of all of the modal administrations of the Department of Transportation, including aviation, transit, rail, and maritime and joint programs;
(3) takes into account research and development by other Federal, State, local, private sector, and nonprofit institutions;
(4) not later than December 31, 2021, and not less frequently than once every 5 years thereafter, is published on a public website; and
(5) takes into account how research and development by other Federal, State, private sector, and nonprofit institutions—
(A) contributes to the achievement of the purposes identified under subsection (c)(1); and
(B) avoids unnecessary duplication of those efforts.
(Added Pub. L. 114–94, div. A, title VI, §6019(b)(1), Dec. 4, 2015, 129 Stat. 1580; amended Pub. L. 117–58, div. B, title V, §25014, Nov. 15, 2021, 135 Stat. 869.)
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–58, §25014(1), substituted "Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary" for "The Secretary".
Subsec. (b). Pub. L. 117–58, §25014(2), substituted "Each strategic" for "The strategic" in introductory provisions.
Subsec. (c). Pub. L. 117–58, §25014(3)(A), substituted "Each strategic" for "The strategic" in introductory provisions.
Subsec. (c)(1)(G). Pub. L. 117–58, §25014(3)(B), added subpar. (G).
Subsec. (d). Pub. L. 117–58, §25014(4)(A), substituted "each strategic" for "the strategic" in introductory provisions.
Subsec. (d)(4). Pub. L. 117–58, §25014(4)(B), substituted "2021, and not less frequently than once every 5 years thereafter" for "2016".
Subsec. (e). Pub. L. 117–58, §25014(5), struck out subsec. (e). Prior to amendment, text read as follows: "Not later than 2 ½ years after the date of enactment of this chapter, the Secretary may publish on a public website an interim report that—
"(1) provides an assessment of the 5-year research and development strategic plan of the Department of Transportation described in this section; and
"(2) includes a description of the extent to which the research and development is or is not successfully meeting the purposes described under subsection (c)(1)."
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
§6504. Incorporation of Department of Transportation research
(a)
(1) conduct a review of research conducted by the Department of Transportation; and
(2) to the maximum extent practicable and appropriate, identify modifications to laws, regulations, guidance, and other policy documents to incorporate any innovations resulting from the research described in paragraph (1) that have the potential to improve the safety or efficiency of the United States transportation system.
(b)
(1) identify any innovative practices, materials, or technologies that have demonstrable benefits to the transportation system;
(2) determine whether the practices, materials, or technologies described in paragraph (1) require any statutory or regulatory modifications for adoption; and
(3)(A) if modifications are determined to be required under paragraph (2), develop—
(i) a proposal for those modifications; and
(ii) a description of the manner in which any such regulatory modifications would be—
(I) incorporated into the Unified Regulatory Agenda; or
(II) adopted into existing regulations as soon as practicable; or
(B) if modifications are determined not to be required under paragraph (2), develop a description of the means by which the practices, materials, or technologies described in paragraph (1) will otherwise be incorporated into Department of Transportation or modal administration policy or guidance, including as part of the Technology Transfer Program of the Office of the Assistant Secretary for Research and Technology.
(c)
(1) each new practice, material, or technology identified under subsection (b)(1); and
(2) any statutory or regulatory modification for the adoption of such a practice, material, or technology that—
(A) is determined to be required under subsection (b)(2); or
(B) was otherwise made during that period.
(Added Pub. L. 117–58, div. B, title V, §25016(a), Nov. 15, 2021, 135 Stat. 872.)
CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS
Editorial Notes
Amendments
2021—Pub. L. 117–58, div. B, title I, §21203(b), Nov. 15, 2021, 135 Stat. 677, added item 6703.
§6701. National infrastructure project assistance
(a)
(1)
(2)
(A) a State or a group of States;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State;
(E) a special purpose district or public authority with a transportation function, including a port authority;
(F) a Tribal government or a consortium of Tribal governments;
(G) a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and
(H) a group of entities described in any of subparagraphs (A) through (G).
(3)
(4)
(5)
(A) any of the several States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the United States Virgin Islands;
(F) Guam;
(G) American Samoa; and
(H) any other territory or possession of the United States.
(b)
(c)
(1)
(2)
(d)
(1) that is—
(A) a highway or bridge project carried out on—
(i) the National Multimodal Freight Network established under section 70103;
(ii) the National Highway Freight Network established under section 167 of title 23; or
(iii) the National Highway System (as defined in section 101(a) of title 23);
(B) a freight intermodal (including public ports) or freight rail project that provides a public benefit;
(C) a railway-highway grade separation or elimination project;
(D) an intercity passenger rail project;
(E) a public transportation project that is—
(i) eligible for assistance under chapter 53; and
(ii) part of a project described in any of subparagraphs (A) through (D); or
(F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and
(2) the eligible project costs of which are—
(A) reasonably anticipated to equal or exceed $500,000,000; or
(B) for any project funded by the set-aside under subsection (m)(2)—
(i) more than $100,000,000; but
(ii) less than $500,000,000.
(e)
(1) geographical diversity; and
(2) a balance between rural and urban communities.
(f)
(1)
(A) the project is likely to generate national or regional economic, mobility, or safety benefits;
(B) the project is in need of significant Federal funding;
(C) the project will be cost-effective;
(D) with respect to related non-Federal financial commitments, 1 or more stable and dependable sources of funding and financing are available—
(i) to construct, operate, and maintain the project; and
(ii) to cover cost increases; and
(E) the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project.
(2)
(A) the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project;
(B) the level of benefits a project is expected to generate, including—
(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project;
(ii) reductions in maintenance costs over the life of the applicable asset;
(iii) safety benefits, including the reduction of serious injuries and fatalities and related costs;
(iv) improved person or freight throughput, including improved mobility and reliability; and
(v) environmental benefits and health impacts, such as—
(I) reductions in greenhouse gas emissions;
(II) air quality benefits;
(III) preventing stormwater runoff that would be a detriment to aquatic species; and
(IV) improved infrastructure resilience;
(C) the benefits of the project, as compared to the costs of the project;
(D) the number of persons or volume of freight, as applicable, supported by the project; and
(E) national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation.
(3)
(A) contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban communities;
(B) whether multiple States would benefit from a project;
(C) whether, and the degree to which, a project uses—
(i) construction materials or approaches that have—
(I) demonstrated reductions in greenhouse gas emissions; or
(II) reduced the need for maintenance of other projects; or
(ii) technologies that will allow for future connectivity and automation;
(D) whether a project would benefit—
(i) a historically disadvantaged community or population; or
(ii) an area of persistent poverty;
(E) whether a project benefits users of multiple modes of transportation, including—
(i) pedestrians;
(ii) bicyclists; and
(iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and
(F) whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally.
(4)
(A)
(B)
(i)
(I) are exemplary projects of national or regional significance; and
(II) would provide significant public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program.
(ii)
(I) are of national or regional significance; and
(II) would provide public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program.
(iii)
(C)
(i)
(ii)
(5)
(A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1);
(B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and
(C) the means by which the project requirements and ratings referred to in subparagraphs (A) and (B) will be used to assign an overall rating for the project under paragraph (4).
(6)
(g)
(1)
(A)
(i) the impacts of the project; and
(ii) the accuracy of any forecast prepared during the development phase of the project and included in the grant application.
(B)
(i) an approach to measuring—
(I) the criteria described in subsection (f)(2); and
(II) if applicable, the additional requirements described in subsection (f)(3);
(ii) an approach for analyzing the consistency of predicted project characteristics with actual outcomes; and
(iii) any other elements that the Secretary determines to be necessary.
(2)
(A) standardized forecasting and measurement approaches;
(B) data storage system requirements; and
(C) any other requirements the Secretary determines to be necessary to carry out this section.
(3)
(4)
(A)
(B)
(i) beginning on the date that is 5 years after the date of completion of the project; and
(ii) ending on the date on which the updated report is submitted.
(h)
(1)
(A) development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post-construction analysis plan under subsection (g); and
(B) construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project.
(2)
(i)
(1)
(2)
(A)
(B)
(C)
(3)
(j)
(1)
(2)
(A) establish the terms of Federal participation in the applicable project;
(B) establish the maximum amount of Federal financial assistance for the project;
(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount;
(D) describe the period of time for completing the project, regardless of whether that period extends beyond the period of an authorization; and
(E) facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project, in accordance with applicable law.
(3)
(A)
(i) shall provide for the obligation of an amount of available budget authority specified in law;
(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law; and
(iii) shall provide that any funds disbursed under the program for the project before the completion of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only cover costs associated with development-phase activities described in subsection (h)(1)(A).
(B)
(4)
(k)
(1)
(A) a list of all project applications reviewed by the Secretary as part of the selection process;
(B) the rating assigned to each project under subsection (f)(4);
(C) an evaluation and justification with respect to each project for which the Secretary will—
(i) provide a grant under the program; and
(ii) enter into a multiyear grant agreement under the program;
(D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and
(E) anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date.
(2)
(l)
(1)
(A) a list of all project applications reviewed by the Secretary as part of the selection process under the program;
(B) the rating assigned to each project under subsection (f)(4); and
(C) a description of each project for which a grant has been provided under the program.
(2)
(A)
(B)
(i) the adequacy and fairness of the process by which the projects were selected; and
(ii) the justification and criteria used for the selection of the projects.
(m)
(1)
(2)
(A) more than $100,000,000; but
(B) less than $500,000,000.
(3)
(A) administering and overseeing the program; and
(B) hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues.
(4)
(n)
(1)
(A) subchapter IV of chapter 31 of title 40;
(B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2)
(A) the requirements of title 23 to a highway, road, or bridge project;
(B) the requirements of chapter 53 to a transit project; and
(C) the requirements of section 22905 to a rail project.
(3)
(A)
(i) determine the predominant modal component of the project; and
(ii) apply the applicable requirements described in paragraph (2) of the predominant modal component to the project.
(B)
(i)
(ii)
(Added Pub. L. 117–58, div. B, title I, §21201, Nov. 15, 2021, 135 Stat. 663.)
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (f)(5), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
The National Environmental Policy Act of 1969, referred to in subsecs. (j)(3)(A)(iii), (4), and (n)(1)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
The Civil Rights Act of 1964, referred to in subsec. (n)(1)(B), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. 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.
§6702. Local and regional project assistance
(a)
(1)
(A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population continually lived in poverty, as measured by—
(i) the 1990 decennial census;
(ii) the 2000 decennial census; and
(iii) the most recent annual small area income and poverty estimate of the Bureau of the Census;
(B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and
(C) any territory or possession of the United States.
(2)
(A) a State;
(B) the District of Columbia;
(C) any territory or possession of the United States;
(D) a unit of local government;
(E) a public agency or publicly chartered authority established by 1 or more States;
(F) a special purpose district or public authority with a transportation function, including a port authority;
(G) a federally recognized Indian Tribe or a consortium of such Indian Tribes;
(H) a transit agency; and
(I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H).
(3)
(A) a highway or bridge project eligible for assistance under title 23;
(B) a public transportation project eligible for assistance under chapter 53;
(C) a passenger rail or freight rail transportation project eligible for assistance under this title;
(D) a port infrastructure investment, including—
(i) inland port infrastructure; and
(ii) a land port-of-entry;
(E) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII;
(F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government;
(G) a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will advance the goal of the program described in subsection (b)(2); and
(H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program.
(4)
(5)
(6)
(7)
(b)
(1)
(2)
(c)
(1)
(2)
(A) not less than $5,000,000 for an urbanized area;
(B) not less than $1,000,000 for a rural area; and
(C) not more than $25,000,000.
(3)
(d)
(1)
(2)
(A) in such form and containing such information as the Secretary considers to be appropriate; and
(B) by such date as the Secretary may establish, subject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1).
(3)
(A) improves safety;
(B) improves environmental sustainability;
(C) improves the quality of life of rural areas or urbanized areas;
(D) increases economic competitiveness and opportunity, including increasing tourism opportunities;
(E) contributes to a state of good repair; and
(F) improves mobility and community connectivity.
(4)
(A) the project sponsors collaborated with other public and private entities;
(B) the project adopts innovative technologies or techniques, including—
(i) innovative technology;
(ii) innovative project delivery techniques; and
(iii) innovative project financing;
(C) the project has demonstrated readiness; and
(D) the project is cost effective.
(5)
(A)
(B)
(6)
(7)
(A)
(B)
(e)
(1)
(2)
(3)
(A) The tribal transportation program under section 202 of title 23.
(B) The Federal lands transportation program under section 203 of title 23.
(C) The TIFIA program (as defined in section 601(a) of title 23).
(D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224.
(f)
(1)
(A) not more than 50 percent shall be allocated for eligible projects located in rural areas; and
(B) not more than 50 percent shall be allocated for eligible projects located in urbanized areas.
(2)
(3)
(g)
(1)
(2)
(h)
(i)
(1)
(A) chapter 224; or
(B) chapter 6 of title 23.
(2)
(j)
(k)
(1)
(2)
(A) review the administration of the program, including—
(i) the solicitation process; and
(ii) the selection process, including—
(I) the adequacy and fairness of the process; and
(II) the selection criteria; and
(B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the review under subparagraph (A), including recommendations for improving the administration of the program, if any.
(Added Pub. L. 117–58, div. B, title I, §21202(a), Nov. 15, 2021, 135 Stat. 671; amended Pub. L. 117–146, §21(a), June 16, 2022, 136 Stat. 1284.)
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (a)(1)(A), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021.
Amendments
2022—Subsec. (g). Pub. L. 117–146 designated existing provisions as par. (1), inserted heading, and added par. (2).
§6703. National culvert removal, replacement, and restoration grant program
(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1) would meaningfully improve or restore fish passage for anadromous fish; and
(2) with respect to weirs, may include—
(A) infrastructure to facilitate fish passage around or over the weir; and
(B) weir improvements.
(c)
(1) a State;
(2) a unit of local government; or
(3) an Indian Tribe.
(d)
(e)
(1) projects that would improve fish passage for—
(A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);
(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed as an endangered species or a threatened species under that section;
(C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or
(D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and
(2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat.
(f)
(g)
(h)
(i)
(Added Pub. L. 117–58, div. B, title I, §21203(a), Nov. 15, 2021, 135 Stat. 676.)
SUBTITLE IV—INTERSTATE TRANSPORTATION
PART A—RAIL
PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
PART C—PIPELINE CARRIERS
Prior Provisions
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).
Editorial Notes
Amendments
1997—Pub. L. 105–102, §2(5), Nov. 20, 1997, 111 Stat. 2204, struck out "AND TARIFFS" after "RATES" in item for chapter 155.
PART A—RAIL
CHAPTER 101—GENERAL PROVISIONS
§10101. Rail transportation policy
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
Short Title of 2008 Amendment
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'."
Short Title of 2005 Amendment
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'."
Short Title of 2002 Amendment
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'."
Short Title of 1986 Amendment
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'."
Short Title of 1982 Amendment
Pub. L. 97–261, §1, Sept. 20, 1982, 96 Stat. 1102, provided: "That this Act [see Tables for classification] may be cited as the 'Bus Regulatory Reform Act of 1982'."
Short Title of 1980 Amendments
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'."
Pub. L. 96–448, §1, Oct. 14, 1980, 94 Stat. 1895, provided that: "This Act [see Tables for classification] may be cited as the 'Staggers Rail Act of 1980'."
Pub. L. 96–296, §1, July 1, 1980, 94 Stat. 793, provided: "That this Act [see Tables for classification] may be cited as the 'Motor Carrier Act of 1980'."
§10102. Definitions
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
CHAPTER 105—JURISDICTION
§10501. General jurisdiction
(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 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 "public transportation" means transportation services described in section 5302 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) public 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; Pub. L. 114–94, div. A, title III, §3030(g), Dec. 4, 2015, 129 Stat. 1497.)
Editorial Notes
References in Text
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, 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, 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, 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.
Prior Provisions
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.
Amendments
2015—Subsec. (c)(1)(A)(i). Pub. L. 114–94, §3030(g)(1)(A), substituted "section 5302" for "section 5302(a)".
Subsec. (c)(1)(B). Pub. L. 114–94, §3030(g)(1)(B), substituted "public transportation" for "mass transportation" and "section 5302" for "section 5302(a)".
Subsec. (c)(2)(A). Pub. L. 114–94, §3030(g)(2), substituted "public transportation" for " mass transportation".
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".
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.
§10502. Authority to exempt rail carrier transportation
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
CHAPTER 107—RATES
SUBCHAPTER I—GENERAL AUTHORITY
SUBCHAPTER II—SPECIAL CIRCUMSTANCES
SUBCHAPTER III—LIMITATIONS
SUBCHAPTER I—GENERAL AUTHORITY
§10701. Standards for rates, classifications, through routes, rules, and practices
(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 maintain 1 or more simplified and expedited methods for determining the reasonableness of challenged 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; Pub. L. 114–110, §11(a), Dec. 18, 2015, 129 Stat. 2233.)
Editorial Notes
Prior Provisions
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.
Amendments
2015—Subsec. (d)(3). Pub. L. 114–110 amended par. (3) generally. Prior to amendment, text read as follows: "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."
1996—Subsec. (d)(3). Pub. L. 104–287 substituted "January 1, 1996" for "the effective date of this paragraph".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.
§10702. Authority for rail carriers to establish rates, classifications, rules, and practices
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10703. Authority for rail carriers to establish through routes
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10704. Authority and criteria: rates, classifications, rules, and practices prescribed by Board
(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, for the infrastructure and investment needed to meet the present and future demand for rail services and 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)(1) The Board shall maintain procedures to ensure the 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.
(2)(A) Except as provided under subparagraph (B), in a stand-alone cost rate challenge, the Board shall comply with the following timeline:
(i) Discovery shall be completed not later than 150 days after the date on which the challenge is initiated.
(ii) The development of the evidentiary record shall be completed not later than 155 days after the date on which discovery is completed under clause (i).
(iii) The closing brief shall be submitted not later than 60 days after the date on which the development of the evidentiary record is completed under clause (ii).
(iv) A final Board decision shall be issued not later than 180 days after the date on which the evidentiary record is completed under clause (ii).
(B) The Board may extend a timeline under subparagraph (A) after a request from any party or in the interest of due process.
(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; Pub. L. 114–110, §§11(b), 16, Dec. 18, 2015, 129 Stat. 2233, 2238.)
Editorial Notes
Prior Provisions
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.
Amendments
2015—Subsec. (a)(2). Pub. L. 114–110, §16, inserted "for the infrastructure and investment needed to meet the present and future demand for rail services and" after "management," in introductory provisions.
Subsec. (d). Pub. L. 114–110, §11(b), designated existing provisions as par. (1), substituted "The Board shall maintain procedures to ensure the expeditious handling of challenges to the reasonableness of railroad rates." for "Within 9 months after January 1, 1996, the Board shall establish procedures to ensure expeditious handling of challenges to the reasonableness of railroad rates.", and added par. (2).
1996—Subsec. (d). Pub. L. 104–287 substituted "January 1, 1996" for "the effective date of the ICC Termination Act of 1995".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10705. Authority: through routes, joint classifications, rates, and divisions prescribed by Board
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10706. Rate agreements: exemption from antitrust laws
(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.)
Editorial Notes
References in Text
The Sherman Act, referred to in subsec. (a)(2)(A), (4), is act July 2, 1890, ch. 647, 26 Stat. 209, 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, 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, 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.
Prior Provisions
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.
Amendments
1996—Subsec. (a)(5)(C). Pub. L. 104–287 substituted "October 1, 1980," for "the effective date of the Staggers Rail Act of 1980".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10707. Determination of market dominance in rail rate proceedings
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10708. Rail cost adjustment factor
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10709. Contracts
(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.
(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; Pub. L. 114–110, §11(d), Dec. 18, 2015, 129 Stat. 2234.)
Editorial Notes
Prior Provisions
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.
Amendments
2015—Subsec. (h). Pub. L. 114–110 struck out subsec. (h) which related to certain contracts for the transportation of agricultural commodities.
1996—Subsec. (e). Pub. L. 104–287 substituted "October 1, 1980," for "the effective date of the Staggers Rail Act of 1980".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
SUBCHAPTER II—SPECIAL CIRCUMSTANCES
§10721. Government traffic
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.)
Editorial Notes
Prior Provisions
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.
Amendments
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)".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10722. Car utilization
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
SUBCHAPTER III—LIMITATIONS
§10741. Prohibitions against discrimination by rail carriers
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10742. Facilities for interchange of traffic
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10743. Liability for payment of rates
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10744. Continuous carriage of freight
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10745. Transportation services or facilities furnished by shipper
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10746. Demurrage charges
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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10747. Designation of certain routes by shippers
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
CHAPTER 109—LICENSING
Editorial Notes
Amendments
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.
§10901. Authorizing construction and operation of railroad lines
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10902. Short line purchases by Class II and Class III rail carriers
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10903. Filing and procedure for application to abandon or discontinue
(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 before May 31, 1998.
(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; amended Pub. L. 112–141, div. C, title II, §32932(b), July 6, 2012, 126 Stat. 829.)
Editorial Notes
References in Text
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, effective 180 days after Dec. 2, 1997.
Prior Provisions
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.
Amendments
2012—Subsec. (b)(2). Pub. L. 112–141 substituted "24706(c) of this title before May 31, 1998" for "24706(c) of this title".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Effective Date
Section 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 1301 of this title.
Railroad Branchline Abandonments by Burlington Northern Railroad in North Dakota
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 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of this title.]
1 See References in Text note below.
§10904. Offers of financial assistance to avoid abandonment and discontinuance
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10905. Offering abandoned rail properties for sale for public purposes
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10906. Exception
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10907. Railroad development
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§10908. Regulation of solid waste rail transfer facilities
(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.)
Editorial Notes
References in Text
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.
Prior Provisions
For prior section 10908, see note set out under section 10907 of this title.
1 So in original. Probably should be followed by a comma.
§10909. Solid waste rail transfer facility land-use exemption
(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; amended Pub. L. 114–94, div. A, title XI, §11316(b), Dec. 4, 2015, 129 Stat. 1676.)
References in Text
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.
Editorial Notes
Prior Provisions
For prior section 10909, see note set out under section 10907 of this title.
Amendments
2015—Subsec. (b). Pub. L. 114–94, §11316(b)(1), substituted "Clean Railroads Act of 2008" for "Clean Railroad Act of 2008" in introductory provisions.
Subsec. (e). Pub. L. 114–94, §11316(b)(2), substituted "Upon the granting of a petition from the State" for "Upon the granting of petition from the State".
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
§10910. Effect on other statutes and authorities
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.)
Editorial Notes
Prior Provisions
For prior section 10910, see note set out under section 10907 of this title.
CHAPTER 111—OPERATIONS
SUBCHAPTER I—GENERAL REQUIREMENTS
SUBCHAPTER II—CAR SERVICE
SUBCHAPTER III—REPORTS AND RECORDS
SUBCHAPTER IV—RAILROAD COST ACCOUNTING
SUBCHAPTER I—GENERAL REQUIREMENTS
§11101. Common carrier transportation, service, and rates
(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.)
Editorial Notes
Prior Provisions
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.
Amendments
1996—Subsec. (f). Pub. L. 104–287 substituted "January 1, 1996" for "the effective date of the ICC Termination Act of 1995".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11102. Use of terminal facilities
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11103. Switch connections and tracks
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
SUBCHAPTER II—CAR SERVICE
§11121. Criteria
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11122. Compensation and practice
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11123. Situations requiring immediate action to serve the public
(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.)
Editorial Notes
References in Text
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.
Prior Provisions
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).
Amendments
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
1 See References in Text note below.
§11124. War emergencies; embargoes imposed by carriers
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
SUBCHAPTER III—REPORTS AND RECORDS
§11141. Definitions
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11142. Uniform accounting system
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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11143. Depreciation charges
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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11144. Records: form; inspection; preservation
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11145. Reports by rail carriers, lessors, and associations
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
SUBCHAPTER IV—RAILROAD COST ACCOUNTING
§11161. Implementation of cost accounting principles
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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11162. Rail carrier cost accounting system
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11163. Cost availability
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11164. Accounting and cost reporting
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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
CHAPTER 113—FINANCE
SUBCHAPTER I—EQUIPMENT TRUSTS AND SECURITY INTERESTS
SUBCHAPTER II—COMBINATIONS
SUBCHAPTER I—EQUIPMENT TRUSTS AND SECURITY INTERESTS
§11301. Equipment trusts: recordation; evidence of indebtedness
(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.)
Editorial Notes
Prior Provisions
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.
Amendments
1996—Subsec. (f). Pub. L. 104–287 substituted "January 1, 1996" for "the effective date of the ICC Termination Act of 1995".
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title.
SUBCHAPTER II—COMBINATIONS
§11321. Scope of authority
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11322. Limitation on pooling and division of transportation or earnings
(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.)
Editorial Notes
Prior Provisions
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.
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11323. Consolidation, merger, and acquisition of control
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11324. Consolidation, merger, and acquisition of control: conditions of approval
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11325. Consolidation, merger, and acquisition of control: procedure
(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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11326. Employee protective arrangements in transactions involving rail carriers
(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.)
Editorial Notes
References in Text
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.
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
1 See References in Text note below.
§11327. Supplemental orders
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.)
Editorial Notes
Prior Provisions
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).
Statutory Notes and Related Subsidiaries
Effective Date
Section 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 1301 of this title.
§11328. Restrictions on officers and directors
(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