[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 1758 Enrolled Bill (ENR)]
H.R.1758
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To revise, codify, and enact without substantive change certain
general and permanent laws, related to transportation, as subtitles II,
III, and V-X of title 49, United States Code, ``Transportation'', and to
make other technical improvements in the Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
subtitles ii, iii, and v-x of title 49, united states code

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States, related to transportation, are revised, codified, and enacted
by subsections (c)-(e) of this section without substantive change as
subtitles II, III, and V-X of title 49, United States Code,
``Transportation''. Those laws may be cited as ``49 U.S.C. ------''.
(b) Title 49, United States Code, is amended by striking the table
of subtitles at the beginning of the title and substituting the
following new table of subtitles:
``Subtitle                                                          Sec.
DEPARTMENT OF TRANSPORTATION.........................................101
OTHER GOVERNMENT AGENCIES...........................................1101
GENERAL AND INTERMODAL PROGRAMS.....................................5101
INTERSTATE COMMERCE................................................10101
RAIL PROGRAMS......................................................20101
MOTOR VEHICLE AND DRIVER PROGRAMS..................................30101
AVIATION PROGRAMS..................................................40101
PIPELINES..........................................................60101
COMMERCIAL SPACE TRANSPORTATION....................................70101
MISCELLANEOUS...................................................80101''.
(c) Title 49, United States Code, is amended by striking subtitle
II, except that chapter 31 (comprising sections 3101-3104) of subtitle
II is redesignated and restated as chapter 315 (comprising sections
31501-31504) of subtitle VI of title 49, as enacted by subsection (e)
of this section.
(d) Title 49, United States Code, is amended by adding the
following immediately after subtitle I:
SUBTITLE II--OTHER GOVERNMENT AGENCIES
Chapter                                                             Sec.
NATIONAL TRANSPORTATION SAFETY BOARD................................1101
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I--GENERAL
Sec.
1101.  Definitions.
SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE
1111.  General organization.
1112.  Special boards of inquiry on air transportation safety.
1113.  Administrative.
1114.  Disclosure, availability, and use of information.
1115.  Training.
1116.  Reports and studies.
1117.  Annual report.
1118.  Authorization of appropriations.
SUBCHAPTER III--AUTHORITY
1131.  General authority.
1132.  Civil aircraft accident investigations.
1133.  Review of other agency action.
1134.  Inspections and autopsies.
1135.  Secretary of Transportation's responses to safety
recommendations.
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
1151.  Aviation enforcement.
1152.  Joinder and intervention in aviation proceedings.
1153.  Judicial review.
1154.  Discovery and use of cockpit voice and other material.
1155.  Aviation penalties.
SUBCHAPTER I--GENERAL

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Section 40102(a) of this title applies to this chapter.
SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE

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(a) Organization.--The National Transportation Safety Board is an
independent establishment of the United States Government.
(b) Appointment of Members.--The Board is composed of 5 members
appointed by the President, by and with the advice and consent of the
Senate. Not more than 3 members may be appointed from the same
political party. At least 3 members shall be appointed on the basis of
technical qualification, professional standing, and demonstrated
knowledge in accident reconstruction, safety engineering, human
factors, transportation safety, or transportation regulation.
(c) Terms of Office and Removal.--The term of office of each member
is 5 years. An individual appointed to fill a vacancy occurring before
the expiration of the term for which the predecessor of that individual
was appointed, is appointed for the remainder of that term. When the
term of office of a member ends, the member may continue to serve until
a successor is appointed and qualified. The President may remove a
member for inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.--The President shall designate, by
and with the advice and consent of the Senate, a Chairman of the Board.
The President also shall designate a Vice Chairman of the Board. The
terms of office of both the Chairman and Vice Chairman are 2 years.
When the Chairman is absent or unable to serve or when the position of
Chairman is vacant, the Vice Chairman acts as Chairman.
(e) Duties and Powers of Chairman.--The Chairman is the chief
executive and administrative officer of the Board. Subject to the
general policies and decisions of the Board, the Chairman shall--
(1) appoint, supervise, and fix the pay of officers and
employees necessary to carry out this chapter;
(2) distribute business among the officers, employees, and
administrative units of the Board; and
(3) supervise the expenditures of the Board.
(f) Quorum.--Three members of the Board are a quorum in carrying
out duties and powers of the Board.
(g) Offices, Bureaus, and Divisions.--The Board shall establish
offices necessary to carry out this chapter, including an office to
investigate and report on the safe transportation of hazardous
material. The Board shall establish distinct and appropriately staffed
bureaus, divisions, or offices to investigate and report on accidents
involving each of the following modes of transportation:
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(h) Seal.--The Board shall have a seal that shall be judicially
recognized.

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(a) Establishment.--If an accident involves a substantial question
about public safety in air transportation, the National Transportation
Safety Board may establish a special board of inquiry composed of--
(1) one member of the Board acting as chairman; and
(2) 2 members representing the public, appointed by the
President on notification of the establishment of the special board
of inquiry.
(b) Qualifications and Conflicts of Interest.--The public members
of a special board of inquiry must be qualified by training and
experience to participate in the inquiry and may not have a pecuniary
interest in an aviation enterprise involved in the accident to be
investigated.
(c) Authority.--A special board of inquiry has the same authority
that the Board has under this chapter.

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(a) General Authority.--(1) The National Transportation Safety
Board, and when authorized by it, a member of the Board, an
administrative law judge employed by or assigned to the Board, or an
officer or employee designated by the Chairman of the Board, may
conduct hearings to carry out this chapter, administer oaths, and
require, by subpena or otherwise, necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1) of this
subsection may be summoned or required to be produced from any place in
the United States to the designated place of the hearing. A witness
summoned under this subsection is entitled to the same fee and mileage
the witness would have been paid in a court of the United States.
(3) A subpena shall be issued under the signature of the Chairman
or the Chairman's delegate but may be served by any person designated
by the Chairman.
(4) If a person disobeys a subpena, order, or inspection notice of
the Board, the Board may bring a civil action in a district court of
the United States to enforce the subpena, order, or notice. An action
under this paragraph may be brought in the judicial district in which
the person against whom the action is brought resides, is found, or
does business. The court may punish a failure to obey an order of the
court to comply with the subpena, order, or notice as a contempt of
court.
(b) Additional Powers.--(1) The Board may--
(A) procure the temporary or intermittent services of experts
or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary to carry
out this chapter without regard to section 3709 of the Revised
Statutes (41 U.S.C. 5);
(C) use, when appropriate, available services, equipment,
personnel, and facilities of a department, agency, or
instrumentality of the United States Government on a reimbursable
or other basis;
(D) confer with employees and use services, records, and
facilities of State and local governmental authorities;
(E) appoint advisory committees composed of qualified private
citizens and officials of the Government and State and local
governments as appropriate;
(F) accept voluntary and uncompensated services notwithstanding
another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry out studies
related to duties and powers of the Board; and
(I) require that the departments, agencies, and
instrumentalities of the Government, State and local governments,
and governments of foreign countries provide appropriate
consideration for the reasonable costs of goods and services
supplied by the Board.
(2) The Board shall deposit in the Treasury amounts received under
paragraph (1)(I) of this subsection to be credited to the appropriation
of the Board.
(c) Submission of Certain Copies to Congress.--When the Board
submits to the President or the Director of the Office of Management
and Budget a budget estimate, budget request, supplemental budget
estimate, other budget information, a legislative recommendation,
prepared testimony for congressional hearings, or comments on
legislation, the Board must submit a copy to Congress at the same time.
An officer, department, agency, or instrumentality of the Government
may not require the Board to submit the estimate, request, information,
recommendation, testimony, or comments to another officer, department,
agency, or instrumentality of the Government for approval, comment, or
review before being submitted to Congress.
(d) Liaison Committees.--The Chairman may determine the number of
committees that are appropriate to maintain effective liaison with
other departments, agencies, and instrumentalities of the Government,
State and local governmental authorities, and independent standard-
setting authorities that carry out programs and activities related to
transportation safety. The Board may designate representatives to serve
on or assist those committees.
(e) Inquiries.--The Board, or an officer or employee of the Board
designated by the Chairman, may conduct an inquiry to obtain
information related to transportation safety after publishing notice of
the inquiry in the Federal Register. The Board or designated officer or
employee may require by order a department, agency, or instrumentality
of the Government, a State or local governmental authority, or a person
transporting individuals or property in commerce to submit to the Board
a written report and answers to requests and questions related to a
duty or power of the Board. The Board may prescribe the time within
which the report and answers must be given to the Board or to the
designated officer or employee. Copies of the report and answers shall
be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to carry out
this chapter.

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(a) General.--Except as provided in subsections (b) and (c) of this
section, a copy of a record, information, or investigation submitted or
received by the National Transportation Safety Board, or a member or
employee of the Board, shall be made available to the public on
identifiable request and at reasonable cost. This subsection does not
require the release of information described by section 552(b) of title
5 or protected from disclosure by another law of the United States.
(b) Trade Secrets.--(1) The Board may disclose information related
to a trade secret referred to in section 1905 of title 18 only--
(A) to another department, agency, or instrumentality of the
United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the
subject matter to which the information is related, when requested
by that committee;
(C) in a judicial proceeding under a court order that preserves
the confidentiality of the information without impairing the
proceeding; and
(D) to the public to protect health and safety after giving
notice to any interested person to whom the information is related
and an opportunity for that person to comment in writing, or orally
in closed session, on the proposed disclosure, if the delay
resulting from notice and opportunity for comment would not be
detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection
may be disclosed only in a way designed to preserve its
confidentiality.
(c) Cockpit Voice Recordings and Transcripts.--(1) The Board may
not disclose publicly any part of a cockpit voice recorder recording or
transcript of oral communications by and between flight crew members
and ground stations related to an accident or incident investigated by
the Board. However, the Board shall make public any part of a
transcript the Board decides is relevant to the accident or incident--
(A) if the Board holds a public hearing on the accident or
incident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a
majority of the other factual reports on the accident or incident
are placed in the public docket.
(2) This subsection does not prevent the Board from referring at
any time to cockpit voice recorder information in making safety
recommendations.
(d) Drug Tests.--(1) Notwithstanding section 503(e) of the
Supplemental Appropriations Act, 1987 (Public Law 100-71, 101 Stat.
471), the Secretary of Transportation shall provide the following
information to the Board when requested in writing by the Board:
(A) any report of a confirmed positive toxicological test,
verified as positive by a medical review officer, conducted on an
officer or employee of the Department of Transportation under post-
accident, unsafe practice, or reasonable suspicion toxicological
testing requirements of the Department, when the officer or
employee is reasonably associated with the circumstances of an
accident or incident under the investigative jurisdiction of the
Board.
(B) any laboratory record documenting that the test is
confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the
Board shall maintain the confidentiality of, and exempt from disclosure
under section 552(b)(3) of title 5--
(A) a laboratory record provided the Board under paragraph (1)
of this subsection that reveals medical use of a drug allowed under
applicable regulations; and
(B) medical information provided by the tested officer or
employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under
paragraph (1) of this subsection to develop an evidentiary record in an
investigation of an accident or incident if--
(A) the fitness of the tested officer or employee is at issue
in the investigation; and
(B) the use of that record is necessary to develop the
evidentiary record.

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(a) Definition.--In this section, ``Institute'' means the
Transportation Safety Institute of the Department of Transportation and
any successor organization of the Institute.
(b) Use of Institute Services.--The National Transportation Safety
Board may use, on a reimbursable basis, the services of the Institute.
The Secretary of Transportation shall make the Institute available to--
(1) the Board for safety training of employees of the Board in
carrying out their duties and powers; and
(2) other safety personnel of the United States Government,
State and local governments, governments of foreign countries,
interstate authorities, and private organizations the Board
designates in consultation with the Secretary.
(c) Fees.--(1) Training at the Institute for safety personnel
(except employees of the Government) shall be provided at a reasonable
fee established periodically by the Board in consultation with the
Secretary. The fee shall be paid directly to the Secretary, and the
Secretary shall deposit the fee in the Treasury. The amount of the
fee--
(A) shall be credited to the appropriate appropriation (subject
to the requirements of any annual appropriation); and
(B) is an offset against any annual reimbursement agreement
between the Board and the Secretary to cover all reasonable costs
of providing training under this subsection that the Secretary
incurs in operating the Institute.
(2) The Board shall maintain an annual record of offsets under
paragraph (1)(B) of this subsection.

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(a) Periodic Reports.--The National Transportation Safety Board
shall report periodically to Congress, departments, agencies, and
instrumentalities of the United States Government and State and local
governmental authorities concerned with transportation safety, and
other interested persons. The report shall--
(1) advocate meaningful responses to reduce the likelihood of
transportation accidents similar to those investigated by the
Board; and
(2) propose corrective action to make the transportation of
individuals as safe and free from risk of injury as possible,
including action to minimize personal injuries that occur in
transportation accidents.
(b) Studies, Investigations, and Other Reports.--The Board also
shall--
(1) carry out special studies and investigations about
transportation safety, including avoiding personal injury;
(2) examine techniques and methods of accident investigation
and periodically publish recommended procedures for accident
investigations;
(3) prescribe requirements for persons reporting accidents and
aviation incidents that--
(A) may be investigated by the Board under this chapter; or
(B) involve public aircraft (except aircraft of the armed
forces and the intelligence agencies);
(4) evaluate, examine the effectiveness of, and publish the
findings of the Board about the transportation safety consciousness
of other departments, agencies, and instrumentalities of the
Government and their effectiveness in preventing accidents; and
(5) evaluate the adequacy of safeguards and procedures for the
transportation of hazardous material and the performance of other
departments, agencies, and instrumentalities of the Government
responsible for the safe transportation of that material.

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The National Transportation Safety Board shall submit a report to
Congress on July 1 of each year. The report shall include--
(1) a statistical and analytical summary of the transportation
accident investigations conducted and reviewed by the Board during
the prior calendar year;
(2) a survey and summary of the recommendations made by the
Board to reduce the likelihood of recurrence of those accidents
together with the observed response to each recommendation;
(3) a detailed appraisal of the accident investigation and
accident prevention activities of other departments, agencies, and
instrumentalities of the United States Government and State and
local governmental authorities having responsibility for those
activities under a law of the United States or a State; and
(4) an evaluation conducted every 2 years of transportation
safety and recommendations for legislative and administrative
action and change.

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(a) General.--Not more than $38,800,000 may be appropriated to the
National Transportation Safety Board for the fiscal year ending
September 30, 1993, to carry out this chapter.
(b) Emergency Fund.--The Board has an emergency fund of $1,000,000
available for necessary expenses of the Board, not otherwise provided
for, for accident investigations. The following amounts may be
appropriated to the fund:
(1) $1,000,000 to establish the fund.
(2) amounts equal to amounts expended annually out of the fund.
(c) Availability of Amounts.--Amounts appropriated under this
section remain available until expended.
SUBCHAPTER III--AUTHORITY

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(a) General.--(1) The National Transportation Safety Board shall
investigate or have investigated (in detail the Board prescribes) and
establish the facts, circumstances, and cause or probable cause of--
(A) an aircraft accident the Board has authority to investigate
under section 1132 of this title;
(B) a highway accident, including a railroad grade crossing
accident, the Board selects in cooperation with a State;
(C) a railroad accident in which there is a fatality or
substantial property damage, or that involves a passenger train;
(D) a pipeline accident in which there is a fatality,
substantial property damage, or significant injury to the
environment;
(E) a major marine casualty (except a casualty involving only
public vessels) occurring on the navigable waters or territorial
sea of the United States, or involving a vessel of the United
States, under regulations prescribed jointly by the Board and the
head of the department in which the Coast Guard is operating; and
(F) any other accident related to the transportation of
individuals or property when the Board decides--
(i) the accident is catastrophic;
(ii) the accident involves problems of a recurring
character; or
(iii) the investigation of the accident would carry out
this chapter.
(2) An investigation by the Board under paragraph (1)(A)-(D) or (F)
of this subsection has priority over any investigation by another
department, agency, or instrumentality of the United States Government.
The Board shall provide for appropriate participation by other
departments, agencies, or instrumentalities in the investigation.
However, those departments, agencies, or instrumentalities may not
participate in the decision of the Board about the probable cause of
the accident.
(3) This section and sections 1113, 1116(b), 1133, and 1134(a) and
(c)-(e) of this title do not affect the authority of another
department, agency, or instrumentality of the Government to investigate
an accident under applicable law or to obtain information directly from
the parties involved in, and witnesses to, the accident. The Board and
other departments, agencies, and instrumentalities shall ensure that
appropriate information developed about the accident is exchanged in a
timely manner.
(b) Accidents Involving Public Vessels.--(1) The Board or the head
of the department in which the Coast Guard is operating shall
investigate and establish the facts, circumstances, and cause or
probable cause of a marine accident involving a public vessel and any
other vessel. The results of the investigation shall be made available
to the public.
(2) Paragraph (1) of this subsection and subsection (a)(1)(E) of
this section do not affect the responsibility, under another law of the
United States, of the head of the department in which the Coast Guard
is operating.
(c) Accidents Not Involving Government Misfeasance or
Nonfeasance.--(1) When asked by the Board, the Secretary of
Transportation may--
(A) investigate an accident described under subsection (a) or
(b) of this section in which misfeasance or nonfeasance by the
Government has not been alleged; and
(B) report the facts and circumstances of the accident to the
Board.
(2) The Board shall use the report in establishing cause or
probable cause of an accident described under subsection (a) or (b) of
this section.
(d) Accident Reports.--The Board shall report on the facts and
circumstances of each accident investigated by it under subsection (a)
or (b) of this section. The Board shall make each report available to
the public at reasonable cost.

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(a) General Authority.--(1) The National Transportation Safety
Board shall investigate--
(A) each accident involving civil aircraft; and
(B) with the participation of appropriate military authorities,
each accident involving both military and civil aircraft.
(2) A person employed under section 1113(b)(1) of this title that
is conducting an investigation or hearing about an aircraft accident
has the same authority to conduct the investigation or hearing as the
Board.
(b) Notification and Reporting.--The Board shall prescribe
regulations governing the notification and reporting of accidents
involving civil aircraft.
(c) Participation of Secretary.--The Board shall provide for the
participation of the Secretary of Transportation in the investigation
of an aircraft accident under this chapter when participation is
necessary to carry out the duties and powers of the Secretary. However,
the Secretary may not participate in establishing probable cause.
(d) Accidents Involving Only Military Aircraft.--If an accident
involves only military aircraft and a duty of the Secretary is or may
be involved, the military authorities shall provide for the
participation of the Secretary. In any other accident involving only
military aircraft, the military authorities shall give the Board or
Secretary information the military authorities decide would contribute
to the promotion of air safety.

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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.

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(a) Entry and Inspection.--An officer or employee of the National
Transportation Safety Board--
(1) on display of appropriate credentials and written notice of
inspection authority, may enter property where a transportation
accident has occurred or wreckage from the accident is located and
do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record, process,
control, or facility related to an accident investigation under
this chapter.
(b) Inspection, Testing, Preservation, and Moving of Aircraft and
Parts.--(1) In investigating an aircraft accident under this chapter,
the Board may inspect and test, to the extent necessary, any civil
aircraft, aircraft engine, propeller, appliance, or property on an
aircraft involved in an accident in air commerce.
(2) Any civil aircraft, aircraft engine, propeller, appliance, or
property on an aircraft involved in an accident in air commerce shall
be preserved, and may be moved, only as provided by regulations of the
Board.
(c) Avoiding Unnecessary Interference and Preserving Evidence.--In
carrying out subsection (a)(1) of this section, an officer or employee
may examine or test any vehicle, vessel, rolling stock, track, or
pipeline component. The examination or test shall be conducted in a way
that--
(1) does not interfere unnecessarily with transportation
services provided by the owner or operator of the vehicle, vessel,
rolling stock, track, or pipeline component; and
(2) to the maximum extent feasible, preserves evidence related
to the accident, consistent with the needs of the investigation and
with the cooperation of that owner or operator.
(d) Exclusive Authority of Board.--Only the Board has the authority
to decide on the way in which testing under this section will be
conducted, including decisions on the person that will conduct the
test, the type of test that will be conducted, and any individual who
will witness the test. Those decisions are committed to the discretion
of the Board. The Board shall make any of those decisions based on the
needs of the investigation being conducted and, when applicable,
subsections (a), (c), and (e) of this section.
(e) Promptness of Tests and Availability of Results.--An
inspection, examination, or test under subsection (a) or (c) of this
section shall be started and completed promptly, and the results shall
be made available.
(f) Autopsies.--(1) The Board may order an autopsy to be performed
and have other tests made when necessary to investigate an accident
under this chapter. However, local law protecting religious beliefs
related to autopsies shall be observed to the extent consistent with
the needs of the accident investigation.
(2) With or without reimbursement, the Board may obtain a copy of
an autopsy report performed by a State or local official on an
individual who died because of a transportation accident investigated
by the Board under this chapter.

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recommendations
(a) General.--When the National Transportation Safety Board submits
a recommendation about transportation safety to the Secretary of
Transportation, the Secretary shall give a formal written response to
each recommendation not later than 90 days after receiving the
recommendation. The response shall indicate whether the Secretary
intends--
(1) to carry out procedures to adopt the complete
recommendation;
(2) to carry out procedures to adopt a part of the
recommendation; or
(3) to refuse to carry out procedures to adopt the
recommendation.
(b) Timetable for Completing Procedures and Reasons for Refusals.--
A response under subsection (a)(1) or (2) of this section shall include
a copy of a proposed timetable for completing the procedures. A
response under subsection (a)(2) of this section shall detail the
reasons for the refusal to carry out procedures on the remainder of the
recommendation. A response under subsection (a)(3) of this section
shall detail the reasons for the refusal to carry out procedures.
(c) Public Availability.--The Board shall make a copy of each
recommendation and response available to the public at reasonable cost.
(d) Reports to Congress.--The Secretary shall submit to Congress on
January 1 of each year a report containing each recommendation on
transportation safety made by the Board to the Secretary during the
prior year and a copy of the Secretary's response to each
recommendation.
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES

8d2e6a9f1d71499df8faee68e42d80841451b2309f70b788cd612724c72b4520

(a) Civil Actions by Board.--The National Transportation Safety
Board may bring a civil action in a district court of the United States
against a person to enforce section 1132, 1134(b) or (f)(1)(related to
an aircraft accident), or 1155(a) of this title or a regulation
prescribed or order issued under any of those sections. An action under
this subsection may be brought in the judicial district in which the
person does business or the violation occurred.
(b) Civil Actions by Attorney General.--On request of the Board,
the Attorney General may bring a civil action in an appropriate court--
(1) to enforce section 1132, 1134(b) or (f)(1)(related to an
aircraft accident), or 1155(a) of this title or a regulation
prescribed or order issued under any of those sections; and
(2) to prosecute a person violating those sections or a
regulation prescribed or order issued under any of those sections.
(c) Participation of Board.--On request of the Attorney General,
the Board may participate in a civil action to enforce section 1132,
1134(b) or (f)(1)(related to an aircraft accident), or 1155(a) of this
title.

8685921ddd725df8a02e030fbfd52ad9efdd871a74f8d0e5ccc78782f117220c

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.

d350d20abf7b3a9bbe47499054f4ce7a8dcb12f2a99112f11764d03a9bec6158

(a) General.--The appropriate court of appeals of the United States
or the United States Court of Appeals for the District of Columbia
Circuit may review a final order of the National Transportation Safety
Board under this chapter. A person disclosing a substantial interest in
the order may apply for review by filing a petition not later than 60
days after the order of the Board is issued.
(b) Persons Seeking Judicial Review of Aviation Matters.--(1) A
person disclosing a substantial interest in an order related to an
aviation matter issued by the Board under this chapter may apply for
review of the order by filing a petition for review in the United
States Court of Appeals for the District of Columbia Circuit or in the
court of appeals of the United States for the circuit in which the
person resides or has its principal place of business. The petition
must be filed not later than 60 days after the order is issued. The
court may allow the petition to be filed after the 60 days only if
there was a reasonable ground for not filing within that 60-day period.
(2) When a petition is filed under paragraph (1) of this
subsection, the clerk of the court immediately shall send a copy of the
petition to the Board. The Board shall file with the court a record of
the proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court has exclusive
jurisdiction to affirm, amend, modify, or set aside any part of the
order and may order the Board to conduct further proceedings. After
reasonable notice to the Board, the court may grant interim relief by
staying the order or taking other appropriate action when cause for its
action exists. Findings of fact by the Board, if supported by
substantial evidence, are conclusive.
(4) In reviewing an order under this subsection, the court may
consider an objection to an order of the Board only if the objection
was made in the proceeding conducted by the Board or if there was a
reasonable ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may be reviewed
only by the Supreme Court under section 1254 of title 28.
(c) Administrator Seeking Judicial Review of Aviation Matters.--
When the Administrator of the Federal Aviation Administration decides
that an order of the Board under section 44709 or 46301(d)(5) of this
title will have a significant adverse impact on carrying out this
chapter related to an aviation matter, the Administrator may obtain
judicial review of the order under section 46110 of this title. The
Administrator shall be made a party to the judicial review proceedings.
Findings of fact of the Board are conclusive if supported by
substantial evidence.

56ba84b60282a686b0c1cd53ceed1017349bc5d5a573af242cb35b4e116bca0c

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

6653090b506597e8deff28720fb49d8eeb4a46d8fa327d13d9a04c042313932c

(a) Civil Penalty.--(1) A person violating section 1132 or 1134(b)
or (f)(1)(related to an aircraft accident) of this title or a
regulation prescribed or order issued under either of those sections is
liable to the United States Government for a civil penalty of not more
than $1,000. A separate violation occurs for each day a violation
continues.
(2) This subsection does not apply to a member of the armed forces
of the United States or an employee of the Department of Defense
subject to the Uniform Code of Military Justice when the member or
employee is performing official duties. The appropriate military
authorities are responsible for taking necessary disciplinary action
and submitting to the National Transportation Safety Board a timely
report on action taken.
(3) The Board may compromise the amount of a civil penalty imposed
under this subsection.
(4) The Government may deduct the amount of a civil penalty imposed
or compromised under this subsection from amounts it owes the person
liable for the penalty.
(5) A civil penalty under this subsection may be collected by
bringing a civil action against the person liable for the penalty. The
action shall conform as nearly as practicable to a civil action in
admiralty.
(b) Criminal Penalty.--A person that knowingly and without
authority removes, conceals, or withholds a part of a civil aircraft
involved in an accident, or property on the aircraft at the time of the
accident, shall be fined under title 18, imprisoned for not more than
10 years, or both.
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
Chapter                                                             Sec.
TRANSPORTATION OF HAZARDOUS MATERIAL................................5101
MASS TRANSPORTATION.................................................5301
INTERMODAL TRANSPORTATION...........................................5501
SANITARY FOOD TRANSPORTATION........................................5701
INTERMODAL SAFE CONTAINER TRANSPORTATION............................5901
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec.
5101.  Purpose.
5102.  Definitions.
5103.  General regulatory authority.
5104.  Representation and tampering.
5105.  Transporting certain highly radioactive material.
5106.  Handling criteria.
5107.  Hazmat employee training requirements and grants.
5108.  Registration.
5109.  Motor carrier safety permits.
5110.  Shipping papers and disclosure.
5111.  Rail tank cars.
5112.  Highway routing of hazardous material.
5113.  Unsatisfactory safety rating.
5114.  Air transportation of ionizing radiation material.
5115.  Training curriculum for the public sector.
5116.  Planning and training grants, monitoring, and review.
5117.  Exemptions and exclusions.
5118.  Inspectors.
5119.  Uniform forms and procedures.
5120.  International uniformity of standards and requirements.
5121.  Administrative.
5122.  Enforcement.
5123.  Civil penalty.
5124.  Criminal penalty.
5125.  Preemption.
5126.  Relationship to other laws.
5127.  Authorization of appropriations.

4a3041fc3b8134f6cb2e44dee205fc40c884314a7d52701618cf7a786d9e0178

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.

8bdbd8bf6a5b4dfd50be2ec0c4d987a515d59e005331f268ebe78720aba1e910

In this chapter--
(1) ``commerce'' means trade or transportation in the
jurisdiction of the United States--
(A) between a place in a State and a place outside of the
State; or
(B) that affects trade or transportation between a place in
a State and a place outside of the State.
(2) ``hazardous material'' means a substance or material the
Secretary of Transportation designates under section 5103(a) of
this title.
(3) ``hazmat employee''--
(A) means an individual--
(i) employed by a hazmat employer; and
(ii) who during the course of employment directly
affects hazardous material transportation safety as the
Secretary decides by regulation;
(B) includes an owner-operator of a motor vehicle
transporting hazardous material in commerce; and
(C) includes an individual, employed by a hazmat employer,
who during the course of employment--
(i) loads, unloads, or handles hazardous material;
(ii) manufactures, reconditions, or tests containers,
drums, and packages represented as qualified for use in
transporting hazardous material;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting
hazardous material; or
(v) operates a vehicle used to transport hazardous
material.
(4) ``hazmat employer''--
(A) means a person using at least one employee of that
person in connection with--
(i) transporting hazardous material in commerce;
(ii) causing hazardous material to be transported in
commerce; or
(iii) manufacturing, reconditioning, or testing
containers, drums, and packages represented as qualified
for use in transporting hazardous material;
(B) includes an owner-operator of a motor vehicle
transporting hazardous material in commerce; and
(C) includes a department, agency, or instrumentality of
the United States Government, or an authority of a State,
political subdivision of a State, or Indian tribe, carrying out
an activity described in subclause (A)(i), (ii), or (iii) of
this clause (4).
(5) ``imminent hazard'' means the existence of a condition that
presents a substantial likelihood that death, serious illness,
severe personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to lessen
the risk of that death, illness, injury, or endangerment.
(6) ``Indian tribe'' has the same meaning given that term in
section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(7) ``motor carrier'' means a motor common carrier, motor
contract carrier, motor private carrier, and freight forwarder as
those terms are defined in section 10102 of this title.
(8) ``national response team'' means the national response team
established under the national contingency plan established under
section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(9) ``person'', in addition to its meaning under section 1 of
title 1--
(A) includes a government, Indian tribe, or authority of a
government or tribe offering hazardous material for
transportation in commerce or transporting hazardous material
to further a commercial enterprise; but
(B) does not include--
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title, a
department, agency, or instrumentality of the Government.
(10) ``public sector employee''--
(A) means an individual employed by a State, political
subdivision of a State, or Indian tribe and who during the
course of employment has responsibilities related to responding
to an accident or incident involving the transportation of
hazardous material;
(B) includes an individual employed by a State, political
subdivision of a State, or Indian tribe as a firefighter or law
enforcement officer; and
(C) includes an individual who volunteers to serve as a
firefighter for a State, political subdivision of a State, or
Indian tribe.
(11) ``State'' means--
(A) except in section 5119 of this title, a State of the
United States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, American Samoa,
Guam, and any other territory or possession of the United
States designated by the Secretary; and
(B) in section 5119 of this title, a State of the United
States and the District of Columbia.
(12) ``transports'' or ``transportation'' means the movement of
property and loading, unloading, or storage incidental to the
movement.
(13) ``United States'' means all of the States.

392f3366a0ebe065f074c3eed3c28b8a4f3398017fa676271d283aa7d6db0b15

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

007aa496c624ac0cba4a0d74325548a762eec6064fe40c65ec782a4826302b8c

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

6afe4a78e392b8ed4c0bd274bb5914785445696d47635636e9f90ad78dc9d72e

(a) Definitions.--In this section, ``high-level radioactive waste''
and ``spent nuclear fuel'' have the same meanings given those terms in
section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Transportation Safety Study.--In consultation with the
Secretary of Energy, the Nuclear Regulatory Commission, potentially
affected States and Indian tribes, representatives of the rail
transportation industry, and shippers of high-level radioactive waste
and spent nuclear fuel, the Secretary of Transportation shall conduct a
study comparing the safety of using trains operated only to transport
high-level radioactive waste and spent nuclear fuel with the safety of
using other methods of rail transportation for transporting that waste
and fuel. The Secretary of Transportation shall submit to Congress not
later than November 16, 1991, a report on the results of the study.
(c) Safe Rail Transportation Regulations.--Not later than November
16, 1992, after considering the results of the study conducted under
subsection (b) of this section, the Secretary of Transportation shall
prescribe amendments to existing regulations that the Secretary
considers appropriate to provide for the safe rail transportation of
high-level radioactive waste and spent nuclear fuel, including trains
operated only for transporting high-level radioactive waste and spent
nuclear fuel.
(d) Routes and Modes Study.--Not later than November 16, 1991, the
Secretary of Transportation shall conduct a study to decide which
factors, if any, shippers and carriers should consider when selecting
routes and modes that would enhance overall public safety related to
the transportation of high-level radioactive waste and spent nuclear
fuel. The study shall include--
(1) notice and opportunity for public comment; and
(2) an assessment of the degree to which at least the following
affect the overall public safety of the transportation:
(A) population densities.
(B) types and conditions of modal infrastructures
(including highways, railbeds, and waterways).
(C) quantities of high-level radioactive waste and spent
nuclear fuel.
(D) emergency response capabilities.
(E) exposure and other risk factors.
(F) terrain considerations.
(G) continuity of routes.
(H) available alternative routes.
(I) environmental impact factors.
(e) Inspections of Motor Vehicles Transporting Certain Material.--
(1) Not later than November 16, 1991, the Secretary of Transportation
shall require by regulation that before each use of a motor vehicle to
transport a highway-route-controlled quantity of radioactive material
in commerce, the vehicle shall be inspected and certified as complying
with this chapter and applicable United States motor carrier safety
laws and regulations. The Secretary may require that the inspection be
carried out by an authorized United States Government inspector or
according to appropriate State procedures.
(2) The Secretary of Transportation may allow a person,
transporting or causing to be transported a highway-route-controlled
quantity of radioactive material, to inspect the motor vehicle used to
transport the material and to certify that the vehicle complies with
this chapter. The inspector qualification requirements the Secretary
prescribes for an individual inspecting a motor vehicle apply to an
individual conducting an inspection under this paragraph.

cba319226c4b741dbf1ea6c456f47a5f094d1d7b6069fe000fd88ae490dfa793

The Secretary of Transportation may prescribe criteria for handling
hazardous material, including--
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for
personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks
posed by the hazardous material;
(5) specifications for the use of equipment and facilities used
in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting
the hazardous material.

454a2dfc3b3539cc716066bfbbfc4e8be160948483d52acda045ddb0344a9041

(a) Training Requirements.--The Secretary of Transportation shall
prescribe by regulation requirements for training that a hazmat
employer must give hazmat employees of the employer on the safe
loading, unloading, handling, storing, and transporting of hazardous
material and emergency preparedness for responding to an accident or
incident involving the transportation of hazardous material. The
regulations--
(1) shall establish the date, as provided by subsection (b) of
this section, by which the training shall be completed; and
(2) may provide for different training for different classes or
categories of hazardous material and hazmat employees.
(b) Beginning and Completing Training.--A hazmat employer shall
begin the training of hazmat employees of the employer not later than 6
months after the Secretary of Transportation prescribes the regulations
under subsection (a) of this section. The training shall be completed
within a reasonable period of time after--
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a
duty or power of a hazmat employee if the individual is employed as
a hazmat employee after the 6-month period.
(c) Certification of Training.--After completing the training, each
hazmat employer shall certify, with documentation the Secretary of
Transportation may require by regulation, that the hazmat employees of
the employer have received training and have been tested on appropriate
transportation areas of responsibility, including at least one of the
following:
(1) recognizing and understanding the Department of
Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous
material placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading
techniques, and strategies to reduce the probability of release or
damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous
material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures
for dealing with an accident or incident involving hazardous
material transportation.
(6) the use of the Department Emergency Response Guidebook and
recognition of its limitations or the use of equivalent documents
and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous
material.
(d) Coordination of Training Requirements.--In consultation with
the Administrator of the Environmental Protection Agency and the
Secretary of Labor, the Secretary of Transportation shall ensure that
the training requirements prescribed under this section do not conflict
with--
(1) the requirements of regulations the Secretary of Labor
prescribes related to hazardous waste operations and emergency
response that are contained in part 1910 of title 29, Code of
Federal Regulations; and
(2) the regulations the Agency prescribes related to worker
protection standards for hazardous waste operations that are
contained in part 311 of title 40, Code of Federal Regulations.
(e) Training Grants.--In consultation with the Secretaries of
Transportation and Labor and the Administrator, the Director of the
National Institute of Environmental Health Sciences may make grants to
train hazmat employees under this section. A grant under this
subsection shall be made to a nonprofit organization that
demonstrates--
(1) expertise in conducting a training program for hazmat
employees; and
(2) the ability to reach and involve in a training program a
target population of hazmat employees.
(f) Relationship to Other Laws.--(1) Chapter 35 of title 44 does
not apply to an activity of the Secretary of Transportation under
subsections (a)-(d) of this section.
(2) An action of the Secretary of Transportation under subsections
(a)-(d) of this section and sections 5106, 5108(a)-(g)(1) and (h), and
5109 of this title is not an exercise, under section 4(b)(1) of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of
statutory authority to prescribe or enforce standards or regulations
affecting occupational safety or health.

d09fbae772556c48ab71289e3e856de4c68a4146d627dbcc50d2aa2fb090b827

(a) Persons Required to File.--(1) A person shall file a
registration statement with the Secretary of Transportation under this
subsection if the person is transporting or causing to be transported
in commerce any of the following:
(A) a highway-route-controlled quantity of radioactive
material.
(B) more than 25 kilograms of a class A or B explosive in a
motor vehicle, rail car, or transport container.
(C) more than one liter in each package of a hazardous material
the Secretary designates as extremely toxic by inhalation.
(D) hazardous material in a bulk package, container, or tank,
as defined by the Secretary, if the package, container, or tank has
a capacity of at least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a bulk
packaging) of a class of hazardous material for which placarding of
a vehicle, rail car, or freight container is required under
regulations prescribed under this chapter.
(2) The Secretary of Transportation may require any of the
following persons to file a registration statement with the Secretary
under this subsection:
(A) a person transporting or causing to be transported
hazardous material in commerce and not required to file a
registration statement under paragraph (1) of this subsection.
(B) a person manufacturing, fabricating, marking, maintaining,
reconditioning, repairing, or testing a package or container the
person represents, marks, certifies, or sells for use in
transporting in commerce hazardous material the Secretary
designates.
(3) A person required to file a registration statement under this
subsection may transport or cause to be transported, or manufacture,
fabricate, mark, maintain, recondition, repair, or test a package or
container for use in transporting, hazardous material, only if the
person has a statement on file as required by this subsection.
(b) Form, Contents, and Limitation on Filings.--(1) A registration
statement under subsection (a) of this section shall be in the form and
contain information the Secretary of Transportation requires by
regulation. The Secretary may use existing forms of the Department of
Transportation and the Environmental Protection Agency to carry out
this subsection. The statement shall include--
(A) the name and principal place of business of the registrant;
(B) a description of each activity the registrant carries out
for which filing a statement under subsection (a) of this section
is required; and
(C) each State in which the person carries out the activity.
(2) A person carrying out more than one activity, or an activity at
more than one location, for which filing is required only has to file
one registration statement to comply with subsection (a) of this
section.
(c) Filing Deadlines and Amendments.--(1) Each person required to
file a registration statement under subsection (a) of this section must
file the first statement not later than March 31, 1992. The Secretary
of Transportation may extend that date to September 30, 1992, for
activities referred to in subsection (a)(1) of this section. A person
shall renew the statement periodically consistent with regulations the
Secretary prescribes, but not more than once each year and not less
than once every 5 years.
(2) The Secretary of Transportation shall decide by regulation when
and under what circumstances a registration statement must be amended
and the procedures to follow in amending the statement.
(d) Simplifying the Registration Process.--The Secretary of
Transportation may take necessary action to simplify the registration
process under subsections (a)-(c) of this section and to minimize the
number of applications, documents, and other information a person is
required to file under this chapter and other laws of the United
States.
(e) Cooperation With Administrator.--The Administrator of the
Environmental Protection Agency shall assist the Secretary of
Transportation in carrying out subsections (a)-(g)(1) and (h) of this
section by providing the Secretary with information the Secretary
requests to carry out the objectives of subsections (a)-(g)(1) and (h).
(f) Availability of Statements.--The Secretary of Transportation
shall make a registration statement filed under subsection (a) of this
section available for inspection by any person for a fee the Secretary
establishes. However, this subsection does not require the release of
information described in section 552(f) of title 5 or otherwise
protected by law from disclosure to the public.
(g) Fees.--(1) The Secretary of Transportation may establish,
impose, and collect from a person required to file a registration
statement under subsection (a) of this section a fee necessary to pay
for the costs of the Secretary in processing the statement.
(2)(A) In addition to a fee established under paragraph (1) of this
subsection, the Secretary of Transportation shall establish and impose
by regulation and collect an annual fee. Subject to subparagraph (B) of
this paragraph, the fee shall be at least $250 but not more than $5,000
from each person required to file a registration statement under this
section. The Secretary shall determine the amount of the fee under this
paragraph on at least one of the following:
(i) gross revenue from transporting hazardous material.
(ii) the type of hazardous material transported or caused to be
transported.
(iii) the amount of hazardous material transported or caused to
be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries out for
which filing a registration statement is required under this
section.
(vi) the threat to property, individuals, and the environment
from an accident or incident involving the hazardous material
transported or caused to be transported.
(vii) the percentage of gross revenue derived from transporting
hazardous material.
(viii) the amount to be made available to carry out sections
5107(e), 5108(g)(2), 5115, and 5116 of this title.
(ix) other factors the Secretary considers appropriate.
(B) The Secretary of Transportation shall adjust the amount being
collected under this paragraph to reflect any unexpended balance in the
account established under section 5116(i) of this title. However, the
Secretary is not required to refund any fee collected under this
paragraph.
(C) The Secretary of Transportation shall transfer to the Secretary
of the Treasury amounts the Secretary of Transportation collects under
this paragraph for deposit in the account the Secretary of the Treasury
establishes under section 5116(i) of this title.
(h) Maintaining Proof of Filing and Payment of Fees.--The Secretary
of Transportation may prescribe regulations requiring a person required
to file a registration statement under subsection (a) of this section
to maintain proof of the filing and payment of fees imposed under
subsection (g) of this section.
(i) Relationship to Other Laws.--(1) Chapter 35 of title 44 does
not apply to an activity of the Secretary of Transportation under
subsections (a)-(g)(1) and (h) of this section.
(2)(A) This section does not apply to an employee of a hazmat
employer.
(B) Subsections (a)-(h) of this section do not apply to a
department, agency, or instrumentality of the United States Government,
an authority of a State or political subdivision of a State, or an
employee of a department, agency, instrumentality, or authority
carrying out official duties.

37b0aee91210eb069496f0d7752a19a3d359b90229a4ecfd90794e6ca9acc79c

(a) Requirement.--A motor carrier may transport or cause to be
transported by motor vehicle in commerce hazardous material only if the
carrier holds a safety permit the Secretary of Transportation issues
under this section authorizing the transportation and keeps a copy of
the permit, or other proof of its existence, in the vehicle. The
Secretary shall issue a permit if the Secretary finds the carrier is
fit, willing, and able--
(1) to provide the transportation to be authorized by the
permit;
(2) to comply with this chapter and regulations the Secretary
prescribes to carry out this chapter; and
(3) to comply with applicable United States motor carrier
safety laws and regulations and applicable minimum financial
responsibility laws and regulations.
(b) Applicable Transportation.--The Secretary shall prescribe by
regulation the hazardous material and amounts of hazardous material to
which this section applies. However, this section shall apply at least
to transportation by a motor carrier, in amounts the Secretary
establishes, of--
(1) a class A or B explosive;
(2) liquefied natural gas;
(3) hazardous material the Secretary designates as extremely
toxic by inhalation; and
(4) a highway-route-controlled quantity of radioactive
material, as defined by the Secretary.
(c) Applications.--A motor carrier shall file an application with
the Secretary for a safety permit to provide transportation under this
section. The Secretary may approve any part of the application or deny
the application. The application shall be under oath and contain
information the Secretary requires by regulation.
(d) Amendments, Suspensions, and Revocations.--(1) After notice and
an opportunity for a hearing, the Secretary may amend, suspend, or
revoke a safety permit, as provided by procedures prescribed under
subsection (e) of this section, when the Secretary decides the motor
carrier is not complying with a requirement of this chapter, a
regulation prescribed under this chapter, or an applicable United
States motor carrier safety law or regulation or minimum financial
responsibility law or regulation.
(2) If the Secretary decides an imminent hazard exists, the
Secretary may amend, suspend, or revoke a permit before scheduling a
hearing.
(e) Procedures.--The Secretary shall prescribe by regulation--
(1) application procedures, including form, content, and fees
necessary to recover the complete cost of carrying out this
section;
(2) standards for deciding the duration, terms, and limitations
of a safety permit;
(3) procedures to amend, suspend, or revoke a permit; and
(4) other procedures the Secretary considers appropriate to
carry out this section.
(f) Shipper Responsibility.--A person offering hazardous material
for motor vehicle transportation in commerce may offer the material to
a motor carrier only if the carrier has a safety permit issued under
this section authorizing the transportation.
(g) Conditions.--A motor carrier may provide transportation under a
safety permit issued under this section only if the carrier complies
with conditions the Secretary finds are required to protect public
safety.
(h) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section not later than November 16, 1991.

4f8fe54453933d8c83032473db265c2f14c315b0c4e662a1e5e2e6f70038d3ee

(a) Providing Shipping Papers.--Each person offering for
transportation in commerce hazardous material to which the shipping
paper requirements of the Secretary of Transportation apply shall
provide to the carrier providing the transportation a shipping paper
that makes the disclosures the Secretary prescribes under subsection
(b) of this section.
(b) Considerations and Requirements.--In carrying out subsection
(a) of this section, the Secretary shall consider and may require--
(1) a description of the hazardous material, including the
proper shipping name;
(2) the hazard class of the hazardous material;
(3) the identification number (UN/NA) of the hazardous
material;
(4) immediate first action emergency response information or a
way for appropriate reference to the information (that must be
available immediately); and
(5) a telephone number for obtaining more specific handling and
mitigation information about the hazardous material at any time
during which the material is transported.
(c) Keeping Shipping Papers on the Vehicle.--(1) A motor carrier,
and the person offering the hazardous material for transportation if a
private motor carrier, shall keep the shipping paper on the vehicle
transporting the material.
(2) Except as provided in paragraph (1) of this subsection, the
shipping paper shall be kept in a location the Secretary specifies in a
motor vehicle, train, vessel, aircraft, or facility until--
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a
department, agency, or instrumentality of the United States
Government or a State or local authority responding to an accident
or incident involving the motor vehicle, train, vessel, aircraft,
or facility.
(d) Disclosure to Emergency Response Authorities.--When an incident
involving hazardous material being transported in commerce occurs, the
person transporting the material, immediately on request of appropriate
emergency response authorities, shall disclose to the authorities
information about the material.

89f759c473a60b1d103ba51517a51fd99958890be2b30b5aa4bdaea0ce135eb5

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

0bf306c527f7d0444333add81a9b42642e9973306b1f2888d35f404586fe6a07

(a) Application.--(1) This section applies to a motor vehicle only
if the vehicle is transporting hazardous material in commerce for which
placarding of the vehicle is required under regulations prescribed
under this chapter. However, the Secretary of Transportation by
regulation may extend application of this section or a standard
prescribed under subsection (b) of this section to--
(A) any use of a vehicle under this paragraph to transport any
hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in
commerce.
(2) Except as provided by subsection (d) of this section and
section 5125(c) of this title, each State and Indian tribe may
establish, maintain, and enforce--
(A) designations of specific highway routes over which
hazardous material may and may not be transported by motor vehicle;
and
(B) limitations and requirements related to highway routing.
(b) Standards for States and Indian Tribes.--(1) The Secretary, in
consultation with the States, shall prescribe by regulation standards
for States and Indian tribes to use in carrying out subsection (a) of
this section. The standards shall include--
(A) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe shall enhance
public safety in the area subject to the jurisdiction of the State
or tribe and in areas of the United States not subject to the
jurisdiction of the State or tribe and directly affected by the
designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public
participation when the State or Indian tribe is establishing a
highway routing designation, limitation, or requirement;
(C) a requirement that, in establishing a highway routing
designation, limitation, or requirement, a State or Indian tribe
consult with appropriate State, local, and tribal officials having
jurisdiction over areas of the United States not subject to the
jurisdiction of that State or tribe establishing the designation,
limitation, or requirement and with affected industries;
(D) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe shall ensure
through highway routing for the transportation of hazardous
material between adjacent areas;
(E) a requirement that a highway routing designation,
limitation, or requirement of one State or Indian tribe affecting
the transportation of hazardous material in another State or tribe
may be established, maintained, and enforced by the State or tribe
establishing the designation, limitation, or requirement only if--
(i) the designation, limitation, or requirement is agreed
to by the other State or tribe within a reasonable period or is
approved by the Secretary under subsection (d) of this section;
and
(ii) the designation, limitation, or requirement is not an
unreasonable burden on commerce;
(F) a requirement that establishing a highway routing
designation, limitation, or requirement of a State or Indian tribe
be completed in a timely way;
(G) a requirement that a highway routing designation,
limitation, or requirement of a State or Indian tribe provide
reasonable routes for motor vehicles transporting hazardous
material to reach terminals, facilities for food, fuel, repairs,
and rest, and places to load and unload hazardous material;
(H) a requirement that a State be responsible--
(i) for ensuring that political subdivisions of the State
comply with standards prescribed under this subsection in
establishing, maintaining, and enforcing a highway routing
designation, limitation, or requirement; and
(ii) for resolving a dispute between political
subdivisions; and
(I) a requirement that, in carrying out subsection (a) of this
section, a State or Indian tribe shall consider--
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous material;
(iv) emergency response capabilities;
(v) the results of consulting with affected persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers appropriate.
(2) The Secretary may not assign a specific weight that a State or
Indian tribe shall use when considering the factors under paragraph
(1)(I) of this subsection.
(c) List of Route Designations.--In coordination with the States,
the Secretary shall update and publish periodically a list of currently
effective hazardous material highway route designations.
(d) Dispute Resolution.--(1) The Secretary shall prescribe
regulations for resolving a dispute related to through highway routing
or to an agreement with a proposed highway route designation,
limitation, or requirement between or among States, political
subdivisions of different States, or Indian tribes.
(2) A State or Indian tribe involved in a dispute under this
subsection may petition the Secretary to resolve the dispute. The
Secretary shall resolve the dispute not later than one year after
receiving the petition. The resolution shall provide the greatest level
of highway safety without being an unreasonable burden on commerce and
shall ensure compliance with standards prescribed under subsection (b)
of this section.
(3)(A) After a petition is filed under this subsection, a civil
action about the subject matter of the dispute may be brought in a
court only after the earlier of--
(i) the day the Secretary issues a final decision; or
(ii) the last day of the one-year period beginning on the day
the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision of the
Secretary under this subsection may bring a civil action for judicial
review of the decision in an appropriate district court of the United
States not later than 89 days after the day the decision becomes final.
(e) Relationship to Other Laws.--This section and regulations
prescribed under this section do not affect sections 31111 and 31113 of
this title or section 127 of title 23.
(f) Existing Radioactive Material Routing Regulations.--The
Secretary is not required to amend or again prescribe regulations
related to highway routing designations over which radioactive material
may and may not be transported by motor vehicles, and limitations and
requirements related to the routing, that were in effect on November
16, 1990.

a2018ef8b578f876020e6e634d6925fa0cd2310ae8f71cbfcbd20650af0deb30

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

966df7463bd9d7581eee50858d73dd028dd607d9ca4c2fbe8a984960dfb82667

(a) Transporting in Air Commerce.--Material that emits ionizing
radiation spontaneously may be transported on a passenger-carrying
aircraft in air commerce (as defined in section 40102(a) of this title)
only if the material is intended for a use in, or incident to, research
or medical diagnosis or treatment and does not present an unreasonable
hazard to health and safety when being prepared for, and during,
transportation.
(b) Procedures.--The Secretary of Transportation shall prescribe
procedures for monitoring and enforcing regulations prescribed under
this section.
(c) Nonapplication.--This section does not apply to material the
Secretary decides does not pose a significant hazard to health or
safety when transported because of its low order of radioactivity.

304d799b529a6484cee6f23a7cdd31f92a7c360829a1a2b97e14007d8dc25c4d

(a) Development and Updating.--Not later than November 16, 1992, in
coordination with the Director of the Federal Emergency Management
Agency, Chairman of the Nuclear Regulatory Commission, Administrator of
the Environmental Protection Agency, Secretaries of Labor, Energy, and
Health and Human Services, and Director of the National Institute of
Environmental Health Sciences, and using the existing coordinating
mechanisms of the national response team and, for radioactive material,
the Federal Radiological Preparedness Coordinating Committee, the
Secretary of Transportation shall develop and update periodically a
curriculum consisting of a list of courses necessary to train public
sector emergency response and preparedness teams. Only in developing
the curriculum, the Secretary of Transportation shall consult with
regional response teams established under the national contingency plan
established under section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605),
representatives of commissions established under section 301 of the
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001), persons (including governmental entities) that provide training
for responding to accidents and incidents involving the transportation
of hazardous material, and representatives of persons that respond to
those accidents and incidents.
(b) Requirements.--The curriculum developed under subsection (a) of
this section--
(1) shall include--
(A) a recommended course of study to train public sector
employees to respond to an accident or incident involving the
transportation of hazardous material and to plan for those
responses;
(B) recommended basic courses and minimum number of hours
of instruction necessary for public sector employees to be able
to respond safely and efficiently to an accident or incident
involving the transportation of hazardous material and to plan
those responses; and
(C) appropriate emergency response training and planning
programs for public sector employees developed under other
United States Government grant programs, including those
developed with grants made under section 126 of the Superfund
Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a);
and
(2) may include recommendations on material appropriate for use
in a recommended basic course described in clause (1)(B) of this
subsection.
(c) Training on Complying With Legal Requirements.--A recommended
basic course described in subsection (b)(1)(B) of this section shall
provide the training necessary for public sector employees to comply
with--
(1) regulations related to hazardous waste operations and
emergency response contained in part 1910 of title 29, Code of
Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection standards for
hazardous waste operations contained in part 311 of title 40, Code
of Federal Regulations, prescribed by the Administrator; and
(3) standards related to emergency response training prescribed
by the National Fire Protection Association.
(d) Distribution and Publication.--With the national response
team--
(1) the Director of the Federal Emergency Management Agency
shall distribute the curriculum and any updates to the curriculum
to the regional response teams and all committees and commissions
established under section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
(2) the Secretary of Transportation may publish a list of
programs that uses a course developed under this section for
training public sector employees to respond to an accident or
incident involving the transportation of hazardous material.

f8c6b18e977b4b2eeebe22956891ad8f9b64a7e115497c51a2f16ea0bb035ec5

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

96d9f500596849895e60702a5bd02296a958bb1aa7ea5042c2e56df93a897a11

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

32f00d8323f2ef56b9e5ceb2ba2ad8474eb5a8941a19832737f0dd15dd00db91

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

60049f04ba16bd765bdb29c587018a9ac4369cadb3946c0f7f7bf9094cfcd66c

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

c55802e813d14abbc3d85b12f5d51093ee2817459ea808e58e4adb2842af59a2

(a) Participation in International Forums.--Subject to guidance and
direction from the Secretary of State, the Secretary of Transportation
shall participate in international forums that establish or recommend
mandatory standards and requirements for transporting hazardous
material in international commerce.
(b) Consultation.--The Secretary of Transportation may consult with
interested authorities to ensure that, to the extent practicable,
regulations the Secretary prescribes under sections 5103(b), 5104,
5110, and 5112 of this title are consistent with standards related to
transporting hazardous material that international authorities adopt.
(c) Differences With International Standards and Requirements.--
This section--
(1) does not require the Secretary of Transportation to
prescribe a standard identical to a standard adopted by an
international authority if the Secretary decides the standard is
unnecessary or unsafe; and
(2) does not prohibit the Secretary from prescribing a safety
requirement more stringent than a requirement included in a
standard adopted by an international authority if the Secretary
decides the requirement is necessary in the public interest.

8261c6224883cdc079974dadec9da9d184e70d86e275e5aa01c4f52e690f4e53

(a) General Authority.--To carry out this chapter, the Secretary of
Transportation may investigate, make reports, issue subpenas, conduct
hearings, require the production of records and property, take
depositions, and conduct research, development, demonstration, and
training activities. After notice and an opportunity for a hearing, the
Secretary may issue an order requiring compliance with this chapter or
a regulation prescribed under this chapter.
(b) Records, Reports, and Information.--A person subject to this
chapter shall--
(1) maintain records, make reports, and provide information the
Secretary by regulation or order requires; and
(2) make the records, reports, and information available when
the Secretary requests.
(c) Inspection.--(1) The Secretary may authorize an officer,
employee, or agent to inspect, at a reasonable time and in a reasonable
way, records and property related to--
(A) manufacturing, fabricating, marking, maintaining,
reconditioning, repairing, testing, or distributing a package or
container for use by a person in transporting hazardous material in
commerce; or
(B) the transportation of hazardous material in commerce.
(2) An officer, employee, or agent under this subsection shall
display proper credentials when requested.
(d) Facility, Staff, and Reporting System on Risks, Emergencies,
and Actions.--(1) The Secretary shall--
(A) maintain a facility and technical staff sufficient to
provide, within the United States Government, the capability of
evaluating a risk related to the transportation of hazardous
material and material alleged to be hazardous;
(B) maintain a central reporting system and information center
capable of providing information and advice to law enforcement and
firefighting personnel, other interested individuals, and officers
and employees of the Government and State and local governments on
meeting an emergency related to the transportation of hazardous
material; and
(C) conduct a continuous review on all aspects of transporting
hazardous material to decide on and take appropriate actions to
ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not prevent the Secretary
from making a contract with a private entity for use of a supplemental
reporting system and information center operated and maintained by the
contractor.
(e) Annual Report.--The Secretary shall submit to the President,
for submission to Congress, not later than June 15th of each year, a
report about the transportation of hazardous material during the prior
calendar year. The report shall include--
(1) a statistical compilation of accidents and casualties
related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations,
criteria, orders, and exemptions;
(3) a summary of the basis for each exemption;
(4) an evaluation of the effectiveness of enforcement
activities and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this
chapter in order of priority; and
(6) recommendations for appropriate legislation.

c994cef8e8f14bb84d315123eae6b4b6f6a77f44bebde2e5ebe89ec8c936872c

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

469bf5dbf0efbe6abb56f4f784b1820fa705a22f04770e117aedbc72a973c2f9

(a) Penalty.--(1) A person that knowingly violates this chapter or
a regulation prescribed or order issued under this chapter is liable to
the United States Government for a civil penalty of at least $250 but
not more than $25,000 for each violation. A person acts knowingly
when--
(A) the person has actual knowledge of the facts giving rise to
the violation; or
(B) a reasonable person acting in the circumstances and
exercising reasonable care would have that knowledge.
(2) A separate violation occurs for each day the violation,
committed by a person that transports or causes to be transported
hazardous material, continues.
(b) Hearing Requirement.--The Secretary of Transportation may find
that a person has violated this chapter or a regulation prescribed
under this chapter only after notice and an opportunity for a hearing.
The Secretary shall impose a penalty under this section by giving the
person written notice of the amount of the penalty.
(c) Penalty Considerations.--In determining the amount of a civil
penalty under this section, the Secretary shall consider--
(1) the nature, circumstances, extent, and gravity of the
violation;
(2) with respect to the violator, the degree of culpability,
any history of prior violations, the ability to pay, and any effect
on the ability to continue to do business; and
(3) other matters that justice requires.
(d) Civil Actions To Collect.--The Attorney General may bring a
civil action in an appropriate district court of the United States to
collect a civil penalty under this section.
(e) Compromise.--The Secretary may compromise the amount of a civil
penalty imposed under this section before referral to the Attorney
General.
(f) Setoff.--The Government may deduct the amount of a civil
penalty imposed or compromised under this section from amounts it owes
the person liable for the penalty.
(g) Depositing Amounts Collected.--Amounts collected under this
section shall be deposited in the Treasury as miscellaneous receipts.

d8e0bfbdb5a7386181057b711f5089b9fde79b8e927c4f2f3880fc497764372c

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.

27ccff2fbeb07d8f7ee072be9377308e942389fd8c7cec6ed51d2a66b9209462

(a) General.--Except as provided in subsections (b), (c), and (e)
of this section, a requirement of a State, political subdivision of a
State, or Indian tribe is preempted if--
(1) complying with a requirement of the State, political
subdivision, or tribe and a requirement of this chapter or a
regulation prescribed under this chapter is not possible; or
(2) the requirement of the State, political subdivision, or
tribe, as applied or enforced, is an obstacle to accomplishing and
carrying out this chapter or a regulation prescribed under this
chapter.
(b) Substantive Differences.--(1) Except as provided in subsection
(c) of this section, a law, regulation, order, or other requirement of
a State, political subdivision of a State, or Indian tribe about any of
the following subjects, that is not substantively the same as a
provision of this chapter or a regulation prescribed under this
chapter, is preempted:
(A) the designation, description, and classification of
hazardous material.
(B) the packing, repacking, handling, labeling, marking, and
placarding of hazardous material.
(C) the preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the
number, contents, and placement of those documents.
(D) the written notification, recording, and reporting of the
unintentional release in transportation of hazardous material.
(E) the design, manufacturing, fabricating, marking,
maintenance, reconditioning, repairing, or testing of a package or
container represented, marked, certified, or sold as qualified for
use in transporting hazardous material.
(2) If the Secretary of Transportation prescribes or has prescribed
under section 5103(b), 5104, 5110, or 5112 of this title or prior
comparable provision of law a regulation or standard related to a
subject referred to in paragraph (1) of this subsection, a State,
political subdivision of a State, or Indian tribe may prescribe, issue,
maintain, and enforce only a law, regulation, standard, or order about
the subject that is substantively the same as a provision of this
chapter or a regulation prescribed or order issued under this chapter.
The Secretary shall decide on and publish in the Federal Register the
effective date of section 5103(b) of this title for any regulation or
standard about any of those subjects that the Secretary prescribes
after November 16, 1990. However, the effective date may not be earlier
than 90 days after the Secretary prescribes the regulation or standard
nor later than the last day of the 2-year period beginning on the date
the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian tribe
imposes a fine or penalty the Secretary decides is appropriate for a
violation related to a subject referred to in paragraph (1) of this
subsection, an additional fine or penalty may not be imposed by any
other authority.
(c) Compliance With Section 5112(b) Regulations.--(1) Except as
provided in paragraph (2) of this subsection, after the last day of the
2-year period beginning on the date a regulation is prescribed under
section 5112(b) of this title, a State or Indian tribe may establish,
maintain, or enforce a highway routing designation over which hazardous
material may or may not be transported by motor vehicles, or a
limitation or requirement related to highway routing, only if the
designation, limitation, or requirement complies with section 5112(b).
(2)(A) A highway routing designation, limitation, or requirement
established before the date a regulation is prescribed under section
5112(b) of this title does not have to comply with section
5112(b)(1)(B), (C), and (F).
(B) This subsection and section 5112 of this title do not require a
State or Indian tribe to comply with section 5112(b)(1)(I) if the
highway routing designation, limitation, or requirement was established
before November 16, 1990.
(C) The Secretary may allow a highway routing designation,
limitation, or requirement to continue in effect until a dispute
related to the designation, limitation, or requirement is resolved
under section 5112(d) of this title.
(d) Decisions on Preemption.--(1) A person (including a State,
political subdivision of a State, or Indian tribe) directly affected by
a requirement of a State, political subdivision, or tribe may apply to
the Secretary, as provided by regulations prescribed by the Secretary,
for a decision on whether the requirement is preempted by subsection
(a), (b)(1), or (c) of this section. The Secretary shall publish notice
of the application in the Federal Register. After notice is published,
an applicant may not seek judicial relief on the same or substantially
the same issue until the Secretary takes final action on the
application or until 180 days after the application is filed, whichever
occurs first.
(2) After consulting with States, political subdivisions of States,
and Indian tribes, the Secretary shall prescribe regulations for
carrying out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State,
political subdivision of a State, or Indian tribe, or another person
directly affected by a requirement, from seeking a decision on
preemption from a court of competent jurisdiction instead of applying
to the Secretary under paragraph (1) of this subsection.
(e) Waiver of Preemption.--A State, political subdivision of a
State, or Indian tribe may apply to the Secretary for a waiver of
preemption of a requirement the State, political subdivision, or tribe
acknowledges is preempted by subsection (a), (b)(1), or (c) of this
section. Under a procedure the Secretary prescribes by regulation, the
Secretary may waive preemption on deciding the requirement--
(1) provides the public at least as much protection as do
requirements of this chapter and regulations prescribed under this
chapter; and
(2) is not an unreasonable burden on commerce.
(f) Judicial Review.--A party to a proceeding under subsection (d)
or (e) of this section may bring a civil action in an appropriate
district court of the United States for judicial review of the decision
of the Secretary not later than 60 days after the decision becomes
final.
(g) Fees.--A State, political subdivision of a State, or Indian
tribe may impose a fee related to transporting hazardous material only
if the fee is fair and used for a purpose related to transporting
hazardous material, including enforcement and planning, developing, and
maintaining a capability for emergency response.

858b6e21d34c57e8228d56281476b21eda3d5f777323a9a300185964b618b912

(a) Contracts.--A person under contract with a department, agency,
or instrumentality of the United States Government that transports or
causes to be transported hazardous material, or manufactures,
fabricates, marks, maintains, reconditions, repairs, or tests a package
or container that the person represents, marks, certifies, or sells as
qualified for use in transporting hazardous material must comply with
this chapter, regulations prescribed and orders issued under this
chapter, and all other requirements of the Government, State and local
governments, and Indian tribes (except a requirement preempted by a law
of the United States) in the same way and to the same extent that any
person engaging in that transportation, manufacturing, fabricating,
marking, maintenance, reconditioning, repairing, or testing that is in
or affects commerce must comply with the provision, regulation, order,
or requirement.
(b) Nonapplication.--This chapter does not apply to--
(1) a pipeline subject to regulation under chapter 601 of this
title; or
(2) any matter that is subject to the postal laws and
regulations of the United States under this chapter or title 18 or
39.

06d483db1795ecb1e9fa85e5e9c72f2a6a78d8ffcaaf0a6d113e755d1f6c3113

(a) General.--Not more than $18,000,000 may be appropriated to the
Secretary of Transportation for the fiscal year ending September 30,
1993, to carry out this chapter (except sections 5107(e), 5108(g)(2),
5113, 5115, 5116, and 5119).
(b) Hazmat Employee Training.--Not more than $250,000 is available
to the Director of the National Institute of Environmental Health
Sciences from the account established under section 5116(i) of this
title for each of the fiscal years ending September 30, 1993-1998, to
carry out section 5107(e) of this title.
(c) Training Curriculum.--(1) Not more than $1,000,000 is available
to the Secretary of Transportation from the account established under
section 5116(i) of this title for each of the fiscal years ending
September 30, 1993-1998, to carry out section 5115 of this title.
(2) The Secretary of Transportation may transfer to the Director of
the Federal Emergency Management Agency from amounts available under
this subsection amounts necessary to carry out section 5115(d)(1) of
this title.
(d) Planning and Training.--(1) Not more than $5,000,000 is
available to the Secretary of Transportation from the account
established under section 5116(i) of this title for each of the fiscal
years ending September 30, 1993-1998, to carry out section 5116(a) of
this title.
(2) Not more than $7,800,000 is available to the Secretary of
Transportation from the account established under section 5116(i) of
this title for each of the fiscal years ending September 30, 1993-1998,
to carry out section 5116(b) of this title.
(3) Not more than the following amounts are available from the
account established under section 5116(i) of this title for each of the
fiscal years ending September 30, 1993-1998, to carry out section
5116(f) of this title:
(A) $750,000 each to the Secretaries of Transportation and
Energy, Administrator of the Environmental Protection Agency, and
Director of the Federal Emergency Management Agency.
(B) $200,000 to the Director of the National Institute of
Environmental Health Sciences.
(e) Uniform Forms and Procedures.--Not more than $400,000 may be
appropriated to the Secretary of Transportation for the fiscal year
ending September 30, 1993, to carry out section 5119 of this title.
(f) Credits to Appropriations.--The Secretary of Transportation may
credit to any appropriation to carry out this chapter an amount
received from a State, Indian tribe, or other public authority or
private entity for expenses the Secretary incurs in providing training
to the State, authority, or entity.
(g) Availability of Amounts.--Amounts available under subsections
(c)-(e) of this section remain available until expended.
CHAPTER 53--MASS TRANSPORTATION
Sec.
5301.  Policies, findings, and purposes.
5302.  Definitions.
5303.  Metropolitan planning.
5304.  Transportation improvement program.
5305.  Transportation management areas.
5306.  Private enterprise participation in metropolitan planning and
transportation improvement programs and relationship to other
limitations.
5307.  Block grants.
5308.  Mass Transit Account block grants.
5309.  Discretionary grants and loans.
5310.  Grants and loans for special needs of elderly individuals and
individuals with disabilities.
5311.  Financial assistance for other than urbanized areas.
5312.  Research, development, demonstration, and training projects.
5313.  State planning and research programs.
5314.  National planning and research programs.
5315.  National mass transportation institute.
5316.  University research institutes.
5317.  Transportation centers.
5318.  Bus testing facility.
5319.  Bicycle facilities.
5320.  Suspended light rail system technology pilot project.
5321.  Crime prevention and security.
5322.  Human resource programs.
5323.  General provisions on assistance.
5324.  Limitations on discretionary and special needs grants and loans.
5325.  Contract requirements.
5326.  Special procurements.
5327.  Project management oversight.
5328.  Project review.
5329.  Investigation of safety hazards.
5330.  Withholding amounts for noncompliance with safety requirements.
5331.  Alcohol and controlled substances testing.
5332.  Nondiscrimination.
5333.  Labor standards.
5334.  Administrative.
5335.  Reports and audits.
5336.  Apportionment of appropriations for block grants.
5337.  Apportionment of appropriations for fixed guideway modernization.
5338.  Authorizations.

fee27d794cedab841064199ea63f83205f85d26c5b22ec6ddfc436308dba3ec1

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

36e901cfea8aadd58a6befd196e9808f2fc774a98e9dbdecb7bb3bea891bcca6

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

ec0fa4d1a478734903c9ffb1559acc1bd95f8789141530811536114af06cefff

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

15f84f6348512de5f00f8f625f512dafda59628e774841c59602ac83a1d00748

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

83ea27d32df19f930874be59df678cc2f92e219a5ededd67c32ac3a448b33bb1

(a) Designation.--The Secretary of Transportation shall designate
as a transportation management area--
(1) each urbanized area with a population of more than 200,000;
and
(2) any other area, including the Lake Tahoe Basin as defined
in the Act of December 19, 1980 (Public Law 96-551, 94 Stat. 3233),
when requested by the chief executive officer and the metropolitan
organization designated for the area or the affected local
officials.
(b) Transportation Plans and Programs.--Transportation plans and
programs in a transportation management area shall be based on a
continuing and comprehensive transportation planning process the
metropolitan planning organization carries out in cooperation with the
State and mass transportation operators.
(c) Congestion Management System.--The transportation planning
process under sections 5303, 5304, and 5306 of this title in a
transportation management area shall include a congestion management
system providing for effective management, through travel demand
reduction and operational management strategies, of new and existing
transportation facilities eligible for financing under this chapter and
title 23. The Secretary shall establish a phase-in schedule to comply
with sections 5303, 5304, and 5306.
(d) Project Selection.--(1)(A) In consultation with the State, the
metropolitan planning organization designated for a transportation
management area shall select the projects to be carried out in the area
with United States Government participation under this chapter or title
23, except projects of the National Highway System or under the Bridge
and Interstate Maintenance programs.
(B) In cooperation with the metropolitan planning organization
designated for a transportation management area, the State shall select
the projects to be carried out in the area of the National Highway
System or under the Bridge and Interstate Maintenance programs.
(2)(A) A selection under this subsection must comply with the
transportation improvement program for the area.
(B) A selection under paragraph (1)(A) of this subsection must
comply with priorities established in the program.
(e) Certification.--(1) At least once every 3 years, the Secretary
shall ensure and certify that each metropolitan planning organization
in each transportation management area is carrying out its
responsibilities under applicable laws of the United States. The
Secretary may make the certification only if the organization is
complying with section 134 of title 23 and other applicable
requirements of laws of the United States and the organization and
chief executive officer have approved a transportation improvement
program for the area.
(2) If the Secretary does not certify before October 1, 1993, that
a metropolitan planning organization is carrying out its
responsibilities, the Secretary may withhold any part of the
apportionment under section 104(b)(3) of title 23 attributed to the
relevant metropolitan area under section 133(d)(3) of title 23 and
capital amounts apportioned under section 5336 of this title. If an
organization remains uncertified for more than 2 consecutive years
after September 30, 1994, 20 percent of that apportionment and capital
amounts shall be withheld. The withheld apportionments shall be
restored when the Secretary certifies the organization.
(3) The Secretary may not withhold certification based on the
policies and criteria a metropolitan planning organization or mass
transportation grant recipient establishes under section 5306(a) of
this title for deciding the feasibility of private enterprise
participation.
(f) Additional Requirements for Certain Nonattainment Areas.--
Government amounts may be made available for a mass transportation
project resulting in a significant increase in carrying capacity for
single occupant vehicles in a transportation management area classified
as a nonattainment area for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.) only if the project is part of an
approved congestion management system.
(g) Areas Not Designated Transportation Management Areas.--(1) The
Secretary may provide for the development of abbreviated metropolitan
transportation plans and programs the Secretary decides are appropriate
to carry out this section and sections 5303, 5304, and 5306 of this
title for metropolitan areas not designated transportation management
areas under this section. The Secretary shall consider the complexity
of transportation problems in those areas, including transportation-
related air quality problems.
(2) The Secretary may not provide an abbreviated plan or program
for a metropolitan area in a nonattainment area for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

287c8391f0dd99bc8ad7b2a054452ecb801e9bfc5a0b25c8972681a42297512d

and transportation improvement programs and relationship to
other limitations
(a) Private Enterprise Participation.--A plan or program required
by section 5303, 5304, or 5305 of this title shall encourage to the
maximum extent feasible the participation of private enterprise. If
equipment or a facility already being used in an urban area is to be
acquired under this chapter, the program shall provide that it be
improved so that it will better serve the transportation needs of the
area.
(b) Relationship to Other Limitations.--Sections 5303-5305 of this
title do not authorize--
(1) a metropolitan planning organization to impose a legal
requirement on a transportation facility, provider, or project not
eligible under this chapter or title 23; and
(2) intervention in the management of a transportation
authority.

59f983f1b8dbce2fe820d548c9c76c035bf2ba86dd3e14ecb2c82bc6c8baa2af

(a) Definitions.--In this section--
(1) ``associated capital maintenance items'' means equipment,
tires, tubes, and material, each costing at least .5 percent of the
current fair market value of rolling stock comparable to the
rolling stock for which the equipment, tires, tubes, and material
are to be used.
(2) ``designated recipient'' means--
(A) a person designated, consistent with the planning
process under sections 5303-5306 of this title, by the chief
executive officer of a State, responsible local officials, and
publicly owned operators of mass transportation to receive and
apportion amounts under section 5336 of this title that are
attributable to transportation management areas established
under section 5305(a) of this title;
(B) a State or regional authority if the authority is
responsible under the laws of a State for a capital project and
for financing and directly providing mass transportation; or
(C) a recipient designated under section 5(b)(1) of the
Federal Transit Act not later than January 5, 1983.
(b) General Authority.--(1) The Secretary of Transportation may
make grants under this section for capital projects and to finance the
planning, improvement, and operating costs of equipment, facilities,
and associated capital maintenance items for use in mass
transportation, including the renovation and improvement of historic
transportation facilities with related private investment.
(2) In a transportation management area designated under section
5305(a) of this title, amounts that cannot be used to pay operating
expenses under this section also are available for a highway project
if--
(A) that use is approved by the metropolitan planning
organization under section 5303 of this title after appropriate
notice and an opportunity for comment and appeal is provided to
affected mass transportation providers; and
(B) the Secretary decides the amounts are not needed for
investment required by the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
(3) A grant for a capital project under this section also is
available to finance the leasing of equipment and facilities for use in
mass transportation, subject to regulations the Secretary prescribes
limiting the grant to leasing arrangements that are more cost effective
than acquisition or construction.
(4) A project for the reconstruction of equipment and material,
each of which after reconstruction will have a fair market value of at
least .5 percent of the current fair market value of rolling stock
comparable to the rolling stock for which the equipment and material
will be used, is a capital project for an associated capital
maintenance item under this section.
(5) Amounts under this section are available for a highway project
under title 23 only if amounts used for the State or local share of the
project are eligible to finance either a highway or mass transportation
project.
(c) Public Participation Requirements.--Each recipient of a grant
shall--
(1) make available to the public information on amounts
available to the recipient under this section and the program of
projects the recipient proposes to undertake;
(2) develop, in consultation with interested parties, including
private transportation providers, a proposed program of projects
for activities to be financed;
(3) publish a proposed program of projects in a way that
affected citizens, private transportation providers, and local
elected officials have the opportunity to examine the proposed
program and submit comments on the proposed program and the
performance of the recipient;
(4) provide an opportunity for a public hearing in which to
obtain the views of citizens on the proposed program of projects;
(5) ensure that the proposed program of projects provides for
the coordination of mass transportation services assisted under
section 5336 of this title with transportation services assisted
from other United States Government sources;
(6) consider comments and views received, especially those of
private transportation providers, in preparing the final program of
projects; and
(7) make the final program of projects available to the public.
(d) Grant Recipient Requirements.--A recipient may receive a grant
in a fiscal year only if--
(1) the recipient, within the time the Secretary prescribes,
submits a final program of projects prepared under subsection (c)
of this section and a certification for that fiscal year that the
recipient (including a person receiving amounts from a chief
executive officer of a State under this section)--
(A) has or will have the legal, financial, and technical
capacity to carry out the program;
(B) has or will have satisfactory continuing control over
the use of equipment and facilities;
(C) will maintain equipment and facilities;
(D) will ensure that elderly and handicapped individuals,
or an individual presenting a medicare card issued to that
individual under title II or XVIII of the Social Security Act
(42 U.S.C. 401 et seq., 1395 et seq.), will be charged during
non-peak hours for transportation using or involving a facility
or equipment of a project financed under this chapter not more
than 50 percent of the peak hour fare;
(E) in carrying out a procurement under this section--
(i) will use competitive procurement (as defined or
approved by the Secretary);
(ii) will not use a procurement that uses exclusionary
or discriminatory specifications; and
(iii) will comply with applicable Buy-American laws in
carrying out a procurement;
(F) has complied with subsection (c) of this section;
(G) has available and will provide the required amounts as
provided by subsection (e) of this section;
(H) will comply with sections 5301(a) and (d), 5303-5306,
and 5310(a)-(d) of this title;
(I) has a locally developed process to solicit and consider
public comment before raising a fare or carrying out a major
reduction of transportation; and
(J)(i) will expend for each fiscal year for mass
transportation security projects, including increased lighting
in or adjacent to a mass transportation system (including bus
stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system,
providing an emergency telephone line to contact law
enforcement or security personnel in an area in or adjacent to
that system, and any other project intended to increase the
security and safety of an existing or planned mass
transportation system, at least one percent of the amount the
recipient receives for each fiscal year under section 5336 of
this title; or
(ii) has decided that the expenditure for security projects
is not necessary; and
(2) the Secretary accepts the certification.
(e) Government's Share of Costs.--A grant of the Government for a
capital project (including associated capital maintenance items) under
this section is for 80 percent of the net project cost of the project.
A recipient may provide additional local matching amounts. A grant for
operating expenses may not be more than 50 percent of the net project
cost of the project. The remainder of the net project cost shall be
provided in cash from sources other than amounts of the Government or
revenues from providing mass transportation (excluding revenues derived
from the sale of advertising and concessions that are more than the
amount of those revenues in the fiscal year that ended September 30,
1985). Transit system amounts that make up the remainder shall be from
an undistributed cash surplus, a replacement or depreciation cash fund
or reserve, or new capital.
(f) Statewide Operating Assistance.--(1) A State authority that is
a designated recipient and providing mass transportation in at least 2
urbanized areas may apply for operating assistance in an amount not
more than the amount for all urbanized areas in which it provides
transportation.
(2) When approving an application under paragraph (1) of this
subsection, the Secretary may not reduce the amount of operating
assistance approved for another State or a local transportation
authority within the affected urbanized areas.
(g) Undertaking Projects in Advance.--(1) When a recipient
obligates all amounts apportioned to it under section 5336 of this
title and then carries out a part of a project described in this
section (except a project for operating expenses) without amounts of
the Government and according to all applicable procedures and
requirements (except to the extent the procedures and requirements
limit a State to carrying out a project with amounts of the Government
previously apportioned to it), the Secretary may pay to the recipient
the Government's share of the cost of carrying out that part when
additional amounts are apportioned to the recipient under section 5336
if--
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part, the Secretary approves the
plans and specifications for the part in the same way as for other
projects under this section.
(2) The Secretary may approve an application under paragraph (1) of
this subsection only if an authorization for this section is in effect
for the fiscal year to which the application applies. The Secretary may
not approve an application if the payment will be more than--
(A) the recipient's expected apportionment under section 5336
of this title if the total amount authorized to be appropriated for
the fiscal year to carry out this section is appropriated; less
(B) the maximum amount of the apportionment that may be made
available for projects for operating expenses under this section.
(3) The cost of carrying out that part of a project includes the
amount of interest earned and payable on bonds issued by the recipient
to the extent proceeds of the bonds are expended in carrying out the
part. However, the amount of interest allowed under this paragraph may
not be more than the amount by which the estimated cost of carrying out
the part (if it would be carried out at the time the part is converted
to a regularly financed project) exceeds the actual cost (except
interest) of carrying out the part.
(4) The Secretary shall consider changes in capital project cost
indices when determining the estimated cost under paragraph (3) of this
subsection.
(h) Streamlined Administrative Procedures.--The Secretary shall
prescribe streamlined administrative procedures for complying with the
certification requirement under subsection (d)(1)(B) and (C) of this
section for track and signal equipment used in existing operations.
(i) Reviews, Audits, and Evaluations.--(1)(A) At least annually,
the Secretary shall carry out, or require a recipient to have carried
out independently, reviews and audits the Secretary considers
appropriate to establish whether the recipient has carried out--
(i) the activities proposed under subsection (d) of this
section in a timely and effective way and can continue to do so;
and
(ii) those activities and its certifications and has used
amounts of the Government in the way required by law.
(B) An audit of the use of amounts of the Government shall comply
with the auditing procedures of the Comptroller General.
(2) At least once every 3 years, the Secretary shall review and
evaluate completely the performance of a recipient in carrying out the
recipient's program, specifically referring to compliance with
statutory and administrative requirements and the extent to which
actual program activities are consistent with the activities proposed
under subsection (d) of this section and the planning process required
under sections 5303-5306 of this title.
(3) The Secretary may take appropriate action consistent with a
review, audit, and evaluation under this subsection, including making
an appropriate adjustment in the amount of a grant or withdrawing the
grant.
(j) Reports.--A recipient (including a person receiving amounts
from a chief executive officer of a State under this section) shall
submit annually to the Secretary a report on the revenues the recipient
derives from the sale of advertising and concessions.
(k) Submission of Certifications.--A certification under subsection
(d) of this section and any additional certification required by law to
be submitted to the Secretary may be consolidated into a single
document to be submitted annually as part of the grant application
under this section. The Secretary shall publish annually a list of all
certifications required under this chapter with the publication
required under section 5336(e)(2) of this title.
(l) Procurement System Approval.--A recipient may request the
Secretary to approve its procurement system. The Secretary shall
approve the system for use for procurements financed under section 5336
of this title if, after consulting with the Administrator for Federal
Procurement Policy, the Secretary decides the system provides for
competitive procurement. Approval of a system under this subsection
does not relieve a recipient of the duty to certify under subsection
(d)(1)(E) of this section.
(m) Operating Ferries Outside Urbanized Areas.--A vessel used in
ferryboat operations financed under section 5336 of this title that is
part of a State-operated ferry system may be operated occasionally
outside the urbanized area in which service is provided to accommodate
periodic maintenance if existing ferry service is not reduced
significantly by operating outside the area.
(n) Relationship to Other Laws.--(1) Section 1001 of title 18
applies to a certificate or submission under this section. The
Secretary may end a grant under this section and seek reimbursement,
directly or by offsetting amounts available under section 5336 of this
title, when a false or fraudulent statement or related act within the
meaning of section 1001 is made in connection with a certification or
submission.
(2) Sections 5302, 5318, 5323(a)(1), (d), and (f), 5332, and 5333
of this title apply to this section and to a grant made under this
section. Except as provided in this section, no other provision of this
chapter applies to this section or to a grant made under this section.

010605f449a8981e55ab46be38a2ed5f24982b98d12e703cab21cfe0c0570cfd

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

65a7406966ea38b4acb1b7a39899c971a5b360d83f983ec9b4bcd8b41adce6d4

053195a8d68fc6087616aa7811300d540f49cbb20a9048203a5dc5251cbad504

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

17de6ef40f15f2bfe9b0d06e1b03998c60725733ac37bcb95123d2ef30168620

(a) Definition.--In this section, ``recipient'' includes a State
authority, a local governmental authority, a nonprofit organization,
and an operator of mass transportation service.
(b) General Authority.--(1) The Secretary of Transportation may
make grants for transportation projects that are included in a State
program of mass transportation service projects (including service
agreements with private providers of mass transportation service) for
areas other than urbanized areas. The program shall be submitted
annually to the Secretary. The Secretary may approve the program only
if the Secretary finds that the program provides a fair distribution of
amounts in the State, including Indian reservations, and the maximum
feasible coordination of mass transportation service assisted under
this section with transportation service assisted by other United
States Government sources.
(2) The Secretary of Transportation shall carry out a rural
transportation assistance program in nonurbanized areas. In carrying
out this paragraph, the Secretary may make grants and contracts for
transportation research, technical assistance, training, and related
support services in nonurbanized areas.
(c) Apportioning Amounts.--The Secretary of Transportation shall
apportion amounts made available under section 5338(a) of this title so
that the chief executive officer of each State receives an amount equal
to the total amount apportioned multiplied by a ratio equal to the
population of areas other than urbanized areas in a State divided by
the population of all areas other than urbanized areas in the United
States, as shown by the most recent of the following: the latest
Government census, the population estimate the Secretary of Commerce
prepares after the 4th year after the date the latest census is
published, or the population estimate the Secretary of Commerce
prepares after the 8th year after the date the latest census is
published. The amount may be obligated by the chief executive officer
for 2 years after the fiscal year in which the amount is apportioned.
An amount that is not obligated at the end of that period shall be
reapportioned among the States for the next fiscal year.
(d) Use for Local Transportation Service.--A State may use an
amount apportioned under this section for a project included in a
program under subsection (b) of this section and eligible for
assistance under this chapter if the project will provide local
transportation service, as defined by the Secretary of Transportation,
in an area other than an urbanized area.
(e) Use for Administration and Technical Assistance.--(1) The
Secretary of Transportation may allow a State to use not more than 15
percent of the amount apportioned under this section to administer this
section and provide technical assistance to a recipient, including
project planning, program and management development, coordination of
mass transportation programs, and research the State considers
appropriate to promote effective delivery of mass transportation to an
area other than an urbanized area.
(2) Except as provided in this section, a State carrying out a
program of operating assistance under this section may not limit the
level or extent of use of the Government grant for the payment of
operating expenses.
(f) Intercity Bus Transportation.--(1) A State shall expend at
least 10 percent of the amount made available in the fiscal year ending
September 30, 1993, and 15 percent of the amount made available in each
fiscal year after September 30, 1993, to carry out a program to develop
and support intercity bus transportation. Eligible activities under the
program include--
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus shelters;
(C) joint-use stops and depots;
(D) operating grants through purchase-of-service agreements,
user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small mass
transportation operations and intercity bus carriers.
(2) A State does not have to comply with paragraph (1) of this
subsection in a fiscal year in which the chief executive officer of the
State certifies to the Secretary of Transportation that the intercity
bus service needs of the State are being met adequately.
(g) Government's Share of Costs.--(1) In this subsection, ``amounts
of the Government or revenues'' do not include amounts received under a
service agreement with a State or local social service agency or a
private social service organization.
(2) A grant of the Government for a capital project under this
section may not be more than 80 percent of the net cost of the project,
as determined by the Secretary of Transportation. A grant to pay a
subsidy for operating expenses may not be more than 50 percent of the
net cost of the operating expense project. At least 50 percent of the
remainder shall be provided in cash from sources other than amounts of
the Government or revenues from providing mass transportation. Transit
system amounts that make up the remainder shall be from an
undistributed cash surplus, a replacement or depreciation cash fund or
reserve, or new capital.
(h) Amounts for Operating Assistance.--An amount made available
under this section may be used for operating assistance.
(i) Transfer of Facilities and Equipment.--With the consent of the
recipient currently having a facility or equipment acquired with
assistance under this section, a State may transfer the facility or
equipment to any recipient eligible to receive assistance under this
chapter if the facility or equipment will continue to be used as
required under this section.
(j) Relationship to Other Laws.--(1) Sections 5323(a)(1)(D) and
5333(b) of this title apply to this section but the Secretary of Labor
may waive the application of section 5333(b).
(2) This subsection does not affect or discharge a responsibility
of the Secretary of Transportation under a law of the United States.

2accc32dba04c3d8a8918ea12380fdfdd05aed5aa2cebb8b1f40c57611fc6acb

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

551cbbbe4cea00f76d921aa976551da0c877b6ee900cc5f898ad25f0180818ac

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

12a783499aefc720ca5909ffd51c9856d841151b98b5539c676eeedaa4b6b10f

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

8182dbf841262e60bc11ec918f8735b3a89951e22d1b3c895303b5e1ce1519cd

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

76bb65fd7c357a5d0b6c47e23724df854d6462b0088b3d024ddcdd4e3c1fe911

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

98cc6cc597a52d6b9c276ab03c21d3106dc1438a3901280e07d3da90cb7a0a6f

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

b3a95b82ad36fd210973c01ea6f430be56843212e845ef425c0d9634093383f9

(a) Establishment.--The Secretary of Transportation shall establish
one facility for testing a new bus model for maintainability,
reliability, safety, performance (including braking performance),
structural integrity, fuel economy, emissions, and noise. The facility
shall be established by renovating a facility built with assistance of
the United States Government to train rail personnel.
(b) Operation and Maintenance.--The Secretary shall make a contract
with a qualified person to operate and maintain the facility. The
contract may provide for the testing of rail cars and other vehicles at
the facility.
(c) Fees.--The person operating and maintaining the facility shall
establish and collect fees for the testing of vehicles at the facility.
The Secretary must approve the fees.
(d) Availability of Amounts To Pay for Testing.--The Secretary
shall make a contract with the operator of the facility under which the
Secretary shall pay 80 percent of the cost of testing a vehicle at the
facility from amounts available under section 5338(j)(5) of this title.
The entity having the vehicle tested shall pay 20 percent of the cost.
(e) Revolving Loan Fund.--The Secretary has a bus testing revolving
loan fund consisting of amounts authorized for the fund under section
317(b)(5) of the Surface Transportation and Relocation Assistance Act
of 1987. The Secretary shall make available as repayable advances from
the fund to the person operating and maintaining the facility amounts
to operate and maintain theP facility.

6db32b7e92b305c0b6d203b9621c40321c3f5240d5e729bcbe3dae202fcf36f6

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

067599bad4fc32e1e56eb95e996dd20890a760334c24a4e87667ca58f4628002

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

6564586d4a3d0ed9d9ff7ea58ef3ef92c7a8b8df8bdef1cd372d0e88c83e2edf

The Secretary of Transportation may make capital grants from
amounts available under section 5338 of this title to mass
transportation systems for crime prevention and security. This chapter
does not prevent the financing of a project under this section when a
local governmental authority other than the grant applicant has law
enforcement responsibilities.

47a7bc5937b29bd0edebb941c63037bc0cab3d77e9c3288069b2516c2fecc32c

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

9b41ccc77935ceab063b7906acd9e9f0c67964db0639d7f5f953d46c0e9de189

(a) Interests in Property.--(1) Financial assistance provided under
this chapter to a State or a local governmental authority may be used
to acquire an interest in, or buy property of, a private mass
transportation company, for a capital project for property acquired
from a private mass transportation company after July 9, 1964, or to
operate mass transportation equipment or a mass transportation facility
in competition with, or in addition to, transportation service provided
by an existing mass transportation company, only if--
(A) the Secretary of Transportation finds the assistance is
essential to a program of projects required under sections 5303-
5306 of this title;
(B) the Secretary of Transportation finds that the program, to
the maximum extent feasible, provides for the participation of
private mass transportation companies;
(C) just compensation under State or local law will be paid to
the company for its franchise or property; and
(D) the Secretary of Labor certifies that the assistance
complies with section 5333(b) of this title.
(2) A governmental authority may not use financial assistance of
the United States Government to acquire land, equipment, or a facility
used in mass transportation from another governmental authority in the
same geographic area.
(b) Notice and Public Hearing.--(1) An application for a grant or
loan under this chapter (except section 5307) for a capital project
that will affect substantially a community, or the mass transportation
service of a community, must include a certificate of the applicant
that the applicant has--
(A) provided an adequate opportunity for a public hearing with
adequate prior notice;
(B) held that hearing unless no one with a significant
economic, social, or environmental interest requested one;
(C) considered the economic, social, and environmental effects
of the project; and
(D) found that the project is consistent with official plans
for developing the urban area.
(2) Notice of a hearing under this subsection shall include a
concise description of the proposed project and shall be published in a
newspaper of general circulation in the geographic area the project
will serve. If a hearing is held, a copy of the transcript of the
hearing shall be submitted with the application.
(c) Acquiring New Bus Models.--Amounts appropriated or made
available under this chapter (except section 5307) after September 30,
1989, may be obligated or expended to acquire a new bus model only if a
bus of the model has been tested at the facility established under
section 5318 of this title.
(d) Buying and Operating Buses.--(1) Financial assistance under
this chapter may be used to buy or operate a bus only if the applicant,
governmental authority, or publicly owned operator that receives the
assistance agrees that, except as provided in the agreement, the
governmental authority or an operator of mass transportation for the
governmental authority will not provide charter bus transportation
service outside the urban area in which it provides regularly scheduled
mass transportation service. An agreement shall provide for a fair
arrangement the Secretary of Transportation considers appropriate to
ensure that the assistance will not enable a governmental authority or
an operator for a governmental authority to foreclose a private
operator from providing intercity charter bus service if the private
operator can provide the service.
(2) On receiving a complaint about a violation of an agreement, the
Secretary of Transportation shall investigate and decide whether a
violation has occurred. If the Secretary decides that a violation has
occurred, the Secretary shall correct the violation under terms of the
agreement. In addition to a remedy specified in the agreement, the
Secretary may bar a recipient under this subsection or an operator from
receiving further assistance when the Secretary finds a continuing
pattern of violations of the agreement.
(e) Bus Passenger Seat Functional Specifications.--The initial
advertising by a State or local governmental authority for bids to
acquire buses using financial assistance under this chapter (except
section 5307) may include passenger seat functional specifications that
are at least equal to performance specifications the Secretary of
Transportation prescribes. The specifications shall be based on a
finding by the State or local governmental authority of local
requirements for safety, comfort, maintenance, and life cycle costs.
(f) Schoolbus Transportation.--(1) Financial assistance under this
chapter may be used for a capital project, or to operate mass
transportation equipment or a mass transportation facility, only if the
applicant agrees not to provide schoolbus transportation that
exclusively transports students and school personnel in competition
with a private schoolbus operator. This subsection does not apply--
(A) to an applicant that operates a school system in the area
to be served and a separate and exclusive schoolbus program for the
school system;
(B) unless a private schoolbus operator can provide adequate
transportation that complies with applicable safety standards at
reasonable rates; and
(C) to a State or local governmental authority if it or a
direct predecessor in interest from which it acquired the duty of
transporting school children and personnel, and facilities to
transport them, provided schoolbus transportation at any time after
November 25, 1973, but before November 26, 1974.
(2) An applicant violating an agreement under this subsection may
not receive other financial assistance under this chapter.
(g) Buying Buses Under Other Laws.--Subsections (d) and (f) of this
section apply to financial assistance to buy a bus under sections
103(e)(4) and 142(a) or (c) of title 23. However, subsection (f)(1)(C)
of this section applies to sections 103(e)(4) and 142(a) or (c) only if
schoolbus transportation was provided at any time after August 12,
1972, but before August 13, 1973.
(h) Grant and Loan Prohibitions.--A grant or loan may not be used
to--
(1) pay ordinary governmental or nonproject operating expenses;
or
(2) support a procurement that uses an exclusionary or
discriminatory specification.
(i) Government's Share of Costs for Certain Projects.--A Government
grant for a project to be assisted under this chapter that involves
acquiring vehicle-related equipment required by the Clean Air Act (42
U.S.C. 7401 et seq.) or the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) is for 90 percent of the net project cost of the
equipment that is attributable to complying with those Acts. The
Secretary of Transportation, through practicable administrative
procedures, may determine the costs attributable to that equipment.
(j) Buy American.--(1) The Secretary of Transportation may obligate
an amount that may be appropriated to carry out this chapter for a
project only if the steel, iron, and manufactured goods used in the
project are produced in the United States.
(2) The Secretary of Transportation may waive paragraph (1) of this
subsection if the Secretary finds that--
(A) applying paragraph (1) would be inconsistent with the
public interest;
(B) the steel, iron, and goods produced in the United States
are not produced in a sufficient and reasonably available amount or
are not of a satisfactory quality;
(C) when procuring rolling stock (including train control,
communication, and traction power equipment) under this chapter--
(i) the cost of components and subcomponents produced in
the United States is more than 60 percent of the cost of all
components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred in
the United States; or
(D) including domestic material will increase the cost of the
overall project by more than 25 percent.
(3) In this subsection, labor costs involved in final assembly are
not included in calculating the cost of components.
(4) The Secretary of Transportation may not make a waiver under
paragraph (2) of this subsection for goods produced in a foreign
country if the Secretary, in consultation with the United States Trade
Representative, decides that the government of that foreign country--
(A) has an agreement with the United States Government under
which the Secretary has waived the requirement of this subsection;
and
(B) has violated the agreement by discriminating against goods
to which this subsection applies that are produced in the United
States and to which the agreement applies.
(5) A person is ineligible under subpart 9.4 of chapter 1 of title
48, Code of Federal Regulations, to receive a contract or subcontract
made with amounts authorized under the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat.
1914) if a court or department, agency, or instrumentality of the
Government decides the person intentionally--
(A) affixed a ``Made in America'' label, or a label with an
inscription having the same meaning, to goods sold in or shipped to
the United States that are used in a project to which this
subsection applies but not produced in the United States; or
(B) represented that goods described in clause (A) of this
paragraph were produced in the United States.
(6) The Secretary of Transportation may not impose any limitation
on assistance provided under this chapter that restricts a State from
imposing more stringent requirements than this subsection on the use of
articles, materials, and supplies mined, produced, or manufactured in
foreign countries in projects carried out with that assistance or
restricts a recipient of that assistance from complying with those
State-imposed requirements.
(7) Not later than January 1, 1995, the Secretary of Transportation
shall submit to Congress a report on purchases from foreign entities
waived under paragraph (2) of this subsection in the fiscal years
ending September 30, 1992, and September 30, 1993. The report shall
indicate the dollar value of items for which waivers were granted.
(k) Application of Section 135 of Title 23.--The planning and
programming requirements of section 135 of title 23 apply to a grant
made under sections 5307-5311 of this title.

607b1779b7f8feeba8d1dd5aeb945921ca2d13faa3ef025e735a55ca949e38a6

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

3046ccc07cc6f1a3ec982ac9119b236b3c276c9f24db33279bded6c9db065d76

(a) Noncompetitive Bidding.--A capital project or improvement
contract for which a grant or loan is made under this chapter, if the
contract is not made through competitive bidding, shall provide that
records related to the contract shall be made available to the
Secretary of Transportation and the Comptroller General, or an officer
or employee of the Secretary or Comptroller General, when conducting an
audit and inspection.
(b) Acquiring Rolling Stock.--A recipient of financial assistance
of the United States Government under this chapter may make a contract
to expend that assistance to acquire rolling stock--
(1) based on--
(A) initial capital costs; or
(B) performance, standardization, life cycle costs, and
other factors; or
(2) with a party selected through a competitive procurement
process.
(c) Procuring Associated Capital Maintenance Items.--A recipient of
a grant under section 5307 of this title procuring an associated
capital maintenance item under section 5307(b) may make a contract
directly with the original manufacturer or supplier of the item to be
replaced, without receiving prior approval of the Secretary, if the
recipient first certifies in writing to the Secretary that--
(1) the manufacturer or supplier is the only source for the
item; and
(2) the price of the item is no more than the price similar
customers pay for the item.
(d) Management, Architectural, and Engineering Contracts.--A
contract for program management, construction management, a feasibility
study, and preliminary engineering, design, architectural, engineering,
surveying, mapping, or related services for a project for which a grant
or loan is made under this chapter shall be awarded in the same way as
a contract for architectural and engineering services is negotiated
under title IX of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 541 et seq.) or an equivalent qualifications-based
requirement of a State. This subsection does not apply to the extent a
State has adopted or adopts by law a formal procedure for procuring
those services.

65b51d4f805599b3ee9dece0ccd63eb70f791a9430dda061404c0cd0e5461d72

(a) Turnkey System Projects.--(1) In this subsection, ``turnkey
system project'' means a project under which a recipient makes a
contract with a seller, firm, or consortium of firms to construct a
mass transportation system that meets specific performance criteria and
that the seller operates for a period of time.
(2) To advance new technologies and lower the cost of a capital
project for a new mass transportation system, the Secretary of
Transportation shall allow solicitation for a turnkey system project to
be financed under this chapter to be awarded conditionally before
United States Government requirements have been met on the project if
the award is made without prejudice to carrying out those requirements.
Government financial assistance under this chapter may be made
available for the project after the recipient complies with Government
requirements.
(3) To develop regulations applying generally to turnkey system
projects, the Secretary may approve at least 2 projects for an initial
demonstration phase. The results of the demonstration projects (and
other projects using this procurement method on December 18, 1991)
shall be considered in developing guidelines to carry out this
subsection.
(b) Multiyear Rolling Stock.--(1) A recipient procuring rolling
stock with Government financial assistance under this chapter may make
a multiyear contract to buy the rolling stock and replacement parts
under which the recipient has an option to buy additional rolling stock
or replacement parts for not more than 5 years after the date of the
original contract.
(2) The Secretary shall allow at least 2 recipients to act on a
cooperative basis to procure rolling stock in compliance with this
subsection and other Government procurement requirements.
(c) Efficient Procurement.--A recipient may award a procurement
contract under this chapter to other than the lowest bidder when the
award furthers an objective consistent with the purposes of this
chapter, including improved long-term operating efficiency and lower
long-term costs. Not later than March 17, 1992, the Secretary shall--
(1) make appropriate changes in existing procedures to make the
policy stated in this subsection readily practicable for all mass
transportation authorities; and
(2) prescribe guidance that clarifies and carries out the
policy.

b53127597ce19b32e2751b0bfedca89b3edbcdae7a8d7fd5a7ded1a954ccb229

(a) Project Management Plan Requirements.--To receive United States
Government financial assistance for a major capital project under this
chapter or the National Capital Transportation Act of 1969 (Public Law
91-143, 83 Stat. 320), a recipient must prepare and carry out a project
management plan approved by the Secretary of Transportation. The plan
shall provide for--
(1) adequate recipient staff organization with well-defined
reporting relationships, statements of functional responsibilities,
job descriptions, and job qualifications;
(2) a budget covering the project management organization,
appropriate consultants, property acquisition, utility relocation,
systems demonstration staff, audits, and miscellaneous payments the
recipient may be prepared to justify;
(3) a construction schedule for the project;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure that includes a documented,
systematic approach to the handling of construction change orders;
(6) organizational structures, management skills, and staffing
levels required throughout the construction phase;
(7) quality control and quality assurance functions,
procedures, and responsibilities for construction, system
installation, and integration of system components;
(8) material testing policies and procedures;
(9) internal plan implementation and reporting requirements;
(10) criteria and procedures to be used for testing the
operational system or its major components;
(11) periodic updates of the plan, especially related to
project budget and project schedule, financing, ridership
estimates, and the status of local efforts to enhance ridership
where ridership estimates partly depend on the success of those
efforts; and
(12) the recipient's commitment to submit a project budget and
project schedule to the Secretary each month.
(b) Plan Approval.--(1) The Secretary shall approve a plan not
later than 60 days after it is submitted. If the approval cannot be
completed within 60 days, the Secretary shall notify the recipient,
explain the reasons for the delay, and estimate the additional time
that will be required.
(2) The Secretary shall inform the recipient of the reasons when a
plan is disapproved.
(c) Limitations on Use of Available Amounts.--(1) The Secretary may
use not more than .5 percent of amounts made available for a fiscal
year to carry out section 5307, 5309, or 5311 of this title, an
interstate transfer mass transportation project under section 103(e)(4)
of title 23 as in effect on September 30, 1991, or a project under the
National Capital Transportation Act of 1969 (Public Law 91-143, 83
Stat. 320) to make a contract to oversee the construction of a major
project under section 5307, 5309, 5311, or 103(e)(4) of that Act. The
Secretary may use when necessary not more than an additional .25
percent of amounts made available in a fiscal year to carry out a major
project under section 5307 to make a contract to oversee the
construction of the project.
(2) The Secretary may use amounts available under paragraph (1) of
this subsection to make contracts for safety, procurement, management,
and financial compliance reviews and audits of a recipient of amounts
under paragraph (1). Subsections (a), (b), and (e) of this section do
not apply to contracts under this paragraph.
(3) The Government shall pay the entire cost of carrying out a
contract under this subsection.
(d) Access to Sites and Records.--Each recipient of assistance
under this chapter or section 14(b) of the National Capital
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), as added
by section 2 of the National Capital Transportation Amendments of 1979
(Public Law 96-184, 93 Stat. 1320), shall provide the Secretary and a
contractor the Secretary chooses under subsection (c) of this section
with access to the construction sites and records of the recipient when
reasonably necessary.
(e) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section. The regulations shall include--
(1) a definition of ``major capital project'' for subsection
(c) of this section that excludes a project to acquire rolling
stock or to maintain or rehabilitate a vehicle; and
(2) a requirement that oversight begin during the preliminary
engineering stage of a project, unless the Secretary finds it more
appropriate to begin the oversight during another stage of the
project, to maximize the transportation benefits and cost savings
associated with project management oversight.

72c6c4e0c7c46a441a926f6717651425a45c2189d7b21688b6dab9c7e1d387d2

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

4db5e92b70542dce496d5d6057d35574eb27fbc105509c9aac65360efc333726

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

943e3a95f44fdd6a78791be9c03b830c1a7c098a15cf6c9ed760bc0752db952e

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

6246706ae89d89fb7a2e3e2d370dccd59f46464114ccd12e4330b2a342a18e62

(a) Definitions.--In this section--
(1) ``controlled substance'' means any substance under section
102 of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 802) whose use the Secretary of Transportation
decides has a risk to transportation safety.
(2) ``person'' includes any entity organized or existing under
the laws of the United States, a State, territory, or possession of
the United States, or a foreign country.
(3) ``mass transportation'' means any form of mass
transportation, except a form the Secretary decides is covered
adequately, for employee alcohol and controlled substances testing
purposes, under subchapter III of chapter 201 or section 31306 of
this title.
(b) Testing Program for Mass Transportation Employees.--(1)(A) In
the interest of mass transportation safety, the Secretary of
Transportation shall prescribe regulations not later than October 28,
1992, that establish a program requiring mass transportation operations
that receive financial assistance under section 5307, 5309, or 5311 of
this title or section 103(e)(4) of title 23 to conduct preemployment,
reasonable suspicion, random, and post-accident testing of mass
transportation employees responsible for safety-sensitive functions (as
decided by the Secretary) for the use of alcohol or a controlled
substance in violation of law or a United States Government regulation.
(B) When the Secretary of Transportation considers it appropriate
in the interest of safety, the Secretary may prescribe regulations for
conducting periodic recurring testing of mass transportation employees
responsible for safety-sensitive functions (as decided by the
Secretary) for the use of alcohol or a controlled substance in
violation of law or a Government regulation.
(2) In prescribing regulations under this subsection, the Secretary
of Transportation--
(A) shall require that post-accident testing of such a mass
transportation employee be conducted when loss of human life occurs
in an accident involving mass transportation; and
(B) may require that post-accident testing of such a mass
transportation employee be conducted when bodily injury or
significant property damage occurs in any other serious accident
involving mass transportation.
(c) Disqualifications for Use.--(1) When the Secretary of
Transportation considers it appropriate, the Secretary shall require
disqualification for an established period of time or dismissal of any
employee referred to in subsection (b)(1) of this section who is
found--
(A) to have used or been impaired by alcohol when on duty; or
(B) to have used a controlled substance, whether or not on
duty, except as allowed for medical purposes by law or regulation.
(2) This section does not supersede any penalty applicable to a
mass transportation employee under another law.
(d) Testing and Laboratory Requirements.--In carrying out
subsection (b) of this section, the Secretary of Transportation shall
develop requirements that shall--
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimens;
(2) for laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any
amendments to those guidelines, including mandatory guidelines
establishing--
(A) comprehensive standards for every aspect of laboratory
controlled substances testing and laboratory procedures to be
applied in carrying out this section, including standards
requiring the use of the best available technology to ensure
the complete reliability and accuracy of controlled substances
tests and strict procedures governing the chain of custody of
specimens collected for controlled substances testing;
(B) the minimum list of controlled substances for which
individuals may be tested; and
(C) appropriate standards and procedures for periodic
review of laboratories and criteria for certification and
revocation of certification of laboratories to perform
controlled substances testing in carrying out this section;
(3) require that a laboratory involved in controlled substances
testing under this section have the capability and facility, at the
laboratory, of performing screening and confirmation tests;
(4) provide that all tests indicating the use of alcohol or a
controlled substance in violation of law or a Government regulation
be confirmed by a scientifically recognized method of testing
capable of providing quantitative information about alcohol or a
controlled substance;
(5) provide that each specimen be subdivided, secured, and
labeled in the presence of the tested individual and that a part of
the specimen be retained in a secure manner to prevent the
possibility of tampering, so that if the individual's confirmation
test results are positive the individual has an opportunity to have
the retained part tested by a 2d confirmation test done
independently at another certified laboratory if the individual
requests the 2d confirmation test not later than 3 days after being
advised of the results of the first confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including urine
and blood, through the development of regulations that may be
necessary and in consultation with the Secretary of Health and
Human Services;
(7) provide for the confidentiality of test results and medical
information (except information about alcohol or a controlled
substance) of employees, except that this clause does not prevent
the use of test results for the orderly imposition of appropriate
sanctions under this section; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances.
(e) Rehabilitation.--The Secretary of Transportation shall
prescribe regulations establishing requirements for rehabilitation
programs that provide for the identification and opportunity for
treatment of any mass transportation employee referred to in subsection
(b)(1) of this section who is found to have used alcohol or a
controlled substance in violation of law or a Government regulation.
The Secretary shall decide on the circumstances under which employees
shall be required to participate in a program. This subsection does not
prevent a mass transportation operation from establishing a program
under this section in cooperation with another mass transportation
operation.
(f) Relationship to Other Laws, Regulations, Standards, and
Orders.--(1) A State or local government may not prescribe, issue, or
continue in effect a law, regulation, standard, or order that is
inconsistent with regulations prescribed under this section. However, a
regulation prescribed under this section does not preempt a State
criminal law that imposes sanctions for reckless conduct leading to
loss of life, injury, or damage to property.
(2) In prescribing regulations under this section, the Secretary of
Transportation--
(A) shall establish only requirements that are consistent with
international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign
countries.
(3) This section does not prevent the Secretary of Transportation
from continuing in effect, amending, or further supplementing a
regulation prescribed before October 28, 1991, governing the use of
alcohol or a controlled substance by mass transportation employees.
(g) Ineligibility for Assistance.--A person is not eligible for
financial assistance under section 5307, 5309, or 5311 of this title or
section 103(e)(4) of title 23 if the person is required, under
regulations the Secretary of Transportation prescribes under this
section, to establish a program of alcohol and controlled substances
testing and does not establish the program.

e68d0f37ce05c475d5756cb66f7ae0e584e3fe36a1d1eea2951bc6f2f5762fd8

(a) Definition.--In this section, ``person'' includes a
governmental authority, political subdivision, authority, legal
representative, trust, unincorporated organization, trustee, trustee in
bankruptcy, and receiver.
(b) Prohibitions.--A person may not be excluded from participating
in, denied a benefit of, or discriminated against under, a project,
program, or activity receiving financial assistance under this chapter
because of race, color, creed, national origin, sex, or age.
(c) Compliance.--(1) The Secretary of Transportation shall take
affirmative action to ensure compliance with subsection (b) of this
section.
(2) When the Secretary decides that a person receiving financial
assistance under this chapter is not complying with subsection (b) of
this section, a civil rights law of the United States, or a regulation
or order under that law, the Secretary shall notify the person of the
decision and require action be taken to ensure compliance with
subsection (b).
(d) Authority of Secretary for Noncompliance.--If a person does not
comply with subsection (b) of this section within a reasonable time
after receiving notice, the Secretary shall--
(1) direct that no further financial assistance of the United
States Government under this chapter be provided to the person;
(2) refer the matter to the Attorney General with a
recommendation that a civil action be brought;
(3) proceed under title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.); and
(4) take any other action provided by law.
(e) Civil Actions by Attorney General.--The Attorney General may
bring a civil action for appropriate relief when--
(1) a matter is referred to the Attorney General under
subsection (d)(2) of this section; or
(2) the Attorney General believes a person is engaged in a
pattern or practice in violation of this section.
(f) Application and Relationship to Other Laws.--This section
applies to an employment or business opportunity and is in addition to
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

e5fa3bdce4325d5cd3d8d8ef98c5ccf542d1bcb02fb8bd5fb1c24e72d7165f47

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

1b6686a4c518ac8869d45f0fafeb81efa106d95e66000c0ebb62695f22e1a61b

(a) General Authority.--In carrying out this chapter, the Secretary
of Transportation may--
(1) prescribe terms for a project under sections 5307 and 5309-
5311 of this title (except terms the Secretary of Labor prescribes
under section 5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to protect or
enforce a right conferred on the Secretary of Transportation by law
or agreement;
(4) buy property related to a loan under this chapter;
(5) agree to pay an annual amount in place of a State or local
tax on real property acquired or owned under this chapter;
(6) sell, exchange, or lease property, a security, or an
obligation;
(7) obtain loss insurance for property and assets the Secretary
of Transportation holds;
(8) consent to a modification in an agreement under this
chapter; and
(9) include in an agreement or instrument under this chapter a
covenant or term the Secretary of Transportation considers
necessary to carry out this chapter.
(b) Procedures for Prescribing Regulations.--(1) The Secretary of
Transportation shall prepare an agenda listing all areas in which the
Secretary intends to propose regulations governing activities under
this chapter within the following 12 months. The Secretary shall
publish the proposed agenda in the Federal Register as part of the
Secretary's semiannual regulatory agenda that lists regulatory
activities of the Federal Transit Administration. The Secretary shall
submit the agenda to the Committees on Public Works and Transportation
and Appropriations of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and Appropriations of the Senate
on the day the agenda is published.
(2) Except for emergency regulations, the Secretary of
Transportation shall give interested parties at least 60 days to
participate in a regulatory proceeding under this chapter by submitting
written information, views, or arguments, with or without an oral
presentation, except when the Secretary for good cause finds that
public notice and comment are unnecessary because of the routine nature
or insignificant impact of the regulation or that an emergency
regulation should be issued. The Secretary may extend the 60-day period
if the Secretary decides the period is insufficient to allow diligent
individuals to prepare comments or that other circumstances justify an
extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary of Transportation shall comply with this section
(except subsections (h) and (i)) and sections 5323(a)(2), (c) and (e),
5324(c), and 5325 of this title when proposing or carrying out a
regulation governing an activity under this chapter, except for a
routine matter or a matter with no significant impact.
(c) Budget Program and Set of Accounts.--The Secretary of
Transportation shall--
(1) submit each year a budget program as provided in section
9103 of title 31; and
(2) maintain a set of accounts the Comptroller General shall
audit under chapter 35 of title 31.
(d) Depository and Availability of Amounts.--The Secretary of
Transportation shall deposit amounts made available to the Secretary
under this chapter in a checking account in the Treasury. Receipts,
assets, and amounts obtained or held by the Secretary to carry out this
chapter are available for administrative expenses to carry out this
chapter.
(e) Binding Effect of Financial Transaction.--A financial
transaction of the Secretary of Transportation under this chapter and a
related voucher are binding on all officers and employees of the United
States Government.
(f) Dealing With Acquired Property.--Notwithstanding another law
related to the Government acquiring, using, or disposing of real
property, the Secretary of Transportation may deal with property
acquired under subsection (a)(3) or (4) of this section in any way.
However, this subsection does not--
(1) deprive a State or political subdivision of a State of
jurisdiction of the property; or
(2) impair the civil rights, under the laws of a State or
political subdivision of a State, of an inhabitant of the property.
(g) Transfer of Assets No Longer Needed.--(1) If a recipient of
assistance under this chapter decides an asset acquired under this
chapter at least in part with that assistance is no longer needed for
the purpose for which it was acquired, the Secretary of Transportation
may authorize the recipient to transfer the asset to a local
governmental authority to be used for a public purpose with no further
obligation to the Government. The Secretary may authorize a transfer
for a public purpose other than mass transportation only if the
Secretary decides--
(A) the asset will remain in public use for at least 5 years
after the date the asset is transferred;
(B) there is no purpose eligible for assistance under this
chapter for which the asset should be used;
(C) the overall benefit of allowing the transfer is greater
than the interest of the Government in liquidation and return of
the financial interest of the Government in the asset, after
considering fair market value and other factors; and
(D) through an appropriate screening or survey process, that
there is no interest in acquiring the asset for Government use if
the asset is a facility or land.
(2) A decision under paragraph (1) of this section must be in
writing and include the reason for the decision.
(3) This subsection is in addition to another law related to using
and disposing of a facility or equipment under an assistance agreement.
(h) Transfer of Amounts and Non-Government Share.--(1) Amounts made
available for a mass transportation project under title 23 shall be
transferred to and administered by the Secretary of Transportation
under this chapter. Amounts made available for a highway project under
this chapter shall be transferred to and administered by the Secretary
under title 23.
(2) The provisions of title 23 related to the non-Government share
apply to amounts under title 23 used for mass transportation projects.
The provisions of this chapter related to the non-Government share
apply to amounts under this chapter used for highway projects.
(i) Authority of Secretary of Housing and Urban Development.--The
Secretary of Housing and Urban Development shall--
(1) carry out section 5312(a) and (b)(1) of this title related
to--
(A) urban transportation systems and planned development of
urban areas; and
(B) the role of transportation planning in overall urban
planning; and
(2) advise and assist the Secretary of Transportation in making
findings under section 5323(a)(1)(A) of this title.
(j) Relationship to Other Laws.--(1) Section 9107(a) of title 31
applies to the Secretary of Transportation under this chapter.
(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a
contract for more than $1,000 for services or supplies related to
property acquired under this chapter.

4485c9275ae899868b7ce57ce7049540524e55b6a031583cc3ac3de208ecf00e

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

1b47cb21c9381b1df71c4123155faf15a8673cda324449b41f05418cac9ead47

(a) Based on Urbanized Area Population.--Of the amount made
available or appropriated under section 5338(f) of this title--
(1) 9.32 percent shall be apportioned each fiscal year only in
urbanized areas with a population of less than 200,000 so that each
of those areas is entitled to receive an amount equal to--
(A) 50 percent of the total amount apportioned multiplied
by a ratio equal to the population of the area divided by the
total population of all urbanized areas with populations of
less than 200,000 as shown in the latest United States
Government census; and
(B) 50 percent of the total amount apportioned multiplied
by a ratio for the area based on population weighted by a
factor, established by the Secretary of Transportation, of the
number of inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal year only in
urbanized areas with populations of at least 200,000 as provided in
subsections (b) and (c) of this section.
(b) Based on Fixed Guideway Revenue Vehicle-Miles, Route-Miles, and
Passenger-Miles.--(1) In this subsection, ``fixed guideway revenue
vehicle-miles'' and ``fixed guideway route-miles'' include ferry boat
operations directly or under contract by the designated recipient.
(2) Of the amount apportioned under subsection (a)(2) of this
section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area with a
population of at least 200,000 is entitled to receive an amount
equal to--
(i) 60 percent of the 95.61 percent apportioned under this
subparagraph multiplied by a ratio equal to the number of fixed
guideway revenue vehicle-miles attributable to the area, as
established by the Secretary of Transportation, divided by the
total number of all fixed guideway revenue vehicle-miles
attributable to all areas; and
(ii) 40 percent of the 95.61 percent apportioned under this
subparagraph multiplied by a ratio equal to the number of fixed
guideway route-miles attributable to the area, established by
the Secretary, divided by the total number of all fixed
guideway route-miles attributable to all areas.
(B) 4.39 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area with a
population of at least 200,000 is entitled to receive an amount
equal to--
(i) the number of fixed guideway vehicle passenger-miles
traveled multiplied by the number of fixed guideway vehicle
passenger-miles traveled for each dollar of operating cost in
an area; divided by
(ii) the total number of fixed guideway vehicle passenger-
miles traveled multiplied by the total number of fixed guideway
vehicle passenger-miles traveled for each dollar of operating
cost in all areas.
(C) An urbanized area with a population of at least 750,000 in
which commuter rail transportation is provided shall receive at
least .75 percent of the total amount apportioned under this
subsection.
(D) Under subparagraph (A) of this paragraph, fixed guideway
revenue vehicle- or route-miles, and passengers served on those
miles, in an urbanized area with a population of less than 200,000,
where the miles and passengers served otherwise would be
attributable to an urbanized area with a population of at least
1,000,000 in an adjacent State, are attributable to the
governmental authority in the State in which the urbanized area
with a population of less than 200,000 is located. The authority is
deemed an urbanized area with a population of at least 200,000 if
the authority makes a contract for the service.
(E) A recipient's apportionment under subparagraph (A)(i) of
this paragraph may not be reduced if the recipient, after
satisfying the Secretary of Transportation that energy or operating
efficiencies would be achieved, reduces revenue vehicle-miles but
provides the same frequency of revenue service to the same number
of riders.
(c) Based on Bus Revenue Vehicle-Miles and Passenger-Miles.--Of the
amount apportioned under subsection (a)(2) of this section, 66.71
percent shall be apportioned as follows:
(1) 90.8 percent of the total amount apportioned under this
subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized area
with a population of at least 1,000,000 is entitled to receive
an amount equal to--
(i) 50 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus revenue vehicle-miles operated in or directly serving
the urbanized area divided by the total bus revenue
vehicle-miles attributable to all areas;
(ii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of
all areas, as shown by the latest Government census; and
(iii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio for the area based
on population weighted by a factor, established by the
Secretary of Transportation, of the number of inhabitants
in each square mile.
(B) 26.61 percent of the 90.8 percent apportioned under
this paragraph shall be apportioned so that each urbanized area
with a population of at least 200,000 but not more than 999,999
is entitled to receive an amount equal to--
(i) 50 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the total
bus revenue vehicle-miles operated in or directly serving
the urbanized area divided by the total bus revenue
vehicle-miles attributable to all areas;
(ii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio equal to the
population of the area divided by the total population of
all areas, as shown by the latest Government census; and
(iii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio for the area based
on population weighted by a factor, established by the
Secretary of Transportation, of the number of inhabitants
in each square mile.
(2) 9.2 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area with a
population of at least 200,000 is entitled to receive an amount
equal to--
(A) the number of bus passenger-miles traveled multiplied
by the number of bus passenger-miles traveled for each dollar
of operating cost in an area; divided by
(B) the total number of bus passenger-miles traveled
multiplied by the total number of bus passenger-miles traveled
for each dollar of operating cost in all areas.
(d) Operating Assistance.--(1) The total amount apportioned under
this section that may be used for operating assistance may not be more
than--
(A) 80 percent of the total amount apportioned in the fiscal
year ending September 30, 1982, under section 5(a)(1)(A), (2)(A),
and (3)(A) of the Urban Mass Transportation Act of 1964 to
urbanized areas with populations of at least 1,000,000;
(B) 90 percent of the total amount apportioned in that year
under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas
with populations of at least 200,000 but not more than 999,999;
(C) 95 percent of the total amount apportioned in that year
under section 5(a)(1)(A), (2)(A), and (3)(A) to urbanized areas
with populations of less than 200,000; or
(D) two-thirds of the total amount apportioned under this
section during the first complete year an urbanized area received
amounts under this section if the area first became an urbanized
area under the 1980 Government census or later.
(2) Amounts apportioned under paragraph (1) of this subsection
shall be increased on October 1 of each year by an amount equal to the
amount applicable to each urbanized area under paragraph (1) (except
increases under this paragraph), multiplied by the percentage increase
in the Consumer Price Index for all-urban consumers published by the
Secretary of Labor during the most recent calendar year. However, the
increase may not be more than the percentage increase of amounts made
available under section 5338(f) of this title in the current fiscal
year and amounts made available under section 5338(f) in the prior
fiscal year.
(e) Date of Apportionment.--The Secretary of Transportation shall--
(1) apportion amounts appropriated under section 5338(f) of
this title to carry out section 5307 of this title not later than
the 10th day after the date the amounts are appropriated or October
1 of the fiscal year for which the amounts are appropriated,
whichever is later; and
(2) publish apportionments of the amounts, including amounts
attributable to each urbanized area with a population of more than
50,000 and amounts attributable to each State of a multistate
urbanized area, on the apportionment date.
(f) Amounts Not Apportioned to Designated Recipients.--The chief
executive officer of a State may expend in an urbanized area with a
population of less than 200,000 an amount apportioned under this
section that is not apportioned to a designated recipient as defined in
section 5307(a) of this title.
(g) Transfers of Apportionments.--(1) The chief executive officer
of a State may transfer any part of the State's apportionment under
subsection (a)(1) of this section to supplement amounts apportioned to
the State under section 5311(c) of this title or amounts apportioned to
urbanized areas under this subsection. The chief executive officer may
make a transfer only after consulting with responsible local officials
and publicly owned operators of mass transportation in each area for
which the amount originally was apportioned under this section.
(2) The chief executive officer of a State may transfer any part of
the State's apportionment under section 5311(c) of this title to
supplement amounts apportioned to the State under subsection (a)(1) of
this section.
(3) The chief executive officer of a State may use throughout the
State amounts of a State's apportionment remaining available for
obligation at the beginning of the 90-day period before the period of
the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a population
of at least 200,000 may transfer a part of its apportionment under this
section to the chief executive officer of a State. The chief executive
officer shall distribute the transferred amounts to urbanized areas
under this section.
(5) Capital and operating assistance limitations applicable to the
original apportionment apply to amounts transferred under this
subsection.
(h) Changes of Apportionments.--If sufficient amounts are
available, the Secretary of Transportation shall change apportionments
under this section between the Mass Transit Account of the Highway
Trust Fund and the general fund to ensure that each recipient receives
from the general fund at least as much operating assistance made
available each fiscal year under this section as the recipient is
eligible to receive.
(i) Period of Availability to Recipients.--An amount apportioned
under this section may be obligated by the recipient for 3 years after
the fiscal year in which the amount is apportioned. Not later than 30
days after the end of the 3-year period, an amount that is not
obligated at the end of that period shall be added to the amount that
may be apportioned under this section in the next fiscal year.
(j) Application of Other Sections.--Sections 5302, 5318,
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this
section and to a grant made under this section. Except as provided in
this section, no other provision of this chapter applies to this
section or to a grant made under this section.
(k) Certain Urbanized Areas Grandfathered.--An area designated an
urbanized area under the 1980 census and not designated an urbanized
area under the 1990 census for the fiscal year ending September 30,
1993, is eligible to receive--
(1) 50 percent of the amount the area would have received if
the area had been an urbanized area as defined by section
5302(a)(13) of this title; and
(2) an amount equal to 50 percent of the amount that the State
in which the area is located would have received if the area had
been an area other than an urbanized area.

dda2d6488480bd844a1ee66777cf1ba8f615861d1990075f0fdf2f57fd6bbd85

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

4d7577c3f552be26d3373b7b4c7aa8efd7e97ab67a1151de048c42e69963ac72

(a) For Sections 5303-5306, 5308, 5310, 5311, 5313, 5314, 5317,
5320, 5327, and 5334(a) and (c) and Section 103(e)(4) of Title 23.--(1)
Not more than the following amounts are available from the Mass Transit
Account of the Highway Trust Fund for the Secretary of Transportation
to carry out sections 5303-5306, 5308, 5310, 5311, 5313, 5314, 5317,
5320, 5327, and 5334(a) and (c) of this title:
(A) $1,150,000,000 for the fiscal year ending September 30,
1993.
(B) $1,190,000,000 for the fiscal year ending September 30,
1994.
(C) $1,150,000,000 for the fiscal year ending September 30,
1995.
(D) $1,110,000,000 for the fiscal year ending September 30,
1996.
(E) $1,920,000,000 for the fiscal year ending September 30,
1997.
(2) In addition to amounts made available under paragraph (1) of
this subsection, not more than the following amounts may be
appropriated to the Secretary to carry out sections 5303-5306, 5308,
5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c) of this
title and substitute transit projects under section 103(e)(4) of title
23:
(A) $2,055,000,000 for the fiscal year ending September 30,
1993.
(B) $1,885,000,000 for the fiscal year ending September 30,
1994.
(C) $1,925,000,000 for the fiscal year ending September 30,
1995.
(D) $1,965,000,000 for the fiscal year ending September 30,
1996.
(E) $2,430,000,000 for the fiscal year ending September 30,
1997.
(b) Section 5309.--(1) Not more than the following amounts are
available from the Account for the Secretary to carry out section 5309
of this title:
(A) $1,725,000,000 for the fiscal year ending September 30,
1993.
(B) $1,785,000,000 for the fiscal year ending September 30,
1994.
(C) $1,725,000,000 for the fiscal year ending September 30,
1995.
(D) $1,665,000,000 for the fiscal year ending September 30,
1996.
(E) $2,880,000,000 for the fiscal year ending September 30,
1997.
(2) In addition to amounts made available under paragraph (1) of
this subsection, not more than the following amounts may be
appropriated to the Secretary to carry out section 5309 of this title:
(A) $305,000,000 for the fiscal year ending September 30, 1993.
(B) $265,000,000 for the fiscal year ending September 30, 1994.
(C) $325,000,000 for the fiscal year ending September 30, 1995.
(D) $385,000,000 for the fiscal year ending September 30, 1996.
(E) $20,000,000 for the fiscal year ending September 30, 1997.
(c) Section 5315.--The Secretary shall make available in equal
amounts from amounts provided under subsections (f) and (g) of this
section not more than $3,000,000 for each of the fiscal years ending
September 30, 1993-1997, to carry out section 5315 of this title.
(d) Section 5316.--Not more than the following amounts may be
appropriated to the Secretary from the Fund (except the Account) for
each of the fiscal years ending September 30, 1993-1997:
(1) $250,000 to carry out section 5316(a) of this title.
(2) $3,000,000 to carry out section 5316(b) of this title.
(3) $1,000,000 to carry out section 5316(c) of this title.
(4) $1,000,000 to carry out section 5316(d) of this title.
(5) $1,000,000 to carry out section 5316(e) of this title.
(e) Section 5317.--(1) Not more than $6,000,000 is available from
the Fund (except the Account) for the Secretary for each of the fiscal
years ending September 30, 1993-1997, to carry out section 5317 of this
title.
(2) Not more than the following amounts may be appropriated to the
Secretary from the Fund (except the Account) for making grants under
section 5317(b)(5)(B) of this title:
(A) $3,000,000 for the fiscal year ending September 30, 1993.
(B) $2,500,000 for the fiscal year ending September 30, 1994.
(f) Section 5307.--Amounts remaining available each fiscal year
under subsection (a)(1) of this section, after allocation under
subsections (g)-(i) and (j)(4) of this section, are available under
section 5307 of this title.
(g) Planning, Programming, and Research.--Before apportioning in
each fiscal year amounts made available or appropriated under
subsection (a) of this section, an amount equal to 3 percent of amounts
made available or appropriated under subsections (a) and (b) of this
section is available as follows:
(1) 45 percent for metropolitan planning activities under
section 5303(g) of this title.
(2) 5 percent to carry out section 5308(b)(2) of this title.
(3) 20 percent to carry out State programs under section 5313
of this title.
(4) 30 percent to carry out the national program under section
5314 of this title.
(h) Other Set-Asides.--Before apportioning in each fiscal year
amounts made available or appropriated under subsection (a) of this
section, of amounts made available or appropriated under subsections
(a) and (b) of this section--
(1) not more than .96 percent is available for administrative
expenses to carry out section 5334(a) and (c)-(f) of this title;
(2) not more than 1.34 percent is available for transportation
services to elderly individuals and individuals with disabilities
under the formula under section 5310(a) of this title; and
(3) $7,000,000 is available for section 5317 for each of the
fiscal years ending September 30, 1993-1997.
(i) Completing Interstate Transfer Transit Projects.--Of the
amounts remaining available each year under subsections (a) and (b) of
this section, after allocation under subsections (g) and (h) of this
section, not more than $164,843,000 for the fiscal year ending
September 30, 1993, is available for substitute transit projects under
section 103(e)(4) of title 23.
(j) Limitations.--Of the amounts available--
(1) under subsection (a)(2) of this section, 3.5 percent is
available to finance programs and activities, including
administrative costs, under section 5310 of this title;
(2) 1.5 percent of the amounts available to finance research,
development, and demonstration projects under section 5312(a) of
this title is available to increase the information and technology
available to provide improved mass transportation service and
facilities planned and designed to meet the special needs of
elderly individuals and individuals with disabilities;
(3) not more than 12.5 percent is available for grants to any
one State under section 5312(c)(2) of this title;
(4) 5.5 percent of the amount remaining available each year
under subsection (a)(1) of this section, after allocation under
subsections (g)-(i) of this section, is available under the formula
under section 5311 of this title; and
(5) under section 5309(m)(1)(C) of this title--
(A) $2,000,000 is available for the fiscal year ending
September 30, 1993;
(B) the lesser of $2,000,000 or an amount the Secretary
determines is necessary for each fiscal year is available for
each of the fiscal years ending September 30, 1994-1996; and
(C) the lesser of $3,000,000 or an amount the Secretary
determines is necessary is available for the fiscal year ending
September 30, 1997.
(k) Grants as Contractual Obligations.--(1) A grant or contract
approved by the Secretary, that is financed with amounts made available
under subsection (a)(1), (b)(1), (c), or (e) of this section, is a
contractual obligation of the United States Government to pay the
Government's share of the cost of the project.
(2) A grant or contract, approved by the Secretary, that is
financed with amounts made available under subsection (a)(2) or (b)(2)
of this section, is a contractual obligation of the Government to pay
the Government's share of the cost of the project only to the extent
amounts are provided in advance in an appropriations law.
(l) Early Appropriations and Availability of Amounts.--(1) Amounts
appropriated under subsection (a)(2) of this section to carry out
section 5311 of this title may be appropriated in the fiscal year
before the fiscal year in which the appropriation is available for
obligation.
(2) Amounts made available or appropriated under subsections (a),
(b), (g), (h)(1) and (2), and (j)(4) of this section remain available
until expended.
(3) An amount apportioned under section 5308 of this title--
(A) remains available for 3 years after the fiscal year in
which the amount is apportioned; and
(B) that is unobligated at the end of the 3-year period shall
be added to the amount available for apportionment for the next
fiscal year not later than 30 days after the end of the 3-year
period.
CHAPTER 55--INTERMODAL TRANSPORTATION
SUBCHAPTER I--GENERAL
Sec.
5501.  National Intermodal Transportation System policy.
5502.  Intermodal Transportation Advisory Board.
5503.  Office of Intermodalism.
5504.  Model intermodal transportation plans.
SUBCHAPTER II--TERMINALS
5561.  Definition.
5562.  Assistance projects.
5563.  Conversion of certain rail passenger terminals.
5564.  Interim preservation of certain rail passenger terminals.
5565.  Encouraging the development of plans for converting certain rail
passenger terminals.
5566.  Records and audits.
5567.  Preference for preserving buildings of historic or architectural
significance.
5568.  Authorization of appropriations.
SUBCHAPTER I--GENERAL

dff2ce629e5ed82208bf7410085725b0c6bd40bbad3bc2b5273c47c5046b5728

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

caae0937aeecd9ec1216d5fdd3c8da2cf4d57ad96e1ea276c7374658c1ef9905

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

77557170e4c5943d144841bbffc2a86118b5efc5b953691db4cae3c8599b2280

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

dcd818764f79723c017fde02ae47ad5fba836673910ecba63d70af238b47bfb5

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

6e328aecaa912579f4051b820f12b4478cad13872d0f9cfa03fa18e22bea3e6b

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.

3ae77b391490fa2c8764967c367ec7593c7bdf2ab6ec323042525fa61373a234

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

60f171f13e9fe764333d9203496a18e0e0f86a484994e49de9eb6405f2d55337

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

e656c325b649ddc65e53066344c7bbd08331b7d33d7c73f1b790d691d8eb4c79

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

a6265a9aa40a2729a13977d0ad0f151716be630333d6f47191c45e98fe57b6be

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

b3897002f8170ea84d046be521fa6c4dd61cc2f1db910836e9c22d1df1da798d

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

a029db02104aa123d50fb715c9cabe7af182c14c470501c45eaed0468a574bd6

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

5f0cf08628ef841e30cf97a5182c5ab97cefd3f0fb4e45e454532ee90739ab9f

(a) General.--The following amounts may be appropriated to the
Secretary of Transportation:
(1) not more than $15,000,000 to carry out section 5562(a)(1)
and (3) of this title.
(2) not more than $2,500,000 to carry out section 5562(a)(2) of
this title.
(3) not more than $2,500,000 to carry out section 5562(a)(4) of
this title.
(b) Availability of Amounts.--Amounts appropriated to carry out
this chapter remain available until expended.
CHAPTER 57--SANITARY FOOD TRANSPORTATION
Sec.
5701.  Findings.
5702.  Definitions.
5703.  General regulation.
5704.  Tank trucks, rail tank cars, and cargo tanks.
5705.  Motor and rail transportation of nonfood products.
5706.  Dedicated vehicles.
5707.  Waiver authority.
5708.  Food transportation inspections.
5709.  Consultation.
5710.  Administrative.
5711.  Enforcement and penalties.
5712.  Relationship to other laws.
5713.  Application of sections 5711 and 5712.
5714.  Coordination procedures.

a6d9e305a2da1a6d4333b89ff916049891070e962a48f78d9b93af3c7e7f7057

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

f86604a0e5bfe5131ae8770e5d540d97b8845505463e05fffb6b7ec656f18af0

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

0b3ad01d9c25457081f2bfa0d0d89054f3caaff9866b49f0399c02efb17d9cd8

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

To revise, codify, and enact without substantive change certain general and permanent laws, related to transportation, as subtitles II, III, and V-X of title 49, United States Code, "Transportation", and to make other technical improvements in the Code. — HR. 1758

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