49 USC 1552. Employee protection program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
(1) The Secretary of Labor shall, subject to such amounts as are
provided in appropriation Acts, make monthly assistance payments, or
reimbursement payments, in amounts computed according to the provisions
of this section, to each individual who the Secretary finds, upon
application, to be an eligible protected employee. An eligible
protected employee shall be a protected employee who on account of a
qualifying dislocation (A) has been deprived of employment, or (B) has
been adversely affected with respect to his compensation.
(2) No employee who is terminated for cause shall receive any
assistance under this section.
(b) Monthly assistance computation
(1) An eligible protected employee shall, subject to such amounts as
are provided in appropriation Acts, receive a monthly assistance
payment, for each month in which he is an eligible protected employee,
in an amount computed by the Secretary. The Secretary, after
consultation with the Secretary of Transportation, shall, by rule,
promulgate guidelines to be used by him in determining the amount of
each monthly assistance payment to be made to a member of each craft and
class of protected employees, and what percentage of salary such payment
shall constitute for each applicable class or craft of employees. In
computing such amounts for any individual protected employee, the
Secretary shall deduct from such amounts the full amount of any
unemployment compensation received by the protected employee.
(2) If an eligible protected employee is offered reasonably
comparable employment and such employee does not accept such employment,
then such employee's monthly assistance payment under this section shall
be reduced to an amount which such employee would have beeen /1/
entitled to receive if such employee had accepted such employment. If
the acceptance of such comparable employment would require relocation,
such employee may elect not to relocate and, in lieu of all other
benefits provided herein, to receive the monthly assistance payments to
which he would be entitled if this paragraph were not in effect, except
that the total number of such payments shall be the lesser of three or
the number remaining pursuant to the maximum provided in subsection (e)
of this section.
(c) Assistance for relocation
If an eligible protected employee relocates in order to obtain other
employment, such employee shall, subject to such amounts as are provided
in appropriation Acts, receive reasonable moving expenses (as determined
by the Secretary) for himself and his immediate family. In addition,
such employee shall, subject to such amounts as are provided in
appropriation Acts, receive reimbursement payments for any loss
resulting from selling his principal place of residence at a price below
its fair market value (as determined by the Secretary) or any loss
incurred in cancelling such employee's lease agreement or contract of
purchase relating to his principal place of residence.
(d) Duty to hire protected employees
(1) Each person who is a protected employee of an air carrier which
is subject to regulation by the Civil Aeronautics Board who is
furloughed or otherwise terminated by such an air carrier (other than
for cause) prior to the last day of the 10-year period beginning on
October 24, 1978, shall have first right of hire, regardless of age, in
his occupational specialty, by any other air carrier hiring additional
employees which held a certificate issued under section 1371 of this
Appendix prior to October 24, 1978. Each such air carrier hiring
additional employees shall have a duty to hire such a person before they
hire any other person, except that such air carrier may recall any of
its own furloughed employees before hiring such a person. Any employee
who is furloughed or otherwise terminated (other than for cause), and
who is hired by another air carrier under the provisions of this
subsection, shall retain his rights of seniority and right of recall
with the air carrier that furloughed or terminated him.
(2) The Secretary shall establish, maintain, and periodically publish
a comprehensive list of jobs available with air carriers certificated
under section 1371 of this Appendix. Such list shall include that
information and detail, such as job descriptions and required skills,
the Secretary deems relevant and necessary. In addition to publishing
the list, the Secretary shall make every effort to assist an eligible
protected employee in finding other employment. Any individual
receiving monthly assistance payments, moving expenses, or reimbursement
payments under this section shall, as a condition to receiving such
expenses or payments, cooperate fully with the Secretary in seeking
other employment. In order to carry out his responsibilities under this
subsection, the Secretary may require each such air carrier to file with
the Secretary the reports, data, and other information necessary to
fulfill his duties under this subsection.
(3) In addition to making monthly assistance or reimbursement
payments under this section, the Secretary shall encourage negotiations
between air carriers and representatives of eligible protected employees
with respect to rehiring practices and seniority.
(e) Period of monthly assistance payments
(1) Monthly assistance payments computed under subsection (b) of this
section for a protected employee who has been deprived of employment
shall be made each month until the recipient obtains other employment,
or until the end of the 72 months occurring immediately after the month
such payments were first made to such recipient, whichever first occurs.
(2) Monthly assistance payments computed under subsection (b) of this
section for a protected employee who has been adversely affected
relating to his compensation shall be paid for no longer than 72 months,
so long as the total number of monthly assistance payments made under
this section for any reason do not exceed 72.
(f) Rules and regulations
(1) The Secretary may issue, amend, and repeal such rules and
regulations as may be necessary for the administration of this section.
(2) The rule containing the guidelines which is required to be
promulgated pursuant to subsection (b) of this section and any other
rules or regulations which the Secretary deems necessary to carry out
this section shall be promulgated within six months after October 24,
1978.
(3) The Secretary shall not issue any rule or regulation as a final
rule or regulation under this section until 30 legislative days after it
has been submitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives. Any rule or regulation
issued by the Secretary under this section as a final rule or regulation
shall be submitted to the Congress and shall become effective 60
legislative days after the date of such submission, unless during that
60-day period either House adopts a resolution stating that that House
disapproves such rules or regulations, except that such rules or
regulations may become effective on the date, during such 60-day period,
that a resolution has been adopted by both Houses stating that the
Congress approves of them.
(4) For purposes of this subsection, the term ''legislative day''
means a calendar day on which both Houses of Congress are in session.
(g) Airline employees protective account
All payments under this section shall be made by the Secretary from a
separate account maintained in the Treasury of the United States to be
known as the Airline Employees Protective Account. There are authorized
to be appropriated to such account annually, beginning with the fiscal
year ending September 30, 1979, such sums as are necessary to carry out
the purposes of this section, including amounts necessary for the
administrative expenses of the Secretary related to carrying out the
provisions of this section.
(h) Definitions
For the purposes of this section --
(1) The term ''protected employee'' means a person who, on October
24, 1978, has been employed for at least 4 years by an air carrier
holding a certificate issued under section 1371 of this Appendix. Such
term shall not include any members of the board of directors or officers
of a corporation.
(2) The term ''qualifying dislocation'' means a bankruptcy or major
contraction of an air carrier holding a certificate under section 1371
of this Appendix, occurring during the first 10 complete calendar years
occurring after October 24, 1978, the major cause of which is the change
in regulatory structure provided by the Airline Deregulation Act of
1978, as determined by the Civil Aeronautics Board.
(3) The term ''Secretary'' means the Secretary of Labor.
(4) The term ''major contraction'' means a reduction by at least 7
1/2 percent of the total number of full-time employees of an air carrier
within a 12-month period. Any particular reduction of less than 7 1/2
percent may be found by the Board to be part of a major contraction of
an air carrier if the Board determines that other reductions are likely
to occur such that within a 12-month period in which such particular
reduction occurs the total reduction will exceed 7 1/2 percent. In
computing a 7 1/2-percent reduction under this paragraph, the Board
shall not include employees who are deprived of employment because of a
strike or who are terminated for cause.
(i) Transfer of authority of Board
The authority of the Board under this section is transferred to the
Department of Transportation on January 1, 1985.
(j) Termination
The provisions of this section shall terminate on the last day the
Secretary is required to make a payment under this section.
(Pub. L. 95-504, 43, Oct. 24, 1978, 92 Stat. 1750.)
The Airline Deregulation Act of 1978, referred to in subsec. (h)(2),
is Pub. L. 95-504, Oct. 24, 1978, 92 Stat. 1705, as amended. For
complete classification of this Act to the Code, see Short Title of 1978
Amendment note set out under section 1301 of this Appendix and Tables.
Section was enacted as part of the Airline Deregulation Act of 1978,
and not as part of the Federal Aviation Act of 1958 which comprises this
chapter.
Functions; Termination of Authority
Civil Aeronautics Board terminated on Jan. 1, 1985, and functions,
powers, and duties of Board terminated or transferred by section 1551 of
this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
For transfer of certain enforcement functions of Secretary or other
official of Department of Transportation relating to compliance with
this chapter and authorizations and regulations issued thereunder to
Federal Inspector, Office of Federal Inspector of Alaska Natural Gas
Transportation System, see note set out under section 1301 of this
Appendix.
/1/ So in original. Probably should be ''been''.
49 USC 1553. Transfer of functions under other laws
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Transfer of functions, powers, and duties of Board to Secretary
of Transportation
There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers, and duties of the Civil
Aeronautics Board under the following provisions of law:
(1) The International Air Transportation Fair Competitive Practices
Act of 1974 (49 U.S.C. /1/ 1159b).
(2) The International Aviation Facilities Act (49 U.S.C. /1/
1151-1160).
(3) The Animal Welfare Act (7 U.S.C. 2131 et seq.).
(4) Section 11 of the Clayton Act (15 U.S.C. 21).
(5) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the
Consumer Credit Protection Act (15 U.S.C. 1607(a)(4), 1681s(b)(5),
1691c(a)(5), and 1692l(b)(5)).
(6) Section 382 of the Energy Policy and Conservation Act (89 Stat.
939, 42 U.S.C. 6362).
(7) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.
C. 451).
(8) Section 5402 of title 39 (to the extent such section relates to
foreign air transportation and to air transportation between any two
points both of which are within the State of Alaska).
(9) Sections 4746 and 9746 of title 10.
(10) Section 3 of the Act entitled ''An Act to encourage travel in
the United States, and for other purposes'' (16 U.S.C. 18b).
(b) Effective date of transfer
The transfer of any authority under subsection (a) of this section
shall take effect on January 1, 1985.
(c) Authority of Secretary of Transportation respecting air
transportation wholly within State of Alaska
The authority of the Secretary of Transportation under section 5402
of title 39 with respect to air transportation between any two points
both of which are within the State of Alaska shall cease to be in effect
on January 1, 1999.
(Pub. L. 98-443, 4, Oct. 4, 1984, 98 Stat. 1704; Pub. L. 100-457,
title III, 346, Sept. 30, 1988, 102 Stat. 2155.)
The International Aviation Facilities Act, referred to in subsec.
(a)(2), is act June 16, 1948, ch. 473, 62 Stat. 450, as amended, which
is classified generally to chapter 15 ( 1151 et seq.) of this Appendix.
For complete classification of this Act to the Code, see Short Title
note set out under section 1151 of this Appendix and Tables.
The Animal Welfare Act, referred to in subsec. (a)(3), is Pub. L.
89-544, Aug. 24, 1966, 80 Stat. 350, as amended, which is classified
generally to chapter 54 ( 2131 et seq.) of Title 7, Agriculture. For
complete classification of this Act to the Code, see Short Title note
set out under section 2131 of Title 7 and Tables.
Section was enacted as part of the Civil Aeronautics Board Sunset Act
of 1984, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
1988 -- Subsec. (c). Pub. L. 100-457 substituted ''January 1, 1999''
for ''January 1, 1989''.
/1/ See 49 App. U.S.C.
49 USC 1554. Transfers and allocations of appropriations and personnel
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Transfer of personnel, assets, liabilities, contracts, etc.;
allocation; use of funds
The personnel (including members of the Senior Executive Service)
employed in connection with, and the assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, available to or to be made available in connection with,
any function transferred by section 1601(b) of the Federal Aviation Act
of 1958 (49 App. U.S.C. 1551(b)) or section 1553 of this Appendix,
subject to section 1531 of title 31, shall be transferred to the head of
the agency to which such function is transferred for appropriate
allocation. Personnel employed in connection with functions so
transferred, or transferred in accordance with any other lawful
authority, shall be transferred in accordance with any applicable laws
and regulations relating to transfer of functions. Unexpended funds
transferred pursuant to this subsection shall only be used for the
purpose for which the funds were originally authorized and appropriated.
(b) Authority of Director of Office of Management and Budget;
determinations; incidental disposition of personnel, assets, etc.;
resolution of disputes between Board and transferee agencies
In order to facilitate the transfers made by section 1601(b) of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) and section 1553
of this Appendix, the Director of the Office of Management and Budget is
authorized and directed, in consultation with the Civil Aeronautics
Board and the heads of the agencies to which functions are so
transferred, to make such determinations as may be necessary with regard
to the functions so transferred, and to make such additional incidental
dispositions of personnel, assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from, available to, or
to be made available in connection with, such functions, as may be
necessary to resolve disputes between the Civil Aeronautics Board and
the agencies to which functions are transferred by section 1601(b) of
the Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) and section
1553 of this Appendix.
(c) Joint planning between Chairman of Civil Aeronautics Board and
Secretary of Transportation
The Chairman of the Civil Aeronautics Board and the Secretary of
Transportation shall, beginning as soon as practicable after October 4,
1984, jointly plan for the orderly transfer of functions and personnel
pursuant to section 1601(b) of the Federal Aviation Act of 1958 (49 App.
U.S.C. 1551(b)) and section 1553 of this Appendix.
(Pub. L. 98-443, 10, Oct. 4, 1984, 98 Stat. 1709.)
Section was enacted as part of the Civil Aeronautics Board Sunset Act
of 1984, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
49 USC 1555. Effect on personnel
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Employees covered by the merit pay system under chapter 54 of
title 5 who are transferred under section 1554 of this Appendix to
another agency shall have their rate of basic pay adjusted in accordance
with section 5402 of title 5. With respect to the evaluation period
during which such an employee is transferred, merit pay determinations
for that employee shall be based on the factors in section 5402(b)(2) of
title 5 as appraised in performance appraisals administered by the Civil
Aeronautics Board in accordance with chapter 43 of title 5, in addition
to those administered by the agency to which the employee is
transferred.
(b) With the consent of the Civil Aeronautics Board, the head of each
agency to which functions are transferred by section 1601(b) of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) or section 1553 of
this Appendix is authorized to use the services of such officers,
employees, and other personnel of the Board for such period of time as
may reasonably be needed to facilitate the orderly transfer of such
functions.
(Pub. L. 98-443, 11, Oct. 4, 1984, 98 Stat. 1709.)
Section was enacted as part of the Civil Aeronautics Board Sunset Act
of 1984, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
49 USC 1556. Savings provisions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Continued force and effect of prior orders, determinations,
rules, regulations, permits, etc.
All orders, determinations, rules, regulations, permits, contracts,
certificates, licenses, and privileges --
(1) which have been issued, made, granted, or allowed to become
effective by the President, any agency or official thereof, or by a
court of competent jurisdiction, in the performance of any function
which is transferred by section 1601(b) of the Federal Aviation Act of
1958 (49 App. U.S.C. 1551(b)) or section 1553 of this Appendix from the
Civil Aeronautics Board to another agency, and
(2) which are in effect on December 31, 1984,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the head of the agency to which such function is transferred, or other
authorized officials, a court of competent jurisdiction, or by operation
of law.
(b) Effect of transfers of function on pending administrative
proceedings; discontinuance or modification
The transfers of functions made by section 1601(b) of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1551(b)) and section 1553 of this
Appendix shall not affect any proceedings or any application for any
license, permit, certificate, or financial assistance pending at the
time such transfers take effect before the Civil Aeronautics Board; but
such proceedings and applications, to the extent that they relate to
functions so transferred, shall be continued. Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments shall
be made pursuant to such orders, as if such sections 1601(b) (49 App.
U.S.C. 1551(b)) and 1553 of this Appendix had not been enacted; and
orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if such sections 1601(b) (49 App. U.
S.C. 1551(b)) and 1553 of this Appendix had not been enacted.
(c) Effect of transfers of function on prior judicial proceedings
Except as provided in subsection (e) of this section --
(1) the transfer of any function under section 1601(b) of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1551(b)) or section 1553 of this
Appendix shall not affect any suit relating to such function which is
commenced prior to the date the transfer takes effect, and
(2) in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and effect as if section 1601(b)
of the Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) and section
1553 of this Appendix had not been enacted.
(d) Abatement of actions and proceedings by or against Civil
Aeronautics Board or officer thereof
No suit, action, or other proceeding commenced by or against any
officer in his official capacity as an officer of the Civil Aeronautics
Board shall abate by reason of the transfer of any function under
section 1601(b) of the Federal Aviation Act of 1958 (49 App. U.S.C.
1551(b)) or section 1553 of this Appendix. No cause of action by or
against the Civil Aeronautics Board, or by or against any officer
thereof in his official capacity shall abate by reason of the transfer
of any function under section 1601(b) of the Federal Aviation Act of
1958 (49 App. U.S.C. 1551(b)) or section 1553 of this Appendix.
(e) Continuation of action by or against transferee agency
If, before January 1, 1985, the Civil Aeronautics Board, or officer
thereof in his official capacity, is a party to a suit relating to a
function transferred by section 1601(b) of the Federal Aviation Act of
1958 (49 App. U.S.C. 1551(b)) or section 1553 of this Appendix, then
such suit shall be continued with the head of the Federal agency to
which the function is transferred.
(f) References to Civil Aeronautics Board to be deemed references to
transferee agency
With respect to any function transferred to another agency by section
1601(b) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) or
by section 1553 of this Appendix and exercised after the effective date
of such transfer, reference in any Federal law (other than title XVI of
the Federal Aviation Act of 1958 (49 App. U.S.C. 1551)) to the Civil
Aeronautics Board or the Board (insofar as such term refers to the Civil
Aeronautics Board), or to any officer or office of the Civil Aeronautics
Board, shall be deemed to refer to that agency, or other official or
component of the agency, in which such function vests.
(g) Head of transferee agency; authority; force and effect of
administrative action
In the exercise of any function transferred under section 1601(b) of
the Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) or section
1553 of this Appendix, the head of the agency to which such function is
transferred shall have the same authority as that vested in the Civil
Aeronautics Board with respect to such function, immediately preceding
its transfer, and actions of the head of such agency in exercising such
function shall have the same force and effect as when exercised by the
Civil Aeronautics Board.
(h) Operational continuity of transferred functions
In exercising any function transferred by section 1601(b) of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1551(b)) or section 1553 of
this Appendix, the head of the agency to which such function is
transferred shall give full consideration to the need for operational
continuity of the function transferred.
(Pub. L. 98-443, 12, Oct. 4, 1984, 98 Stat. 1710.)
The Federal Aviation Act of 1958, referred to in subsec. (f), is
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended. Title XVI
of that Act is classified generally to this subchapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 1301 of this Appendix and Tables.
Section was enacted as part of the Civil Aeronautics Board Sunset Act
of 1984, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
49 USC 1557. ''Agency'' and ''function'' defined
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this Act --
(1) the term ''agency'' has the same meaning such term has in section
551(1) of title 5; and
(2) the term ''function'' means a function, power, or duty.
(Pub. L. 98-443, 13, Oct. 4, 1984, 98 Stat. 1711.)
This Act, referred to in text, is the Civil Aeronautics Board Sunset
Act of 1984, Pub. L. 98-443, Oct. 4, 1984, 98 Stat. 1703. For
complete classification of this Act to the Code, see Short Title of 1984
Amendments note set out under section 1301 of this Appendix and Tables.
Section was enacted as part of the Civil Aeronautics Board Sunset Act
of 1984, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
49 USC CHAPTER 21 -- URBAN MASS TRANSPORTATION
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
1601. Declaration of findings and purposes.
1601a. Additional Congressional findings.
1601b. Additional Congressional findings.
1601c. Repealed.
1602. Federal financial assistance.
(a) Grants or loans to States and local public agencies; uses of
funds; eligibility of applicant; real property acquisition;
prohibition on uses of grant or loan funds; intention to obligate by
letter of intent to applicant; considerations related to acquisition of
rail lines and related facilities; emphasis on labor intensive
projects.
(b) Acquisition of real property; uses; provisions of loan
agreement; repayment and forgiveness of loans; submission of
applications to Secretary and comprehensive planning agency of community
affected and consideration of comments of such agency by Secretary.
(c) Loan restrictions and limitations; interest.
(d) Notice and public hearings.
(e) Private transit operators.
(f) Purchase or operation of buses.
(g) Schoolbus operations.
(h) Fixed guideway modernization apportionments.
(i) New start criteria.
(j) Report on funding levels and allocations of funds.
(k) Allocations.
(l) Advance construction.
(m) Bus testing.
1602-1. Conversion of equipment and facilities loans to grants for
public transportation projects.
1602a. Federal financial assistance agreements.
(a) Assistance for bus purchases subject to agreement against charter
bus operations outside of regularly scheduled mass transportation
service area; exceptions.
(b) Assistance for bus purchases subject to agreement against
competitive school bus operations with private school bus operators;
nonapplication of restriction under certain circumstances.
1603. Long-range program.
(a) ''Net project costs'' defined; Federal grant for two-thirds and
non-Federal funds for one-third of net project cost; refunds.
(b) Quarterly reports.
(c) Grants to States and local agencies for deployment of innovative
techniques and methods in management and operation of public
transportation services.
(d) Fiscal capacity considerations.
1604. Urban mass transit grant program.
(a) Grants for construction or operating assistance; apportionment
of funds; authorization of appropriations.
(b) Designation of recipients to receive and dispense funds; annual
report to Secretary.
(c) Grants, contracts, etc., obligations for financing grants;
maximum amount; authorization of appropriations for liquidation of
obligations; additional appropriations available for apportionment;
availability of apportioned sums for obligation; lapse of
apportionments.
(d) Approval of projects for acquisition, construction, and
improvement of facilities and equipment, and payment of operating
expenses; terms and conditions; regulations.
(e) Limitation on amount of grants for construction and operating
expense projects; source of remainder of funds for projects.
(f) Federal funds available for expenditure for mass transportation
projects supplementary to average amount of State and local government
funds, etc., expended for operations; reduction of State and local
government funds.
(g) Project as part of approved program of projects prior to
approval; eligibility of recipient.
(h) Submission by Governor or designated recipient and approval by
Secretary of surveys, plans, etc., of proposed projects; grant or
contract agreement as contractual obligation of Federal Government;
criteria for approval of projects.
(i) Certification by Governor or designated recipient to Secretary of
compliance with procedures for determination of environmental, etc.,
impact of proposed projects; report.
(j) Acceptance of certification as discharge of Secretary's
responsibilities; final inspection or review and report of projects;
guidelines and regulations; rescission of acceptance of certification;
Secretary's responsibilities under other Federal laws not affected.
(k) Formal project agreements between Secretary and Governor or
designated recipient; arrangements for local funding or cooperation in
construction of project; advance grant or contract payments.
(l) Criteria for approval and undertaking of projects.
(m) Maximum amount of fares for elderly and handicapped persons
utilizing project facilities and equipment receiving assistance.
(n) Applicability of other provisions.
(o) Availability of sums apportioned before October 1, 1982.
1604a. Repealed.
1604b. Fares for elderly and handicapped persons.
1605. Research, development, and demonstration projects.
(a) Phases of urban mass transportation; acquisition of data.
(b) Omitted.
(c) Availability and limitation of funds.
(d) Authority of Secretary.
1606. Relocation program.
1607. Metropolitan planning.
(a) General requirements.
(b) Designation of metropolitan planning organizations.
(c) Metropolitan area boundaries.
(d) Coordination in multi-State areas.
(e) Coordination of MPO's.
(f) Factors to be considered.
(g) Development of long range plan.
(h) Transportation improvement program.
(i) Transportation management areas.
(j) Abbreviated plans and programs for certain areas.
(k) Transfer of funds.
(l) Additional requirements for certain nonattainment areas.
(m) Limitation on statutory construction.
(n) Grants.
(o) Private enterprise.
(p) Use for comprehensive planning.
1607a. Block grants.
(a) Amounts appropriated from general fund of Treasury for urbanized
areas.
(b) Apportionment according to fixed guideway revenue vehicle or
route miles.
(c) Apportionment according to formulas based on bus revenue vehicle
miles, bus passenger miles, and population.
(d) Formula for apportionment among urban areas of less than 200,000
population.
(e) Applicability of provisions of this chapter; submission by
recipient of final program of projects; submission of annual
certification and report on revenues; certification as prerequisite to
grant.
(f) Responsibilities of recipients relating to preparation of program
of projects; availability to public.
(g) Reviews and audits; review and evaluation of recipient by
Secretary; adjustments in amount of annual grants.
(h) Applicability of fraud and false statement provisions;
termination and reimbursement of grants.
(i) Approval of procurement system.
(j) Availability of grants to finance mass transportation;
regulations limiting certain grants; associated capital maintenance
items defined.
(k) Limitations on grants for construction projects and projects for
operating expenses; increase in operating expenses for small urbanized
areas; limitation on amount of funds apportioned.
(l) Repealed.
(m) Designation of recipients; sums not made available for
expenditure by designated recipients.
(n) Transfer of apportionment by Governor; transfer of apportionment
by designated recipient to Governor.
(o) Availability of apportionment for obligation of recipient.
(p) Advance construction.
(q) Date of apportionment.
(r) Ferry services.
(s) Grandfather of certain urbanized areas.
(t) Adjustments of apportionments.
1607a-1. Repealed.
1607a-2. Mass transit account block grants.
(a) Apportionment and administration.
(b) Availability for construction projects.
(c) Use of unobligated amounts.
1607b. Grants for managerial, technical and professional training
programs; basis of selection for fellowships; amount of fellowship.
1607c. Grants for research and training in urban transportation
problems; grants for establishment and operation of transportation
centers at nonprofit institutions of higher learning.
(a) Grant program.
(b) University transportation centers.
(c) University research institutes.
1608. General provisions.
(a) Functions, powers, and duties of Secretary.
(b) Contract requirements.
(c) Definitions.
(d) Regulation of operation of system, rates, rentals, or other
charges; compliance with undertakings.
(e) Prohibition on use of Federal financial assistance for transfer
of land, etc., between public bodies in geographical proximity.
(f) Petition for exemption from interstate commerce provisions;
procedure.
(g) Bids for passenger seats functional specifications.
(h) Bus testing.
(i) Rulemaking procedures.
(j) Preaward and postdelivery audit of bus purchases.
(k) Transfer of capital assets.
(l) Special procurement initiatives.
(m) Federal share for certain projects.
1609. Labor standards.
(a) Action of Secretary.
(b) Authority of Secretary of Labor.
(c) Interests of employees; protective arrangements; terms and
conditions.
1610. Environmental protection.
(a) National policy; cooperation with other Federal departments and
agencies.
(b) Review of hearing transcripts.
(c) Findings; inadequate record; notice and hearing.
1611. Reporting system and uniform system of accounts; development,
testing, etc.; purposes; implementation; coverage as precondition for
future award of grants; report to Congress.
1612. Planning and design of mass transportation facilities to meet
special needs of elderly persons and persons with disabilities.
(a) Congressional declaration of policy.
(b) Grants and loans for special projects to meet needs of elderly
persons and persons with disabilities.
(c) Apportionment and use of funds.
(d) Financing of research, development, and demonstration projects.
(e) Publication of proposed regulations; promulgation of final
regulations; notice and opportunity for comment.
(f) Meal delivery service to homebound persons.
1613. Emergency financial assistance.
(a) Purposes of reimbursement.
(b) Nonapplicability.
(c) Terms and conditions; exceptions; waivers.
(d) Federal share of costs of rail passenger service; duration.
(e) Applicability of other statutory provisions.
(f) Funding authority; authorization of appropriations for
liquidation of obligations funding assistance programs.
1614. Formula grant program for areas other than urbanized areas.
(a) Apportionment of appropriated sums.
(b) Use of funds for transportation projects included in a State
program of projects for public transportation services; approval of
program.
(c) Availability of sums apportioned for obligation by States.
(d) Use of funds for administration and technical assistance.
(e) Federal share of construction projects.
(f) Terms and conditions of grants; application of other laws.
(g) Transfer of facilities and equipment.
(h) Rural transit assistance program.
(i) Intercity bus transportation.
1615. Nondiscrimination.
1616. Human resources programs in public transportation activities.
1617. Authorizations.
(a) Formula grant programs.
(b) Section 1602 discretionary and formula grants.
(c) Set-aside for planning, programming, and research.
(d) Other set-asides.
(e) Completion of interstate transfer transit projects.
(f) Set-aside for rural transportation.
(g) Section 1607a funding.
1618. Safety authority.
(a) In general.
(b) Report.
1618a. Testing to enhance mass transportation safety.
(a) Definitions.
(b) Testing of employees.
(c) Rehabilitation program.
(d) Procedures for testing.
(e) Construction with State and local laws.
(f) Disqualification or dismissal.
(g) Ineligibility for Federal assistance for failure to establish
program.
1619. Project management oversight.
(a) Authority to use funds.
(b) Federal share.
(c) Access to sites and records.
(d) Requirement for plan.
(e) Contents of plan.
(f) Regulations.
(g) Approval.
(h) Safety, financial, and procurement compliance reviews.
1620. Crime prevention and security.
1621. Bicycle facilities.
(a) Eligibility.
(b) Federal share.
1622. Planning and research program.
(a) State program.
(b) National program.
(c) Suspended light rail system technology pilot project.
1623. Needs survey and transferability study.
(a) Needs survey.
(b) Transferability study.
1624. State responsibility for fixed guideway system safety.
(a) Withholding of funds for noncompliance.
(b) State requirements.
(c) Period of availability; effect of compliance and noncompliance.
(d) Limitation on applicability.
(e) Regulations.
1625. National transit institute.
(a) Establishment.
(b) Funding.
(c) Provision of training.
(d) Funding.
142, 303; title 40 section 819; title 42 section
7506.
49 USC 1601. Declaration of findings and purposes
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Congress finds --
(1) that the predominant part of the Nation's population is located
in its rapidly expanding metropolitan and other urban areas, which
generally cross the boundary lines of local jurisdictions and often
extend into two or more States;
(2) that the welfare and vitality of urban areas, the satisfactory
movement of people and goods within such areas, and the effectiveness of
housing, urban renewal, highway, and other federally aided programs are
being jeopardized by the deterioration or inadequate provision of urban
transportation facilities and services, the intensification of traffic
congestion, and the lack of coordinated transportation and other
development planning on a comprehensive and continuing basis;
(3) that Federal financial assistance for the development of
efficient and coordinated mass transportation systems is essential to
the solution of these urban problems; and
(4) that significant transit improvements are necessary to achieve
national goals for improved air quality, energy conservation,
international competitiveness, and mobility for elderly persons, persons
with disabilities, and economically disadvantaged persons in urban and
rural areas of the country.
(b) The purposes of this chapter are --
(1) to assist in the development of improved mass transportation
facilities, equipment, techniques, and methods, with the cooperation of
mass transportation companies both public and private;
(2) to encourage the planning and establishment of areawide urban
mass transportation systems needed for economical and desirable urban
development, with the cooperation of mass transportation companies both
public and private;
(3) to provide assistance to State and local governments and their
instrumentalities in financing such systems, to be operated by public or
private mass transportation companies as determined by local needs; and
(4) to provide financial assistance to State and local governments
and their instrumentalities to help implement national goals relating to
mobility for elderly persons, persons with disabilities, and
economically disadvantaged persons.
(Pub. L. 88-365, 2, July 9, 1964, 78 Stat. 302; Pub. L. 102-240,
title III, 3005, Dec. 18, 1991, 105 Stat. 2088.)
1991 -- Subsec. (a)(4). Pub. L. 102-240, 3005(a), added par. (4).
Subsec. (b)(4). Pub. L. 102-240, 3005(b), added par. (4).
Section 3001 of title III of Pub. L. 102-240 provided that: ''This
title (enacting sections 1607 and 1622 to 1624 of this Appendix,
amending this section, sections 1601, 1602, 1603, 1607a, 1608, 1612,
1614, 1617, 1618, and 1619 of this Appendix, and sections 5314 and 5316
of Title 5, Government Organization and Employees, repealing sections
1607 and 1607a-1 of this Appendix and section 107 of Title 49,
Transportation, enacting provisions set out as notes under sections
1601, 1602, and 1604 of this Appendix and section 107 of Title 49, and
amending provisions set out below) may be cited as the 'Federal Transit
Act Amendments of 1991'.''
Pub. L. 100-17, title III, 301, Apr. 2, 1987, 101 Stat. 223,
provided that: ''This title (enacting sections 1607a-2 and 1619 to 1621
of this Appendix, amending sections 1602, 1603, 1604, 1607, 1607a,
1607a-1, 1607c, 1608, 1612 to 1614, and 1617 of this Appendix and
section 10922 of Title 49, Transportation, enacting provisions set out
as notes under section 10922 of Title 49, sections 1602 and 1608 of this
Appendix, and section 101 of Title 23, Highways, and amending provisions
set out as a note under section 101 of Title 23) may be cited as the
'Federal Mass Transportation Act of 1987'.''
Pub. L. 97-424, title III, 301, Jan. 6, 1983, 96 Stat. 2140,
provided that: ''This title (enacting sections 1601c, 1607a, 1607a-1,
1617, and 1618 of this Appendix, amending sections 1602, 1603, 1604,
1607c, 1608, 1611, 1612, and 1614 of this Appendix, repealing sections
1604a, 1617, and 1618 of this Appendix, and enacting a provision set out
as a note under section 1612 of this Appendix) may be cited as the
'Federal Public Transportation Act of 1982'.''
Pub. L. 95-599, title III, 301, Nov. 6, 1978, 92 Stat. 2735,
provided that: ''This title (enacting sections 1602-1, 1607, 1614,
1615, 1616, 1617, and 1618 of this Appendix, amending sections 1602,
1603, 1604, 1607b, 1607c, 1608, 1611, 1612, and 1613 of this Appendix
and section 1418 of Title 15, Commerce and Trade, repealing sections
1607, 1607a, and 1614 of this Appendix, and enacting provisions set out
as notes under sections 1604, 1605, 1607, and 1612 of this Appendix) may
be cited as the 'Federal Public Transportation Act of 1978'.''
Pub. L. 93-503, 1, Nov. 26, 1974, 88 Stat. 1565, provided: ''That
this Act (enacting sections 1601b, 1604a, and 1604b of this Appendix,
amending sections 1602, 1603, 1604, and 1611 of this Appendix and
section 3303 of Title 42, The Public Health and Welfare, and enacting
provisions set out as notes under section 1605 of this Appendix) may be
cited as the 'National Mass Transportation Assistance Act of 1974'.''
Pub. L. 91-453, 14, Oct. 15, 1970, 84 Stat. 969, provided that:
''This Act (enacting sections 1601a and 1612 of this Appendix, amending
sections 1602 to 1605, 1608, 1610, and 1611 of this Appendix and section
5316 of Title 5, Government Organization and Employees, and enacting
provisions set out as notes under sections 1602 and 1605 of this
Appendix) may be cited as the 'Urban Mass Transportation Assistance Act
of 1970'.''
Section 1 of Pub. L. 88-365, as amended by Pub. L. 102-240, title
III, 3003(a), Dec. 18, 1991, 105 Stat. 2087, provided that: ''This
Act (enacting this chapter) may be cited as the 'Federal Transit
Act'.''.
Section 3003(b) of Pub. L. 102-240 provided that: ''Any reference
in a law, map, regulation, document, paper, or other record of the
United States to the Urban Mass Transportation Act of 1964 shall be
deemed to be a reference to the 'Federal Transit Act'.''
Section 8004 of Pub. L. 102-240 provided that:
''(a) Findings. -- The Congress finds that --
''(1) current Federal policy places commuter transit benefits at a
disadvantage compared to drive-to-work benefits;
''(2) this Federal policy is inconsistent with important national
policy objectives, including the need to conserve energy, reduce
reliance on energy imports, lessen congestion, and clean our Nation's
air;
''(3) commuter transit benefits should be part of a comprehensive
solution to national transportation and air pollution problems;
''(4) current Federal law allows employers to provide only up to $21
per month in employee benefits for transit or van pools;
''(5) the current 'cliff provision', which treats an entire commuter
transit benefit as taxable income if it exceeds $21 per month, unduly
penalizes the most effective employer efforts to change commuter
behavior;
''(6) employer-provided commuter transit incentives offer many public
benefits, including increased access of low-income persons to good jobs,
inexpensive reduction of roadway and parking congestion, and
cost-effective incentives for timely arrival at work; and
''(7) legislation to provide equitable treatment of employer-provided
commuter transit benefits has been introduced with bipartisan support in
both the Senate and House of Representatives.
''(b) Policy. -- The Congress strongly supports Federal policy that
promotes increased use of employer-provided commuter transit benefits.
Such a policy 'levels the playing field' between transportation modes
and is consistent with important national objectives of energy
conservation, reduced reliance on energy imports, lessened congestion,
and clean air.''
49 USC 1601a. Additional Congressional findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds that the rapid urbanization and the continued
dispersal of population and activities within urban areas has made the
ability of all citizens to move quickly and at a reasonable cost an
urgent national problem; that it is imperative, if efficient, safe, and
convenient transportation compatible with soundly planned urban areas is
to be achieved, to continue and expand the Federal Transit Act (49 App.
U.S.C. 1601 et seq.); and that success will require a Federal
commitment for the expenditure of at least $10,000,000,000 over a
twelve-year period to permit confident and continuing local planning,
and greater flexibility in program administration. It is the purpose of
this Act to create a partnership which permits the local community,
through Federal financial assistance, to exercise the initiative
necessary to satisfy its urban mass transportation requirements.
(Pub. L. 91-453, 1, Oct. 15, 1970, 84 Stat. 962; Pub. L. 102-240,
title III, 3003(b), Dec. 18, 1991, 105 Stat. 2088.)
The Federal Transit Act, referred to in text, is Pub. L. 88-365,
July 9, 1964, 78 Stat. 302, as amended, which is classified generally
to this chapter ( 1601 et seq.). For complete classification of this Act
to the Code, see Short title note set out under section 1601 of this
Appendix and Tables.
This Act, referred to in text, is Pub. L. 91-453, Oct. 15, 1970, 84
Stat. 962, known as the Urban Mass Transportation Assistance Act of
1970, which enacted this section and section 1612 of this Appendix,
amended sections 1602 to 1605, 1608, 1610 and 1611 of this Appendix and
section 5316 of Title 5, Government Organization and Employees, and
enacted provisions set out as notes under sections 1602 and 1605 of this
Appendix. For complete classification of this Act to the Code, see
Short Title of 1970 Amendment note set out under section 1601 of this
Appendix and Tables.
Section was enacted as part of the Urban Mass Transportation
Assistance Act of 1970, and not as part of the Federal Transit Act which
comprises this chapter.
1991 -- Pub. L. 102-240 substituted ''Federal Transit Act'' for
''Urban Mass Transportation Act of 1964''.
49 USC 1601b. Additional Congressional findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds that --
(1) over 70 per centum of the Nation's population lives in urban
areas;
(2) transportation is the lifeblood of an urbanized society and the
health and welfare of that society depends upon the provision of
efficient /1/ economical and convenient transportation within and
between its urban area;
(3) for many years the mass transportation industry satisfied the
transportation needs of the urban areas of the country capably and
profitably;
(4) in recent years the maintenance of even minimal mass
transportation service in urban areas has become so financially
burdensome as to threaten the continuation of this essential public
service;
(5) the termination of such service or the continued increase in its
cost to the user is undesirable, and may have a particularly serious
adverse effect upon the welfare of a substantial number of lower income
persons;
(6) some urban areas are now engaged in developing preliminary plans
for, or are actually carrying out, comprehensive projects to revitalize
their mass transportation operations; and
(7) immediate substantial Federal assistance is needed to enable many
mass transportation systems to continue to provide vital service.
(Pub. L. 93-503, 2, Nov. 26, 1974, 88 Stat. 1566.)
Section was enacted as part of the National Mass Transportation
Assistance Act of 1974, and not as part of the Federal Transit Act which
comprises this chapter.
/1/ So in original. Probably should be followed by a comma.
49 USC 1601c. Repealed. Pub. L. 98-216, 6(b), Feb. 14, 1984, 98 Stat.
8
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 97-424, title III, 310, Jan. 6, 1983, 96 Stat.
2151, required the Secretary of Transportation to report to Congress in
January of 1984 and in every second January thereafter his estimates of
the current performance and condition of the public mass transportation
system together with recommendations for administrative or legislative
revisions and an assessment of public transportation facilities and
future needs of such facilities. See section 308(e) of Title 49,
Transportation.
49 USC 1602. Federal financial assistance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Grants or loans to States and local public agencies; uses of
funds; eligibility of applicant; real property acquisition;
prohibition on uses of grant or loan funds; intention to obligate by
letter of intent to applicant; considerations related to acquisition of
rail lines and related facilities; emphasis on labor intensive projects
(1) The Secretary is authorized, in accordance with the provisions of
this chapter and on such terms and conditions as the Secretary may
prescribe, to make grants or loans (directly, through the purchase of
securities or equipment trust certificates, or otherwise) to assist
States and local public bodies and agencies thereof in financing --
(A) the construction of new fixed guideway systems and extensions to
existing fixed guideway systems, including the acquisition of real
property, the initial acquisition of rolling stock needed for such
systems, the detailed alternative analyses relating to the development
of such systems, and the acquisition of rights-of-way, and relocation,
for fixed guideway corridor development for projects in advanced stages
of any such detailed alternatives analyses or preliminary engineering;
(B) the acquisition, construction, reconstruction, and improvement of
facilities and equipment for use, by operation or lease or otherwise, in
mass transportation service and the coordination of such service with
highway and other transportation. Eligible facilities and equipment may
include personal property such as buses and other rolling stock, and
rail and bus facilities, and real property and improvements (but not
public highways other than fixed guideway facilities) needed for an
efficient and coordinated public transportation system. No project for
the replacement or purchase of buses and related equipment or the
construction of bus-related facilities shall be approved unless the
Secretary finds that such project cannot be reasonably funded out of the
apportionments under section 1604(a)(4) of this Appendix;
(C) the introduction into public transportation service of new
technology in the form of innovative and improved products;
(D) transportation projects which enhance the effectiveness of any
mass transportation project and are physically or functionally related
to such mass transportation project or which create new or enhanced
coordination between public transportation and other forms of
transportation, either of which enhance urban economic development or
incorporate private investment including commercial and residential
development. The term ''eligible costs'' includes property acquisition,
demolition of existing structures, site preparation, utilities, building
foundations, walkways, open space, and the acquisition, construction,
and improvement of facilities and equipment for intermodal transfer
facilities and transit malls, but does not include the construction of
commercial revenue-producing facilities, whether publicly or privately
owned, or of those portions of public facilities not related to mass
transportation. The Secretary shall require that all grants and loans
under this paragraph be subject to such terms, conditions, requirements,
and provisions as the Secretary determines necessary or appropriate for
purposes of this section, including requirements for the disposition of
net increases in value of real property resulting from the project
assisted under this section. The Secretary shall require in all grants
and loans under this subparagraph that any person or entity that
contracts to occupy space in facilities funded under this subparagraph
shall pay a fair share of the cost of such facilities, through rental
payments and other means;
(E) transit projects which are planned, designed, and carried out to
meet the special needs of elderly persons and persons with disabilities;
and
(F) the development of corridors to support fixed guideway systems,
including protection of rights-of-way through acquisition, construction
of dedicated bus and high occupancy vehicle lanes, construction of park
and ride lots, and any other nonvehicular capital improvements that the
Secretary may determine would result in increased transit usage in the
corridor.
(2)(A) No grant or loan shall be provided under this section unless
the Secretary determines that the applicant --
(i) has or will have the legal, financial, and technical capacity to
carry out the proposed project;
(ii) has or will have satisfactory continuing control, through
operation or lease or otherwise, over the use of the facilities and the
equipment; and
(iii) has or will have sufficient capability to maintain the
facilities and equipment, and will maintain, such facilities and
equipment.
(B) The Secretary may make loans for real property acquisition
pursuant to subsection (b) of this section upon a determination, which
shall be in lieu of the determination required by subparagraph (A), that
the real property is reasonably expected to be required in connection
with a mass transportation system and that it will be used for that
purpose within a reasonable period.
(C) No grant or loan funds shall be used for payment of ordinary
governmental or nonproject operating expenses, nor shall any grant or
loan funds be used to support procurements utilizing exclusionary or
discriminatory specifications.
(3) The Secretary shall not approve a grant or loan for a project
under this section unless the Secretary finds that such project is part
of an approved program of projects required by section 1607 of this
Appendix.
(4)(A) The Secretary is authorized to announce an intention to
obligate for a project under this section through the issuance of a
letter of intent to the applicant. At least thirty days prior to the
issuance of a letter of intent under this paragraph, the Secretary shall
notify, in writing, the Committee on Public Works and Transportation of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, of the proposed issuance of such letter of
intent. Such an action shall not be deemed an obligation as defined
under sections 1108(c) and (d), 1501, and 1502(a) of title 31, nor shall
such a letter be deemed an administrative commitment. The letter shall
be regarded as an intention to obligate from future available budget
authority not to exceed an amount stipulated as the Secretary's
financial participation in the defined project under this section. The
amount stipulated in the letter, when issued for a fixed guideway
project, shall be sufficient to complete not less than an operable
segment. No obligation or administrative commitment may be made
pursuant to such a letter of intent except as funds are provided in
appropriations Acts.
(B) The Secretary is authorized to enter into a full funding grant
agreement with an applicant, which agreement shall --
(i) establish the terms and conditions of Federal financial
participation in a project under this section;
(ii) establish the maximum amounts of Federal financial assistance
for such project;
(iii) cover the period of time to completion of the project,
including any period that may extend beyond the period of any
authorization; and
(iv) facilitate timely and efficient management of such project in
accordance with Federal law.
(C) An agreement under subparagraph (B) shall obligate an amount of
available budget authority specified in law and may include a
commitment, contingent upon the future availability of budget authority,
to obligate an additional amount or additional amounts from future
available budget authority specified in law. The agreement shall
specify that the contingent commitment does not constitute an obligation
of the United States. The future availability of budget authority
referred to in the first sentence of this subparagraph shall be amounts
to be specified in law in advance for commitments entered into under
subparagraph (B). Any interest and other financing costs of efficiently
carrying out the project or a portion thereof within a reasonable period
of time shall be considered as a cost of carrying out the project under
a full funding grant agreement; except that eligible costs shall not be
greater than the costs of the most favorable financing terms reasonably
available for the project at the time of borrowing. The applicant shall
certify, in a form satisfactory to the Secretary, that the applicant has
shown due diligence in seeking the most favorable financing terms. The
total of amounts stipulated in a full funding grant agreement for a
fixed guideway project shall be sufficient to complete not less than an
operable segment.
(D) The Secretary is authorized to enter into an early systems work
agreement with an applicant if a record of decision pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued on the project and the Secretary determines that there is
reason to believe --
(i) a full funding grant agreement will be entered into for the
project; and
(ii) the terms of the early systems work agreement will promote
ultimate completion of the project more rapidly and at less cost.
The early systems work agreement shall obligate an amount of
available budget authority specified in law and shall provide for
reimbursement of preliminary costs of project implementation, including
land acquisition, timely procurement of system elements for which
specifications are determined, and other activities that the Secretary
determines to be appropriate to facilitate efficient, long-term project
management. An early systems work agreement shall cover such period of
time as the Secretary deems appropriate, which period may extend beyond
the period of current authorization. The interest and other financing
costs of carrying out the early systems work agreement efficiently and
within a reasonable period of time shall be considered as a cost of
carrying out the agreement; except that eligible costs shall not be
greater than the costs of the most favorable financing terms reasonably
available for the project at the time of borrowing. The applicant shall
certify, in a form satisfactory to the Secretary, that the applicant has
shown due diligence in seeking the most favorable financing terms. If
an applicant fails to implement the project for reasons within the
applicant's control, the applicant shall repay all Federal payments made
under the early systems work agreement plus such reasonable interest and
penalty charges as the Secretary may establish in the agreement.
(E) The total estimated amount of future Federal obligations, and
contingent commitments to incur obligations, covered by all outstanding
letters of intent, early systems work agreements, and full funding grant
agreements, shall not exceed the amount authorized to carry out this
section or 50 percent of the uncommitted cash balance remaining in the
Mass Transit Account of the Highway Trust Fund, including amounts
received from taxes and interest earned in excess of amounts that have
been previously obligated, whichever is greater, less an amount
reasonably estimated by the Secretary to be necessary for grants under
this section which are not covered by a letter of intent. The total
amount covered by new letters issued and contingent commitments included
in early systems work agreements and full funding grant agreements shall
not exceed any limitation that may be specified in law. Nothing in this
paragraph shall affect the validity of letters of intent issued prior to
November 6, 1978. Funding for projects covered by letters of intent or
letters of commitment issued, and full funding contracts executed, prior
to January 6, 1983, should be funded under this section while not
precluding the funding of a portion of such projects using section 1607a
of this Appendix capital funds unless such funding would impair the
recipient's ability to fund routine capital projects under such section.
Notwithstanding the provisions of section 1603(a) of this Appendix, the
Federal share of the total project cost of any project under this
section covered by a full funding contract, letter of intent, or letter
of commitment in effect on January 6, 1983, or those projects within the
federally agreed upon scope for the Washington, District of Columbia,
metropolitan area transit system (as of such date), shall not be
altered.
(5) The Secretary shall take into account the adverse effect of
decreased commuter rail service in considering applications for
assistance under this section for the acquisition of rail lines and all
related facilities used in providing commuter rail service which are
owned by a railroad subject to reorganization under title 11.
(6) Assured timetable for projects in alternatives analysis,
preliminary engineering, or final design stages. --
(A) Alternatives analysis stage. -- For any new fixed guideway
project that the Secretary permits to advance into the alternatives
analysis stage of project review, the Secretary shall cooperate with the
applicant in alternatives analysis and in preparation of a draft
environmental impact statement, and shall approve the draft
environmental impact statement for circulation not later than 45 days
after the date on which such draft is submitted to the Secretary by the
applicant.
(B) Preliminary engineering stage. -- Following circulation of the
draft environmental impact statement and not later than 30 days after
selection by the applicant of a locally preferred alternative, the
Secretary shall permit the project to advance to the preliminary
engineering phase if the Secretary finds the project is consistent with
the criteria set forth in subsection (i) of this section.
(C) Final design stage. -- The Secretary shall issue a record of
decision and permit a project to advance to the final design stage of
construction not later than 120 days after the date of completion of the
final environmental impact statement for such project.
(D) Full funding grant agreement. -- The Secretary shall negotiate
and enter into a full funding grant agreement for a project not later
than 120 days after the date on which such project has entered the final
design stage of construction. Such full funding grant agreement shall
provide for a Federal share of the cost of construction that is not less
than the Federal share estimated in the Secretary's most recent report
required under subsection (j) of this section or an update thereof
unless otherwise requested by an applicant.
(7) Permitted delays in project review. --
(A) In general. -- Advancement of a project under the timetables
specified under paragraph (6) shall be delayed only --
(i) for such period of time as the applicant, solely at the
applicant's discretion, may request; or
(ii) during such period of time as the Secretary finds, after
reasonable notice and opportunity for comment, that the applicant has
failed, for reasons solely attributable to the applicant, to comply
substantially with requirements of this chapter with respect to the
project.
(B) Explanation of delay. -- Not more than 10 days after imposing any
delay under subparagraph (A)(ii), the Secretary shall provide the
applicant with a written statement that (i) explains the reasons for
such delay, and (ii) describes all steps which the applicant must take
to end the period of delay.
(C) Reports. -- The Secretary shall report, not less frequently than
once every 6 months, 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 in any case in which the Secretary --
(i) fails to meet a deadline established by paragraph (6); or
(ii) delays the application of a deadline under subparagraph (A)(
ii).
Such report shall explain the reasons for the delay and include a
plan for achieving timely completion of the Secretary's review of the
project.
(8) Treatment of programs of interrelated projects. --
(A) Full funding grant agreement. -- In accordance with the
timetables established by paragraph (6) or as otherwise provided by law,
the Secretary shall enter into 1 or more full funding grant agreements
for each program of interrelated projects described in subparagraph (C).
Such full funding grant agreements shall include commitments to advance
each of the applicant's program elements (in the program of interrelated
projects) through the appropriate stages of project review in accordance
with the timetables established by paragraph (6) or as otherwise
provided for a project by law, and to provide Federal funding for each
such program element. Such full funding grant agreements may also be
amended, if appropriate, to include design and construction of
particular program elements. Inclusion of a nonfederally funded program
element in a program of interrelated projects shall not be construed as
imposing Federal requirements which would not otherwise apply to such
program element.
(B) Considerations. -- When reviewing any 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 that such consideration expedites
project implementation.
(C) Programs of interrelated projects. -- For the purposes of this
paragraph, programs of interrelated projects shall include the
following:
(i) The New Jersey Urban Core Project as defined by the Federal
Transit Act Amendments of 1991.
(ii) The San Francisco Bay Area Rail Extension Program, which
consists of not less than the following elements: 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, and any other program element designated by any modification to
Metropolitan Transportation Commission Resolution No. 1876, as well as
program elements financed entirely with non-Federal funds, including the
BART Warm Springs Extension, Dublin Extension, and West Pittsburg
Extension.
(iii) The Los Angeles Metro Rail Minimum Operable Segment-3 Program,
which consists of 7 stations and approximately 11.6 miles of heavy rail
subway on the following lines:
(I) 1 line running west and northwest from the Hollywood/Vine station
to the North Hollywood station, with 2 intermediate stations;
(II) 1 line running west from the Wilshire/Western station to the
Pico/San Vicente station, with 1 intermediate station; and
(III) the East Side Extension, consisting of an initial line of
approximately 3 miles in length, with at least 2 stations, beginning at
Union Station and running generally east.
(iv) The Baltimore-Washington Transportation Improvements Program,
which consists of the following elements: 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.
(v) The Tri-County Metropolitan Transportation District of Oregon
Westside Light Rail Program, which consists of the following elements:
the locally preferred alternative for the Westside Light Rail Project,
including system related costs, set forth in Public Law 101-516 and as
defined in House Report 101-584; and the Hillsboro extension to the
Westside Light Rail Project as set forth in Public Law 101-516.
(vi) The Queens Local/Express Connector Program which consists of the
following elements: the locally preferred alternative for the
connection of the 63rd Street tunnel extension to the Queens Boulevard
lines; the bell-mouth portion of the connector which would allow for
future access by both commuter rail trains and other subway lines to the
63rd Street tunnel extension; planning elements for connecting both
upper and lower level to commuter and subway lines in Long Island City;
and planning elements for providing a connector for commuter rail
service to the East side of Manhattan and subway lines to the proposed
Second Avenue subway.
(vii) The Dallas Area Rapid Transit Authority light rail elements of
the New System Plan, which consists of the following elements: 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 corridor-Farmers Branch and
Las Colinas terminal.
(viii) Such other programs as may be designated in law or by the
Secretary.
(b) Acquisition of real property; uses; provisions of loan
agreement; repayment and forgiveness of loans; submission of
applications to Secretary and comprehensive planning agency of community
affected and consideration of comments of such agency by Secretary
The Secretary is authorized to make loans under this section to
States or local public bodies and agencies thereof to finance the
acquisition of real property and interests in real property for use as
rights-of-way, station sites, and related purposes, on urban mass
transportation systems, including reconstruction, renovation, and the
net cost of property management and relocation payments made pursuant to
section 1606 of this Appendix. Each loan agreement under this
subsection shall provide for actual construction of urban mass
transportation facilities on acquired real property within a period not
exceeding ten years following the fiscal year in which the agreement is
made. Each agreement shall provide that in the event acquired real
property or interests in real property are not to be used for the
purposes for which acquired, an appraisal of current value will be made
at the time of that determination, which shall not be later than ten
years following the fiscal year in which the agreement is made.
Two-thirds of the increase in value, if any, over the original cost of
the real property shall be paid to the Secretary for credit to
miscellaneous receipts of the Treasury. Repayment of amounts loaned
shall be credited to miscellaneous receipts of the Treasury. A loan
made under this subsection shall be repayable within ten years from the
date of the loan agreement or on the date a grant agreement for actual
construction of facilities on the acquired real property is made,
whichever date is earlier. A grant agreement for construction of
facilities under this chapter may provide for forgiveness of the
repayment of the principal and accrued interest on the loan then
outstanding in lieu of a cash grant in the amount thus forgiven, which
for all purposes shall be considered a part of the grant and of the
Federal portion of the cost of the project. An applicant for assistance
under this subsection shall furnish a copy of its application to the
comprehensive planning agency of the community affected concurrently
with submission to the Secretary. If within a period of thirty days
thereafter (or, in a case where the comprehensive planning agency of the
community (during such thirty-day period) requests more time, within
such longer period as the Secretary may determine) the comprehensive
planning agency of the community affected submits comments to the
Secretary, the Secretary must consider the comments before taking final
action on the application.
(c) Loan restrictions and limitations; interest
No loans shall be made under this section for any project for which a
grant is made under this section, except --
(1) loans may be made for projects as to which grants are made for
relocation payments; and
(2) project grants may be made even though the real property involved
in the project has been or will be acquired as a result of a loan under
subsection (b) of this section.
Interest on loans made under this section shall be at a rate not less
than (i) a rate determined by the Secretary of the Treasury, taking into
consideration the current average market yield on outstanding marketable
obligations of the United States with remaining periods to maturity
comparable to the average maturities of such loans adjusted to the
nearest one-eighth of 1 per centum, plus (ii) an allowance adequate in
the judgment of the Secretary of Transportation to cover administrative
costs and probable losses under the program. No loans shall be made,
including renewals on extensions thereof, and no securities or
obligations shall be purchased, which have maturity dates in excess of
forty years.
(d) Notice and public hearings
Any application for a grant or loan under this chapter to finance the
acquisition, construction, reconstruction, or improvement of facilities
or equipment which will substantially affect a community or its mass
transportation service shall include a certification that the applicant
--
(1) has afforded an adequate opportunity for public hearings pursuant
to adequate prior notice, and has held such hearings unless no one with
a significant economic, social, or environmental interest in the matter
requests a hearing;
(2) has considered the economic and social effects of the project and
its impact on the environment; and
(3) has found that the project is consistent with official plans for
the comprehensive development of the urban area.
Notice of any hearings under this subsection shall include a concise
statement of the proposed project, and shall be published in a newspaper
of general circulation in the geographic area to be served. If hearings
have been held, a copy of the transcript of the hearings shall be
submitted with the application.
(e) Private transit operators
No financial assistance shall be provided under this chapter to any
State or local public body or agency thereof for the purpose, directly
or indirectly, of acquiring any interest in, or purchasing any
facilities or other property of, a private mass transportation company,
or for the purpose of constructing, improving, or reconstructing any
facilities or other property acquired (after July 9, 1964) from any such
company, or for the purpose of providing by contract or otherwise for
the operation of mass transportation facilities or equipment in
competition with, or supplementary to, the service provided by an
existing mass transportation company, unless (1) the Secretary finds
that such assistance is essential to the program of projects required by
section 1607 of this Appendix, (2) the Secretary finds that such
program, to the maximum extent feasible, provides for the participation
of private mass transportation companies, (3) just and adequate
compensation will be paid to such companies for acquisition of their
franchises or property to the extent required by applicable State or
local laws, and (4) the Secretary of Labor certifies that such
assistance complies with the requirements of section 1609(c) of this
Appendix.
(f) Purchase or operation of buses
No Federal financial assistance under this chapter may be provided
for the purchase or operation of buses unless the applicant or any
public body receiving such assistance for the purchase or operation of
buses, or any publicly owned operator receiving such assistance, shall
as a condition of such assistance enter into an agreement with the
Secretary that such public body, or any operator of mass transportation
for such public body, will not engage in charter bus operations outside
the urban area within which it provides regularly scheduled mass
transportation service, except as provided in the agreement authorized
by this subsection. Such agreement shall provide for fair and equitable
arrangements, appropriate in the judgment of the Secretary, to assure
that the financial assistance granted under this chapter will not enable
public bodies and publicly and privately owned operators for public
bodies to foreclose private operators from the intercity charter bus
industry where such private operators are willing and able to provide
such service. In addition to any other remedies specified in the
agreement, the Secretary shall have the authority to bar a grantee or
operator from the receipt of further financial assistance for mass
transportation facilities and equipment where he determines that there
has been a continuing pattern of violations of the terms of agreement.
Upon receiving a complaint regarding an alleged violation, the Secretary
shall investigate and shall determine whether a violation has occurred.
Upon determination that a violation has occurred, he shall take
appropriate action to correct the violation under the terms and
conditions of the agreement.
(g) Schoolbus operations
No Federal financial assistance shall be provided under this chapter
for the construction or operation of facilities and equipment for use in
providing public mass transportation service to any applicant for such
assistance unless such applicant and the Secretary shall have first
entered into an agreement that such applicant will not engage in
schoolbus operations, exclusively for the transportation of students and
school personnel, in competition with private schoolbus operators. This
subsection shall not apply to an applicant with respect to operation of
a schoolbus program if the applicant operates a school system in the
area to be served and operates a separate and exclusive schoolbus
program for this school system. This subsection shall not apply unless
private schoolbus operators are able to provide adequate transportation,
at reasonable rates, and in conformance with applicable safety
standards; and this subsection shall not apply with respect to any
State or local public body or agency thereof if it (or a direct
predecessor in interest from which it acquired the function of so
transporting schoolchildren and personnel along with facilities to be
used therefor) was so engaged in schoolbus operations any time during
the twelve-month period immediately prior to November 26, 1974. A
violation of an agreement under this subsection shall bar such applicant
from receiving any other Federal financial assistance under this
chapter.
(h) Fixed guideway modernization apportionments
The Secretary shall apportion the sums made available for fixed
guideway modernization under this section for each of fiscal years 1992,
1993, 1994, 1995, 1996, and 1997 as follows:
(1) The first $455,000,000 made available shall be apportioned for
expenditure in the following urbanized areas according to the following
percentages:
(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 made available shall be apportioned for
expenditure in the following urbanized areas according to the following
percentages:
(A) New York, 33.2341 percent.
(B) Northeastern New Jersey, 22.1842 percent.
(C) Philadelphia and 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 made available shall be apportioned for
expenditure --
(A) 50 percent in the urbanized areas listed in paragraphs (1) and
(2) according to the apportionment formula contained in section 1607a(
b)(2) of this Appendix; and
(B) 50 percent in other urbanized areas eligible for assistance under
section 1607a(b)(2) of this Appendix which contain a fixed guideway
system placed in revenue service not less than 7 years prior to the
fiscal year in which funds are made available and in other urbanized
areas which before the first day of the fiscal year demonstrate to the
satisfaction of the Secretary that the urbanized area has modernization
needs which cannot be adequately met with amounts received under section
1607a(b)(2) of this Appendix according to the apportionment formula
contained in such section.
(4) Any remaining amounts made available in a fiscal year shall be
apportioned for expenditure in each urbanized area eligible for
assistance under paragraphs (1), (2), and (3) in accordance with the
apportionment formula contained in section 1607a(b)(2) of this Appendix.
(5) In any fiscal year in which the full amounts authorized under
paragraphs (1) and (2) are not made available, the Secretary shall
reduce on a pro rata basis the apportionments of all urbanized areas
eligible under either paragraph to adjust for the shortfall.
(6) Notwithstanding any other provision of law, rail modernization
funds allocated to the New Jersey Transit Corporation under this
paragraph may be spent in any urbanized area in which the New Jersey
Transit Corporation operates rail service regardless of the urbanized
area which generates the funding.
(i) New start criteria
(1) Determinations
A grant or loan for construction of a new fixed guideway system or
extension of any fixed guideway system may not be made under this
section unless the Secretary determines that the proposed project --
(A) is based on the results of an alternatives analysis and
preliminary engineering;
(B) is justified based on a comprehensive review of its mobility
improvements, environmental benefits, cost effectiveness, and operating
efficiencies; and
(C) is supported by an acceptable degree of local financial
commitment, including evidence of stable and dependable funding sources
to construct, maintain, and operate the system or extension.
(2) Considerations
In making determinations under this subsection, the Secretary --
(A) shall consider the direct and indirect costs of relevant
alternatives;
(B) shall account for costs related to such factors as congestion
relief, improved mobility, air pollution, noise pollution, congestion,
energy consumption, and all associated ancillary and mitigation costs
necessary to implement each alternative analyzed; and
(C) shall identify and consider transit supportive existing land use
policies and future patterns, and consider other factors including the
degree to which the project increases the mobility of the transit
dependent population or promotes economic development, and other factors
that the Secretary deems appropriate to carry out the purposes of this
chapter.
(3) Guidelines
(A) In general
The Secretary shall issue guidelines that set forth the means by
which the Secretary shall evaluate results of alternatives analysis,
project justification, and degree of local financial commitment for the
purposes of paragraph (1).
(B) Project justification
Project justification criteria shall be adjusted to reflect
differences in local land costs, construction costs, and operating
costs.
(C) Financial commitment
The degree of local financial commitment shall be considered
acceptable only if --
(i) the proposed project plan provides for the availability of
contingency funds that the Secretary determines to be reasonable to
cover unanticipated cost overruns;
(ii) each proposed local source of capital and operating funding is
stable, reliable, and available within the proposed project timetable;
and
(iii) local resources are available to operate the overall proposed
transit system (including essential feeder bus and other services
necessary to achieve the projected ridership levels) without requiring a
reduction in existing transit services in order to operate the proposed
project.
(D) Stability assessment
In assessing the stability, reliability, and availability of proposed
sources of local funding, the Secretary shall consider --
(i) existing grant commitments;
(ii) the degree to which funding sources are dedicated to the
purposes proposed; and
(iii) any debt obligations which exist or are proposed by the
recipient for the proposed project or other transit purposes.
(4) Project advancement
No project shall be advanced from alternatives analysis to
preliminary engineering unless the Secretary finds that the proposed
project meets the requirements of this section and there is a reasonable
chance that the project will continue to meet these requirements at the
conclusion of preliminary engineering.
(5) Exceptions
(A) In general
A new fixed guideway system or extension shall not be subject to the
requirements of this subsection and the simultaneous evaluation of such
projects in more than one corridor in a metropolitan area shall not be
limited if (i) the project is located within an extreme or severe
nonattainment area and is a transportation control measure, as defined
by the Clean Air Act (42 U.S.C. 7401 et seq.), that is required to carry
out an approved State Implementation Plan, or (ii) assistance provided
under this section accounts for less than $25,000,000 or less than 1/3
of the total cost of the project or an appropriate program of projects
as determined by the Secretary.
(B) Expedited procedures
In the case of a project that is (i) located within a nonattainment
area that is not an extreme or severe nonattainment area, (ii) a
transportation control measure, as defined in the Clean Air Act (42 U.
S.C. 7401 et seq.), and (iii) required to carry out an approved State
Implementation Plan, the simultaneous evaluation of projects in more
than one corridor in a metropolitan area shall not be limited and the
Secretary shall make determinations under this subsection with expedited
procedures that will promote timely implementation of the State
Implementation Plan.
(C) Exclusion for certain projects
That portion of a project (including any commuter rail service
project on an existing right-of-way) financed entirely with highway
funds made available under the Federal-Aid Highway Act of 1991 shall not
be subject to the requirements of this subsection.
(6) Project implementation
A project funded pursuant to this subsection shall be implemented by
means of a full funding grant agreement.
(j) Report on funding levels and allocations of funds
Not later than 30 days after April 2, 1987, and each January 20
thereafter, the Secretary shall prepare and transmit 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 --
(1) a proposal of the total amount of funds which should be made
available in accordance with subsection (k)(1)(D) of this section to
finance for the fiscal year beginning on October 1 of such year grants
and loans for each of the following:
(A) the replacement, rehabilitation, and purchase of buses and
related equipment and the construction of bus-related facilities,
(B) rail modernization, and
(C) construction of new fixed guideway systems and extensions to
fixed guideway systems; and
(2) a proposal of the allocation of the funds to be made available to
finance grants and loans for the construction of new fixed guideway
systems and extensions to fixed guideway systems among applicants for
such assistance.
(k) Allocations
(1) In general
Subject to paragraph (3), of the amounts available for grants and
loans under this section for fiscal years 1992, 1993, 1994, 1995, 1996,
and 1997 --
(A) 40 percent shall be available for fixed guideway modernization;
(B) 40 percent shall be available for construction of new fixed
guideway systems and extensions to fixed guideway systems; and
(C) 20 percent shall be available for the replacement,
rehabilitation, and purchase of buses and related equipment and the
construction of bus-related facilities.
(2) Eligibility
(A) The receipt of, or application for, assistance for a project
described in subparagraph (A), (B), or (C) of paragraph (1) shall not
preclude eligibility for assistance for a project described in any other
such subparagraph.
(B) Prior to the expiration of the 2-year period beginning on April
2, 1987, the Secretary may not change program administration regarding
eligibility for assistance for rail modernization.
(3) Areas other than urbanized areas
At least 5.5 percent of the amounts available for grants and loans
under subsection (k)(1)(C) of this section for fiscal years 1992, 1993,
1994, 1995, 1996, and 1997 shall be available for areas other than
urbanized areas.
(l) Advance construction
(1) Approved project
Upon application of a State or local public body which carries out a
project described in this section or a substitute transit project
described in section 103(e)(4) of title 23, or portion of such a project
without the aid of Federal funds in accordance with all procedures and
requirements applicable to such a project and upon the Secretary's
approval of such application, the Secretary may pay to such applicant
the Federal share of the net project costs if, prior to carrying out
such project or portion, the Secretary approves the plans and
specifications therefor in the same manner as other projects under this
section or such section 103(e)(4), as the case may be.
(2) Bond interest
(A) Eligible cost
Subject to the provisions of this paragraph, the cost of carrying out
a project or portion thereof, the Federal share of which the Secretary
is authorized to pay under this subsection, shall include the amount of
any interest earned and payable on bonds issued by the State or local
public body to the extent that the proceeds of such bonds have actually
been expended in carrying out such project or portion.
(B) Limitation on amount
In no event shall the amount of interest considered as a cost of
carrying out a project or portion thereof under subparagraph (A) be
greater than the most favorable interest terms reasonably available for
the project at the time of borrowing. The applicant shall certify, in a
form satisfactory to the Secretary, that the applicant has shown due
diligence in seeking the most favorable financial terms.
(C) Changes in construction cost indices
The Secretary shall consider changes in construction cost indices in
determining the amount under subparagraph (B)(i).
(m) Bus testing
Of the amounts made available for replacement, rehabilitation, and
purchase of buses and related equipment and the construction of bus
related facilities by subsection (k)(1)(C) of this section, the
Secretary shall make available $1,500,000 in fiscal year 1992,
$2,000,000 in fiscal year 1993, the lesser of $2,000,000 or an amount
the Secretary determines to be necessary per fiscal year in each of
fiscal years 1994, 1995, and 1996, and the lesser of $3,000,000 or an
amount the Secretary determines to be necessary in fiscal year 1997.
Such amounts shall be available to the Secretary to pay 80 percent of
the cost of testing a vehicle at the facility established under section
317 of the Surface Transportation and Uniform Relocation Assistance Act
of 1987 (49 U.S.C. App. 1608). The Secretary shall make such payments by
contract with the operator of the facility. The remaining 20 percent of
the cost of testing a vehicle shall be paid to the operator of the
facility by the entity having the vehicle tested.
(Pub. L. 88-365, 3, July 9, 1964, 78 Stat. 303; Pub. L. 89-562, 2(
b)(1), Sept. 8, 1966, 80 Stat. 716; Pub. L. 90-19, 20(a), May 25, 1967,
81 Stat. 25; Pub. L. 91-453, 2, Oct. 15, 1970, 84 Stat. 962; Pub. L.
93-383, title VIII, 813(a), Aug. 22, 1974, 88 Stat. 737; Pub. L.
93-503, title I, 102, 104, 106, 109, 110, Nov. 26, 1974, 88 Stat. 1566,
1571-1573; Pub. L. 93-650, 1(a), Jan. 4, 1974, 89 Stat. 2-1; Pub. L.
95-599, title III, 302, Nov. 6, 1978, 92 Stat. 2735; Pub. L. 97-424,
title III, 304(a), (b), 305, 313, Jan. 6, 1983, 96 Stat. 2149, 2150,
2152; Pub. L. 100-17, title III, 302, 303(a), 304-306( a), 309( e),
Apr. 2, 1987, 101 Stat. 223, 224, 227; Pub. L. 102-240, title III,
3006(a), (b), (d), (e), 3007-3011(a), Dec. 18, 1991, 105 Stat.
2089-2095.)
The National Environmental Policy Act of 1969, referred to in subsec.
(a)(4)(D), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 ( 4321 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
The Federal Transit Act Amendments of 1991, referred to in subsec.
(a)(8)(C)(i), is title III of Pub. L. 102-240, Dec. 18, 1991, 105
Stat. 2087. Provisions defining the New Jersey Urban Core Project are
contained in section 3031 of the Act, which is not classified to the
Code. For complete classification of this Act to the Code, see Short
Title of 1991 Amendment note set out under section 1601 of this Appendix
and Tables.
Public Law 101-516, referred to in subsec. (a)(8)(C)(v), is Pub. L.
101-516, Nov. 5, 1990, 104 Stat. 2155, known as the Department of
Transportation and Related Agencies Appropriations Act, 1991. For
complete classification of this Act to the Code, see Tables.
The Clean Air Act, referred to in subsec. (i)(5)(A), (B), is act
July 14, 1955, ch. 360, as amended generally by Pub. L. 88-206, Dec.
17, 1963, 77 Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91
Stat. 685. The Clean Air Act was originally classified to chapter 15B (
1857 et seq.) of Title 42, The Public Health and Welfare. On enactment
of Pub. L. 95-95, the Act was reclassified to chapter 85 ( 7401 et
seq.) of Title 42. For complete classification of this Act to the Code,
see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal-Aid Highway Act of 1991, referred to in subsec. (i)(5)(
C), was not enacted into law. However, provisions referred to as the
Federal-Aid Highway Act of 1991 were contained in several bills and are
similar to those appearing in part A of title I of Pub. L. 102-240,
Dec. 18, 1991, 105 Stat. 1914, which Act is known as the Intermodal
Surface Transportation Efficiency Act of 1991. For classification of
that Act to the Code, see Short Title of 1991 Amendment note set out
under section 101 of Title 49, Transportation, and Tables.
Section 317 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987, referred to in subsec. (m), is section 317 of
Pub. L. 100-17, which amended section 1608 of this Appendix and enacted
provisions set out as a note under such section 1608.
In subsec. (a)(4)(A), ''sections 1108(c) and (d), 1501, and 1502(a)
of title 31'' substituted for ''section 1311 of the Act of August 26,
1954, as amended (31 U.S.C. 200)'' on authority of Pub. L. 97-258, 4(
b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
Subsec. (f) of this section was originally added by H.R. 10511, 93rd
Congress, 1st Session, which was pocket-vetoed during the intersession
adjournment of the 93rd Congress in January, 1974. Later, during the
second session of the 93rd Congress, Pub. L. 93-383 was passed
containing provisions identical to those of the vetoed H.R. 10511. See
1974 Amendment note below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F. Supp.
353) H.R. 10511 was deemed to have become law without the approval of
the President on Jan. 4, 1974, and was given the designation Pub. L.
93-650. Therefore, for purposes of codification, this section should be
deemed to have been amended by Pub. L. 93-650, 1(a), Jan. 4, 1974, 89
Stat. 2-1, which added subsec. (f) of this section.
1991 -- Subsec. (a)(1)(E). Pub. L. 102-240, 3006(a), added subpar.
(E) and struck out former subpar. (E) which read as follows: ''the
modification of equipment and fixed facilities (other than stations)
which the Secretary determines to be necessary to avoid any adverse
effects resulting from the implementation of the Northeast Corridor
project pursuant to title VII of Public Law 94-210. Notwithstanding the
Federal share provisions of section 1603(a) of this Appendix, the
Secretary is authorized to make grants for 100 per centum of the net
project cost of projects assisted under this subparagraph.''
Subsec. (a)(1)(F). Pub. L. 102-240, 3006(b), added subpar. (F).
Subsec. (a)(4)(A). Pub. L. 102-240, 3007(1), (2), inserted ''(A)''
after ''(4)'' and ''not less than'' after ''complete'' in fifth
sentence.
Subsec. (a)(4)(B) to (D). Pub. L. 102-240, 3007(3), added subpars.
(B) to (D).
Subsec. (a)(4)(E). Pub. L. 102-240, 3007(6), which directed the
insertion of ''and contingent commitments included in early systems work
agreements and full funding grant agreements'' after ''by new letters
issued,'' in sentence beginning ''The total amount covered'', was
executed by making the insertion after ''by new letters issued'' in such
sentence, to reflect the probable intent of Congress.
Pub. L. 102-240, 3007(5)(C), inserted ''or 50 percent of the
uncommitted cash balance remaining in the Mass Transit Account of the
Highway Trust Fund, including amounts received from taxes and interest
earned in excess of amounts that have been previously obligated,
whichever is greater'' after ''carry out this section'' in sentence
beginning ''The total estimated amount''.
Pub. L. 102-240, 3007(5)(B), which directed the insertion of '',
early systems work agreements, and full funding grant agreements,''
after ''all outstanding letters of intent,'' in sentence beginning ''The
total estimated amount'', was executed by making the insertion after
''all outstanding letters of intent'' in such sentence, to reflect the
probable intent of Congress.
Pub. L. 102-240, 3007(4), (5)(A), designated seventh sentence of par.
(4) beginning ''The total estimated amount'' as subpar. (E), realigned
margin, and inserted '', and contingent commitments to incur
obligations,'' after ''Federal obligations''.
Subsec. (a)(6) to (8). Pub. L. 102-240, 3011(a), added pars. (6) to
(8) and struck out former par. (6) which read as follows: ''In making
grants under this section in fiscal year 1983, the Secretary shall, to
the extent practicable, emphasize projects that are labor intensive and
that can begin construction or manufacturing within the shortest
possible time.''
Subsec. (h). Pub. L. 102-240, 3008, added subsec. (h) and struck out
former subsec. (h) which read as follows: ''Notwithstanding any other
provision of this chapter, the Secretary, upon application by a local
public body, may approve a project which utilizes funds available under
this section and section 1604 of this Appendix, but in any such project,
none of the funds available under this section may be expended in
connection with the acquisition of buses, bus equipment, or bus related
facilities unless the combined project includes new buses, bus
equipment, or bus related facilities the cost of which is at least equal
to the total amount that reasonably could have been provided for such
purposes with funds available under section 1604(a)(4) of this
Appendix.''
Subsec. (i). Pub. L. 102-240, 3010, amended subsec. (i) generally.
Prior to amendment, subsec. (i) read as follows: ''No grant or loan
for construction of a new fixed guideway system or extension of any
fixed guideway system may be made under this section unless the
Secretary determines that the proposed project --
''(1) is based on the results of an alternatives analysis and
preliminary engineering;
''(2) is cost-effective; and
''(3) is supported by an acceptable degree of local financial
commitment, including evidence of stable and dependable funding sources
to construct, maintain, and operate the system or extension.
In making grants and loans under this section, the Secretary may also
consider such other factors as the Secretary deems appropriate. The
Secretary shall issue guidelines that set forth the means by which the
Secretary will evaluate cost-effectiveness, results of alternatives
analysis, and degree of local financial commitment.''
Subsec. (k)(1). Pub. L. 102-240, 3006(d)(1), added par. (1) and
struck out former par. (1) which read as follows: ''Of the amounts
available for grants and loans under this section for fiscal years 1987,
1988, 1989, 1990, and 1991 --
''(A) 40 percent shall be available for rail modernization;
''(B) 40 percent shall be available for construction of new fixed
guideway systems and extensions to fixed guideway systems;
''(C) 10 percent shall be available for the replacement,
rehabilitation, and purchase of buses and related equipment and the
construction of bus-related facilities; and
''(D) 10 percent shall be available for the purposes described in
subparagraphs (A) through (C), as determined by the Secretary.''
Subsec. (k)(3). Pub. L. 102-240, 3006(d)(2), added par. (3).
Subsec. (l)(2)(B). Pub. L. 102-240, 3006(e), substituted ''the most
favorable interest terms reasonably available for the project at the
time of borrowing. The applicant shall certify, in a form satisfactory
to the Secretary, that the applicant has shown due diligence in seeking
the most favorable financial terms.'' for ''the excess of --
''(i) the amount which would be the estimated cost of carrying out
the project or portion if the project or portion were to be carried out
at the time the project or portion is converted to a regularly funded
project, over
''(ii) the actual cost of carrying out such project or portion (not
including such interest).''
Subsec. (m). Pub. L. 102-240, 3009, added subsec. (m).
1987 -- Subsec. (a)(2)(A). Pub. L. 100-17, 309(e), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows: ''No
grant or loan shall be provided under this section unless the Secretary
determines that the applicant has or will have --
''(i) the legal, financial, and technical capacity to carry out the
proposed project;
''(ii) satisfactory continuing control, through operation or lease or
otherwise, over the use of the facilities and the equipment; and
''(iii) sufficient capability to maintain the facilities and
equipment.''
Subsec. (a)(4). Pub. L. 100-17, 302, struck out ''provided in an
appropriation Act'' after ''authority'' in fourth sentence and
substituted ''specified in law'' for ''specified in an appropriations
Act'' in eighth sentence.
Subsec. (i). Pub. L. 100-17, 303(a), added subsec. (i).
Subsec. (j). Pub. L. 100-17, 304, added subsec. (j).
Subsec. (k). Pub. L. 100-17, 305, added subsec. (k).
Subsec. (l). Pub. L. 100-17, 306(a), added subsec. (l).
1983 -- Subsec. (a)(1)(A). Pub. L. 97-424, 313, struck out ''and''
after ''such systems,'' and inserted provisions relating to the
acquisition of rights-of-way, and relocation, for fixed guideway
corridor development for projects in advanced stages of detailed
alternatives analyses or preliminary engineering.
Subsec. (a)(2)(A)(iii). Pub. L. 97-424, 304(a), added cl. (iii).
Subsec. (a)(4). Pub. L. 97-424, 305, inserted provision requiring
prior notice to certain Congressional committees of the proposed
issuance of a letter of intent, substituted ''to carry out this
section'' for ''in section 1603(c) of this Appendix'' after ''the amount
authorized'', and inserted provisions relating to funding under this
section for projects covered by letters of intent or letters of
commitment and prohibiting the alteration of the Federal share of the
total project cost of certain projects under this section.
Subsec. (a)(5), (6). Pub. L. 97-424, 304(b), added pars. (5) and
(6).
1978 -- Subsec. (a). Pub. L. 95-599, 302(a), expanded provisions of
this subsection to include construction of new fixed guideway systems
and extension, acquisition, construction, and reconstruction of mass
transportation facilities and equipment, the introduction of new
technology into public transportation service, transportation projects
enhancing effectiveness of mass transportation and mitigation of any
adverse effects resulting from implementation of the Northeast Corridor
project and to specify limitations and requirements for grants and
loans.
Subsec. (b). Pub. L. 95-599, 302(b), substituted ''including
reconstruction, renovation, and the net cost of property management''
for ''including the net cost of property management''.
Subsec. (e)(1). Pub. L. 95-599, 302(c), substituted ''the Secretary
finds that such assistance is essential to the program of projects
required by section 1607 of this Appendix'' for ''the Secretary finds
that such assistance is essential to a program, proposed or under active
preparation, for a unified or officially coordinated urban
transportation system as part of the comprehensively planned development
of the urban area''.
Subsec. (h). Pub. L. 95-599, 302(d), substituted provisions
authorizing the Secretary to approve a project utilizing funds available
under this section and section 1604, prohibiting, however, the
expenditure of funds in connection with the acquisition of buses, bus
equipment, etc., unless the combined project includes new buses, etc.,
the cost of which is at least equal to the total that could have been
provided for such purposes with funds available under section 1604(a)(4)
for provisions allowing the expenditure of up to one-half of any
financial assistance provided under this chapter (other than under
section 1604 of this Appendix) for the payment of operating expenses if
the Secretary finds that effective arrangements have been made to
substitute an equal amount of State or local funds.
1974 -- Subsec. (a)(1). Pub. L. 93-503, 102(1)-(3), 104, 106,
redesignated existing provisions as subsec. (a)(1), and, as so
redesignated, designated existing provisions as cl. (1) and added cl.
(2), redesignated former cls. (1) and (2) as (A) and (B), respectively,
inserted provisions relating to requirements for eligible facilities and
equipment with respect to their placement within the zone affected by
construction and operation of transit improvements and compatibility
with land use patterns and provisions prohibiting use of grant or loan
fund to support procurements utilizing exclusionary or discriminatory
specifications, and struck out provisions relating to submission of
applications for assistance to Governors of affected States and comments
upon applications by such Governors to the Secretary.
Subsec. (a)(2). Pub. L. 93-503, 102(4), added par. (2).
Subsec. (f). Pub. L. 93-503, 109(b), inserted ''or operation'' after
''purchase''.
Pub. L. 93-383 added subsec. (f). See Codification note above.
Subsec. (g). Pub. L. 93-503, 109(a), added subsec. (g).
Subsec. (h). Pub. L. 93-503, 110, added subsec. (h).
1970 -- Subsec. (a). Pub. L. 91-453, 2(2), inserted provisions
authorizing the Secretary to make loans for real property acquisition
upon a determination that such real property is reasonably expected to
be required in connection with a mass transportation system and that it
would be used for such purpose in a reasonable time and requiring
applicants for such assistance for projects located in States having
statewide comprehensive transportation planning to furnish copies of the
application to the Governors of the respective States and to the
Secretary and requiring the Secretary to consider the comments of the
Governors before a determination, if submitted to him within thirty
days.
Subsec. (b). Pub. L. 91-453, 2(2), added subsec. (b). Former subsec.
(b) redesignated (c).
Subsec. (c). Pub. L. 91-453, 2(2), redesignated former subsec. (b) as
subsec. (c), substituted provisions prohibiting loans for the same
project, except for relocation payments and for real property acquired
with a loan, for provisions restricting loans by reference to section
1606 of this Appendix and sections 1492 and 1493 of title 42, added a
new formula for the determination of interest on loans, and laid down
the maximum date for maturity at forty years. Former subsec. (c)
redesignated (a).
Subsec. (d). Pub. L. 91-453, 2(2), added subsec. (d).
Subsec. (e). Pub. L. 91-453, 2(1), redesignated former subsec. (c) as
subsec. (e).
1967 -- Subsecs. (a) to (c). Pub. L. 90-19 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1966 -- Subsec. (c). Pub. L. 89-562 substituted reference to
''section 13(c)'' of Pub. L. 88-365 for reference to ''section 10(c)''
of Pub. L. 88-365 pursuant to the redesignation of section 10 as
section 13 by Pub. L. 89-562. Since ''section 10(c) of this Act'' was
translated to ''section 1609(c) of this Appendix'' for purposes of
codification, and since ''section 13(c) of this Act'' also translated as
''section 1609(c) of this Appendix'', the amendment produced no change
in the text as codified.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under this section and sections 1603 and 1604 of this Appendix
required to enable Secretary of Housing and Urban Development to advise
and assist Secretary of Transportation to make findings and
determinations under subsec. (c)(1) of this section and sections 1603(
a) and 1604 of this Appendix and to establish jointly with Secretary of
Transportation criteria referred to in first sentence of section 1603(
a) of this Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30,
1968, 33 F.R. 6965, 82 Stat. 1369, set out under section 1608 of this
Appendix.
Section 3006(c) of Pub. L. 102-240 provided that: ''This Act (see
Short Title of 1991 Amendment note set out under section 101 of Title
49, Transportation) shall not be construed to affect the validity of any
existing letter of intent, full funding grant agreement, or letter of
commitment issued under section 3(a)(4) of the Federal Transit Act (49
App. U.S.C. 1602(a)(4)) before the date of the enactment of the Federal
Transit Act Amendments of 1991 (Dec. 18, 1991).''
Section 3011(b) of Pub. L. 102-240 provided that: ''In the case of
a project (including programs of interrelated projects) that, as of the
date of enactment of this Act (Dec. 18, 1991), has reached a particular
stage of project review under section 3(a)(6) of the Federal Transit Act
(49 App. U.S.C. 1602(a)(6)), the timetables applicable to subsequent
stages of project review contained in such section shall take effect on
the date of enactment of this Act.''
Section 3040 of Pub. L. 102-240 provided that:
''(a) Establishment. -- Notwithstanding any provision of law, the
Secretary shall implement regulations, not later than 9 months after the
date of the enactment of this Act (Dec. 18, 1991), in not more than 4
States to permit transit operators to provide charter services for the
purposes of meeting the transit needs of government, civic, charitable,
and other community activities which otherwise would not be served in a
cost effective and efficient manner.
''(b) Consultation. -- In developing such regulations, the Secretary
shall consult with a board that is equally represented by public transit
operators and privately owned charter services.
''(c) Report. -- Not later than 3 years after the date of the
enactment of this Act (Dec. 18, 1991), the Secretary shall transmit to
Congress a report containing an evaluation of the effectiveness of the
demonstration program regulations established under this section and
make recommendations to improve current charter service regulations.''
Section 3041 of Pub. L. 102-240 provided that: ''The Comptroller
General shall submit to the Congress, not later than 12 months after the
date of the enactment of this Act (Dec. 18, 1991), a report evaluating
the impact of existing charter service regulations. The report shall --
''(1) assess the extent to which the regulations promote or impede
the ability of communities to meet the transportation needs of
government, civic, and charitable organizations in a cost-effective and
efficient manner;
''(2) assess the extent to which the regulations promote or impede
the ability of communities to carry out economic development activities
in a cost-effective and efficient manner;
''(3) analyze the extent to which public transit operators and
private charter carriers have entered into charter service agreements
pursuant to the regulations; and
''(4) analyze the extent to which such agreements enable private
carriers to profit from the provision of charter service by public
transit operators using federally subsidized vehicles.
The report shall also include an assessment of the factors specified
in the preceding sentence within the context of not less than 3
communities selected by the Comptroller General.''
Section 303(b) of Pub. L. 100-17, as amended by Pub. L. 102-240,
title III, 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that:
''The amendment made by subsection (a) of this section (amending this
section) shall not apply to any project --
''(1) for which a letter of intent or full funding contract has been
issued under section 3(a)(4) of the Federal Transit Act (subsec. (a)(4)
of this section) before the date of enactment of this Act (Apr. 2,
1987); or
''(2) which was in the preliminary engineering, final design, or
construction stage as of January 1, 1987.''
For provisions prohibiting the obligation after Jan. 6, 1983, of
funds that had been authorized to be appropriated to carry out this
chapter and which would be administered by the Department of
Transportation, unless steel and manufactured products used in the
project are produced in the United States, see section 165 of Pub. L.
97-424, as amended, set out as a note under section 101 of Title 23,
Highways.
Pub. L. 95-599, title IV, 401, Nov. 6, 1978, 92 Stat. 2756, which
required that articles, materials, and supplies used in projects
administered by the Department of Transportation be mined or produced in
the United States, was repealed by Pub. L. 97-424, title I, 165( e),
Jan. 6, 1983, 96 Stat. 2137.
Section 9 of Pub. L. 91-453 required the Secretary of Transportation
to conduct a study of the feasibility of providing Federal assistance to
help defray the operating costs of mass transportation companies in
urban areas and of any changes in this chapter which would be necessary
in order to provide such assistance, and to report his findings and
recommendations to the Congress within one year after Oct. 15, 1970.
Section 10 of Pub. L. 91-453, as amended by Pub. L. 102-240, title
III, 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that: ''The
Secretary of Transportation shall in all ways (including the provision
of technical assistance) encourage industries adversely affected by
reductions in Federal Government spending on space, military, and other
Federal projects to compete for the contracts provided for under
sections 3 and 6 of the Federal Transit Act (49 U.S.C. 1602 and 1605 (49
App. U.S.C. 1602, 1605)), as amended by this Act.''
Pub. L. 88-554, 3, Aug. 31, 1964, 78 Stat. 761, authorized and
directed the Secretary of Commerce to investigate and study the
feasibility of imposing taxes on those transit and commuter systems
which are the beneficiaries of Federal financial assistance under this
chapter for the purpose of raising revenues to defray Federal
expenditures under this chapter; authorized the Secretary of Commerce,
in making the investigation and study, to cooperate and consult with
appropriate Federal, State, and local government agencies, and with
representatives of the transit and commuter service industry and
national organizations concerned with mass transportation service;
required the costs of making the investigation and study to be paid from
appropriations available for expenses of the Office of the Secretary of
Commerce; and required the Secretary of Commerce to report the results
of the investigation and study, together with his recommendations, to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives at the earliest practicable date,
but not later than June 30, 1965.
3338.
49 USC 1602-1. Conversion of equipment and facilities loans to grants
for public transportation projects
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary of Transportation may convert equipment and
facilities loans heretofore made under section 1602(a) of this Appendix
or title II of the Housing Amendments of 1955 (42 U.S.C. 14924 /1/ ), to
grants under the conditions set forth below. A grant agreement for the
acquisition, construction, reconstruction, or improvement of facilities
and equipment under section 1602(a) of this Appendix may provide for
forgiveness of principal and interest on a loan previously made in lieu
of a cash grant in the amount forgiven. Such grant shall be subject to
such terms and conditions as the Secretary may deem necessary and
appropriate, taking into account the degree of completion of the project
financed with the loan.
(b) In lieu of the local matching share otherwise required, the grant
agreement may provide that State or local funds shall be committed to
public transportation projects in the urbanized area, on a schedule
acceptable to the Secretary, in an amount equal to the local share that
would have been required had the amount of principal and interest
forgiven been the Federal share of a capital grant made when the
original loan was made. The State or local funds contributed under the
terms of the preceding sentence shall be made available for capital
projects eligible for funding under section 1602(a) of this Appendix and
may not be used to satisfy the local matching requirements for any other
grant project.
(Pub. L. 95-599, title III, 316, Nov. 6, 1978, 92 Stat. 2751; Pub.
L. 102-240, title III, 3003(b), Dec. 18, 1991, 105 Stat. 2088.)
The Housing Amendments of 1955, referred to in subsec. (a), is act
Aug. 11, 1955, ch. 783, 69 Stat. 645, as amended. Title II of the
Housing Amendments of 1955 was classified generally to chapter 8B ( 1491
et seq.) of Title 42, The Public Health and Welfare, and was omitted
from the Code pursuant to section 5316 of Title 42 which terminated the
authority to make grants or loans under such chapter after Jan. 1,
1975. For complete classification of this Act to the Code, see Short
Title note set out under section 1701 of Title 12, Banks and Banking,
and Tables.
Section was enacted as a part of the Surface Transportation
Assistance Act of 1978, and not as a part of the Federal Transit Act
which comprises this chapter.
1991 -- Subsecs. (a), (b). Pub. L. 102-240 made technical amendment
to references to section 1602(a) of this Appendix to reflect change in
reference to corresponding provision of original act.
/1/ So in original. Probably should be ''1492(a)''.
49 USC 1602a. Federal financial assistance agreements
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Assistance for bus purchases subject to agreement against charter
bus operations outside of regularly scheduled mass transportation
service area; exceptions
No Federal financial assistance shall be provided under (1)
subsection (a) or (c) of section 142, title 23, or (2) paragraph (4) of
subsection (e) of section 103, title 23, for the purchase of buses to
any applicant for such assistance unless such applicant and the
Secretary of Transportation shall have first entered into an agreement
that such applicant will not engage in charter bus operations outside of
the urban area (or areas) within which it provides regularly scheduled
mass transportation service, except as provided in an agreement
authorized and required by section 3(f) of the Federal Transit Act (49
App. U.S.C. 1602(f)), which section shall apply to Federal financial
assistance for the purchase of buses under the provisions of title 23
referred to in clauses (1) and (2) of this sentence.
(b) Assistance for bus purchases subject to agreement against
competitive school bus operations with private school bus operators;
nonapplication of restriction under certain circumstances
No Federal financial assistance shall be provided under (1)
subsection (a) or (c) of section 142, title 23, (2) paragraph (4) of
subsection (e) of section 103, title 23, or (3) the Federal Transit Act
(49 App. U.S.C. 1601 et seq.), for the purchase of buses to any
applicant for such assistance unless such applicant and the Secretary of
Transportation shall have first entered into an agreement that such
applicant will not engage in school bus operations, exclusively for the
transportation of students and school personnel, in competition with
private school bus operators. This subsection shall not apply to an
applicant with respect to operation of a school bus program if the
applicant operates a school system in the area to be served and operates
a separate and exclusive school bus program for this school system.
This subsection shall not apply unless private school bus operators are
able to provide adequate transportation, at reasonable rates, and in
conformance with applicable safety standards, and this subsection shall
not apply with respect to any State or local public body or agency
thereof if it (or a direct predecessor in interest from which it
acquired the function of so transporting school children and personnel
along with facilities to be used therefor) was so engaged in school bus
operations any time during the twelve-month period immediately prior to
August 13, 1973. A violation of an agreement under this subsection
shall bar such applicant from receiving any other Federal financial
assistance under those provisions of law referred to in clauses (1),
(2), and (3) of this subsection.
(Pub. L. 93-87, title I, 164, Aug. 13, 1973, 87 Stat. 281; Pub. L.
93-383, title VIII, 813(b), Aug. 22, 1974, 88 Stat. 737; Pub. L.
93-650, 1(b), Jan. 4, 1974, 89 Stat. 2-1; Pub. L. 102-240, title III,
3003(b), Dec. 18, 1991, 105 Stat. 2088.)
The Federal Transit Act, referred to in subsec. (b), is Pub. L.
88-365, July 9, 1964, 78 Stat. 302, as amended, which is classified
generally to this chapter ( 1601 et seq.). For complete classification
of this Act to the Code, see Short Title note set out under section 1601
of this Appendix and Tables.
Section was enacted as part of the Federal-Aid Highway Act of 1973,
and not as part of the Federal Transit Act which comprises this chapter.
Subsec. (a) of this section was originally amended and provisions set
out as a note under this section were originally enacted by H.R. 10511,
93rd Congress, 1st Session, which was pocket-vetoed during the
intersession adjournment of the 93rd Congress in January, 1974. Later,
during the second session of the 93rd Congress, Pub. L. 93-383 was
passed containing provisions identical to those of the vetoed H.R.
10511. See 1974 Amendment note set out below.
Pursuant to an order of the United States District Court for the
District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F. Supp.
353) H.R. 10511 was deemed to have become law without the approval of
the President on Jan. 4, 1974, and was given the designation Pub. L.
93-650. Therefore, for purposes of codification, this section should be
deemed to have been amended by Pub. L. 93-650, 1(b), Jan. 4, 1974, 89
Stat. 2-1, which amended subsec. (a) of this section.
1991 -- Subsecs. (a), (b). Pub. L. 102-240 substituted ''Federal
Transit Act'' for ''Urban Mass Transportation Act of 1964''.
1974 -- Subsec. (a)(3). Pub. L. 93-383 struck out cl. (3) which
related to Federal financial assistance provided under this chapter, and
substituted provisions requiring agreements to provide that applicants
will not engage in charter bus operations outside of urban areas within
which regularly scheduled mass transportation is provided, except as
specifically authorized, for provisions requiring agreements to provide
that applicants will not engage in charter bus operations in competition
with private bus operators outside of the area the applicant provides
regularly scheduled mass transportation service, and provisions
requiring violations of the agreement to bar applicants from receiving
any other Federal financial assistance.
Section 2 of Pub. L. 93-650 provided that: ''The Secretary shall
amend any agreements entered into pursuant to section 164a of the
Federal-Aid Highway Act of 1973, Public Law 93-87 (subsec. (a) of this
section), to conform to the requirements of section 1 of this Act
(amending subsec. (a) of this section and section 1602 of this
Appendix). The effective date of such conformed agreements shall be the
effective date of the original agreements entered into pursuant to
section 164a (subsec. (a) of this section).''
(An identical provision is contained in section 813(c) of Pub. L.
93-383, set out as a note below.)
Section 813(c) of Pub. L. 93-383 provided that: ''The Secretary
shall amend any agreements entered into pursuant to section 164(a) of
the Federal-Aid Highway Act of 1973 (subsec. (a) of this section), to
conform to the requirements of the amendments made by this section (to
subsec. (a) of this section and section 1602(f) of this Appendix). The
effective date of such conformed agreements shall be the effective date
of the original agreements entered into pursuant to such section 164(a)
(subsec. (a) of this section).''
49 USC 1603. Long-range program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) ''Net project costs'' defined; Federal grant for two-thirds and
non-Federal funds for one-third of net project cost; refunds
The Secretary, on the basis of engineering studies, studies of
economic feasibility, and data showing the nature and extent of expected
utilization of the facilities and equipment, shall estimate what portion
of the cost of a project to be assisted under section 1602 of this
Appendix cannot be reasonably financed from revenues -- which portion
shall hereinafter be called ''net project cost''. The Federal grant for
any such project to be assisted under section 1602 of this Appendix
shall be in an amount equal to 80 percent of the net project cost,
unless the recipient of the grant requests a lower Federal grant
percentage. The remainder of the net project cost shall be provided, in
cash from sources other than Federal funds. Such remainder may be
provided in whole or in part from other than public sources and any
public or private transit system funds so provided shall be solely from
undistributed cash surpluses, replacement or depreciation funds or
reserves available in cash, or new capital. No refund or reduction of
the remainder of the net project cost shall be made at any time unless
there is at the same time a refund of a proportional amount of the
Federal grant. The remainder of the net project cost of a planned
extension to a fixed guideway system may include the cost of rolling
stock previously purchased if the applicant demonstrates to the
satisfaction of the Secretary that --
(1) such purchase was made solely with non-Federal funds; and
(2) such purchase was made for use on the extension.
(b) Quarterly reports
(1) Not later than 30 days after the last day of each calendar
quarter, the Secretary shall transmit to the Committee on Public Works
and Transportation and the Committee on Appropriations of the House of
Representatives and to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate a report on --
(A) obligations, commitments, and reservations by State, designated
recipient, and applicant, made under authority of this chapter during
that quarter;
(B) the balance as of the last day of that quarter of the
unobligated, uncommitted, and unreserved apportionments made under this
chapter;
(C) the balance of unobligated, uncommitted, and unreserved sums
available for expenditure at the discretion of the Secretary under this
chapter as of the close of that quarter;
(D) a listing of letters of intent issued during that quarter;
(E) a status report on all letters of intent outstanding as of the
close of that quarter; and
(F) a status report on the execution of grant contracts and the
establishment of a letter of credit or other reimbursement authority for
sums already obligated for each State, designated recipient, and
applicant.
(2) On or before October 1, 1979, the Secretary shall report to
Congress on authorization requests for sections 1602 and 1604 of this
Appendix for fiscal years 1981 through 1984. On or before October 1,
1981, the Secretary shall report to Congress on authorization requests
for sections 1602 and 1604 of this Appendix for fiscal years 1983
through 1986. Such authorization requests shall contain a description
and analysis of the methods used and the assumptions relied upon by the
Secretary.
(c) Grants to States and local agencies for deployment of innovative
techniques and methods in management and operation of public
transportation services
The Secretary is authorized to make grants to States and local public
bodies for projects for the deployment of innovative techniques and
methods in the management and operation of public transportation
services. In each fiscal year grants for any one State shall not exceed
twelve and one-half per centum of the funds available for the purposes
of this subsection.
(d) Fiscal capacity considerations
If the Secretary gives priority consideration to the funding of
projects which include more than the non-Federal share required by
subsection (a) of this section, the Secretary shall give equal
consideration to differences in the fiscal capacity of State and local
governments.
(Pub. L. 88-365, 4, July 9, 1964, 78 Stat. 304; Pub. L. 89-562, 1(
a), Sept. 8, 1966, 80 Stat. 715; Pub. L. 90-19, 20(a), May 25, 1967, 81
Stat. 25; Pub. L. 90-448, title VII, 701(a), 704(a), Aug. 1, 1968, 82
Stat. 534, 535; Pub. L. 91-152, title III, 306(a), Dec. 24, 1969, 83
Stat. 392; Pub. L. 91-453, 3, 13(a), Oct. 15, 1970, 84 Stat. 965, 969;
Pub. L. 93-87, title III, 301(a), (c), Aug. 13, 1973, 87 Stat. 295;
Pub. L. 93-503, title I, 101, 103(b), Nov. 26, 1974, 88 Stat. 1566,
1571; Pub. L. 93-608, 1(21), Jan. 2, 1975, 88 Stat. 1970; Pub. L.
95-599, title III, 303, Nov. 6, 1978, 92 Stat. 2737; Pub. L. 97-35,
title XI, 1111(a)(1)-(4), Aug. 13, 1981, 95 Stat. 627; Pub. L. 97-424,
title III, 302(b)-(e), 306(a), Jan. 6, 1983, 96 Stat. 2141, 2150; Pub.
L. 100-17, title III, 307, 320, Apr. 2, 1987, 101 Stat. 226, 235; Pub.
L. 102-240, title III, 3006(f)-(h), Dec. 18, 1991, 105 Stat. 2089,
2090.)
1991 -- Subsec. (a). Pub. L. 102-240, 3006(f), (g), substituted ''80
percent'' for ''75 per centum'', inserted '', unless the recipient of
the grant requests a lower Federal grant percentage'' before period at
end of second sentence, and inserted at end ''The remainder of the net
project cost of a planned extension to a fixed guideway system may
include the cost of rolling stock previously purchased if the applicant
demonstrates to the satisfaction of the Secretary that --
''(1) such purchase was made solely with non-Federal funds; and
''(2) such purchase was made for use on the extension.''
Subsec. (b). Pub. L. 102-240, 3006(h)(1), redesignated subsec. (h) as
(b) and struck out former subsec. (b) which read as follows: ''To
finance grants under this chapter there is hereby authorized to be
appropriated at any time after July 9, 1964 not to exceed $75,000,000
for fiscal year 1965; $150,000,000 for fiscal year 1966; $150,000,000
for each of the fiscal years 1967, 1968 and 1969; $190,000,000, for
fiscal year 1970; and $300,000,000 for fiscal year 1971. Any amount so
appropriated shall remain available until expended; and any amount
authorized but not appropriated for any fiscal year may be appropriated
for any succeeding fiscal year. The Secretary is authorized,
notwithstanding the provisions of section 3324(a) and (b) of title 31,
to make advance or progress payments on account of any grant or contract
made pursuant to this chapter.''
Subsec. (c). Pub. L. 102-240, 3006(h)(1), redesignated subsec. (i) as
(c) and struck out former subsec. (c) which provided for appropriations
for Federal financial assistance and grants for technical studies.
Subsec. (d). Pub. L. 102-240, 3006(h), added subsec. (d) and struck
out former subsec. (d) which read as follows: ''There are authorized
to be appropriated $10,000,000 in each fiscal year for the fiscal years
ending September 30, 1979, September 30, 1980, and September 30, 1981,
$5,000,000 for the fiscal year ending September 30, 1984, and
$10,000,000 per fiscal year for each of the fiscal years ending
September 30, 1985, and September 30, 1986, to carry out the functions
of section 1607c(b) of this Appendix. Sums appropriated pursuant to
this subsection shall remain available until expended.''
Subsec. (e). Pub. L. 102-240, 3006(h)(1), struck out subsec. (e)
which read as follows: ''To finance grants under section 1614 of this
Appendix, there are authorized to be appropriated not to exceed
$90,000,000 for the fiscal year ending September 30, 1979; $100,000,000
for the fiscal year ending September 30, 1980; $110,000,000 for the
fiscal year ending September 30, 1981; $75,000,000 for the fiscal year
ending September 30, 1982. Sums appropriated pursuant to this
subsection shall remain available until expended.''
Subsec. (f). Pub. L. 102-240, 3006(h)(1), struck out subsec. (f)
which read as follows: ''There are authorized to be appropriated to
carry out the functions of this chapter, other than sections 1602, 1604,
1607, 1607c(b), 1612(b), and 1614 of this Appendix, not to exceed
$90,000,000 for the fiscal year ending September 30, 1979; $95,000,000
for the fiscal year ending September 30, 1980; $100,000,000 for the
fiscal year ending September 30, 1981; and $100,000,000 for the fiscal
year ending September 30, 1982. Sums appropriated pursuant to this
subsection for financing projects funded under section 1605 of this
Appendix shall remain available until expended.''
Subsec. (g). Pub. L. 102-240, 3006(h)(1), struck out subsec. (g)
which read as follows: ''There are authorized to be appropriated not to
exceed $365,000,000 for the fiscal year ending September 30, 1983,
$380,000,000 for the fiscal year ending September 30, 1984, $390,000,000
for the fiscal year ending September 30, 1985, and $400,000,000 for the
fiscal year ending September 30, 1986, to carry out public
transportation projects substituted for Interstate segments withdrawn
under section 103(e)(4) of title 23, except that there are authorized to
be appropriated not to exceed $600,000,000 for such projects for the
fiscal year ending September 30, 1982.''
Subsecs. (h), (i). Pub. L. 102-240, 3006(h)(1), redesignated
subsecs. (h) and (i) as (b) and (c), respectively.
1987 -- Subsec. (h). Pub. L. 100-17, 307, inserted heading and
amended par. (1) generally. Prior to amendment, par. (1) read as
follows: ''On or before the twentieth day of each calendar quarter the
Secretary shall submit to Congress a report on (1) obligations,
commitments, and reservations by State, designated recipient, and
applicant, made under authority of this chapter; (2) the balance as of
the last day of each quarter of the unobligated, uncommitted, and
unreserved apportionments made under this chapter; (3) the balance of
unobligated, uncommitted, and unreserved sums available for expenditure
at the discretion of the Secretary under this chapter as of the end of
such quarter; (4) a listing of letters of intent issued; and (5) a
status report on all outstanding letters of intent.''
Subsec. (i). Pub. L. 100-17, 320, struck out '', using sums available
pursuant to subsection (c)(3)(A) of this section,'' after ''States and
local public bodies''.
1983 -- Subsec. (a). Pub. L. 97-424, 302(b), substituted ''75 per
centum'' for ''80 per centum''.
Subsec. (c)(3)(A). Pub. L. 97-424, 302(c), inserted ''and'' after
''September 30, 1981;'' and struck out ''; and $1,580,000,000 for the
fiscal year ending September 30, 1983'' after ''September 30, 1982''.
Subsec. (d). Pub. L. 97-424, 306(a), substituted ''and September 30,
1981, $5,000,000 for the fiscal year ending September 30, 1984, and
$10,000,000 per fiscal year for each of the fiscal years ending
September 30, 1985, and September 30, 1986'' for ''September 30, 1981,
and September 30, 1982''.
Subsec. (f). Pub. L. 97-424, 302(d), substituted ''and 1614'' for
''1614, 1617, and 1618''.
Subsec. (g). Pub. L. 97-424, 302(e), substituted provisions
authorizing appropriations for fiscal years ending September 30, 1983,
through September 30, 1986, for provisions authorizing appropriation of
such sums as may be necessary.
1981 -- Subsec. (c)(3)(A). Pub. L. 97-35, 1111(a)(1), substituted
''$1,515,000,000'' for ''$1,600,000,000'' with respect to fiscal year
ending Sept. 30, 1982.
Subsec. (e). Pub. L. 97-35, 1111(a)(2), substituted ''$75,000,000''
for ''$120,000,000''.
Subsec. (f). Pub. L. 97-35, 1111(a)(3), substituted ''$100,000,000''
for ''$105,000,000'' with respect to fiscal year ending Sept. 30, 1982.
Subsec. (g). Pub. L. 97-35, 1111(a)(4), inserted provisions
authorizing appropriation of not to exceed $600,000,000 for fiscal year
ending Sept. 30, 1982.
1978 -- Subsec. (a). Pub. L. 95-599, 303(b), struck out provisions
prohibiting financial assistance pursuant to section 1602(a) unless the
Secretary determines that facilities and equipment are needed for a
program for a unified or officially coordinated urban transportation
system as part of the comprehensively planned development of the urban
area, that such program encourages participation of private enterprise,
and that currently used facilities and equipment be improved to better
serve the transportation needs of the area.
Subsec. (c). Pub. L. 95-599, 303(c), designated existing provisions
as par. (1), inserted ''as it read prior to November 6, 1978'' after
''section 1608(d) of this Appendix'' and struck out ''Of the total
amount available to finance activities under this chapter (other than
under section 1604 of this Appendix) on and after November 26, 1974, not
to exceed $500,000,000 shall be available exclusively for assistance in
areas other than urbanized areas (as defined in section 1604(a)(3) of
this Appendix).'' after ''available until expended'', and added pars.
(2) and (3).
Subsec. (d). Pub. L. 95-599, 303(a), substituted provisions
authorizing the appropriation of $10,000,000 for each of fiscal years
ending Sept. 30, 1979, 1980, 1981 and 1982 to carry out the functions
of section 1607c(b) of this Appendix, such sums to remain available
until expended, for provisions relating to annual reports to Congress
with respect to outstanding grants or other contractual agreements
executed pursuant to subsection (c) of this section.
Subsecs. (e) to (i). Pub. L. 95-599, 303(e), added subsecs. (e) to
(i).
1975 -- Subsec. (d). Pub. L. 93-608 struck out provisions relating
to biennial authorization requests by the Secretary to the Congress and
provisions relating to recommendations by the Secretary of adjustments
in the schedule for liquidation of obligations.
1974 -- Subsec. (a). Pub. L. 93-503, 103(b), substituted ''No'' for
''Except as specified in section 1604 of this Appendix, no''.
Subsec. (c). Pub. L. 93-503, 101, substituted ''$10,925,000,000'' for
''$6,100,000,000'' in first sentence and inserted provision relating to
availability of funds exclusively for assistance in areas other than
urbanized areas, as defined in section 1604(a)(3) of this Appendix.
1973 -- Subsec. (a). Pub. L. 93-87, 301(a), substituted ''The
Federal grant for any such project to be assisted under section 1602 of
this Appendix shall be in an amount equal to 80 per centum of the net
project cost.'' for ''The Federal grant for such a project should not
exceed two-thirds of the net project cost.''.
Subsec. (c). Pub. L. 93-87, 301(c), substituted ''$6,100,000,000''
for ''$3,100,000,000'' in first and third sentences.
1970 -- Subsec. (a). Pub. L. 91-453, 3(a), substituted reference to
section 1602(a) for reference to section 1602 in the first sentence and
provided that all or any part of the local share of ''net project cost''
may come from other than public sources and that any public or private
transit system funds received must be solely from undistributed cash
surpluses, replacement or depreciation funds or reserves available in
cash, or new capital, and eliminated requirement that a determination be
made of the ''fiscal inability'' of the applicant when more than 50
percent of the local share was provided from the specified sources.
Subsec. (b). Pub. L. 91-453, 13(a), extended authority of Secretary
to make advance or progress payments on account of contracts.
Subsecs. (c), (d). Pub. L. 91-453, 3(b), added subsecs. (c) and
(d).
1969 -- Subsec. (b). Pub. L. 91-152 authorized appropriations of
$300,000,000 for fiscal year 1971.
1968 -- Subsec. (a). Pub. L. 90-448, 704(a), authorized not more
than 50 per centum of the remainder of the net project cost to be
provided from other than public sources, and any public or private
transit system funds to be provided solely from undistributed cash
surpluses, replacement or depreciation funds or reserves available in
cash, or new capital, except that in the cases of demonstrated fiscal
inability of an applicant actively engaged in preparing and effectuating
a program for a unified or officially coordinated urban transportation
system as part of the comprehensively planned development of the urban
area, the remainder may be provided from other than public sources.
Subsec. (b). Pub. L. 90-448, 701(a), authorized appropriations of
$190,000,000 for fiscal year 1970.
1967 -- Subsecs. (a), (b). Pub. L. 90-19 substituted ''Secretary''
for ''Administrator'' wherever appearing.
1966 -- Subsec. (b). Pub. L. 89-562 authorized appropriations of
$150,000,000 for each of fiscal years 1968 and 1969.
Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 340, provided in
part that: ''Notwithstanding any other provision of law, the effective
date of section 302(b) of Public Law 97-424 (amending this section) is
October 1, 1983.''
Section 301(b) of Pub. L. 93-87 provided that: ''The amendment made
by subsection (a) (amending this section) shall apply only with respect
to projects which were not subject to administrative reservation on or
before July 1, 1973.''
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Department under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under this section and sections 1602 and 1604 of this Appendix
required to enable Secretary of Housing and Urban Development to advise
and assist Secretary of Transportation to make findings and
determinations under subsec. (a) of this section and sections 1602(c)(
1) and 1604 of this Appendix and to establish jointly with Secretary of
Transportation criteria referred to in first sentence of subsec. (a) of
this section, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33
F.R. 6965, 82 Stat. 1369, set out under section 1608 of this Appendix.
Section 301(e) of Pub. L. 93-87 provided that: ''The provision of
assistance under the amendments made by this section (amending subsecs.
(a) and (c) of this section and sections 1607a, 1608(f), and 1612(b) of
this Appendix) shall not be construed as bringing within the application
of chapter 15 of title 5, United States Code, any nonsupervisory
employee of an urban mass transportation system (or of any other agency
or entity performing related functions) to whom such chapter is
otherwise inapplicable.''
49 USC 1604. Urban mass transit grant program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Grants for construction or operating assistance; apportionment
of funds; authorization of appropriations
(1)(A) To make grants for construction or operating assistance
purposes under this subsection, the Secretary shall apportion for
expenditure in fiscal years 1975 through 1980 the sums authorized by
subsection (c)(1) of this section and appropriated pursuant to
subsection (c)(2) of this section. For subsequent fiscal years, the
Secretary shall apportion the sums appropriated pursuant to subparagraph
(B) of this paragraph. Such sums shall be made available for
expenditure in urbanized areas or parts thereof on the basis of a
formula under which urbanized areas or parts thereof will be entitled to
receive an amount equal to the sum of --
(i) one-half of the total amount so apportioned multiplied by the
ratio which the population of such urbanized area or part thereof, as
designated by the Bureau of Census, bears to the total population of all
the urbanized areas in all the States as shown by the latest available
Federal census; and
(ii) one-half of the total amount so apportioned multiplied by a
ratio for that urbanized area determined on the basis of population
weighted by a factor of density, as determined by the Secretary.
As used in this section, the term ''density'' means the number of
inhabitants per square mile.
(B) There are authorized to be appropriated for the purposes of this
paragraph, $900,000,000 for the fiscal year ending September 30, 1981,
and $850,000,000 for the fiscal year ending September 30, 1982.
(2)(A) To make grants for construction or operating assistance
purposes under this subsection, the Secretary shall apportion for
expenditure in each fiscal year the sums appropriated pursuant to
subparagraph (B) of this paragraph.
(i) Eighty-five per centum of such sums shall be made available for
expenditure in only those urbanized areas or parts thereof with a
population of 750,000 or more, and on the basis of a formula under which
such urbanized areas or parts thereof will be entitled to receive an
amount equal to the sum of --
(1) one-half of the total amount so apportioned multiplied by the
ratio which the population of such an urbanized area or part thereof, as
designated by the Bureau of the Census, bears to the total population of
all such urbanized areas in all the States as shown by the latest
available Federal census; and
(2) one-half of the total amount so apportioned multiplied by a ratio
for that urbanized area determined on the basis of population weighted
by a factor of density, as determined by the Secretary.
As used in the preceding sentence, the term ''density'' means the
number of inhabitants per square mile.
(ii) Fifteen per centum of such sums shall be made available for
expenditure in only those urbanized areas or parts thereof with a
population of less than 750,000 and on the basis of a formula under
which such urbanized areas or parts thereof will be entitled to receive
an amount equal to the sum of --
(1) one-half of the total amount so apportioned multiplied by the
ratio which the population of such an urbanized area or part thereof, as
designated by the Bureau of the Census, bears to the total population of
all such urbanized areas in all the States as shown by the latest
available Federal census; and
(2) one-half of the total amount so apportioned multiplied by a ratio
for that urbanized area determined on the basis of population weighted
by a factor of density, as determined by the Secretary.
As used in the preceding sentence, the term ''density'' means the
number of inhabitants per square mile.
(B) There are authorized to be appropriated for the purposes of this
paragraph $250,000,000 for the fiscal year ending September 30, 1979;
$250,000,000 for the fiscal year ending September 30, 1980;
$250,000,000 for the fiscal year ending September 30, 1981; and
$165,000,000 for the fiscal year ending September 30, 1982.
(3)(A) To make grants for construction and operating assistance
projects under this subsection involving commuter rail or other fixed
guideway systems, the Secretary shall apportion for expenditure in each
fiscal year the sums appropriated pursuant to subparagraph (B) of this
paragraph. Such sums shall be made available for expenditure in
urbanized areas or parts thereof on the basis of a formula under which
urbanized areas or parts thereof will be entitled to receive an amount
equal to the sum of --
(i) two-thirds of the total amount to be apportioned as follows:
one-half multiplied by a ratio which the number of commuter rail train
miles operated within or serving the urbanized area in the prior fiscal
year bears to the total number of commuter rail train miles operated in
or serving all urbanized areas in the prior fiscal year, and one-half
multiplied by a ratio which the number of commuter rail route miles
operated within or serving the urbanized area in the prior fiscal year
bears to the total number of commuter rail route miles operated in or
serving all urbanized areas in the prior fiscal year. No single eligible
State's portion of an urbanized area shall receive in any fiscal year
less than one-half per centum or more than thirty per centum of the sums
appropriated for such fiscal years pursuant to this clause;
(ii) one-third of the total amount to be apportioned multiplied by
the ratio that the number of fixed guideway system route miles
(excluding commuter rail route miles) in the urbanized area in the prior
fiscal year bears to the total number of such fixed guideway system
route miles (excluding commuter rail route miles) in all urbanized areas
in the prior fiscal year. For the purposes of the calculation to be
made under this subparagraph, no single State's portion of an urbanized
area shall receive more than 30 per centum of the sums appropriated for
such fiscal year pursuant to this clause.
Sums apportioned under this paragraph shall be available for
expenditure only for construction or operating assistance projects
involving commuter rail or other fixed guideway systems, except that
such sums may also be available for expenditure for bus and bus related
facilities if there are no commuter rail or fixed guideway systems in
operation and attributable to the urbanized area in the fiscal year of
apportionment.
(B) There are authorized to be appropriated for the purposes of this
paragraph, $115,000,000 for the fiscal year ending September 30, 1979;
$130,000,000 for the fiscal year ending September 30, 1980;
$145,000,000 for the fiscal year ending September 30, 1981; and
$90,000,000 for the fiscal year ending September 30, 1982.
(4)(A) To make grants under this subsection for the purchase of buses
and related equipment, or the construction of bus related facilities,
the Secretary shall apportion in each fiscal year the sums appropriated
pursuant to subparagraph (B) of this paragraph. In fiscal years 1979
and 1980, the apportionments shall be made in accordance with the
population density formula set out in subsection (a)(1)(A) of this
section. Sums apportioned under this paragraph shall be available only
for projects for the purchase of buses and related equipment, and the
construction of bus related facilities, except that projects assisted
pursuant to section 1602(h) /1/ of this Appendix may utilize funds
apportioned under this section for any eligible construction project.
(B) There are authorized to be appropriated for the purposes of this
paragraph $300,000,000 for the fiscal year ending September 30, 1979;
$300,000,000 for the fiscal year ending September 30, 1980;
$370,000,000 for the fiscal year ending September 30, 1981; and
$375,000,000 for the fiscal year ending September 30, 1982.
(b) Designation of recipients to receive and dispense funds; annual
report to Secretary
(1) The Governor, responsible local officials, and publicly owned
operators of mass transportation services, in accordance with the
planning process required under section 1607 of this Appendix, with the
concurrence of the Secretary, shall designate a recipient or recipients
to receive and dispense the funds apportioned under subsection (a) of
this section that are attributable to urbanized areas of two hundred
thousand or more population. In any case in which a statewide or
regional agency or instrumentality is responsible under State laws for
the financing, construction and operation, directly, by lease, contract
or otherwise, of public transportation services, such agency or
instrumentality shall be the recipient to receive and dispense such
funds. The term ''designated recipient'' as used in this section shall
refer to the recipient selected according to the procedures required by
this paragraph.
(2) Sums apportioned under subsection (a) of this section not made
available for expenditure by designated recipients in accordance with
the terms of paragraph (1) of this subsection shall be made available to
the Governor for expenditures in urbanized areas or parts thereof in
accordance with the planning process required under section 1607 of this
Appendix and shall be fairly and equitably distributed. Any funds
apportioned for fiscal year 1982 or 1983 under subsection (a) of this
section for expenditure in an urbanized area with a population of less
than 200,000 may be expended in an urbanized area with a population of
200,000 or more. The Governor shall submit annually a report to the
Secretary concerning the allocation of funds made available under this
paragraph.
(c) Grants, contracts, etc., obligations for financing grants;
maximum amount; authorization of appropriations for liquidation of
obligations; additional appropriations available for apportionment;
availability of apportioned sums for obligation; lapse of
apportionments
(1) To finance grants under this section, the Secretary may incur
obligations on behalf of the United States in the form of grants,
contracts, agreements, or otherwise in an aggregate amount not to exceed
$3,975,000,000. There are authorized to be appropriated for liquidation
of the obligations incurred under this paragraph not to exceed
$300,000,000 prior to the close of fiscal year 1975; not to exceed
$500,000,000 prior to the close of fiscal year 1976; not to exceed
$650,000,000 prior to the close of fiscal year 1977; not to exceed
$775,000,000 prior to the close of fiscal year 1978; not to exceed
$850,000,000 prior to the close of fiscal year 1979; and not to exceed
$900,000,000 prior to the close of fiscal year 1980. Sums so
appropriated shall remain available until expended.
(2) In addition to sums authorized in paragraph (1) of this
subsection, there is authorized to be appropriated for the fiscal year
ending September 30, 1980, the additional amount of $125,000,000. This
amount shall be available for apportionment pursuant to subsection (a)(
1) of this section.
(3) Appropriations pursuant to this section shall be available until
expended.
(4) Sums apportioned under this section shall be available for
obligation by the Governor or designated recipient for a period of three
years following the close of the fiscal year for which such sums are
apportioned except that any fiscal year 1982 funds made available to a
Governor under subsection (b)(2) of this section that are unobligated as
of October 1, 1985, or become unobligated thereafter, shall remain
available for expenditure under this section until October 1, 1986. Any
amounts so apportioned remaining unobligated at the end of such period
shall be added to the amount available for apportionment under this
section for the succeeding fiscal year, except that any funds authorized
by subsec. (a)(3) and (4) of this section which are so reapportioned
shall remain subject to the limitations applicable to the original
apportionment of such funds.
(5) Apportionments under this section for fiscal year 1975 shall be
deemed to have lapsed on September 30, 1977, and apportionments under
this section for fiscal year 1976 shall be deemed to have lapsed on
September 30, 1978.
(d) Approval of projects for acquisition, construction, and
improvement of facilities and equipment, and payment of operating
expenses; terms and conditions; regulations
(1) The Secretary may approve as a project under this section, on
such terms and conditions as he may prescribe, (A) the acquisition,
construction, and improvement of facilities and equipment for use, by
operation or lease or otherwise, in mass transportation service, and (B)
the payment of operating expenses to improve or to continue such service
by operation, lease, contract, or otherwise.
(2) The Secretary shall issue such regulations as he deems necessary
to administer this subsection and subsection (e) of this section
including regulations regarding maintenance of effort by States, local
governments, and local public bodies, the appropriate definition of
operating expenses, and requirements for improving the efficiency of
transit services.
(e) Limitation on amount of grants for construction and operating
expense projects; source of remainder of funds for projects
The Federal grant for any construction project under this section
shall not exceed 80 per centum of the cost of the construction project,
as determined under section 1603(a) of this Appendix. The Federal grant
for any project for the payment of subsidies for operating expenses
shall not exceed 50 per centum of the cost of such operating expense
project. The remainder shall be provided in cash, from sources other
than Federal funds or revenues from the operation of public mass
transportation systems. Any public or private transit system funds so
provided shall be solely from undistributed cash surpluses, replacement
or depreciation funds or reserves available in cash, or new capital.
(f) Federal funds available for expenditure for mass transportation
projects supplementary to average amount of State and local government
funds, etc., expended for operations; reduction of State and local
government funds
Federal funds available for expenditure for mass transportation
projects under this section and apportioned for fiscal years ending
prior to October 1, 1981, shall be supplementary to and not in
substitution for the average amount of State and local government funds
and other transit revenues such as advertising concessions, and property
leases, excluding reimbursement payments for the transportation of
schoolchildren, expended on the operation of mass transportation service
in the area involved for the two fiscal years preceding the fiscal year
for which the funds are made available: Provided, however, That if such
State and local government funds or other transit revenues are reduced,
there shall be no loss of Federal assistance under this section if such
reduction is offset by an increase in operating revenues through changes
in fare structure. Nothing in the preceding sentence shall be construed
as preventing State or local tax revenues which are used for the
operation of mass transportation service in the area involved from being
credited (to the extent necessary) toward the non-Federal share of the
cost of the project. Where the Secretary finds that a recipient has
reduced operating costs without reducing service levels the recipient
shall be entitled to make a proportionate reduction in the amount of
transit revenues required to be expended under this subsection.
(g) Project as part of approved program of projects prior to
approval; eligibility of recipient
The Secretary shall not approve a grant or loan for a project under
this section unless he finds that such project is part of the approved
program of projects required by section 1607 of this Appendix, and that
the applicant or responsible agency has or will have --
(1) the legal, financial, and technical capacity to carry out the
proposed project; and
(2) satisfactory continuing control, through operation or lease or
otherwise, over the use of project facilities and equipment.
(h) Submission by Governor or designated recipient and approval by
Secretary of surveys, plans, etc., of proposed projects; grant or
contract agreement as contractual obligation of Federal Government;
criteria for approval of projects
(1) The Governor or the designated recipient of the urbanized area
shall submit to the Secretary for his approval such surveys, plans,
specifications, and estimates for each proposed project as the Secretary
may require. The Secretary shall act upon such surveys, plans,
specifications, and his entering into a grant or contract agreement with
respect to any such project shall be a contractual obligation of the
Federal Government for the payment of its proportional contribution
thereto.
(2) In approving any project under this section, the Secretary shall
assure that possible adverse economic, social, and environmental effects
relating to the proposed project have been fully considered in
developing the project, and that the final decisions on the project are
made in the best overall public interest, taking into consideration the
need for fast, safe, and efficient transportation, public services, and
conservation of environment and natural resources, and the costs of
eliminating or minimizing any such adverse effects, including --
(A) air, noise, and water pollution;
(B) destruction or disruption of manmade and natural resources,
esthetic values, community, cohesion, and the availability of public
facilities and services;
(C) adverse employment effects, and tax and property value losses;
(D) injurious displacement of people, businesses, and farms; and
(E) disruption of desirable community and regional growth.
(i) Certification by Governor or designated recipient to Secretary of
compliance with procedures for determination of environmental, etc.,
impact of proposed projects; report
Upon submission for approval of a proposed project under this
section, the Governor or the designated recipient of the urbanized area
shall certify to the Secretary that he or it has conducted public
hearings (or has afforded the opportunity for such hearings) and that
these hearings included (or were scheduled to include) consideration of
the economic and social effects of such project, its impact on the
environment, including requirements under the Clean Air Act (42 U.S.C.
7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), and other applicable Federal environmental statutes, and its
consistency with the goals and objectives of such urban planning as has
been promulgated by the community. Such certification shall be
accompanied by (1) a report which indicates the consideration given to
the economic, social, environmental, and other effects of the proposed
project, including, for construction projects, the effects of its
location or design, and the consideration given to the various
alternatives which were raised during the hearing or which were
otherwise considered, (2) upon the Secretary's request, a copy of the
transcript of the hearings, and (3) assurances satisfactory to the
Secretary that any public mass transportation system receiving financial
assistance under such project will not change any fare and will not
substantially change any service except (A) after having held public
hearings or having afforded an adequate opportunity for such hearings,
after adequate public notice, (B) after having given proper
consideration to views and comments expressed in such hearings, and (C)
after having given consideration to the effect on energy conservation,
and the economic, environmental, and social impact of the change in such
fare or such service.
(j) Acceptance of certification as discharge of Secretary's
responsibilities; final inspection or review and report of projects;
guidelines and regulations; rescission of acceptance of certification;
Secretary's responsibilities under other Federal laws not affected
(1) The Secretary may discharge any of his responsibilities under
this section with respect to a project under this section upon the
request of any Governor or designated recipient of the urbanized area by
accepting a certification by the Governor or his designee, or by the
designated recipient of the urbanized area, if he finds that such
project will be carried out in accordance with State laws, regulations,
directives, and standards establishing requirements at least equivalent
to those contained in, or issued pursuant to, this section.
(2) The Secretary shall make a final inspection or review of each
such project upon its completion and shall require an adequate report of
its estimated and actual cost, as well as such other information as he
determines to be necessary.
(3) The Secretary shall promulgate such guidelines and regulations as
may be necessary to carry out this subsection.
(4) Acceptance by the Secretary of a certification under this section
may be rescinded by the Secretary at any time if, in his opinion, it is
necessary to do so.
(5) Nothing in this section shall affect or discharge any
responsibility or obligation of the Secretary under any other Federal
law, including the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), section 303 of title 49, title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.), title VIII of the Act of April 11,
1968 (Public Law 90-284, 42 U.S.C. 3601 et seq.), and the Uniform
Relocation Assistance and Land Acquisition Policies Act of 1970 (42 U.
S.C. 4601 et seq.).
(k) Formal project agreements between Secretary and Governor or
designated recipient; arrangements for local funding or cooperation in
construction of project; advance grant or contract payments
(1) As soon as practicable after the plans, specifications, and
estimates for a specific project under this section have been approved,
the Secretary shall enter into a formal project agreement with the
Governor, his designee or the designated recipient of the urbanized
area. Such project agreement shall make provision for non-Federal funds
required for the State's or designated recipient's pro rata share of the
cost of the project.
(2) The Secretary may rely upon representations made by the applicant
with respect to the arrangements or agreements made by the Governor or
the designated recipient where a part of the project involved is to be
constructed at the expense of, or in cooperation with, local
subdivisions of the State.
(3) The Secretary is authorized, notwithstanding the provisions of
section 3324(a) and (b) of title 31, to make advance or progress
payments on account of any grant or contract made pursuant to this
section, on such terms and conditions as he may prescribe.
(l) Criteria for approval and undertaking of projects
The Secretary shall not approve any project under this section unless
he finds that such project is needed to carry out a program, meeting
criteria established by him, for a unified or officially coordinated
urban transportation system as a part of the comprehensively planned
development of the urban area, and is necessary for the sound, economic,
and desirable development of such area, and that the applicant or
responsible agency has the legal, financial, and technical capacity to
carry out the proposed project. A project under this section may not be
undertaken unless the responsible public officials of the urbanized area
in which the project is located have been consulted and except for
projects solely to pay subsidies for operating expenses, their views
considered with respect to the corridor, location, and design of the
project.
(m) Maximum amount of fares for elderly and handicapped persons
utilizing project facilities and equipment receiving assistance
The Secretary shall not approve any project under this section unless
the applicant agrees and gives satisfactory assurances, in such manner
and form as may be required by the Secretary and in accordance with such
terms and conditions as the Secretary may prescribe, that the rates
charged elderly and handicapped persons during nonpeak hours for
transportation utilizing or involving the facilities and equipment of
the project financed with assistance under this section will not exceed
one-half of the rates generally applicable to other persons at peak
hours, whether the operation of such facilities and equipment is by the
applicant or is by another entity under lease or otherwise.
(n) Applicability of other provisions
(1) The provisions of section 1609(c) of this Appendix and section
1602(e)(4) of this Appendix shall apply in carrying out mass
transportation projects under this section.
(2) The provision of assistance under this section and section 1607a
of this Appendix shall not be construed as bringing within the
application of chapter 15 of title 5, any nonsupervisory employee of an
urban mass transportation system (or of any other agency or entity
performing related functions) to whom such chapter is otherwise
inapplicable.
(o) Availability of sums apportioned before October 1, 1982
Notwithstanding any other provision of this section, any sums
apportioned under this section before October 1, 1982, and available for
expenditure in any urbanized area or part thereof on such date shall
remain available for expenditure in such area or part in accordance with
the provisions of this section until September 30, 1985. Any sums so
apportioned remaining unobligated on October 1, 1985, shall be added to
amounts available for apportionment under section 1607a of this Appendix
for the fiscal year ending September 30, 1986.
(Pub. L. 88-365, 5, July 9, 1964, 78 Stat. 304; Pub. L. 90-34, June
28, 1967, 81 Stat. 81; Pub. L. 90-169, Dec. 1, 1967, 81 Stat. 526;
Pub. L. 90-448, title VII, 703, 704(b), Aug. 1, 1968, 82 Stat. 535;
Pub. L. 91-152, title III, 306(b), Dec. 24, 1969, 83 Stat. 392; Pub.
L. 91-453, 4, Oct. 15, 1970, 84 Stat. 966; Pub. L. 93-503, title I,
103( a), Nov. 26, 1974, 88 Stat. 1567; Pub. L. 95-599, title III, 304,
Nov. 6, 1978, 92 Stat. 2739; Pub. L. 96-106, 17, Nov. 9, 1979, 93 Stat.
799; Pub. L. 97-35, title XI, 1111(a)(5)-(8), Aug. 13, 1981, 95 Stat.
627, 628; Pub. L. 97-424, title III, 307, Jan. 6, 1983, 96 Stat. 2151;
Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1400; Pub. L.
99-190, 101(e) (title III, 317), Dec. 19, 1985, 99 Stat. 1267, 1286;
Pub. L. 100-17, title III, 327(a)(1)-(3), Apr. 2, 1987, 101 Stat. 238.)
Section 1602(h) of this Appendix, referred to in subsec. (a)(4)(A),
was struck out and a new subsec. (h) was added by Pub. L. 102-240,
title III, 3008, Dec. 18, 1991, 105 Stat. 2091, which does not contain
provisions relating to expenditure of funds for buses, bus equipment, or
bus related facilities.
The Clean Air Act, referred to in subsec. (i), is act July 14, 1955,
ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77
Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685.
The Clean Air Act was originally classified to chapter 15B ( 1857 et
seq.) of Title 42, The Public Health and Welfare. On enactment of Pub.
L. 95-95, the Act was reclassified to chapter 85 ( 7401 et seq.) of
Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (i),
is act June 30, 1948, ch. 758, as amended generally by Pub. L.
92-500, 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally
to chapter 26 ( 1251 et seq.) of Title 33, Navigation and Navigable
Waters. For complete classification of this Act to the Code, see Short
Title note set out under section 1251 of Title 33 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec.
(j)(5), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
The Civil Rights Act of 1964, referred to in subsec. (j)(5), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
Civil Rights Act of 1964 is classified generally to subchapter V ( 2000d
et seq.) of chapter 21 of Title 42. For complete classification of this
Act to the Code, see section 2000a of Title 42 and Tables.
Title VIII of the Act of April 11, 1968 (Public Law 90-284), referred
to in subsec. (j)(5), known as the Fair Housing Act, is classified
principally to subchapter I ( 3601 et seq.) of chapter 45 of Title 42.
For complete classification of this Act to the Code, see Short Title
note set out under section 3601 of Title 42 and Tables.
The Uniform Relocation Assistance and Land Acquisition Policies Act
of 1970, referred to in subsec. (j)(5), probably means the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which
is classified principally to chapter 61 ( 4601 et seq.) of Title 42.
For complete classification of this Act to the Code, see Short Title
note set out under section 4601 of Title 42 and Tables.
In subsec. (j)(5), ''section 303 of title 49'' substituted for
''section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(
f))'' on authority of Pub. L. 97-449, 6(b), Jan. 12, 1983, 96 Stat.
2443, the first section of which enacted subtitle I ( 101 et seq.) and
chapter 31 ( 3101 et seq.) of subtitle II of Title 49, Transportation.
In subsec. (k)(3), ''section 3324(a) and (b) of title 31''
substituted for ''section 3648 of the Revised Statutes, as amended (31
U.S.C. 529)'' on authority of Pub. L. 97-258, 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31, Money and
Finance.
1987 -- Subsec. (h)(1). Pub. L. 100-17, 327(a)(1), substituted
''approval'' for ''approach'' in first sentence.
Subsec. (j)(1). Pub. L. 100-17, 327(a)(2), substituted ''section''
for ''action'' before ''with respect to''.
Subsec. (n)(2). Pub. L. 100-17, 327(a)(3), inserted ''and section
1607a of this Appendix'' after ''under this section''.
1985 -- Subsec. (b)(2). Pub. L. 99-190, 101(e) (title III, 317( a)),
inserted provision directing that any funds apportioned for fiscal year
1982 or 1983 under subsection (a) of this section for expenditure in an
urbanized area with a population of less than 200,000 may be expended in
an urbanized area with a population of 200,000 or more.
Subsec. (c)(4). Pub. L. 99-190, 101(3) (title III, 317(b)), inserted
provision directing that fiscal year 1982 funds made available to a
Governor under subsection (b)(2) of this section that are unobligated as
of Oct. 1, 1985, or become unobligated thereafter, shall remain
available for expenditure under this section until Oct. 1, 1986.
1984 -- Subsec. (a)(3)(A). Pub. L. 98-396 inserted provision that
such sums may also be available for expenditure for bus and bus related
facilities if there are no commuter rail or fixed guideway systems in
operation and attributable to the urbanized area in the fiscal year of
apportionment.
1983 -- Subsec. (c)(5). Pub. L. 97-424, 307(1), added par. (5).
Subsec. (o). Pub. L. 97-424, 307(2), added subsec. (o).
1981 -- Subsec. (a). Pub. L. 97-35 in par. (1)(B) substituted
authorization of appropriation of $850,000,000 for the fiscal year
ending Sept. 30, 1982, for authorization of appropriation of
$900,000,000 for the fiscal year ending Sept. 30, 1982, in par. (2)(B)
substituted ''$165,000,000'' for ''$250,000,000'', in par. (3)(B)
substituted ''$90,000,000'' for ''$160,000,000'', and in par. (4)(B)
substituted ''$375,000,000'' for ''$455,000,000''.
1979 -- Subsec. (a)(2)(A). Pub. L. 96-106, 17(a), substituted
''subparagraph (B)'' for ''subparagraph (C)''.
Subsec. (a)(2)(B), (C). Pub. L. 96-106, 17(b), redesignated subpar.
(C) of subsec. (a)(2) as (B). Subsec. (a)(2) was enacted without a
subpar. (B).
Subsec. (a)(3)(A). Pub. L. 96-106, 17(c), substituted
''construction'' for ''capital'' in provision after cl. (ii).
Subsec. (a)(4)(A). Pub. L. 96-106, 17(d), substituted ''and the
construction of bus-related facilities'' for ''in the construction of
bus related facilities''.
1978 -- Subsecs. (a), (b). Pub. L. 95-599, 304(a), amended subsecs.
(a) and (b) generally, omitting subsec. (a) which contained
definitions, redesignating subsec. (b)(1), (2), and (3) as (a)(1),
(b)(1), and (b)(3), respectively, and adding subsec. (a)(2) to (4).
Subsec. (c)(2). Pub. L. 95-599, 304(b), substituted ''In addition to
sums authorized in paragraph (1) of this subsection, there is authorized
to be appropriated for the fiscal year ending September 30, 1980, the
additional amount of $125,000,000. This amount shall be available for
apportionment pursuant to subsection (a)(1) of this section'' for ''Sums
apportioned under this section shall be available for obligation by the
Governor or designated recipient for a period of two years following the
close of the fiscal year for which such sums are apportioned, and any
amounts so apportioned remaining unobligated at the end of such period
shall lapse and shall be returned to the Treasury for deposit as
miscellaneous receipts''.
Subsec. (c)(3), (4). Pub. L. 95-599, 304(c), added pars. (3) and
(4).
Subsec. (f). Pub. L. 95-599, 304(d), inserted ''and apportioned for
fiscal years ending prior to October 1, 1981'' after ''projects under
this section'', inserted ''excluding reimbursement payments for the
transportation of schoolchildren'' after ''and property leases'',
inserted proviso that there be no loss of federal assistance if
reduction in State or local government funds or other transit revenues
is offset by an increase in operating revenues through changes in fare
structure'', substituted ''Nothing in the preceding sentence'' for ''but
nothing in this sentence'' struck out ''for the purposes of the
preceding sentence'' after ''cost of the project'' and inserted
provision entitling recipient to make proportionate reduction in the
amount of transit revenues where recipient has reduced operating costs
without reducing service levels.
Subsec. (g). Pub. L. 95-599, 304(e), substituted provisions relating
to approval of grants or loans for projects which are part of approved
program of projects required by section 1607, and relating to
applicant's legal, etc., capacity and continuing control over the use of
the project, for provisions relating to development of plans and
programs of transportation systems for urbanized areas, scope and
implementation of projects, cutoff date for approval of projects,
submission by Governor or designated recipient and approval by Secretary
of program of projects for utilization of funds; consideration and
comments on programs.
Subsec. (i)(3). Pub. L. 95-599, 304(f), added cl. (3).
1974 -- Pub. L. 93-503 restructured provisions by replacing single
unlettered paragraph with subsecs. (a) through (n) and substituted
provisions relating to grant program for urban mass transit for
provisions relating to emergency Federal financial assistance program,
terms and conditions of such program, and grants for net project costs.
1970 -- Pub. L. 91-453 substituted ''July 1, 1972'' for ''July 1,
1971'' and substituted provision that the remainder of the net project
cost may be provided in whole or in part from other than public sources
and that any public or private transit system funds so provided be
solely from undistributed cash surpluses, replacement or depreciation
funds or reserves available in cash, or new capital, for provision
permitting not more than 50 per centum of the remainder of the net
project cost to be provided from other than public sources, and
requiring public or private transit system funds to be provided solely
from undistributed cash surpluses, replacement or depreciation funds or
reserves available in cash, or new capital, except that in the cases of
demonstrated fiscal inability of an applicant actively engaged in
preparing and effectuating a program for a unified or officially
coordinated urban transportation system as part of the comprehensively
planned development of the urban area, the remainder be provided from
other than public sources.
1969 -- Pub. L. 91-152 substituted ''July 1, 1971'' for ''July 1,
1970''.
1968 -- Pub. L. 90-448 substituted ''July 1, 1970'' for ''November
1, 1968'', and inserted provisions permitting not more than 50 per
centum of the remainder of the net project cost to be provided from
other than public sources, and any public or private transit system
funds to be provided solely from undistributed cash surpluses,
replacement or depreciation funds or reserves available in cash, or new
capital, except that in the cases of demonstrated fiscal inability of an
applicant actively engaged in preparing and effectuating a program for a
unified or officially coordinated urban transportation system as part of
the comprehensively planned development of the urban area, the remainder
may be provided from other than public sources.
1967 -- Pub. L. 90-169 substituted ''November 1, 1968'' for
''November 1, 1967''.
Pub. L. 90-34 substituted ''November 1, 1967,'' for ''July 1, 1967''.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under this section and sections 1602 and 1603 of this Appendix
required to enable Secretary of Housing and Urban Development to advise
and assist Secretary of Transportation to make findings and
determinations under this section and sections 1603(a) and 1602(c)(1) of
this Appendix and to establish jointly with Secretary of Transportation
criteria referred to in first sentence of section 1603( a) of this
Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R.
6965, 82 Stat. 1369, set out under section 1608 of this Appendix.
Pub. L. 102-240, title III, 3047, Dec. 18, 1991, 105 Stat. 2140,
provided that:
''(a) Study. -- The Secretary shall conduct a study of procedures for
determining disability for the purpose of obtaining off peak reduced
fares under section 5(m) of the Federal Transit Act (49 App. U. S.C.
1604(m)). The study should review different requirements, degree of
uniformity, and degree of reciprocity between transit systems.
''(b) Report. -- Not later than 2 years after the date of the
enactment of this Act (Dec. 18, 1991), the Secretary shall report to
Congress on the results of the study conducted under this section.''
Funds available for reapportionment pursuant to subsec. (c)(4) to be
reapportioned under section 1607a of this Appendix within 60 days of
Dec. 19, 1985, see section 101(e) of Pub. L. 99-190, set out as a note
under section 1607a of this Appendix.
Section 309 of Pub. L. 95-599 required the Secretary of
Transportation to evaluate the procurement process utilized for the
purchase of rolling stock and other technical equipment purchased with
Federal financial assistance under this chapter and from whom purchased
and, not later than July 1, 1979, report to Congress the results of the
evaluation.
Section 319 of Pub. L. 95-599 provided that the Secretary of
Transportation conduct a study of the alternative methods of
distributing, by formula, funds apportioned for capital purposes under
subsec. (a)(4) of this section and report to the Congress not later
than Jan. 1, 1980, the results of such study and that the Secretary
prepare and submit to certain congressional committees on or before Jan.
1, 1980, recommendations as to ways and means by which Federal mass
transit funds can be allocated on a basis which considers the nature and
extent of air pollution as a criterion for the distribution of such
funds.
/1/ See References in Text note below.
49 USC 1604a. Repealed. Pub. L. 97-424, title III, 318(a), Jan. 6,
1983, 96 Stat. 2154
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 93-503, title I, 107, Nov. 26, 1974, 88 Stat.
1572, related to investigation of safety hazards in urban mass
transportation systems and submission of a plan for correction of unsafe
facilities, equipment, or manner of operation.
49 USC 1604b. Fares for elderly and handicapped persons
TITLE 49, APPENDIX -- TRANSPORTATION
Nothing contained in this title shall require the charging of fares
to elderly and handicapped persons.
(Pub. L. 93-503, title I, 108, Nov. 26, 1974, 88 Stat. 1572.)
This title, referred to in text, is title I of Pub. L. 93-503, Nov.
26, 1974, 88 Stat. 1566, as amended, which enacted sections 1604a and
1604b of this Appendix, and amended sections 1602, 1603, 1604, and 1611
of this Appendix and section 3303 of Title 42, The Public Health and
Welfare. For complete classification of title I to the Code, see Short
Title of 1974 Amendment note set out under section 1601 of this Appendix
and Tables.
Section was enacted as part of the National Mass Transportation
Assistance Act of 1974, and not as part of the Federal Transit Act which
comprises this chapter.
49 USC 1605. Research, development, and demonstration projects
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Phases of urban mass transportation; acquisition of data
The Secretary is authorized to undertake research, development, and
demonstration projects in all phases of urban mass transportation
(including the development, testing, and demonstration of new
facilities, equipment, techniques, and methods) which he determines will
assist in the reduction of urban transportation needs, the improvement
of mass transportation service, or the contribution of such service
toward meeting total urban transportation needs at minimum cost. He may
undertake such projects independently or by grant or contract (including
working agreements with other Federal departments and agencies). In
carrying out the provisions of this section, the Secretary is authorized
to request and receive such information or data as he deems appropriate
from public or private sources.
(b) Omitted
(c) Availability and limitation of funds
The Secretary may make available to finance projects under this
section not to exceed $10,000,000 of the mass transportation grant
authorization provided in section 1603(b) /1/ of this Appendix, which
limit shall be increased to $20,000,000 on July 1, 1965, and to
$30,000,000 on July 1, 1966, to $40,000,000 on July 1, 1967, and to
$56,000,000 on July 1, 1968. On or after July 1, 1969, the Secretary
may make available to finance projects under this section such
additional sums out of the grant authorization provided in section
1603(b) /1/ of this Appendix as he deems appropriate.
(d) Authority of Secretary
Nothing contained in this section shall limit any authority of the
Secretary under section 1701d-3 /1/ of title 12 or any other provision
of law.
(Pub. L. 88-365, 6, July 9, 1964, 78 Stat. 305; Pub. L. 89-117,
title III, 304(b), Aug. 10, 1965, 79 Stat. 475; Pub. L. 89-562, 1( b),
3, Sept. 8, 1966, 80 Stat. 715, 717; Pub. L. 90-19, 20(a), May 25,
1967, 81 Stat. 25; Pub. L. 90-448, title VII, 701(b), Aug. 1, 1968, 82
Stat. 535; Pub. L. 91-453, 13(b), Oct. 15, 1970, 84 Stat. 969.)
Section 1603(b) of this Appendix, referred to in subsec. (c), was
struck out and section 1603(h) was redesignated section 1603(b) by Pub.
L. 102-240, title III, 3006(h)(1), Dec. 18, 1991, 105 Stat. 2090.
Section 1701d-3 of title 12, referred to in subsec. (d), was
repealed by Pub. L. 91-609, title V, 503(3), Dec. 31, 1970, 84 Stat.
1785. See sections 1701z-1 to 1701z-4 of Title 12, Banks and Banking.
Subsec. (b) of this section called for a study and for a program of
research, development, and demonstration of new systems of urban
transportation, with the report, findings, and recommendations resulting
from such activities to be submitted not later than 18 months after
Sept. 8, 1966.
1970 -- Subsec. (a). Pub. L. 91-453 extended authority of Secretary
to undertake projects by grant.
1968 -- Subsec. (c). Pub. L. 90-448 substituted ''$56,000,000'' for
''$50,000,000'', and inserted provisions authorizing Secretary, on or
after July 1, 1969, to make available to finance projects under this
section such additional sums out of the grant authorization as he deems
appropriate.
1967 -- Subsecs. (a), (c), (d). Pub. L. 90-19 substituted
''Secretary'' for ''Administrator'' wherever appearing.
1966 -- Subsec. (b). Pub. L. 89-562, 3, added subsec. (b). Former
subsec. (b) redesignated (c).
Subsecs. (c), (d). Pub. L. 89-562, 1(b), 3, redesignated former
subsec. (b) as (c) and inserted provisions for an increase to
$40,000,000 on July 1, 1967, and to $50,000,000 on July 1, 1968, in the
limit on the amount made available by the Administrator to finance
projects. Former subsec. (c) redesignated (d).
1965 -- Subsec. (b). Pub. L. 89-117 struck out provisions which
limited the unobligated balance of the amount available for mass
transportation demonstration grants to the proviso in section 1453(b) of
title 42 to financing projects under this section.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under subsec. (a) of this section and
sections 1607a, and 1607c of this Appendix as primarily concern
relationship of urban transportation systems to comprehensive planned
development of urban areas or role of transportation planning in overall
urban planning and functions under sections 1602, 1603 and 1604 of this
Appendix required to enable Secretary of Housing and Urban Development
to advise and assist Secretary of Transportation to make findings and
determinations under sections 1602(c)(1), 1603(a), and 1604 of this
Appendix and to establish jointly with Secretary of Transportation
criteria referred to in first sentence of section 1603( a) of this
Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R.
6965, 82 Stat. 1369, set out under section 1608 of this Appendix.
Pub. L. 95-599, title III, 320, Nov. 6, 1978, 92 Stat. 2753,
provided that the Secretary of Transportation carry out a demonstration
project using high-speed water-borne transportation equipment and
facilities and operating in, and in the vicinity of, New York, New York,
for the purpose of determining the feasibility of utilizing this
technology, report to Congress the results of this project not later
than September 30, 1981, together with his recommendations, and
authorized appropriations not to exceed $25,000,000 for the project.
Transportation
Pub. L. 94-280, title I, 148, May 5, 1976, 90 Stat. 446, as amended
by Pub. L. 102-240, title III, 3003(b), Dec. 18, 1991, 105 Stat.
2088, directed the Secretary of Transportation, acting pursuant to his
authority under section 6 of the Federal Transit Act (this section), to
conduct a demonstration project in urban mass transportation for design,
improvement, modification, and urban deployment of the Automated
Guideway Transit system in operation at the Dallas/Fort Worth Regional
Airport, and authorized an appropriation of $7,000,000 for the fiscal
year ending September 30, 1977.
Metropolitan Areas; Purposes of Study; Reports to
gress; Appropriations
Pub. L. 93-503, title II, 201-207, Nov. 26, 1974, 88 Stat. 1574,
1575, provided that the Secretary of Transportation establish
demonstration projects in cities or metropolitan areas to determine the
feasibility of fare-free urban mass transportation systems, and study
such fare-free systems and other financially assisted reduced-fare
systems to determine their effects on vehicle traffic and attendant air
pollution, congestion and noise, mobility of urban residents, economic
viability of central city business, the mode of mass transportation best
meeting desired objectives, the extent of increase in frivolous
ridership and reduction in need for urban highways, and the best means
of financing reduced or fare-free systems on a continuing basis. The
Secretary was to make a final report to Congress on his findings and
recommendations as to their implementation not later than June 30, 1975,
and appropriations were authorized not to exceed $20,000,000 for each of
the fiscal years ending June 30, 1975, and June 30, 1976.
Pub. L. 93-503, title III, 301, 302, Nov. 26, 1974, 88 Stat. 1575,
as amended by Pub. L. 94-280, title I, 140(f), May 5, 1976, 90 Stat.
444, relating to a demonstration project for elimination of highway
railroad grade crossings in Hammond, Indiana, was repealed by Pub. L.
95-599, title I, 134(d), Nov. 6, 1978, 92 Stat. 2709.
Section 11 of Pub. L. 91-453, as amended by Pub. L. 102-240, title
III, 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that: ''Nothing
in this Act (see Short Title of 1970 Amendment note set out under
section 1601 of this Appendix) shall affect the authority of the
Secretary of Housing and Urban Development to make grants, under the
authority of sections 6(a), 9, and 11 of the Federal Transit Act, as
amended (49 U.S.C. 1605(a), 1607a, and 1607c (49 App. U.S.C. 1605(a),
1607a, and 1607c)), and Reorganization Plan Numbered 2 of 1968 (set out
in the Appendix to Title 5, Government Organization and Employees), for
projects or activities primarily concerned with the relationship of
urban transportation systems to the comprehensively planned development
of urban areas, or the role of transportation planning in overall urban
planning, out of funds appropriated to him for that purpose.''
/1/ See References in Text note below.
49 USC 1606. Relocation program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) No financial assistance shall be extended to any project under
section 1602 of this Appendix unless the Secretary determines that an
adequate relocation program is being carried on for families displaced
by the project and that there are being or will be provided (in the same
area or in other areas generally not less desirable in regard to public
utilities and public and commercial facilities and at rents or prices
within the financial means of the displaced families) an equal number of
decent, safe, and sanitary dwellings available to those displaced
families and reasonably accessible to their places of employment.
(b) Repealed. Pub. L. 91-646, title II, 220(a)(4), Jan. 2, 1971, 84
Stat. 1903.
(Pub. L. 88-365, 7, July 9, 1964, 78 Stat. 305; Pub. L. 90-19, 20(
a), May 25, 1967, 81 Stat. 25; Pub. L. 91-646, title II, 220(a)( 4),
Jan. 2, 1971, 84 Stat. 1903.)
1971 -- Subsec. (b). Pub. L. 91-646 repealed subsec. (b), which
authorized grants for relocation payments, defined ''relocation
payments'', limited amount of payment, and provided for issuance of
rules and regulations. See section 4601 et seq. of Title 42, The
Public Health and Welfare.
1967 -- Subsecs. (a), (b). Pub. L. 90-19 substituted ''Secretary''
for ''Administrator'' wherever appearing.
Repeal of subsec. (b) of this section by Pub. L. 91-646 not
applicable to any State so long as sections 4630 and 4655 of Title 42,
The Public Health and Welfare, are not applicable in such State; but
such sections completely applicable to all States after July 1, 1972,
but until such date applicable to a State to extent the State is able
under its laws to comply with such sections, see section 221 of Pub. L.
91-646, set out as an Effective Date note under section 4601 of Title
42.
Any rights or liabilities existing under provisions repealed by
section 220(a) of Pub. L. 91-646 as not affected by such repeal, see
section 220(b) of Pub. L. 91-646, set out as a note under section 4621
of Title 42, The Public Health and Welfare.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under sections 1602, 1603, and 1604 of this Appendix required
to enable Secretary of Housing and Urban Development to advise and
assist Secretary of Transportation to make findings and determinations
under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to
establish jointly with Secretary of Transportation criteria referred to
in first sentence of section 1603(a) of this Appendix, see Reorg. Plan
No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set
out under section 1608 of this Appendix.
49 USC 1607. Metropolitan planning
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General requirements
It is in the national interest to encourage and promote the
development of transportation systems embracing various modes of
transportation in a manner which will efficiently maximize mobility of
people and goods within and through urbanized areas and minimize
transportation-related fuel consumption and air pollution. To
accomplish this objective, metropolitan planning organizations, in
cooperation with the State, shall develop transportation plans and
programs for urbanized areas of the State. Such plans and programs
shall provide for the development of transportation facilities
(including pedestrian walkways and bicycle transportation facilities)
which will function as an intermodal transportation system for the
State, the metropolitan areas, and the Nation. The process for
developing such plans and programs 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) Designation of metropolitan planning organizations
(1) In general
To carry out the transportation planning process required by this
section, a metropolitan planning organization shall be designated for
each urbanized area of more than 50,000 population by agreement among
the Governor and units of general purpose local government which
together represent at least 75 percent of the affected population
(including the central city or cities as defined by the Bureau of the
Census) or in accordance with procedures established by applicable State
or local law.
(2) Membership of certain MPO's
In a metropolitan area designated as a transportation management
area, the metropolitan planning organization designated for such area
shall include local elected officials, officials of agencies which
administer or operate major modes of transportation in the metropolitan
area (including all transportation agencies included in the metropolitan
planning organization on June 1, 1991) and appropriate State officials.
This paragraph shall only apply to a metropolitan planning organization
which is redesignated after December 18, 1991.
(3) Limitation on statutory construction
Nothing in this subsection shall be construed to interfere with the
authority, under any State law in effect on December 18, 1991, of a
public agency with multimodal transportation responsibilities to --
(A) develop plans and programs for adoption by a metropolitan
planning organization; and
(B) develop long-range capital plans, coordinate transit services and
projects, and carry out other activities pursuant to State law.
(4) Continuing designation
Designations of metropolitan planning organizations, whether made
under this section or other provisions of law, shall remain in effect
until redesignated under paragraph (5) or revoked by agreement among the
Governor and units of general purpose local government which together
represent at least 75 percent of the affected population or as otherwise
provided under State or local procedures.
(5) Redesignation
(A) Procedures
A metropolitan planning organization may be redesignated by agreement
among the Governor and units of general purpose local government which
together represent at least 75 percent of the affected population
(including the central city or cities as defined by the Bureau of the
Census) as appropriate to carry out this section.
(B) Certain requests to redesignate
A metropolitan planning organization shall be redesignated upon
request of a unit or units of general purpose local government
representing at least 25 percent of the affected population (including
the central city or cities as defined by the Bureau of the Census) in
any urbanized area (i) whose population is more than 5,000,000 but less
than 10,000,000, or (ii) which is an extreme nonattainment area for
ozone or carbon monoxide as defined under the Clean Air Act (42 U.S.C.
7401 et seq.). Such redesignation shall be accomplished using procedures
established by subparagraph (A).
(6) Treatment of large urban areas
More than 1 metropolitan planning organization may be designated
within an urbanized area as defined by the Bureau of the Census only if
the Governor determines that the size and complexity of the urbanized
area make designation of more than 1 metropolitan planning organization
for such area appropriate.
(c) Metropolitan area boundaries
For the purposes of this section, the boundaries of a metropolitan
area shall be determined by agreement between the metropolitan planning
organization and the Governor. Each metropolitan 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 encompass
the entire Metropolitan Statistical Area or Consolidated Metropolitan
Statistical Area, as defined by the Bureau of the Census. For areas
designated as nonattainment areas for ozone or carbon monoxide under the
Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of the
metropolitan area shall at least include the boundaries of the
nonattainment area, except as otherwise provided by agreement between
the metropolitan planning organization and the Governor.
(d) Coordination in multi-State areas
(1) In general
The Secretary shall establish such requirements as the Secretary
considers appropriate to encourage Governors and metropolitan planning
organizations with responsibility for a portion of a multi-State
metropolitan area to provide coordinated transportation planning for the
entire metropolitan area.
(2) Compacts
The consent of Congress is hereby given to any 2 or more States to
enter into agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance in support
of activities authorized under this section as such activities pertain
to interstate areas and localities within such States and to establish
such agencies, joint or otherwise, as such States may deem desirable for
making such agreements and compacts effective.
(e) Coordination of MPO's
If more than 1 metropolitan planning organization has authority
within a metropolitan area or an area which is designated as a
nonattainment area for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.), each metropolitan planning organization shall
consult with the other metropolitan planning organizations designated
for such area and the State in the coordination of plans and programs
required by this section.
(f) Factors to be considered
In developing transportation plans and programs pursuant to this
section, each metropolitan planning organization shall, at a minimum,
consider the following:
(1) Preservation of 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 applicable
Federal, State, and local energy conservation programs, goals, and
objectives.
(3) The need to relieve congestion and prevent congestion from
occurring where it does not yet occur.
(4) The likely effect of transportation policy decisions on land use
and development and the consistency of transportation plans and programs
with the provisions of all applicable short- and long-term land use and
development plans.
(5) The programming of expenditure on transportation enhancement
activities as required in section 133. /1/
(6) The effects of all transportation projects to be undertaken
within the metropolitan area, without regard to whether such projects
are publicly funded.
(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 connectivity of roads within the metropolitan area
with roads outside the metropolitan area.
(9) The transportation needs identified through use of the management
systems required by section 303 of this title. /2/
(10) Preservation of rights-of-way for construction of future
transportation projects, including identification of unused
rights-of-way which may be needed for future transportation corridors
and identification of those corridors for which action is most needed to
prevent destruction or loss.
(11) Methods to enhance the efficient movement of freight.
(12) The use of life-cycle costs in the design and engineering of
bridges, tunnels, or pavement.
(13) The overall social, economic, energy, and environmental effects
of transportation decisions.
(14) Methods to expand and enhance transit services and to increase
the use of such services.
(15) Capital investments that would result in increased security in
transit systems.
(g) Development of long range plan
(1) In general
Each metropolitan planning organization shall prepare, and update
periodically, according to a schedule that the Secretary determines to
be appropriate, a long range plan for its metropolitan area in
accordance with the requirements of this subsection.
(2) Long range plan
A long range plan under this section shall be in a form that the
Secretary determines to be appropriate and shall, at a minimum:
(A) Identify transportation facilities (including but not necessarily
limited to major roadways, transit, and multimodal and intermodal
facilities) that should function as an integrated metropolitan
transportation system, giving emphasis to those facilities that serve
important national and regional transportation functions. In formulating
the long range plan, the metropolitan planning organization shall
consider factors described in subsection (f) of this section as such
factors relate to a 20-year forecast period.
(B) Include a financial plan that demonstrates how the long-range
plan can be implemented, indicates resources from public and private
sources that are reasonably expected to be made available to carry out
the plan, and recommends any innovative financing techniques to finance
needed projects and programs, including such techniques as value
capture, tolls and congestion pricing.
(C) Assess capital investment and other measures necessary to --
(i) ensure the preservation of the existing metropolitan
transportation system, including requirements for operational
improvements, resurfacing, restoration, and rehabilitation of existing
and future major roadways, as well as operations, maintenance,
modernization, and rehabilitation of existing and future transit
facilities; and
(ii) make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the mobility of
people and goods.
(D) Indicate as appropriate proposed transportation enhancement
activities.
(3) Coordination with Clean Air Act agencies
In metropolitan areas which are in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the
metropolitan planning organization shall coordinate the development of a
long range plan with the process for development of the transportation
control measures of the State Implementation Plan required by the Clean
Air Act.
(4) Participation by interested parties
Before approving a long range plan, each metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of transportation agency employees, private providers of
transportation, and other interested parties with a reasonable
opportunity to comment on the long range plan, in a manner that the
Secretary deems appropriate.
(5) Publication of long range plan
Each long range plan prepared by a metropolitan planning organization
shall be --
(i) published or otherwise made readily available for public review;
and
(ii) submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
(h) Transportation improvement program
(1) Development
The metropolitan planning organization designated for a metropolitan
area, in cooperation with the State and affected transit operators,
shall develop a transportation improvement program for the area for
which such organization is designated. In developing the program, the
metropolitan planning organization shall provide citizens, affected
public agencies, representatives of transportation agency 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
metropolitan planning organization and the Governor.
(2) Priority of projects
The transportation improvement program shall include the following:
(A) A priority list of projects and project segments to be carried
out within each 3-year period after the initial adoption of the
transportation improvement program.
(B) A financial plan that demonstrates how the transportation
improvement program can be implemented, indicates resources from public
and private sources that are reasonably expected to be made available to
carry out the plan, and recommends any innovative financing techniques
to finance needed projects and programs, including value capture, tolls,
and congestion pricing.
(3) Selection of projects
Except as otherwise provided in subsection (i)(4) of this section,
project selection in metropolitan areas for projects involving Federal
participation shall be carried out by the State in cooperation with the
metropolitan planning organization and shall be in conformance with the
transportation improvement program for the area.
(4) Major capital investments
Not later than 6 months after December 18, 1991, the Secretary shall
initiate a rulemaking proceeding to conform review requirements for
transit projects under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) to comparable requirements under such Act
applicable to highway projects. Nothing in this section shall be
construed to affect the applicability of such Act to transit or highway
projects.
(5) Included projects
A transportation improvement program for a metropolitan area
developed under this subsection shall include projects within the area
which are proposed for funding under this title /3/ and this chapter and
which are consistent with the long range plan developed under subsection
(g) of this section for the area. The program shall include a project,
or an identified phase of a project, only if full funding can reasonably
be anticipated to be available for the project within the time period
contemplated for completion of the project.
(6) 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 of
and an opportunity to comment on the proposed program.
(i) Transportation management areas
(1) Designation
The Secretary shall designate as transportation management areas all
urbanized areas over 200,000 population. The Secretary shall designate
any additional area as a transportation management area upon the request
of the Governor and the metropolitan planning organization designated
for such area or the affected local officials. Such additional areas
shall include upon such a request the Lake Tahoe Basin as defined by
Public Law 96-551.
(2) Transportation plans and programs
Within a transportation management area, transportation plans and
programs shall be based on a continuing and comprehensive transportation
planning process carried out by the metropolitan planning organization
in cooperation with the State and transit operators.
(3) Congestion management system
Within a transportation management area, the transportation planning
process under this section shall include a congestion management system
that provides for effective management of new and existing
transportation facilities eligible for funding under this title /4/ and
this chapter through the use of travel demand reduction and operational
management strategies. The Secretary shall establish an appropriate
phase-in schedule for compliance with the requirements of this section.
(4) Selection of projects
All projects carried out within the boundaries of a transportation
management area with Federal participation pursuant to this title /5/
(excluding projects undertaken on the National Highway System and
pursuant to the Bridge and Interstate Maintenance programs) or pursuant
to this chapter shall be selected by the metropolitan planning
organization designated for such area in consultation with the State and
in conformance with the transportation improvement program for such area
and priorities established therein. Projects undertaken within the
boundaries of a transportation management area on the National Highway
System or pursuant to the Bridge and Interstate Maintenance programs
shall be selected by the State in cooperation with the metropolitan
planning organization designated for such area and shall be in
conformance with the transportation improvement program for such area.
(5) Certification
The Secretary shall assure that each metropolitan planning
organization in each transportation management area is carrying out its
responsibilities under applicable provisions of Federal law, and shall
so certify at least once every 3 years. The Secretary may make such
certification only if (1) a metropolitan planning organization is
complying with the requirements of section 134 /6/ and other applicable
requirements of Federal law, and (2) there is a transportation
improvement program for the area that has been approved by the
metropolitan planning organization and the Governor. If after September
30, 1993, a metropolitan planning organization is not certified by the
Secretary, the Secretary may withhold, in whole or in part, the
apportionment under section 104(b)(3) /7/ attributed to the relevant
metropolitan area pursuant to section 133(d)(3) /8/ and capital funds
apportioned under the formula program under section 1607a of this
Appendix. If a metropolitan planning organization remains uncertified
for more than 2 consecutive years after September 30, 1994, 20 percent
of the apportionment attributed to that metropolitan area under section
133(d)(3) /8/ and capital funds apportioned under the formula program
under section 1607a of this Appendix shall be withheld. The withheld
apportionments shall be restored to the metropolitan area at such time
as the metropolitan planning organization is certified by the Secretary.
The Secretary shall not withhold certification under this section based
upon the policies and criteria established by a metropolitan planning
organization or transit grant recipient for determining the feasibility
of private enterprise participation in accordance with subsection (o) of
this section.
(j) Abbreviated plans and programs for certain areas
For metropolitan areas not designated as transportation management
areas under this section, the Secretary may provide for the development
of abbreviated metropolitan transportation plans and programs that the
Secretary determines to be appropriate to achieve the purposes of this
section, taking into account the complexity of transportation problems,
including transportation related air quality problems, in such areas.
In no event shall the Secretary provide abbreviated plans or programs
for metropolitan areas which are in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).
(k) Transfer of funds
Funds made available for a transit project under title 23 shall be
transferred to and administered by the Secretary in accordance with the
requirements of this chapter. Funds made available for a highway
project under this chapter shall be transferred to and administered by
the Secretary in accordance with the requirements of title 23.
(l) Additional requirements for certain nonattainment areas
Notwithstanding any other provisions of this chapter or title 23 for
transportation management areas classified as nonattainment for ozone or
carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.),
Federal funds may not be programmed in such area for any transit project
that will result in a significant increase in carrying capacity for
single occupant vehicles unless the project is part of an approved
congestion management system.
(m) Limitation on statutory construction
Nothing in this section shall be construed --
(1) to confer on a metropolitan planning organization the authority
to impose legal requirements on any transportation facility, provider,
or project not eligible under this title /9/ or this chapter; or
(2) to intervene in the management of a transportation agency.
(n) Grants
(1) Eligibility
The Secretary is authorized to contract for and make grants to States
and local public bodies and agencies thereof, or enter into agreements
with other Federal departments and agencies, for the planning,
engineering, design, and evaluation of public transportation projects,
and for other technical studies. Activities assisted under this section
may include --
(A) studies relating to management, operations, capital requirements,
and economic feasibility;
(B) evaluation of previously funded projects; and
(C) other similar or related activities preliminary to and in
preparation for the construction, acquisition, or improved operation of
facilities and equipment.
(2) Criteria
A grant, contract, or working agreement under this section shall be
made in accordance with criteria established by the Secretary.
(o) Private enterprise
The plans and programs required by this section shall encourage to
the maximum extent feasible the participation of private enterprise.
Where facilities and equipment are to be acquired which are already
being used in service in the urban areas, the program must provide that
they shall be so improved (through modernization, extension, addition,
or otherwise) that they will better serve the transportation needs of
the area.
(p) Use for comprehensive planning
(1) In general
The Secretary shall ensure, to the extent practicable, that amounts
made available under section 1617(c)(1) of this Appendix for the
purposes of this section are used to support balanced and comprehensive
transportation planning that takes into account the relationships among
land use and all transportation modes, without regard to the
programmatic source of the planning funds.
(2) Formula allocation to all metropolitan areas
The Secretary shall apportion 80 percent of the amount made available
under section 1617(c)(1) of this Appendix to States in the ratio that
the population in urbanized areas, in each State, bears to the total
population in urbanized areas, in all the States as shown by the latest
available decennial census, except that no State shall receive less than
1/2 of 1 percent of the amount apportioned under this paragraph. Such
funds shall be allocated to metropolitan planning organizations
designated under this section by a formula, developed by the State in
cooperation with metropolitan planning organizations and approved by the
Secretary, that considers population in urbanized areas and provides an
appropriate distribution for urbanized areas to carry out the
cooperative processes described in this section. The State shall make
such funds available promptly to eligible metropolitan planning
organizations according to procedures approved by the Secretary.
(3) Supplemental allocation
The Secretary shall apportion 20 percent of the amounts made
available under section 1617(c)(1) of this Appendix to States to
supplement allocations under subparagraph (B) /10/ for metropolitan
planning organizations. Such funds shall be allocated according to a
formula that reflects the additional costs of carrying out planning,
programming, and project selection responsibilities under this section
in such areas.
(4) Hold harmless
The Secretary shall ensure, to the maximum extent practicable, that
no metropolitan planning organization is allocated less than the amount
it received by administrative formula under this section in fiscal year
1991. To comply with the previous sentence, the Secretary is authorized
to make a pro rata reduction in other amounts made available to carry
out section 1617(c) of this Appendix.
(5) Federal share payable
The Federal share payable for activities under this paragraph shall
be 80 percent except where the Secretary determines that it is in the
Federal interest not to require a State or local match.
(Pub. L. 88-365, 8, as added Pub. L. 102-240, title III, 3012, Dec.
18, 1991, 105 Stat. 2098.)
The Clean Air Act, referred to in subsecs. (b)(5)(B), (c), (e),
(g)(3), (j), and (l), is act July 14, 1955, ch. 360, as amended
generally by Pub. L. 88-206, Dec. 17, 1963, 77 Stat. 392, and later
by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. The Clean Air Act was
originally classified to chapter 15B ( 1857 et seq.) of Title 42, The
Public Health and Welfare. On enactment of Pub. L. 95-95, the Act was
reclassified to chapter 85 ( 7401 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in subsec.
(h)(4), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42.
For complete classification of this Act to the Code, see Short Title
note set out under section 4321 of Title 42 and Tables.
Public Law 96-551, referred to in subsec. (i)(1), is Pub. L.
96-551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the
Code.
A prior section 1607, Pub. L. 88-365, 8, as added Pub. L. 95-599,
title III, 305(b), Nov. 6, 1978, 92 Stat. 2743, and amended Pub. L.
100-17, title III, 310, Apr. 2, 1987, 101 Stat. 227, which provided
for development of long-range urban transportation plans, approval of
program of projects by the Secretary, contracts and grants to States and
local agencies for planning of transportation projects, and
participation of private enterprise, was repealed by Pub. L. 102-240,
title III, 3012, Dec. 18, 1991, 105 Stat. 2098.
Another prior section 1607, Pub. L. 88-365, 8, July 9, 1964, 73
Stat. 306; Pub. L. 90-19, 20(a), May 25, 1967, 81 Stat. 25, which
called for consultation between the Secretary of Housing and Urban
Development and the Secretary of Commerce on general urban
transportation policies and programs and for the exchange of information
on proposed projects in urban areas, was repealed by Pub. L. 95-599,
title III, 305(a), Nov. 6, 1978, 92 Stat. 2743.
Section 318 of Pub. L. 95-599 directed Secretary of Transportation
to study establishing and operating a mass transportation system which
would provide basic services with a minimum of amenities, at low costs,
and report results of study to Congress not later than 1 year after Nov.
6, 1978.
134, 135.
/1/ So in original. Probably should be ''section 133 of title 23.''
/2/ So in original. Probably should be ''section 303 of title 23.''
/3/ So in original. Probably should be ''under title 23''.
/4/ So in original. Probably should be ''under title 23''.
/5/ So in original. Probably should be ''pursuant to title 23''.
/6/ So in original. Probably should be ''section 134 of title 23''.
/7/ So in original. Probably should be ''section 104(b)(3) of title
23''.
/8/ So in original. Probably should be ''section 133(d)(3) of title
23''.
/9/ So in original. Probably should be ''under title 23''.
/10/ So in original. Probably should be ''paragraph (2)''.
49 USC 1607a. Block grants
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Amounts appropriated from general fund of Treasury for urbanized
areas
(1) Of the amounts made available or appropriated under section
1617(g) of this Appendix, 9.32 percent shall be available for
expenditure under this section in each fiscal year only in urbanized
areas with a population of less than 200,000.
(2) Of the amounts made available or appropriated under section
1617(g) of this Appendix, 90.68 percent shall be available for
expenditure under this section in each fiscal year only in urbanized
areas with a population of 200,000 or more.
(b) Apportionment according to fixed guideway revenue vehicle or
route miles
(1) Of the funds available under subsection (a)(2) of this section,
33.29 per centum shall be available for expenditure in urbanized areas
of 200,000 population or more in accordance with this subsection.
(2) 95.61 per centum of the amount made available under paragraph (1)
of this subsection shall be apportioned as follows:
(A) 60 per centum of the amount so apportioned multiplied by the
ratio which the number of fixed guideway revenue vehicle miles
attributable to the urbanized area, as determined by the Secretary,
bears to the total number of all fixed guideway revenue vehicle miles
attributable to all such urbanized areas; and
(B) 40 per centum of the amount so apportioned multiplied by the
ratio which the number of fixed guideway route miles attributable to the
urbanized area, as determined by the Secretary, bears to the total
number of all fixed guideway route miles attributable to all such
urbanized areas.
No urbanized area in which commuter rail service is provided and
which has a population of 750,000 or more shall receive less than 0.75
per centum of the sums made available under this paragraph. Under this
paragraph, fixed guideway revenue vehicle or route miles provided, and
passengers served thereby, in an urbanized area of less than 200,000
population, where such revenue vehicle miles or route miles and
passengers served would otherwise be attributable to an urbanized area
with a population of 1,000,000 or more in an adjacent State, shall be
attributable to the public body in the State in which such urbanized
area of less than 200,000 population is located as if the public body
were an urbanized area of 200,000 or more so long as such public body
contracts, directly or indirectly, for such service. For the purpose of
this subsection, the terms ''fixed guideway revenue vehicle miles'' and
''fixed guideway route miles'' shall include ferry boat operations
directly or under contract by the designated recipient.
(3) 4.39 per centum of the amount made available for expenditure
among urbanized areas of 200,000 population or more under paragraph (1)
of this section shall be apportioned as follows: in the ratio that 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 each such urbanized area bears to the sum of
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 all such urbanized areas. No urbanized
area in which commuter rail service is provided and which has a
population of 750,000 or more shall receive less than 0.75 per centum of
the sums made available under this paragraph.
(4) Energy and operating efficiencies. -- If a recipient under this
section demonstrates to the satisfaction of the Secretary that energy or
operating efficiencies would be achieved by actions that reduce revenue
vehicle miles but provide the same frequency of revenue service to the
same number of riders, the recipient's apportionment under paragraph
(2)(A) shall not be reduced as a result of such actions.
(c) Apportionment according to formulas based on bus revenue vehicle
miles, bus passenger miles, and population
(1) Of the funds available under subsection (a)(2) of this section,
66.71 per centum shall be available for expenditure in urbanized areas
with a population of 200,000 or more in accordance with this subsection.
(2) 90.8 per centum of the amount made available under paragraph (1)
of this subsection shall be apportioned as follows:
(A) 73.39 per centum shall be made available for expenditure in only
those urbanized areas with a population of 1,000,000 or more, and on the
basis of a formula under which such urbanized area will be entitled to
receive an amount equal to the sum of --
(i) 50 per centum of the amount available under this subparagraph
multiplied by the ratio which the total bus revenue vehicle miles
operated in or directly serving such urbanized area bears to the total
bus revenue vehicle miles in all such urbanized areas;
(ii) 25 per centum of such amount multiplied by the ratio which the
population of such urbanized area bears to the total population of all
such urbanized areas as shown by the latest Federal census; and
(iii) 25 per centum of such amount multiplied by a ratio for that
urbanized area determined on the basis of population weighted by a
factor of density, as determined by the Secretary; and
(B) 26.61 per centum shall be made available for expenditure in only
those urbanized areas with a population of less than 1,000,000 and on
the basis of a formula under which such urbanized areas will be entitled
to receive an amount equal to the sum of --
(i) 50 per centum of the amount available under this subparagraph
multiplied by the ratio which the total bus revenue vehicle miles
operated in or directly serving such urbanized area bears to the total
bus revenue vehicle miles in all such urbanized areas;
(ii) 25 per centum of such amount multiplied by the ratio which the
population of such urbanized area bears to the total population of all
such urbanized areas as shown by the latest available Federal census;
and
(iii) 25 per centum of such amount multiplied by a ratio for that
urbanized area determined on the basis of population weighted by a
factor of density, as determined by the Secretary.
(3) 9.2 per centum of the amount made available under paragraph (1)
of this subsection shall be apportioned among urbanized areas of 200,000
population or more as follows: in the ratio that the number of bus
passenger miles traveled multiplied by the number of bus passenger miles
traveled for each dollar of operating cost in each such urbanized area
bears to the sum of the number of bus passenger miles traveled
multiplied by the number of bus passenger miles traveled for each dollar
of operating cost in all such urbanized areas.
(d) Formula for apportionment among urban areas of less than 200,000
population
Funds available under subsection (a)(1) of this section shall be
apportioned on the basis of a formula under which urbanized areas of
less than 200,000 population shall be entitled to receive an amount
equal to the sum of --
(1) one-half of the total amount so apportioned multiplied by the
ratio which the population of such urbanized area bears to the total
population of all such urbanized areas as shown by the latest available
Federal census; and
(2) one-half of the total amount so apportioned multiplied by a ratio
for that urbanized area determined on the basis of population weighted
by a factor of density, as determined by the Secretary.
As used in this section, the term ''density'' means the number of
inhabitants per square mile.
(e) Applicability of provisions of this chapter; submission by
recipient of final program of projects; submission of annual
certification and report on revenues; certification as prerequisite to
grant
(1) The provisions of sections 1602(e), 1602(f), 1602(g), 1604(k)(
3), 1608(c), 1609, 1615, and 1618 of this Appendix shall apply to this
section and to every grant made under this section. No other condition,
limitation, or other provision of this chapter, other than as provided
in this section, shall be applicable to this section and to grants for
programs of projects made under this section.
(2) To receive a grant under this section for any fiscal year, a
recipient shall, within the time specified by the Secretary, submit a
final program of projects prepared pursuant to subsection (f) of this
section and the certifications required by paragraph (3). Such
certifications and any additional certifications 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 annually publish in conjunction with the
publication required under subsection (q) of this section a list of all
certifications required under this chapter. A grant may be made under
this section to carry out, in whole or in part, a program of projects.
(3) Each recipient (including any person receiving funds from a
Governor under this section) shall submit to the Secretary annually a
certification that such recipient --
(A) has or will have the legal, financial, and technical capacity to
carry out the proposed program of projects;
(B) has or will have satisfactory continuing control, through
operation or lease or otherwise, over the use of the facilities and
equipment, and will maintain such facilities and equipment;
(C) will comply with requirements of section 1604(m) of this
Appendix;
(D) will give the rate required by section 1604(m) of this Appendix
to any person presenting a medicare card duly issued to that person
pursuant to title II or title XVIII of the Social Security Act (42 U.S.
C. 401 et seq., 1395 et seq.);
(E) in carrying out procurements under this subsection, will use
competitive procurements (as defined or approved by the Secretary), will
not use procurements utilizing exclusionary or discriminatory
specifications, and will carry out procurements in compliance with
applicable Buy America provisions;
(F) has complied with the requirements of subsection (f) of this
section;
(G) has available and will provide the required amount of funds in
accordance with subsection (k)(1) of this section and will comply with
the requirements of sections 1607 and 1612 of this Appendix;
(H) has a locally developed process to solicit and consider public
comment prior to raising fares or implementing a major reduction of
transit service; and
(I)(i) will expend for each fiscal year not less than 1 percent of
the funds received by the recipient for each fiscal year under this
section for transit security projects; or
(ii) that such expenditures for such security systems are not
necessary.
For the purposes of subparagraph (I), transit security projects may
include increasing lighting within or adjacent to transit systems,
including bus stops, subway stations, parking lots, and garages;
increasing camera surveillance of areas within and adjacent to such
systems; providing emergency telephone lines to contact law enforcement
or security personnel in areas within or adjacent to such systems; and
any other project intended to increase the security and safety of
existing or planned transit systems.
(4) Each recipient (including any person receiving funds from a
Governor under this section) shall submit to the Secretary annually a
report on the revenues such recipient derives from the sale of
advertising and concessions.
(5) No grant shall be made under this section to any recipient in any
fiscal year unless the Secretary has accepted a certification for such
fiscal year submitted by such person pursuant to this subsection.
(6) Streamlined administrative procedures. -- The Secretary shall
establish streamlined administrative procedures to govern compliance
with the certification requirement under paragraph (3)(B) with respect
to track and signal equipment used in ongoing operations.
(f) Responsibilities of recipients relating to preparation of program
of projects; availability to public
Each recipient shall --
(1) make available to the public information concerning the amount of
funds available under this subsection and the program of projects that
the recipient proposes to undertake with such funds;
(2) develop a proposed program of projects concerning activities to
be funded in consultation with interested parties, including private
transportation providers;
(3) publish a proposed program of projects in such a manner to afford
affected citizens, private transportation providers, and as appropriate,
local elected officials an opportunity to examine its content and to
submit comments on the proposed program of projects and on the
performance of the recipient;
(4) afford an opportunity for a public hearing to obtain the views of
citizens on the proposed program of projects; and
(5) assure that the proposed program of projects provides for the
coordination of transit services assisted under this section with
transportation services assisted from other Federal sources.
In preparing the final program of projects to be submitted to the
Secretary, the recipient shall consider any such comments and views,
particularly those of private transportation providers, and shall, if
deemed appropriate by the recipient, modify the proposed program of
projects. The final program of projects shall be made available to the
public.
(g) Reviews and audits; review and evaluation of recipient by
Secretary; adjustments in amount of annual grants
(1) The Secretary shall, at least on an annual basis, conduct, or
require the recipient to have independently conducted, reviews and
audits as may be deemed necessary or appropriate by the Secretary to
determine whether --
(A) the recipient has carried out its activities submitted in
accordance with subsection (e)(2) of this section in a timely and
effective manner and has a continuing capacity to carry out those
activities in a timely and effective manner; and
(B) the recipient has carried out those activities and its
certifications and has used its Federal funds in a manner which is
consistent with the applicable requirements of this chapter and other
applicable laws.
Audits of the use of Federal funds shall be conducted in accordance
with the auditing procedures of the General Accounting Office.
(2) In addition to the reviews and audits described in paragraph (1),
the Secretary shall, not less than once every three years, perform a
full review and evaluation of the performance of a recipient in carrying
out the recipient's program, with specific reference to compliance with
statutory and administrative requirements, and consistency of actual
program activities with the proposed program of projects required under
subsection (e)(2) of this section and the planning process required
under section 1607 of this Appendix.
(3) The Secretary may make appropriate adjustments in the amount of
annual grants in accordance with the Secretary's findings under this
subsection, and may reduce or withdraw such assistance or take other
action as appropriate in accordance with the Secretary's review,
evaluation, and audits under this subsection.
(h) Applicability of fraud and false statement provisions;
termination and reimbursement of grants
The provisions of section 1001 of title 18 apply to any certification
or submission under this section. In addition, if any false or
fraudulent statement or related act within the meaning of section 1001
of title 18 is made in connection with a certification of submission
under this subsection, the Secretary may terminate and seek appropriate
reimbursement of the affected grant or grants directly or by offsetting
funds available under this subsection.
(i) Approval of procurement system
A recipient may request the Secretary to approve its procurement
system. If, after consultation with the Office of Federal Procurement
Policy, the Secretary finds that such system provides for competitive
procurement, the Secretary shall approve such system for use for all
procurements financed under this section. Such approval shall be
binding until withdrawn. A certification from the recipient under
subsection (e)(3)(E) of this section is still required.
(j) Availability of grants to finance mass transportation;
regulations limiting certain grants; associated capital maintenance
items defined
(1) Grants under this section shall be available to finance the
planning, acquisition, construction, improvement, and operating costs of
facilities, equipment, and associated capital maintenance items for use,
by operation or lease or otherwise, in mass transportation service,
including the renovation and improvement of a historic transportation
facility with related private investment. In a transportation
management area designated pursuant to section 1607 of this Appendix,
funds which cannot be used for payment of operating expenses under this
section also shall be available for highway projects if --
(A) such use is approved by the metropolitan planning organization in
accordance with section 1607 of this Appendix after appropriate notice
and opportunity for comment and appeal is provided to affected transit
providers; and
(B) in the determination of the Secretary, such funds are not needed
for investments required by the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
Grants for construction projects under this section shall also be
available to finance the leasing of facilities and equipment for use in
mass transportation service, subject to regulations limiting such grants
to leasing arrangements which are more cost effective than acquisition
or construction. The Secretary shall publish regulations under the
preceding sentence in proposed form in the Federal Register for public
comment not later than 60 days after April 2, 1987, and shall promulgate
such regulations in final form not later than 240 days after April 2,
1987. As used in this section, the term ''associated capital
maintenance items'' means any equipment, tires, tubes, and materials
each of which costs no less than 1/2 of 1 percent of the current fair
market value of rolling stock comparable to the rolling stock for which
the equipment, tires, tubes, and materials are to be used.
(2) A project for the reconstruction (whether by employees of the
grant recipient or by contract) of any equipment and materials each of
which, after reconstruction, will have a fair market value no less than
1/2 of 1 percent of the current fair market value of rolling stock
comparable to the rolling stock for which the equipment and materials
are to be used shall be considered a project for construction of an
associated capital maintenance item under this section.
(3) Funds under this section may be available for highway projects
under title 23 only if funds used for the State or local share of such
highway projects are eligible to fund either highway or transit
projects.
(k) Limitations on grants for construction projects and projects for
operating expenses; increase in operating expenses for small urbanized
areas; limitation on amount of funds apportioned
(1) The Federal grant for any construction project (including any
project for the acquisition or construction of an associated capital
maintenance item) under this section shall be 80 per centum of the net
project cost of such project; however, a recipient is permitted to
provide additional local match at its option. The Federal grant for any
project for operating expenses shall not exceed 50 per centum of the net
project cost of such project. The remainder shall be provided in cash
from sources other than Federal funds or revenues from the operation of
public mass transportation systems. For purposes of the preceding
sentence, ''revenues from the operation of a public mass transportation
system'' shall not include the amount of any revenues derived by such
system from the sale of advertising and concessions which is in excess
of the amount of such revenues derived by such system from the sale of
advertising and concessions in fiscal year 1985. Any public or private
transit system funds so provided shall be solely from undistributed cash
surpluses, replacement or depreciation funds or reserves available in
cash, or new capital.
(2)(A) The amount of funds apportioned under this section which may
be used for operating assistance shall not exceed 80 per centum of the
amount of funds apportioned in fiscal year 1982 under paragraphs (1)(
A), (2)(A), and (3)(A) of section 1604(a) of this Appendix to an
urbanized area with a population of 1,000,000 or more, 90 per centum of
funds so apportioned to an urbanized area with a population of 200,000
or more and less than 1,000,000 population; and 95 per centum of funds
so apportioned to an urbanized area of less than 200,000 population.
Notwithstanding the preceding sentence, an urbanized area that first
became an urbanized area under the 1980 census or thereafter may use
each fiscal year for operating assistance not to exceed an amount equal
to 2/3 of its apportionment during the first full year it received funds
under this section.
(B) Beginning on October 1, 1991, the amount of funds apportioned
under this section that may be used for operating assistance by
urbanized areas shall be increased on October 1 of each year by an
amount determined by multiplying the amount applicable to each such
urbanized area as determined under subparagraph (A) (excluding any
increases under this subparagraph) by the percentage of the increase (if
any) in the Consumer Price Index during the most recent calendar year;
except that such increase may not exceed the percentage increase of the
funds made available under section 1617(g) of this Appendix in the
current fiscal year and the funds made available under section 1617(g)
of this Appendix in the previous fiscal year. The amount of funds
apportioned under this section that each urbanized area of less than
200,000 population that was a recipient of funds under this section
during fiscal year 1987 may use for operating assistance shall be
increased by 32.2 percent on October 1, 1987. The increases provided
for by this subparagraph shall be cumulative.
(C) As used in subparagraph (B), the term ''Consumer Price Index''
means the Consumer Price Index for all-urban consumers published by the
Department of Labor.
(3) Notwithstanding any other provision of law, the amount of funds
apportioned under section 1604 of this Appendix and available for
operating assistance in fiscal year 1983 in an urbanized area shall be
subject to the limitations set forth in paragraph (2) of this
subsection. Subject to the limitation in the preceding sentence, funds
apportioned under section 1604(a)(4) of this Appendix in fiscal year
1983 may be used for operating assistance.
(l) Repealed. Pub. L. 100-17, title III, 312(f)(3), Apr. 2, 1987,
101 Stat. 229
(m) Designation of recipients; sums not made available for
expenditure by designated recipients
(1) The Governor, responsible local officials, and publicly owned
operators of mass transportation services in accordance with the
planning process required under section 1607 of this Appendix shall
designate a recipient or recipients to receive and dispense the funds
appropriated under this section that are attributable to urbanized areas
of 200,000 or more population. In any case in which a statewide or
regional agency or instrumentality is responsible under State laws for
the financing, construction and operation, directly, by lease, contract,
or otherwise, of public transportation services, such agency or
instrumentality shall be the recipient to receive and dispense such
funds. As used in this section, the term ''designated recipient'' shall
refer to a recipient selected according to the procedures required by
this section or to a recipient designated in accordance with section
1604(b)(1) of this Appendix prior to January 6, 1983.
(2) Sums apportioned under this subsection not made available for
expenditure by designated recipients in accordance with the terms of
paragraph (1) shall be made available to the Governor for expenditure in
urbanized areas with populations of less than 200,000.
(n) Transfer of apportionment by Governor; transfer of apportionment
by designated recipient to Governor
(1) The Governor may transfer an amount of the State's apportionment
under subsection (d) of this section to supplement funds apportioned to
the State under section 1614(a) of this Appendix, or to supplement funds
apportioned to urbanized areas under this subsection. The Governor may
make such transfers only after consultation with responsible local
officials and publicly owned operators of mass transportation services
in each area to which the funding was originally apportioned pursuant to
subsection (d) of this section. The Governor may transfer an amount of
the State's apportionment under section 1614(a) of this Appendix to
supplement funds apportioned to the State under subsection (d) of this
section. Any amounts of a State's apportionment that remain available
for obligation at the beginning of the 90-day period before the
expiration of the period of availability of such amounts shall be
available to the Governor for use throughout the State. Amounts
transferred shall be subject to the capital and operating assistance
limitations applicable to the original apportionments of such amounts.
(2) A designated recipient for an urbanized area of 200,000 or more
population may transfer its apportionment under this section, or a
portion thereof, to the Governor. The Governor shall distribute any
such apportionment to urbanized areas in the State, including areas of
200,000 or more population, in accordance with this section. Amounts
transferred shall be subject to the capital and operating assistance
limitations applicable to the original apportionment of such amounts.
(o) Availability of apportionment for obligation of recipient
Sums apportioned under this section shall be available for obligation
by the recipient for a period of three years following the close of the
fiscal year for which such sums are apportioned. Any amounts so
apportioned remaining unobligated at the end of such period shall be
added to the amount available for apportionment under this section for
the succeeding fiscal year not later than 30 days after the end of such
period.
(p) Advance construction
(1) Approved project
When a recipient has obligated all funds apportioned to it under this
section and proceeds to carry out any project described in this section
(other than a project for operating expenses) or portion of such a
project without the aid of Federal funds in accordance with all
procedures and all requirements applicable to such a project, except
insofar as such procedures and requirements limit a State to carrying
out projects with the aid of Federal funds previously apportioned to it,
the Secretary, upon application by such recipient and his approval of
such application, is authorized to pay to such recipient the Federal
share of the costs of carrying out such project or portion when
additional funds are apportioned to such recipient under this section
if, prior to carrying out such project or portion, the Secretary
approves the plans and specifications therefor in the same manner as
other projects under this section.
(2) Limitation on projects
The Secretary may not approve an application under this subsection
unless an authorization for this section is in effect for the fiscal
year for which the application is sought beyond the currently authorized
funds for such recipient. No application may be approved under this
subsection which will exceed --
(A) the recipient's expected apportionment under this section if the
total amount of funds authorized to be appropriated to carry out this
section for such fiscal year were so appropriated, less
(B) the maximum amount of such apportionment which could be made
available for projects for operating expenses under this section.
(3) Bond interest
(A) Eligible cost
Subject to the provisions of this paragraph, the cost of carrying out
a project or portion thereof, the Federal share of which the Secretary
is authorized to pay under this subsection, shall include the amount of
any interest earned and payable on bonds issued by the recipient to the
extent that the proceeds of such bonds have actually been expended in
carrying out such project or portion.
(B) Limitation on amount
In no event shall the amount of interest considered as a cost of
carrying out a project or portion under subparagraph (A) be greater than
the excess of --
(i) the amount which would be the estimated cost of carrying out the
project or portion if the project or portion were to be carried out at
the time the project or portion is converted to a regularly funded
project, over
(ii) the actual cost of carrying out such project or portion (not
including such interest).
(C) Changes in construction cost indices
The Secretary shall consider changes in construction cost indices in
determining the amount under subparagraph (B)(i).
(q) Date of apportionment
The Secretary shall apportion funds appropriated to carry out this
section for any fiscal year in accordance with the provisions of this
section not later than the 10th day following the date on which such
funds are appropriated or October 1 of such fiscal year, whichever is
later. The Secretary shall publish apportionments of such appropriated
funds, including amounts attributable to each urbanized area above
50,000 population as well as the amount attributable to each State of
the multistate urbanized area, on the apportionment date established by
the preceding sentence.
(r) Ferry services
A vessel used in ferryboat operations funded under this section that
is part of a State-operated ferry system may occasionally be operated
outside of the urbanized area in which service is provided to
accommodate periodic maintenance if existing ferry service is not
thereby significantly reduced.
(s) Grandfather of certain urbanized areas
Any area designated as an urbanized area under the 1980 census which
is not so designated under the 1990 census --
(1) for fiscal year 1992, shall be treated as an urbanized area for
purposes of section 1608(c)(11) of this Appendix; and
(2) for fiscal year 1993, shall be eligible to receive 50 percent of
the funds which the area would have received if the area were treated as
an urbanized area for purposes of such section 1608(c)(11) of this
Appendix and an amount equal to 50 percent of the funds which the State
in which the area is located would have received if the area were
treated as an area other than an urbanized area.
(t) Adjustments of apportionments
Provided that sufficient funds are available, in each fiscal year
beginning after September 30, 1991, the Secretary shall adjust
apportionments under this section between the Mass Transit Account of
the Highway Trust Fund and the general fund of the Treasury to assure
that each recipient receives from the general fund of the Treasury not
less than the amount of operating assistance made available each fiscal
year under this section that such recipient is eligible to receive.
(Pub. L. 88-365, 9, as added Pub. L. 97-424, title III, 303, formerly
303(a), Jan. 6, 1983, 96 Stat. 2141, renumbered 303, Pub. L. 100-17,
title III, 327(b), Apr. 2, 1987, 101 Stat. 238, and amended Pub. L.
100-17, title III, 306(b), 308, 309(b)-(d), (f), 311, 312, Apr. 2,
1987, 101 Stat. 225-228; Pub. L. 102-240, title III, 3013, Dec. 18,
1991, 105 Stat. 2106.)
The Social Security Act, referred to in subsec. (e)(3)(D), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and
XVIII of such Act are classified generally to subchapters II ( 401 et
seq.) and XVIII ( 1395 et seq.), respectively, of chapter 7 of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see section 1305 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec.
(j)(1)(B), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as
amended, which is classified principally to chapter 126 ( 12101 et seq.)
of Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 12101 of Title 42 and Tables.
A prior section 1607a, Pub. L. 88-365, 9, as added Pub. L. 89-562,
2(a)(2), Sept. 8, 1966, 80 Stat. 715, and amended Pub. L. 93-87,
title III, 301(d), Aug. 13, 1973, 87 Stat. 295, which related to
grants to States and local public bodies and agencies for planning,
etc., of urban mass transportation projects, was repealed by Pub. L.
95-599, title III, 305(a), Nov. 6, 1978, 92 Stat. 2743. See section
1607(d) of this Appendix.
A prior section 9 of Pub. L. 88-365 was renumbered section 12 by
Pub. L. 89-562, 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and is
classified to section 1608 of this Appendix.
1991 -- Subsec. (a). Pub. L. 102-240, 3013(a), substituted pars.
(1) and (2) for former pars. (1) and (2) which read as follows:
''(1) Of the amount appropriated from the general fund of the
Treasury under section 1617(a) of this Appendix, 8.64 per centum shall
be available for expenditure under this section in each fiscal year only
in urbanized areas with a population of less than 200,000.
''(2) Of the amount appropriated from the general fund of the
Treasury under section 1617(a) of this Appendix, 88.43 per centum shall
be available for expenditure under this section in each fiscal year only
in urbanized areas with a population of 200,000 or more.''
Subsec. (b)(4). Pub. L. 102-240, 3013(b), added par. (4).
Subsec. (e)(1). Pub. L. 102-240, 3013(c), substituted ''1615, and
1618'' for ''and 1615''.
Subsec. (e)(2). Pub. L. 102-240, 3013(d), inserted after first
sentence ''Such certifications and any additional certifications
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 annually publish in
conjunction with the publication required under subsection (q) of this
section a list of all certifications required under this chapter.''
Subsec. (e)(3). Pub. L. 102-240, 3013(f), added subpar. (I) and
concluding provisions following subpar. (I).
Subsec. (e)(6). Pub. L. 102-240, 3013(e), added par. (6).
Subsec. (f)(5). Pub. L. 102-240, 3013(g), added par. (5).
Subsec. (j)(1). Pub. L. 102-240, 3013(h)(1), inserted after first
sentence ''In a transportation management area designated pursuant to
section 1607 of this Appendix, funds which cannot be used for payment of
operating expenses under this section also shall be available for
highway projects if -- '' followed by subpars. (A) and (B).
Subsec. (j)(3). Pub. L. 102-240, 3013(h)(2), added par. (3).
Subsec. (k)(2)(B). Pub. L. 102-240, 3013(i), substituted ''1991'' for
''1988'', struck out ''of less than 200,000 population'' after
''assistance by urbanized areas'', and inserted before period at end of
first sentence ''; except that such increase may not exceed the
percentage increase of the funds made available under section 1617(g) of
this Appendix in the current fiscal year and the funds made available
under section 1617(g) of this Appendix in the previous fiscal year''.
Subsecs. (r), (s). Pub. L. 102-240, 3013(j), added subsecs. (r) and
(s).
Subsec. (t). Pub. L. 102-240, 3013(k), added subsec. (t).
1987 -- Subsec. (e)(2). Pub. L. 100-17, 312(a), inserted sentence at
end permitting a grant to be made to carry out a program of projects.
Subsec. (e)(4), (5). Pub. L. 100-17, 312(b)(2), (f)(1), added pars.
(4) and (5).
Subsec. (g)(4). Pub. L. 100-17, 312(f)(2), struck out par. (4) which
related to certification as prerequisite to making of grant. See subsec.
(e)(5) of this section.
Subsec. (j). Pub. L. 100-17, 308, 309(b), designated existing
provisions as par. (1), substituted '', tires, tubes, and materials''
for ''and materials'' in two places and '' 1/2 of 1 percent'' for ''1
per centum'', inserted provisions respecting availability of grants to
finance leasing of facilities and equipment for use in mass
transportation service, subject to regulations limiting such grants to
cost effective leasing arrangements, and provisions relating to
publication and promulgation of such regulations, and added par. (2).
Subsec. (k)(1). Pub. L. 100-17, 309(f), substituted ''(including any
project for the acquisition or construction of an associated capital
maintenance item)'' for ''(including capital maintenance items)''.
Pub. L. 100-17, 309(c), substituted ''shall be'' for ''shall not
exceed'' before ''80 per centum''.
Pub. L. 100-17, 309(d), substituted ''such project; however, a
recipient is permitted to provide additional local match at its option''
for ''such project''.
Pub. L. 100-17, 312(b)(1), inserted provisions setting forth what
''revenues from the operation of a public mass transportation system''
shall not include for purposes of the preceding provision.
Subsec. (k)(2). Pub. L. 100-17, 312(c), designated existing
provisions as subpar. (A), substituted ''Notwithstanding the preceding
sentence, an urbanized area that first became an urbanized area under
the 1980 census or thereafter may use each fiscal year for operating
assistance not to exceed an amount equal to 2/3 of its apportionment
during the first full year it received funds under this section.'' for
''Notwithstanding the preceding sentence, an urbanized area that became
an urbanized area for the first time under the 1980 census may use not
to exceed 40 per centum of its apportionment under this section for
operating assistance.'', and added subpars. (B) and (C).
Subsec. (l). Pub. L. 100-17, 312(f)(3), struck out subsec. (l) which
related to transfer of capital apportionment for use in operating
assistance in fiscal years 1983 and 1984.
Subsec. (n)(1). Pub. L. 100-17, 312(d)(1), which directed that first
sentence of par. (1) be amended by striking out ''with populations of
three hundred thousand or less'', was executed by striking out ''with
populations of 300,000 or less'' after ''urbanized areas'' to reflect
the probable intent of Congress.
Pub. L. 100-17, 312(d)(2), inserted provisions setting forth
availability of certain amounts to Governor for use throughout the
State.
Subsec. (o). Pub. L. 100-17, 311, inserted ''not later than 30 days
after the end of such period'' after ''the succeeding fiscal year''.
Subsec. (p). Pub. L. 100-17, 306(b), added subsec. (p).
Subsec. (q). Pub. L. 100-17, 312(e), added subsec. (q).
Pub. L. 101-164, title III, 334(c), Nov. 21, 1989, 103 Stat. 1098,
provided that: ''In any case in which a statewide agency or
instrumentality is responsible under State laws for the financing,
construction and operation, directly by lease, contract or otherwise, of
public transportation services, and when such statewide agency or
instrumentality is the designated recipient of UMTA funds, and when the
statewide agency or instrumentality provides service among two or more
urbanized areas, the statewide agency or instrumentality shall be
allowed to apply for operating assistance up to the combined total
permissible amount of all urbanized areas in which it provides service,
regardless of whether the amount for any particular urbanized area is
exceeded. In doing so, UMTA shall not reduce the amount of operating
assistance allowed for any other State, or local transit agency or
instrumentality within the urbanized areas affected. This provision
shall take effect with the fiscal year 1990 section 9 (49 App. U.S.C.
1607a) apportionment.''
Pub. L. 99-190, 101(e) (title III, 318), Dec. 19, 1985, 99 Stat.
1267, 1286, provided that notwithstanding any other provision of law,
within 60 days of Dec. 19, 1985, the Urban Mass Transportation
Administration was to reapportion under this section those funds
available for reapportionment pursuant to section 1604(c)(4) of this
Appendix.
134.
49 USC 1607a-1. Repealed. Pub. L. 102-240, title III, 3015, Dec. 18,
1991, 105 Stat. 2108
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 88-365, 9A, as added Pub. L. 97-424, title III,
303, formerly 303(a), Jan. 6, 1983, 96 Stat. 2147, renumbered 303,
Pub. L. 100-17, title III, 327(b), Apr. 2, 1987, 101 Stat. 238,
provided for distributions from the Mass Transit Account for urbanized
areas.
49 USC 1607a-2. Mass transit account block grants
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Apportionment and administration
The amount made available by subsections (b) and (c) of section 1617
of this Appendix to carry out this section shall be made available in
accordance with the provisions of subsections (a) through (j), (m), and
(n) of section 1607a of this Appendix.
(b) Availability for construction projects
Grants under this section shall be available only for the purpose of
construction projects (including capital maintenance items) and shall be
subject to the limitations contained in section 1607a(k) of this
Appendix applicable to such projects.
(c) Use of unobligated amounts
Sums apportioned under this section shall be available for obligation
by the recipient for a period of 3 years following the close of the
fiscal year for which such sums are apportioned. Any amounts so
apportioned remaining unobligated at the end of such period shall be
added to the amount available for apportionment under this section for
the succeeding fiscal year not later than 30 days after the end of such
period.
(Pub. L. 88-365, 9B, as added Pub. L. 100-17, title III, 313, Apr.
2, 1987, 101 Stat. 229.)
49 USC 1607b. Grants for managerial, technical and professional
training programs; basis of selection for fellowships; amount of
fellowship
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary is authorized to make grants to States, local public
bodies, and agencies thereof (and operators of public transportation
services) to provide fellowships for training of personnel employed in
managerial, technical, and professional positions in the public
transportation field. Fellowships shall be for not more than one year
of training in public or private training institutions offering programs
having application in the public transportation industry. The recipient
of a fellowship under this section shall be selected by the grantee on
the basis of demonstrated ability and for the contribution which the
recipient can be reasonably expected to make to an efficient public
transportation operation. The assistance under this section toward each
fellowship shall not exceed the lesser of $24,000 or 75 per centum of
the sum of (1) tuition and other charges to the fellowship recipient,
(2) any additional costs incurred by the training institution in
connection with the fellowship and billed to the grantee, and (3) the
regular salary of the fellowship recipient for the period of the
fellowship (to the extent that salary is actually paid or reimbursed by
the grantee).
(Pub. L. 88-365, 10, as added Pub. L. 89-562, 2(a)(2), Sept. 8, 1966,
80 Stat. 716, and amended Pub. L. 95-599, title III, 306, Nov. 6, 1978,
92 Stat. 2744.)
A prior section 10 of Pub. L. 88-365 was renumbered section 13 by
Pub. L. 89-562, 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and is
classified to section 1609 of this Appendix.
1978 -- Pub. L. 95-599 expanded existing provision, formerly
designated as subsec. (a), to include grants to operators of public
transportation services, allow training in the public transportation
field instead of only the urban mass transportation field, permit study
at for-profit instead of only nonprofit institutions, allowing unlimited
numbers of scholarships instead of only one hundred per year, and
raising the amount of the grant by substituting ''the lesser of $24,000
or 75 per centum'' for ''$12,000, nor 75 per centum'', and struck out
subsecs. (b) and (c).
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under sections 1602, 1603, and 1604 of this Appendix required
to enable Secretary of Housing and Urban Development to advise and
assist Secretary of Transportation to make findings and determinations
under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to
establish jointly with Secretary of Transportation criteria referred to
in first sentence of section 1603(a) of this Appendix, see Reorg. Plan
No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set
out under section 1608 of this Appendix.
49 USC 1607c. Grants for research and training in urban transportation
problems; grants for establishment and operation of transportation
centers at nonprofit institutions of higher learning
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Grant program
The Secretary is authorized to make grants to public and private
nonprofit institutions of higher learning to assist in establishing or
carrying on comprehensive research in the problems of transportation in
urban areas. Such grants shall be used to conduct competent and
qualified research and investigations into the theoretical or practical
problems of urban transportation, or both, and to provide for the
training of persons to carry on further research or to obtain employment
in private or public organizations which plan, construct, operate, or
manage urban transportation systems. Such research and investigations
may include, without being limited to, the design and functioning of
urban mass transit systems; the design and functioning of urban roads
and highways; the interrelationship between various modes of urban and
interurban transportation; the role of transportation planning in
overall urban planning; public preferences in transportation; the
economic allocation of transportation resources; and the legal,
financial, engineering, and esthetic aspects of urban transportation.
In making such grants the Secretary shall give preference to
institutions of higher learning that undertake such research and
training by bringing together knowledge and expertise in the various
social science and technical disciplines that relate to urban
transportation problems.
(b) University transportation centers
(1) Grants for establishment and operation
In addition to grants authorized by subsection (a) of this section,
the Secretary shall make grants to one or more nonprofit institutions of
higher learning to establish and operate one regional transportation
center in each of the ten Federal regions which comprise the Standard
Federal Regional Boundary System.
(2) Responsibilities
The responsibilities of each transportation center established under
this subsection shall include, but not be limited to, the conduct of
infrastructure research concerning transportation and research and
training concerning transportation safety and transportation of
passengers and property and the interpretation, publication, and
dissemination of the results of such research. The responsibilities of
one of such centers may include research on the testing of new model
buses. The program of research at all research centers should cover
more than one mode of transportation, and should take into consideration
the proportion of funding for this subsection from funding available to
carry out urban mass transportation projects under this chapter and from
the Highway Trust Fund.
(3) Application
Any nonprofit institution of higher learning interested in receiving
a grant under this subsection shall submit to the Secretary an
application in such form and containing such information as the
Secretary may require by regulation.
(4) Selection criteria
The Secretary shall select recipients of grants under this subsection
on the basis of the following criteria:
(A) The regional transportation center shall be located in a State
which is representative of the needs of the Federal region for improved
transportation services and facilities.
(B) The demonstrated research and extension resources available to
the grant recipient for carrying out this subsection.
(C) The capability of the grant recipient to provide leadership in
making national and regional contributions to the solution of both
long-range and immediate transportation problems.
(D) The grant recipient shall have an established transportation
program or programs encompassing several modes of transportation.
(E) The grant recipient shall have a demonstrated commitment to
supporting ongoing transportation research programs with regularly
budgeted institutional funds of at least $200,000 per year.
(F) The grant recipient shall have a demonstrated ability to
disseminate results of transportation research and educational programs
through a statewide or regionwide continuing education program.
(G) The projects which the grant recipient proposes to carry out
under the grant.
(5) Maintenance of effort
No grant may be made under this section in any fiscal year unless the
recipient of such grant enters into such agreements with the Secretary
as the Secretary may require to ensure that such recipient will maintain
its aggregate expenditures from all other sources for establishing and
operating a regional transportation center and related research
activities at or above the average level of such expenditures in its 2
fiscal years preceding April 2, 1987.
(6) Federal share
The Federal share of a grant under this subsection shall be 50
percent of the costs of establishing and operating the regional
transportation center and related research activities carried out by the
grant recipient.
(7) National center
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 under this section to Morgan State
University to establish a national center for transportation management,
research, and development. Such center shall give special attention to
the design, development, and implementation of research, training, and
technology transfer activities to increase the number of highly skilled
minority individuals and women entering the transportation workforce.
(8) Center for transportation and industrial productivity
(A) In general
The Secretary shall make grants under this section to the New Jersey
Institute of Technology to establish and operate a center for
transportation and industrial productivity. Such center shall conduct
research and development activities which focus on methods to increase
surface transportation capacity, reduce congestion, and reduce costs for
transportation system users and providers through the use of
transportation management systems.
(B) James and Marlene Howard Transportation Information Center
(i) Grant
The Secretary shall make a grant to Monmouth College, West Long
Branch, New Jersey, for modification and reconstruction of Building
Number 500 at Monmouth College.
(ii) Assurances
Before making a grant under clause (i), the Secretary shall receive
assurances from Monmouth College that --
(I) the building referred to in clause (i) will be known and
designated as the ''James and Marlene Howard Transportation Information
Center''; and
(II) transportation-related instruction and research in the fields of
computer science, electronic engineering, mathematics, and software
engineering conducted at the building referred to in clause (i) will be
coordinated with the Center for Transportation and Industrial
Productivity at the New Jersey Institute of Technology.
(iii) Authorization of appropriations
There is authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) $2,242,000 in fiscal year 1992 for
making the grant under clause (i).
(iv) Applicability of title 23
Funds authorized by clause (iii) shall be available for obligation in
the same manner as if such funds were apportioned under chapter 1 of
title 23; except that the Federal share of the cost of activities
conducted with the grant under clause (i) shall be 80 percent and such
funds shall remain available until expended. Funds authorized by clause
(iii) shall not be subject to any obligation limitation.
(9) National rural transportation study center
The Secretary shall make grants under this section to the University
of Arkansas to establish a national rural transportation center. Such
center shall conduct research, training, and technology transfer
activities in the development, management, and operation of intermodal
transportation systems in rural areas.
(10) National Center for Advanced Transportation Technology
(A) In general
The Secretary shall make grants under this paragraph to the
University of Idaho to establish a National Center for Advanced
Transportation technology. /1/ Such center shall be established and
operated in partnership with private industry and shall conduct industry
driven research and development activities which focus on
transportation-related manufacturing and engineering processes,
materials, and equipment.
(B) Grants
The Secretary shall make grants to the University of Idaho, Moscow,
Idaho, for planning, design, and construction of a building in which the
research and development activities of the National Center for Advanced
Transportation Technology may be conducted.
(C) Authorization of appropriations
There is authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) $2,500,000 for fiscal year 1992,
$3,000,000 for fiscal year 1993, and $2,500,000 for fiscal year 1994 for
making the grants under subparagraph (B).
(D) Applicability of title 23
Funds authorized by subparagraph (C) shall be available for
obligation in the same manner as if such funds were apportioned under
chapter 1 of title 23, except that the Federal share of the cost of
activities conducted with the grant under subparagraph (B) shall be 80
percent and such funds shall remain available until expended. Funds
authorized by subparagraph (B) shall not be subject to any obligation
limitation.
(E) Applicability of grant requirements
Any grant entered into under this paragraph shall not be subject to
the requirements of this subsection.
(11) Program coordination
(A) In general
The Secretary shall provide for the coordination of research,
education, training, and technology transfer activities carried out by
grant recipients under this subsection, the dissemination of the results
of such research, and the establishment and operation of a clearinghouse
between such centers and the transportation industry. The Secretary
shall review and evaluate programs carried out by such grant recipients
at least annually.
(B) Funding
Not to exceed 1 percent of the funds made available from Federal
sources to carry out this subsection may be used by the Secretary to
carry out this paragraph.
(12) Obligation ceiling
Amounts authorized out of the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection shall be subject to
obligation limitations established by section 102 /2/ of the Intermodal
Surface Transportation Efficiency Act of 1991.
(13) Authorizations
There shall be available from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $5,000,000 for fiscal
year 1992 and $6,000,000 for each of the fiscal years 1993 through 1997.
Notwithstanding any other provision of law, approval by the Secretary
of a grant under this section shall be deemed a contractual obligation
of the United States for payment of the Federal share of the cost of the
project.
(14) Allocation of funds
The Secretary shall allocate funds made available to carry out this
subsection equitably among the Federal regions.
(15) Technology transfer set-aside
Not less than 5 percent of the funds made available to carry out this
subsection for any fiscal year shall be available to carry out
technology transfer activities.
(c) University research institutes
(1) Institute for national surface transportation policy studies
The Secretary shall make grants under this section to San Jose State
University to establish and operate an institute for national surface
transportation policy studies. Such institute shall --
(A) include both male and female students of diverse socioeconomic
and ethnic backgrounds who are seeking careers in the development and
operations of surface transportation programs; and
(B) conduct research and development activities to analyze ways of
improving aspects of the development and operation of the Nation's
surface transportation programs.
(2) Infrastructure technology institute
The Secretary shall make grants under this section to Northwestern
University to establish and operate an institute for the study of
techniques to evaluate and monitor infrastructure conditions, improve
information systems for infrastructure construction and management, and
study advanced materials and automated processes for construction and
rehabilitation of public works facilities.
(3) Urban transit institute
The Secretary shall make grants under this section to North Carolina
A. and T. State University through the Institute for Transportation
Research and Education and 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 for the study and dissemination of techniques to address the
diverse transportation problems of urban areas experiencing significant
and rapid growth.
(4) Institute for intelligent vehicle-highway concepts
The Secretary shall make grants under this section to the University
of Minnesota, Center for Transportation Studies, to establish and
operate a national institute for intelligent vehicle-highway concepts.
Such institute shall conduct research and recommend development
activities which focus on methods to increase roadway capacity, enhance
safety, and reduce negative environmental effects of transportation
facilities through the use of intelligent vehicle-highway systems
technologies.
(5) Institute for transportation research and education
The Secretary shall make grants under this section to the University
of North Carolina to conduct research and development and to direct
technology transfer and training for State and local transportation
agencies to improve the overall surface transportation infrastructure.
(6) Funding
There is authorized to be appropriated out of the Highway Trust Fund,
other than the Mass Transit Account, for each of fiscal years 1992,
1993, 1994, 1995, 1996, and 1997 $250,000 per fiscal year to carry out
paragraph (1), $3,000,000 per fiscal year to carry out paragraph (2),
$1,000,000 per fiscal year to carry out paragraph (3), $1,000,000 per
fiscal year to carry out paragraph (4), and $1,000,000 per fiscal year
to carry out paragraph (5).
(7) Applicability of title 23
Funds authorized by this subsection shall be available for obligation
in the same manner as if such funds were apportioned under chapter 1 of
title 23.
(Pub. L. 88-365, 11, as added Pub. L. 89-562, 2(a)(2), Sept. 8, 1966,
80 Stat. 716, and amended Pub. L. 95-599, title III, 307, Nov. 6, 1978,
92 Stat. 2745; Pub. L. 97-424, title III, 306(b), (c), Jan. 6, 1983, 96
Stat. 2150; Pub. L. 100-17, title III, 314, Apr. 2, 1987, 101 Stat.
230; Pub. L. 102-240, title VI, 6023, 6024, Dec. 18, 1991, 105 Stat.
2186, 2188.)
Section 102 of the Intermodal Surface Transportation Efficiency Act
of 1991, referred to in subsec. (b)(12), probably means section 1002 of
that Act (Pub. L. 102-240), which is set out as a note under section 104
of Title 23, Highways.
A prior section 11 of Pub. L. 88-365 was renumbered section 14 by
Pub. L. 89-562, 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and is
classified to section 1610 of this Appendix.
1991 -- Subsec. (b)(2). Pub. L. 102-240, 6023(a), inserted
''transportation safety and'' after ''training concerning''.
Subsec. (b)(7) to (15). Pub. L. 102-240, 6023(b), added pars. (7) to
(13), redesignated former pars. (9) and (10) as (14) and (15),
respectively, struck out former par. (7) which established within the
Department of Transportation a national advisory council to coordinate
research and training of grant recipients and provided for membership of
the council, terms of office, pay, chairman, meetings, agency
information, and inapplicability of section 14 of the Federal Advisory
Committee Act, and struck out former par. (8) which provided that the
Office of the Secretary would have administrative responsibility for
carrying out this subsection.
Subsec. (c). Pub. L. 102-240, 6024, added subsec. (c).
1987 -- Subsec. (a). Pub. L. 100-17, 314(b), inserted heading.
Subsec. (b). Pub. L. 100-17, 314(a), inserted heading and amended
text generally, revising and restating as pars. (1) to (10) provisions
formerly contained in pars. (1) to (7).
1983 -- Subsec. (b)(5). Pub. L. 97-424, 306(b), substituted
provision that the amount of the Federal grant must be equally matched
from other than Federal funds as a condition to project approval, for
provision that, as a condition to such approval, the State in which a
selected institution was located had to equally match from other than
Federal funds the amount of the Federal grant.
Subsec. (b)(7). Pub. L. 97-424, 306(c), inserted '', which include
bona fide research and training in urban transportation'' after
''transportation problems''.
1978 -- Subsec. (b). Pub. L. 95-599 designated existing provisions
as par. (1), substituted provisions authorizing the Secretary to make
grants to establish and operate transportation centers at nonprofit
institutions of higher learning for provisions authorizing the Secretary
to make available not to exceed $3,000,000 per annum of the grant funds
appropriated pursuant to section 1603(b) to finance grants under this
section, and added pars. (2) to (7).
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under this section and sections 1605(
a) and 1607a of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under sections 1602, 1603, and 1604 of this Appendix required
to enable Secretary of Housing and Urban Development to advise and
assist Secretary of Transportation to make findings and determinations
under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to
establish jointly with Secretary of Transportation criteria referred to
in first sentence of section 1603(a) of this Appendix, see Reorg. Plan
No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set
out under section 1608 of this Appendix.
/1/ So in original. Probably should be capitalized.
/2/ See References in Text note below.
49 USC 1608. General provisions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Functions, powers, and duties of Secretary
In the performance of, and with respect to, the functions, powers,
and duties vested in him by this chapter, the Secretary shall (in
addition to any authority otherwise vested in him) have the functions,
powers, and duties set forth in section 1749a /1/ of title 12, except
subsections (c)(2) and (f) of such section. Funds obtained or held by
the Secretary in connection with the performance of his functions under
this chapter shall be available for the administrative expenses of the
Secretary in connection with the performance of such functions.
(b) Contract requirements
(1) Noncompetitive bid contracts
All contracts for construction, reconstruction, or improvement of
facilities and equipment in furtherance of the purposes for which a loan
or grant is made under this chapter, entered into by applicants under
other than competitive bidding procedures as defined by the Secretary,
shall provide that the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, shall,
for the purpose of audit and examination, have access to any books,
documents, papers, and records of the contracting parties that are
pertinent to the operations or activities under such contracts.
(2) Rolling stock acquisition contracts
In lieu of requiring that contracts for the acquisition of rolling
stock be awarded based on consideration of performance, standardization,
life-cycle costs and other factors, or on the basis of lowest initial
capital cost, such contracts may be awarded based on a competitive
procurement process. The Secretary shall report to Congress within a
year of January 6, 1983, on any legislative or administrative revisions
required to ensure that procurement procedures are fair and competitive.
(3) Sole source procurement contracts
Any recipient of a grant under section 1607a of this Appendix who is
procuring an associated capital maintenance item under section 1607a(j)
of this Appendix may, without receiving prior approval of the Secretary,
contract directly with the original manufacturer or supplier of the item
to be replaced if such recipient first certifies in writing to the
Secretary --
(A) that such manufacturer or supplier is the only source for such
item; and
(B) that the price of such item is no higher than the price paid for
such item by like customers.
(4) Contracting for engineering and design services
Each contract for program management, construction management,
feasibility studies, preliminary engineering, design, architectural,
engineering, surveying, mapping or related services with respect to a
project for which a loan or grant is made under this chapter shall be
awarded in the same manner 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 equivalent State qualifications-based requirement. This paragraph
shall apply except to the extent any State adopts or has adopted by
statute a formal procedure for the procurement of such services.
(c) Definitions
As used in this chapter --
(1) the term ''construction'' means the supervising, inspecting,
actual building, and all expenses incidental to the acquisition,
construction, or reconstruction of facilities and equipment for use in
public transportation, including designing, engineering, location
surveying, mapping, acquisition of rights-of-way, relocation assistance,
acquisition of replacement housing sites, acquisition and
rehabilitation, relocation, and construction of replacement housing, and
such term also means (A) any bus rehabilitation project which extends
the economic life of a bus five years or more, (B) any bus
remanufacturing project which extends the economic life of the bus 8
years or more, and (C) any project for the overhaul of rail rolling
stock (whether or not such overhaul increases the useful life of the
rolling stock);
(2) the term ''fixed guideway'' means any public transportation
facility which utilizes and occupies a separate right-of-way or rails
for the exclusive use of public transportation service including, but
not limited to, fixed rail, automated guideway transit, and exclusive
facilities for buses and other high occupancy vehicles, and also means a
public transportation facility which uses a fixed catenary system and
utilizes a right-of-way usable by other forms of transportation;
(3) the term ''Governor'' means the ranking executive officer or his
designate for each of the jurisdictions included in the definition of
''State'';
(4) the term ''handicapped person'' means any individual who by
reason of illness, injury, age, congenital malfunction, or other
permanent or temporary incapacity or disability, including any person
who is wheelchair bound or has semiambulatory capabilities, is unable
without special facilities or special planning or design to utilize
public transportation facilities and services effectively. The
Secretary may, by regulation, adopt modifications of this definition for
purposes of section 1604(m) of this Appendix;
(5) the term ''local public bodies'' includes municipalities and
other political subdivisions of States; public agencies and
instrumentalities of one or more States, municipalities and political
subdivisions of States; Indian tribes; and public corporations,
boards, and commissions established under the laws of any State;
(6) the term ''mass transportation'' means transportation by bus, or
rail, or other conveyance, either publicly or privately owned, which
provides to the public general or special service (but not including
school buses or charter or sightseeing service) on a regular and
continuing basis;
(7) the terms ''public transportation'' and ''transit'' mean mass
transportation;
(8) the term ''Secretary'' means the Secretary of Transportation;
(9) The term ''States'' means the several States, the District of
Columbia, the Commonwealths of Puerto Rico and the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands;
(10) the term ''urban area'' means any area that includes a
municipality or other built-up place which is appropriate, in the
judgment of the Secretary, for a public transportation system to serve
commuters or others in the locality taking into consideration the local
patterns and trends of urban growth;
(11) the term ''urbanized area'' means an area so designated by the
Bureau of Census, within boundaries which shall be fixed by responsible
State and local officials in cooperation with each other, subject to
approval by the Secretary, and which shall at a minimum, in case of any
such area, encompass the entire urbanized area within a State as
designated by the Bureau of Census;
(12) the term ''rule'' means the whole or part of the Secretary's
statement of general or particular applicability designed to implement,
interpret, or prescribe law or policy in carrying out provisions of this
chapter; and
(13) the term ''emergency rule'' means a rule which is temporarily
effective prior to the expiration of the otherwise specified periods of
time for public notice and comment under this section and which was
promulgated by the Secretary pursuant to a finding that a delay in the
effective date thereof would (A) seriously injure an important public
interest, (B) substantially frustrate legislative policy and intent, or
(C) seriously damage a person or class of persons without serving any
important public interest.
(d) Regulation of operation of system, rates, rentals, or other
charges; compliance with undertakings
None of the provisions of this chapter shall be construed to
authorize the Secretary to regulate in any manner the mode of operation
of any mass transportation system with respect to which a grant is made
under section 1602 of this Appendix or, after such grant is made, to
regulate the rates, fares, tolls, rentals, or other charges fixed or
prescribed for such system by any local public or private transit
agency; but nothing in this subsection shall prevent the Secretary from
taking such actions as may be necessary to require compliance by the
agency or agencies involved with any undertakings furnished by such
agency or agencies in connection with the application for the grant.
(e) Prohibition on use of Federal financial assistance for transfer
of land, etc., between public bodies in geographical proximity
None of the provisions of this chapter shall be construed to
authorize Federal financial assistance for the purpose of financing the
acquisition by one public body of land, facilities, or equipment used in
mass transportation from another public body in the same geographic
area.
(f) Petition for exemption from interstate commerce provisions;
procedure
(1) A State or local public body may petition the Interstate Commerce
Commission for an exemption from subchapter II of chapter 105 of title
49 for mass transportation services provided by such State or local
public body or provided to such State of /2/ local public body by
contract. Not later than one hundred and eighty days after the date
such petition is received by the Commission, the Commission shall, after
notice and reasonable opportunity for a hearing on such petition, by
order, exempt such State or local public body or contractor from
subchapter II of chapter 105 of title 49 with respect to such mass
transportation services to the extent and for such time as it specifies
in such order, unless the Commission finds that --
(A) the public interest would not be served by such exemption,
(B) the exemption requested would result in an undue burden on the
interstate or foreign commerce, or
(C) the mass transportation services, including rates, proposed to be
exempt are not subject to regulation by any State or local public
agency.
(2) Any State or local public body granted an exemption under
paragraph (1) of this subsection shall be subject to all applicable
Federal laws pertaining to (A) safety, (B) the representation of
employees for purposes of collective bargaining, (C) retirement,
annuities, and unemployment systems, and (D) all other provisions of law
relating to employee-employer relations. The Commission, upon its own
initiative or upon petition of an interested party, may alter, amend, or
revoke any exemption under paragraph (1) of this subsection if it
subsequently finds that new evidence, material error, or changed
circumstances exist which materially affect its original order.
(g) Bids for passenger seats functional specifications
In the case of any buses acquired with Federal financial assistance
provided under this chapter, the Secretary shall permit the State or
local body which is acquiring such buses to provide in advertising for
bids for passenger seats functional specifications (which equal or
exceed the performance specifications prescribed by the Secretary),
based on that State or local body's determination of local requirements
for safety, comfort, maintenance and life cycle costs. This subsection
shall apply to the initial advertising for bids for the acquisition of
buses occurring on or after November 6, 1978.
(h) Bus testing
(1) Requirement
No funds appropriated or made available pursuant to this chapter
after September 30, 1989, may be obligated or expended for the
acquisition of a new bus model unless a bus of such model has been
tested at a facility established under section 317(b) of the Federal
Mass Transportation Act of 1987.
(2) New bus model defined
As used in this subsection, the term ''new bus model'' means a bus
model (including any model using alternative fuels) which has not been
used in mass transportation service in the United States before the date
of production of such model or a bus model which has been used in such
service but which is being produced with a major change in configuration
or components.
(i) Rulemaking procedures
(1) Procedures
The Secretary shall prepare an agenda listing all areas in which the
Secretary intends to propose rules governing activities under this
chapter within the following 12-month period. The Secretary shall
publish the proposed agenda in the Federal Register as part of the
Secretary's semi-annual rulemaking agenda which lists rulemaking
activities of the Federal Transit Administration. The Secretary shall
also transmit the agenda required by the first sentence of this
paragraph to the Committee on Public Works and Transportation and the
Committee on Appropriations of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs and the Committee on
Appropriations of the Senate on the day that the Secretary's semi-annual
rulemaking agenda is published in the Federal Register.
(2) Views
Except for emergency rules, the Secretary shall give interested
parties not less than 60 days to participate in any rulemaking under
this chapter through submission of written data views, or arguments with
or without the opportunity for oral presentation, except when the
Secretary for good cause finds that public notice and comment are
unnecessary due to the routine nature or matter of insignificant impact
of the rule, or that an emergency rule should be promulgated. The
Secretary may extend the 60-day period if the Secretary determines that
such period is insufficient to permit diligent persons to prepare
comments or that other circumstances justify an extension of such
period. An emergency rule shall terminate 120 days after the date on
which it is promulgated.
(3) Limitation
The Secretary shall propose or implement rules governing activities
under this chapter only in accordance with this section except for
routine matters and matters with no significant impact.
(j) Preaward and postdelivery audit of bus purchases
For the purpose of assuring compliance with Federal motor vehicle
safety requirements, the requirements of section 165 of the Surface
Transportation Assistance Act of 1982 (relating to purchases of American
products), and bid specifications requirements of recipients of grants
under this chapter, the Secretary shall issue regulations requiring a
preaward and postdelivery audit with respect to any grant under this
chapter for the purchase of buses and other rolling stock. For the
purposes of such audit, manufacturer certification shall not be
sufficient, and independent inspections and auditing shall be required.
(k) Transfer of capital asset
(1) Authorization
If a recipient of assistance under this chapter determines that
facilities and equipment and other assets (including land) acquired, in
whole or part, with such assistance are no longer needed for the
purposes for which they were acquired, the Secretary may authorize the
transfer of such assets to any public body to be used for any public
purpose with no further obligation to the Federal Government.
(2) Determinations
The Secretary may authorize a transfer under paragraph (1) for any
public purpose other than transit only if the Secretary first determines
--
(A) that the asset being transferred will remain in public use for
not less than 5 years after the date of the transfer;
(B) that there are no purposes eligible for assistance under this
chapter for which the asset should be used;
(C) the overall benefit of allowing the transfer outweighs the
Federal Government interest in liquidation and return of the Federal
financial interest in the asset, after consideration of fair market
value and other factors; and
(D) that, in any case in which the asset is a facility or land, there
is no interest in acquiring the asset for Federal use.
The determination under subparagraph (D) shall be made through an
appropriate screening or survey process.
(3) Documentation
Determinations required by paragraph (2) shall be made, in writing,
and shall include the rationale for such determinations.
(4) Relation to other provisions
The provisions of this section shall be in addition to and not in
lieu of any other provision of law governing use and disposition of
facilities and equipment under an assistance agreement.
(l) Special procurement initiatives
(1) Turnkey system procurements
(A) In general
In order to advance new technologies and lower the cost of
constructing new transit systems, the Secretary shall allow the
solicitation for a turnkey system project to be funded under this
chapter to be conditionally awarded before Federal requirements have
been met on the project so long as the award is made without prejudice
to the implementation of those Federal requirements. Federal financial
assistance under this chapter may be made available for such a project
when the recipient has complied with relevant Federal requirements.
(B) Initial demonstration phase
In order to develop regulations applying generally to turnkey system
projects, the Secretary is authorized to approve not less than 2
projects for an initial demonstration phase. The results of such
demonstration projects (and any other projects currently using this
procurement method) shall be taken into consideration in the development
of the regulations implementing this subsection.
(C) ''Turnkey system project'' defined
As used in this subsection, the term ''turnkey system project'' means
a project under which a recipient contracts with a consortium of firms,
individual firms, or a vendor to build a transit system that meets
specific performance criteria and which is operated by the vendor for a
period of time.
(2) Multiyear rolling stock procurements
(A) In general
A recipient procuring rolling stock with Federal financial assistance
under this chapter may enter into a multiyear agreement for the purchase
of such rolling stock and replacement parts pursuant to which the
recipient may exercise an option to purchase additional rolling stock or
replacement parts for a period not to exceed 5 years from the date of
the original contract.
(B) Consortia
The Secretary shall permit 2 or more recipients to form a consortium
(or otherwise act on a cooperative basis) for purposes of procuring
rolling stock in accordance with this paragraph and other Federal
procurement requirements.
(3) Efficient Procurement
A recipient may award to other than the lowest bidder in connection
with a procurement under this chapter when such award furthers
objectives which are consistent with purposes of this chapter, such as
improved long-term operating efficiency and lower long-term costs. Not
later than 90 days after December 18, 1991, the Secretary shall (A) make
such modifications to current procedures as are appropriate to make the
policy set forth in this paragraph readily practicable for all transit
agencies, including smaller and medium sized agencies, and (B) issue
guidance clarifying and implementing such policy.
(m) Federal share for certain projects
A Federal grant for a project to be assisted under this chapter that
involves the acquisition of 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.) shall be 90 percent
of the net project cost of such equipment attributable to compliance
with such Acts. The Secretary shall have discretion to determine,
through practicable administrative procedures, the costs attributable to
equipment specified in the preceding sentence.
(Pub. L. 88-365, 12, formerly 9, July 9, 1964, 78 Stat. 306; Pub.
L. 89-117, title XI, 1109, Aug. 10, 1965, 79 Stat. 507; renumbered Pub.
L. 89-562, 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and amended Pub. L.
90-19, 20, May 25, 1967, 81 Stat. 25; Pub. L. 90-448, title VII, 702,
Aug. 1, 1968, 82 Stat. 535; Pub. L. 91-453, 5, Oct. 15, 1970, 84 Stat.
966; Pub. L. 93-87, title III, 301(f), Aug. 13, 1973, 87 Stat. 295;
Pub. L. 95-599, title III, 308, Nov. 6, 1978, 92 Stat. 2745; Pub. L.
97-424, title III, 308, 309, Jan. 6, 1983, 96 Stat. 2151; Pub. L.
100-17, title III, 309(a), 315-317(a), 318, 319, Apr. 2, 1987, 101 Stat.
227, 232-234; Pub. L. 102-240, title III, 3004( b), 3016-3020, title
VI, 6021(a), Dec. 18, 1991, 105 Stat. 2088, 2108-2110, 2184.)
Section 1749a of title 12, referred to in subsec. (a), was repealed
by Pub. L. 99-498, title VII, 702, Oct. 17, 1986, 100 Stat. 1545.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (b)(4), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Title IX of the Federal Property and Administrative
Services Act is classified generally to subchapter VI ( 541 et seq.) of
chapter 10 of Title 40, Public Buildings, Property, and Works. For
complete classification of this Act to the Code, see Short Title note
set out under section 471 of Title 40 and Tables.
Section 317(b) of the Federal Mass Transportation Act of 1987,
referred to in subsec. (h)(1), is section 317(b) of Pub. L. 100-17,
which is set out as a note below.
Section 165 of the Surface Transportation Assistance Act of 1982,
referred to in subsec. (j), is section 165 of Pub. L. 97-424, title I,
Jan. 6, 1983, 96 Stat. 2136, as amended, which enacted provisions set
out as a note under section 101 of Title 23, Highways, and repealed
provisions set out as a note under section 1602 of this Appendix and
section 101 of Title 23.
The Clean Air Act, referred to in subsec. (m), is act July 14, 1955,
ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77
Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685.
The Clean Air Act was originally classified to chapter 15B ( 1857 et
seq.) of Title 42, The Public Health and Welfare. On enactment of Pub.
L. 95-95, the Act was reclassified to chapter 85 ( 7401 et seq.) of
Title 42. For complete classification of this Act to the Code, see
Short Title note set out under section 7401 of Title 42 and Tables.
The Americans with Disabilities Act of 1990, referred to in subsec.
(m), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,
which is classified principally to chapter 126 ( 12101 et seq.) of Title
42. For complete classification of this Act to the Code, see Short
Title note set out under section 12101 of Title 42 and Tables.
In subsec. (f)(1), ''subchapter II of chapter 105 of title 49''
substituted for ''part II of the Interstate Commerce Act'' on authority
of Pub. L. 95-473, 3(b), Oct. 17, 1978, 92 Stat. 1466, the first
section of which enacted subtitle IV ( 10101 et seq.) of Title 49,
Transportation.
December 18, 1991, referred to in subsec. (l)(3), was in the
original ''the date of the enactment of this Act'', which was translated
as meaning the date of enactment of Pub. L. 102-240, which enacted
subsec. (l) of this section, to reflect the probable intent of
Congress.
A prior section 12 of Pub. L. 88-365 was renumbered section 15 by
Pub. L. 89-562, 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and is
classified to section 1611 of this Appendix.
1991 -- Subsec. (c)(7). Pub. L. 102-240, 3016, substituted ''terms''
for ''term'' and ''and 'transit' mean'' for ''means''.
Subsec. (h)(2). Pub. L. 102-240, 6021(a), inserted ''(including any
model using alternative fuels)'' after ''means a bus model''.
Subsec. (i)(3). Pub. L. 102-240, 3017, added par. (3).
Subsecs. (k) to (m). Pub. L. 102-240, 3018-3020, added subsecs. (k)
to (m).
1987 -- Subsec. (b). Pub. L. 100-17, 315, 316, inserted subsec.
heading and headings for pars. (1) and (2), added pars. (3) and (4),
indented par. (1), and aligned pars. (1) and (2) with par. (3).
Subsec. (c)(1). Pub. L. 100-17, 309(a), designated existing
provisions relating to any bus rehabilitation project which extends the
economic life of a bus as cl. (A), and added cls. (B) and (C).
Subsec. (c)(12), (13). Pub. L. 100-17, 318(b), added pars. (12) and
(13).
Subsec. (h). Pub. L. 100-17, 317(a), added subsec. (h).
Subsec. (i). Pub. L. 100-17, 318(a), added subsec. (i).
Subsec. (j). Pub. L. 100-17, 319, added subsec. (j).
1983 -- Subsec. (b)(2). Pub. L. 97-424, 308, substituted provision
that in lieu of requiring that contracts for the acquisition of rolling
stock be awarded based on consideration of performance, standardization,
life-cycle costs and other factors, or on the basis of lowest initial
capital cost, such contracts may be awarded based on a competitive
procurement process and the Secretary shall report to Congress within a
year of January 6, 1983, on any legislative or administrative revisions
required to ensure that procurement procedures are fair and competitive,
for provision that after September 30, 1979, contracts for the
acquisition of rolling stock, including buses, which would result in the
expenditure of Federal financial assistance under this chapter, could be
awarded based on consideration of performance, standardization,
life-cycle costs, and other factors the Secretary could deem relevant,
in addition to the consideration of initial capital costs, and that
where necessary, the Secretary was to assist grantees in making such
evaluations.
Subsec. (c)(1). Pub. L. 97-424, 309(a), inserted provision that the
term also means any bus rehabilitation project which extends the
economic life of a bus five years or more.
Subsec. (c)(2). Pub. L. 97-424, 309(b), inserted ''or rails'' after
''separate right-of-way'' and provision that term also means a public
transportation facility which uses a fixed catenary system and utilizes
a right-of-way usable by other forms of transportation.
1978 -- Subsec. (b). Pub. L. 95-599, 308(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 95-599, 308(b), substituted definitions of
''construction'' for ''States'' in par. (1), ''fixed guideway'' for
''local public bodies'' in par. (2), ''Governor'' for ''Secretary'' in
par. (3), ''handicapped person'' for ''urban area'' in par. (4),
''local public bodies'' for ''mass transportation'' in par. (5), and
added pars. (6) to (11).
Subsec. (d). Pub. L. 95-599, 308(c), redesignated former subsec. (e)
as (d). Former subsec. (d), authorizing appropriations, was struck
out.
Subsec. (e). Pub. L. 95-599, 308(d), added subsec. (e). Former
subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 95-599, 308(d), added subsec. (f). Former
subsec. (f), relating to a prohibition on sex discrimination, was
struck out. See section 1615 of this Appendix.
Subsec. (g). Pub. L. 95-599, 308(d), added subsec. (g).
1973 -- Subsec. (f). Pub. L. 93-87 added subsec. (f).
1970 -- Subsec. (d). Pub. L. 91-453 struck out reference to loans
under section 1602 of this Appendix and administrative expenses.
1968 -- Subsec. (c)(5). Pub. L. 90-448 included special service to
the public, and substituted ''on a regular and continuing basis'' for
''and moving over prescribed routes''.
1967 -- Subsecs. (a), (b), (c)(4), (e). Pub. L. 90-19, 20(a),
substituted ''Secretary'' for ''Administrator'' wherever appearing.
Subsec. (c)(3). Pub. L. 90-19, 20(b), substituted definition of
''Secretary'' meaning the Secretary of Housing and Urban Development for
''Administrator'' meaning the Housing and Home Finance Administrator.
1965 -- Subsec. (c). Pub. L. 89-117, 1109, redesignated subsec. (d)
as (c). Former subsec. (c), which required that all contracts for
construction, reconstruction, or improvement in furtherance of this
chapter include a provision that only articles manufactured in the
United States be used by the contractor, was struck out.
Subsecs. (d) to (f). Pub. L. 89-116, 1109, redesignated subsecs.
(d) to (f) as (c) to (e), respectively.
''Federal Transit Administration'' substituted for ''Urban Mass
Transit Administration'' in subsec. (i)(1) pursuant to section 3004(a)
of Pub. L. 102-240, set out as a note under section 107 of Title 49,
Transportation.
Section 317(b) of Pub. L. 100-17, as amended by Pub. L. 102-240,
title III, 3003(b), title VI, 6021(b)-(d), Dec. 18, 1991, 105 Stat.
2088, 2184, provided that:
''(1) Establishment. -- The Secretary shall establish a facility for
testing new bus models for maintainability, reliability, safety,
performance (including braking performance), structural integrity, fuel
economy, emissions, and noise. Such facility shall be established by
renovation of a facility constructed with Federal assistance for the
purpose of training rail personnel.
''(2) Operation. -- The Secretary shall enter into a contract with a
qualified person to operate and maintain the facility established under
paragraph (1) for testing new bus models for maintainability,
reliability, safety, performance, structural integrity, fuel economy,
and noise. Such contract may provide for the testing of rail cars and
other vehicles at such facility.
''(3) Collection of fees. -- Under the contract entered into under
paragraph (2), the person operating and maintaining the facility shall
establish and collect fees for the testing of vehicles at the facility.
Such fees shall be subject to the approval of the Secretary.
''(4) New bus model defined. -- For purposes of this subsection, the
term 'new bus model' has the meaning such term has under section 12(h)(
2) of the Federal Transit Act (49 U.S.C. App. 1608(h)(2)).
''(5) Funding. -- There shall be available to the Secretary out of
the Mass Transit Account of the Highway Trust Fund for establishment of
the facility under paragraph (1) $200,000 for fiscal year 1987 and
$3,000,000 for fiscal year 1988, for expansion of such facility
$1,500,000 for fiscal year 1992, and for establishment of a revolving
fund under paragraph (6) $2,500,000 for fiscal year 1992. Funds made
available by this paragraph shall remain available until expended and
shall not be subject to any obligation limitation.
''(6) Revolving loan fund. -- The Secretary shall establish a bus
testing revolving loan fund with amounts authorized for such purpose
under paragraph (5). The Secretary shall make available as repayable
advances amounts from the fund to the person described in paragraph (3)
for operating and maintaining the facility.''
National Transportation Report; Report to Congress of
Evaluation; Tax Revenues, Study; Report to Congress
of Revenue Studies; Appropriations Authorization
Section 138 of Pub. L. 93-87 required the Secretary, in cooperation
with the Governor of each State and appropriate local officials, to make
an evaluation of that portion of the 1972 National Transportation
Report, pertaining to public mass transportation; required such
evaluation to include all urban areas, and to include but not be limited
to the following: (1) Refining the public mass transportation needs
contained in such report; (2) Developing a program to accomplish the
needs of each urban area for public mass transportation; (3) Analyzing
the existing funding capabilities of Federal, State, and local
governments for meeting such needs; (4) Analyzing other funding
capabilities of Federal, State, and local governments for meeting such
needs; (5) Determining the operating and maintenance costs relating to
the public mass transportation system; and (6) Determining and
comparing fare structures of all public mass transportation systems;
required the Secretary to, not later than July 1, 1974, report to
Congress the results of this evaluation together with his
recommendations for necessary legislation; required the Secretary to
conduct a study of revenue mechanisms, including a tax on fuels used in
the provision of urban mass transportation service, and an additional
gasoline tax imposed in urban areas, which could be used now or in the
future to finance transportation activities receiving financial
assistance from the Highway Trust Fund; required such study to include
an analysis of the magnitude of the various potential sources of user
tax revenues, the rates at which such taxes could be levied (including
possible differential rates), the mechanisms for collection of such
taxes, the incidence of such taxes, and the potential impact on transit
usage caused by such taxes; required the Secretary to report to the
Congress the findings of his study by no later than the 180th day after
Aug. 13, 1973; and appropriated not to exceed $10,000,000 to carry out
this section.
amended Pub. L. 90-623, 7(d), Oct. 22, 1968, 82
Stat. 1316; Pub. L. 97-449, 7(b), Jan. 12, 1983,
96 Stat. 2445
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled February 26, 1968, pursuant to
the provisions of chapter 9 of Title 5 of the United States Code.
(a) There are hereby transferred to the Secretary of Transportation:
(1) The functions of the Secretary of Housing and Urban Development
and the Department of Housing and Urban Development under the Urban Mass
Transportation Act of 1964 (now Federal Transit Act) (78 Stat. 302; 49
U.S.C. 1601-1611) (49 App. U.S.C. 1601 et seq.), except that there is
reserved to the Secretary of Housing and Urban Development (i) the
authority to make grants for or undertake such projects or activities
under sections 6(a), 9, and 11 of that Act (49 U.S.C. 1605( a); 1607a;
1607c) (49 App. U.S.C. 1605(a); former 1607a; 1607c) as primarily
concern the relationship of urban transportation systems to the
comprehensively planned development of urban areas, or the role of
transportation planning in overall urban planning, and (ii) so much of
the functions under sections 3, 4, and 5 of the Act (49 U.S.C.
1602-1604) (49 App. U.S.C. 1602, 1603, 1604) as will enable the
Secretary of Housing and Urban Development (A) to advise and assist the
Secretary of Transportation in making findings and determinations under
clause (1) of section 3(c), the first sentence of section 4(a), and
clause (1) of section 5 of the Act, and (B) to establish jointly with
the Secretary of Transportation the criteria referred to in the first
sentence of section 4(a) of the Act.
(2) Other functions of the Secretary of Housing and Urban
Development, and functions of the Department of Housing and Urban
Development or of any agency or officer thereof, all to the extent that
they are incidental to or necessary for the performance of the functions
transferred by section 1(a)(1) of this reorganization plan, including,
to such extent, the functions of the Secretary of Housing and Urban
Development and the Department of Housing and Urban Development under
(i) title II of the Housing Amendments of 1955 (69 Stat. 642; 42 U.S.C.
1491-1497), insofar as functions thereunder involve assistance
specifically authorized for mass transportation facilities or equipment,
and (ii) title IV of the Housing and Urban Development Act of 1965 (79
Stat. 485; 42 U.S.C. (former) 3071-3074).
(3) The functions of the Department of Housing and Urban Development
under section 3(b) of the Act of November 6, 1966 (P.L. 89-774; 80
Stat. 1352; 40 U.S.C. (former) 672(b)).
(b) Any reference in this reorganization plan to any provision of law
shall be deemed to include, as may be appropriate, reference there to as
amended.
(Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2445.
Section authorized the Secretary of Transportation to delegate any of
the functions transferred to him by this reorganization plan to such
officers and employees of the Department of Transportation as he
designated, and authorized successive redelegations of such functions.)
(Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2445.
Section established within the Department of Transportation an Urban
Mass Transportation Administration headed by an Urban Mass
Transportation Administrator appointed by the President, by and with the
advice and consent of the Senate, with the Administrator to perform such
duties as the Secretary of Transportation would prescribe. Section had
been amended by Pub. L. 90-623, 7(d), Oct. 22, 1968, 82 Stat. 1316, to
render of no further effect provision setting the compensation of the
Urban Mass Transportation Administrator at the rate provided for Level
III of the Executive Schedule Pay Rates (5 U.S.C. 5314).)
The President may authorize any person who immediately prior to the
effective date of this reorganization plan holds a position in the
executive branch of the government to act as Urban Mass Transportation
Administrator until the office of Administrator is for the first time
filled pursuant to the provisions of section 3(b) of this reorganization
plan or by recess appointment, as the case may be. The person so
designated shall be entitled to the compensation attached to the
position he regularly holds.
(a) So much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the
functions transferred to the Secretary of Transportation by this
reorganization plan as the Director of the Bureau of the Budget shall
determine shall be transferred from the Department of Housing and Urban
Development to the Department of Transportation at such time or times as
the Director shall direct.
(b) Such further measures and dispositions as the Director of the
Bureau of the Budget shall deem to be necessary in order to effectuate
the transfers provided for in subsection (a) of this section shall be
carried out in such manner as he shall direct and by such agencies as he
shall designate.
The provisions of this reorganization plan shall take effect at the
close of June 30, 1968, or at the time determined under the provisions
of section 906(a) of title 5 of the United States Code, whichever is
later.
To the Congress of the United States:
As long as he has lived in cities, man has struggled with the problem
of urban transportation. But:
-- Never before have these problems affected so many of our
citizens.
-- Never before has transportation been so important to the
development of our urban centers.
-- Never before have residents of urban areas faced a clearer
choice concerning urban transportation -- shall it dominate and restrict
enjoyment of all the values of urban living, or shall it be shaped to
bring convenience and efficiency to our citizens in urban areas.
How America and its cities solve the transportation problem depends
largely on our two newest Federal Departments -- the Department of
Transportation and the Department of Housing and Urban Development:
-- The Department of Housing and Urban Development is responsible
for the character of all urban development.
-- The Department of Transportation is concerned specifically
with all the modes of transportation and their efficient
interrelationship.
At present, responsibility for program assistance for urban highways
and urban airports, and urban mass transportation is divided between the
Department of Transportation and the Department of Housing and Urban
Development. As a result:
-- Federal coordination of transportation systems assistance is
more difficult than it need be.
-- Communities which have measured their own needs and developed
comprehensive transportation proposals must deal with at least two
federal agencies to carry out their programs.
To combine efficiently the facilities and services necessary for our
urban centers and to improve transportation within our cities, State and
local government agencies should be able to look to a single federal
agency for program assistance and support. The large future cost of
transportation facilities and services to the Federal Government, to
State and local governments, and to the transportation industry makes
side investments and efficient transportation systems essential.
An urban transportation system must:
-- combine a basic system of efficient, responsive mass transit
with all other forms and systems of urban, regional, and inter-city
transportation;
-- conform to and support balanced urban development.
In this, my second reorganization plan of 1968, I ask the Congress to
transfer urban mass transportation programs to the Secretary of
Transportation and to establish an Urban Mass Transportation
Administration within the Department of Transportation to strengthen the
organizational capacity of the Federal Government to achieve these
objectives.
The plan transfers to and unifies in a new Urban Mass Transportation
Administration in the Department of Transportation those functions which
involve urban mass transportation project assistance and related
research and development activities. Because urban research and
planning and transportation research and planning are closely related,
however, the plan provides that the Department of Housing and Urban
Development perform an important role in connection with transportation
research and planning insofar as they have significant impact on urban
development.
We expect the Department of Transportation to provide leadership in
transportation policy and assistance. The Department of Housing and
Urban Development will provide leadership in comprehensive planning at
the local level that includes transportation planning and relates it to
broader urban development objectives.
The transfer of urban mass transportation programs will not diminish
the overall responsibilities of the Department of Housing and Urban
Development with respect to our cities. Rather, adequate authority is
reserved to that Department to enable it to join with the Department of
Transportation to assure that urban transportation develops as an
integral component of the broader development of growing urban areas.
The new Urban Mass Transportation Administration in the Department of
Transportation, working with other elements of the Department, will
consolidate and focus our efforts to develop and employ the most modern
transportation technology in the solution of the transportation problems
of our cities.
The reorganization plan provides for an Administrator at the head of
the Administration who would be appointed by the President, by and with
the advice and consent of the Senate. The Administrator would report
directly to the Secretary of Transportation and take his place in the
Department with the heads of the Federal Aviation Administration,
Federal Highway Administration, Federal Railroad Administration and the
Coast Guard.
I have found, after investigation, that each reorganization included
in the reorganization plan transmitted herewith is necessary to
accomplish one or more of the purposes set forth in sections 901(a) of
title 5 of the United States Code.
I have also found that it is necessary to include in the accompanying
plan, by reason of these reorganizations, provisions for the appointment
and compensation of the new officer specified in section 3(b) of the
plan. The rate of compensation fixed for this officer is comparable to
those fixed for officers in the Executive Branch of the Government
having similar responsibilities.
The reorganizations included in this plan will provide more effective
management of transportation programs. It is not feasible to itemize
the reduction in expenditures which the plan will achieve, but I have no
doubt that this reorganization will preserve and strengthen overall
comprehensive planning for developing urban areas while simultaneously
insuring more efficient transportation systems for our cities than would
otherwise have occurred.
I strongly urge that the Congress allow the reorganization plan to
become effective.
Lyndon B. Johnson.
The White House, February 26, 1968.
/1/ See References in Text note below.
/2/ So in original. Probably should be ''or''.
49 USC 1609. Labor standards
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Action of Secretary
The Secretary shall take such action as may be necessary to insure
that all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed with the
assistance of loans or grants under this chapter shall be paid wages at
rates not less than those prevailing on similar construction in the
locality as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a -- 276a-5). The Secretary
shall not approve any such loan or grant without first obtaining
adequate assurance that required labor standards will be maintained upon
the construction work.
(b) Authority of Secretary of Labor
The Secretary of Labor shall have, with respect to the labor
standards specified in subsection (a) of this section, the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.
3176; 64 Stat. 1267), and section 276c of title 40.
(c) Interests of employees; protective arrangements; terms and
conditions
It shall be a condition of any assistance under section 1602 of this
Appendix that fair and equitable arrangements are made, as determined by
the Secretary of Labor, to protect the interests of employees affected
by such assistance. Such protective arrangements shall include, without
being limited to, such provisions as may be necessary for (1) the
preservation of rights, privileges, and benefits (including continuation
of pension rights and benefits) under existing collective bargaining
agreements or otherwise; (2) the continuation of collective bargaining
rights; (3) the protection of individual employees against a worsening
of their positions with respect to their employment; (4) assurances of
employment to employees of acquired mass transportation systems and
priority of reemployment of employees terminated or laid off; and (5)
paid training or retraining programs. Such arrangements shall include
provisions protecting individual employees against a worsening of their
positions with respect to their employment which shall in no event
provide benefits less than those established pursuant to section 11347
of title 49. The contract for the granting of any such assistance shall
specify the terms and conditions of the protective arrangements.
(Pub. L. 88-365, 13, formerly 10, July 9, 1964, 78 Stat. 307,
renumbered and amended Pub. L. 89-562, 2(a)(1), (b)(2), Sept. 8, 1966,
80 Stat. 715, 716; Pub. L. 90-19, 20(a), May 25, 1967, 81 Stat. 25.)
The Davis-Bacon Act, as amended, referred to in subsec. (a), is act
Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to sections 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat.
1267), referred to in subsec. (b), is set out in the Appendix to Title
5, Government Organization and Employees.
In subsec. (c), ''section 11347 of title 49'' substituted for
''section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as
amended (49 U.S.C. 5(2)(f))'' on authority of Pub. L. 95-473, 3(b),
Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted
subtitle IV ( 10101 et seq.) of Title 49, Transportation.
1967 -- Subsec. (a). Pub. L. 90-19 substituted ''Secretary'' for
''Administrator'' wherever appearing.
1966 -- Subsec. (c). Pub. L. 89-562, 2(b)(2), substituted ''under
section 1602 of this Appendix'' for ''under this chapter''.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under sections 1602, 1603, and 1604 of this Appendix required
to enable Secretary of Housing and Urban Development to advise and
assist Secretary of Transportation to make findings and determinations
under sections 1602(c)(1), and 1603(a), and 1604 of this Appendix and to
establish jointly with Secretary of Transportation criteria referred to
in first sentence of section 1603(a) of this Appendix, see Reorg. Plan
No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set
out under section 1608 of this Appendix.
49 USC 1610. Environmental protection
TITLE 49, APPENDIX -- TRANSPORTATION
(a) National policy; cooperation with other Federal departments and
agencies
It is hereby declared to be the national policy 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, in the planning, designing, and
construction of urban mass transportation projects for which Federal
assistance is provided pursuant to section 1602 of this Appendix. In
implementing this policy the Secretary shall cooperate and consult with
the Secretaries of Agriculture, Health and Human Services, Housing and
Urban Development, and Interior, and with the Council on Environmental
Quality with regard to each project that may have a substantial impact
on the environment.
(b) Review of hearing transcripts
The Secretary shall review each transcript of hearing submitted
pursuant to section 1602(d) of this Appendix to assure that an adequate
opportunity was afforded for the presentation of views by all parties
with a significant economic, social, or environmental interest, and that
the project application includes a detailed statement on --
(1) the environmental impact of the proposed project,
(2) any adverse environmental effects which cannot be avoided should
the proposal be implemented,
(3) alternatives to the proposed project, and
(4) any irreversible and irretrievable impact on the environment
which may be involved in the proposed project should it be implemented.
(c) Findings; inadequate record; notice and hearing
The Secretary shall not approve any application for assistance under
section 1602 of this Appendix unless he finds in writing, after a full
and complete review of the application and of any hearings held before
the State or local public agency pursuant to section 1602(d) of this
Appendix, that (1) adequate opportunity was afforded for the
presentation of views by all parties with a significant economic,
social, or environmental interest, and fair consideration has been given
to the preservation and enhancement of the environment and to the
interest of the community in which the project is located, and (2)
either no adverse environmental effect is likely to result from such
project, or there exists no feasible and prudent alternative to such
effect and all reasonable steps have been taken to minimize such effect.
In any case in which a hearing has not been held before the State or
local agency pursuant to section 1602(d) of this Appendix, or in which
the Secretary determines that the record of hearings before the State or
local public agency is inadequate to permit him to make the findings
required under the preceding sentence, he shall conduct hearings, after
giving adequate notice to interested persons, on any environmental
issues raised by such application. Findings of the Secretary under this
subsection shall be made a matter of public record.
(Pub. L. 88-365, 14, formerly 11, July 9, 1964, 78 Stat. 308,
renumbered Pub. L. 89-562, 2(a)(1), Sept. 8, 1966, 80 Stat. 715, and
amended Pub. L. 90-19, 20(a), May 25, 1967, 81 Stat. 25; Pub. L.
91-453, 6, Oct. 15, 1970, 84 Stat. 966; Pub. L. 96-88, title V, 509(
b), Oct. 17, 1979, 93 Stat. 695.)
1970 -- Pub. L. 91-453 broadened existing air pollution control
requirement that in planning, designing, and constructing mass
transportation projects financed under this chapter, special effort be
made to preserve the natural beauty of the physical environment and
important historical and cultural assets, and required the Secretary, in
carrying out this policy, to cooperate and consult with the Secretaries
of Agriculture, Health, Education, and Welfare, Housing and Urban
Development, and Interior and with the Council on Environmental Quality,
with regard to each project that may have a substantial impact on the
environment, and to provide a fair opportunity for the presentation of
views on the impact of the proposed project on the environment, and to
make a finding that no adverse environmental effect is likely to result
from the project, or that there is no feasible and prudent alternative
to it.
1967 -- Pub. L. 90-19 substituted ''Secretary'' for
''Administrator''.
Reference to Secretary of Health and Human Services substituted for
reference to Secretary of Health, Education, and Welfare in subsec. (a)
pursuant to section 509(b) of Pub. L. 96-88 which is classified to
section 3508(b) of Title 20, Education.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under sections 1602, 1603, and 1604 of this Appendix required
to enable Secretary of Housing and Urban Development to advise and
assist Secretary of Transportation to make findings and determinations
under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to
establish jointly with Secretary of Transportation criteria referred to
in first sentence of section 1603(a) of this Appendix, see Reorg. Plan
No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set
out under section 1608 of this Appendix.
49 USC 1611. Reporting system and uniform system of accounts;
development, testing, etc.; purposes; implementation; coverage as
precondition for future award of grants; report to Congress
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall by January 10, 1977, develop, test, and
prescribe a reporting system to accumulate public mass transportation
financial and operating information by uniform categories and a uniform
system of accounts and records. Such systems shall be designed to
assist in meeting the needs of individual public mass transportation
systems, Federal, State, and local governments, and the public for
information on which to base planning for public transportation
services, and shall contain information appropriate to assist in the
making of public sector investment decisions at all levels of
government. The Secretary is authorized to develop and test these
systems in consultation with interested persons and organizations. The
Secretary is authorized to carry out this subsection independently, or
by grant or contract (including working arrangements with other Federal,
State, or local government agencies). The Secretary is authorized to
request and receive such information or data as he deems appropriate
from public or private sources.
(b) After July 1, 1978, the Secretary shall not make any grant under
section 1604 or 1607a of this Appendix unless the applicant for such
grant and any person or organization to receive benefits directly from
that grant are each subject to both the reporting system and the uniform
system of accounts and records prescribed under subsection (a) of this
section.
(c) The Secretary shall, not later than July 1, 1979, report to
Congress on the systems prescribed under authority of this section,
together with his recommendations for any further legislation, if any,
he deems necessary in connection with such systems.
(Pub. L. 88-365, 15, formerly 12, July 9, 1964, 78 Stat. 308,
renumbered and amended Pub. L. 89-562, 2(a)(1), 4, Sept. 8, 1966, 80
Stat. 715, 717; Pub. L. 91-453, 7, Oct. 15, 1970, 84 Stat. 967; Pub.
L. 93-503, title I, 111, Nov. 26, 1974, 88 Stat. 1573; Pub. L. 95-599,
title III, 310, Nov. 6, 1978, 92 Stat. 2748; Pub. L. 97-424, title III,
304(c), Jan. 6, 1983, 96 Stat. 2150.)
1983 -- Subsec. (b). Pub. L. 97-424 substituted ''section 1604 or
1607a'' for ''section 1604''.
1978 -- Subsec. (c). Pub. L. 95-599 added subsec. (c).
1974 -- Pub. L. 93-503 designated existing provisions as subsec.
(a), substituted provisions requiring the Secretary to develop, test,
and prescribe a reporting system and uniform system of accounts for
public mass transportation systems for provisions setting forth
limitations for grants within one State, and added subsec. (b).
1970 -- Pub. L. 91-453 inserted provision that capital grants made
on or after July 1, 1970, under section 1602 of this title, for projects
in any one State, may not exceed in the aggregate 12 1/2 percent of the
aggregate amount of funds authorized to be obligated under section
1603(c) of this Appendix, except that 15 percent of the aggregate amount
of the funds authorized to be obligated under section 1603(c) of this
Appendix may be used by the Secretary, without regard to the 12 1/2
percent limitation, for grants in States where more than two-thirds of
the funds available under the 12 1/2 percent limitation had been
obligated and that in the computation of State limitations, grants for
relocation payments were to be excluded, and further provided for an
equitable distribution of grants made under section 1602 of this
Appendix when the project is in pursuance of a specified interstate
compact.
1966 -- Pub. L. 89-562, 4, inserted proviso authorizing the
Secretary, without regard to the 12 1/2 per centum limitation, to enter
into contracts for grants under section 1602 of this title aggregating
not to exceed $12,500,000 with local public bodies and agencies in
States where more than two-thirds of the maximum grants permitted in the
respective States had been obligated.
Transfer to Secretary of Transportation of functions of Department of
Housing and Urban Development and of Secretary of Housing and Urban
Development under this chapter, except authority to make grants for or
undertake projects or activities under sections 1605(a), 1607a, and
1607c of this Appendix as primarily concern relationship of urban
transportation systems to comprehensive planned development of urban
areas or role of transportation planning in overall urban planning and
functions under sections 1602, 1603, and 1604 of this Appendix required
to enable Secretary of Housing and Urban Development to advise and
assist Secretary of Transportation to make findings and determinations
under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to
establish jointly with Secretary of Transportation criteria referred to
in first sentence of section 1603(a) of this Appendix, see Reorg. Plan
No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set
out under section 1608 of this Appendix.
49 USC 1612. Planning and design of mass transportation facilities to
meet special needs of elderly persons and persons with disabilities
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Congressional declaration of policy
It is hereby declared to be the national policy that elderly persons
and persons with disabilities have the same right as other persons to
utilize mass transportation facilities and services; that special
efforts shall be made in the planning and design of mass transportation
facilities and services so that the availability to elderly persons and
persons with disabilities of mass transportation which they can
effectively utilize will be assured; and that all Federal programs
offering assistance in the field of mass transportation (including the
programs under this chapter) should contain provisions implementing this
policy.
(b) Grants and loans for special projects to meet needs of elderly
persons and persons with disabilities
In addition to the grants and loans otherwise provided for under this
chapter, the Secretary is authorized to make grants and loans --
(1) to States and local public bodies and agencies thereof for the
specific purpose of assisting them in providing mass transportation
services which are planned, designed, and carried out so as to meet the
special needs of elderly persons and persons with disabilities, with
such grants and loans being subject to all of the terms, conditions,
requirements, and provisions applicable to grants and loans made under
section 1602(a) of this Appendix and being considered for the purposes
of all other laws to have been made under such section;
(2) to the Governor of each State for allocation to private nonprofit
corporations and associations for the specific purpose of assisting them
in providing transportation services meeting the special needs of
elderly persons and persons with disabilities for whom mass
transportation services planned, designed, and carried out under
paragraph (1) are unavailable, insufficient, or inappropriate or to
public bodies approved by the State to coordinate services for elderly
persons and persons with disabilities or to public bodies which certify
to the Governor that no nonprofit corporations or associations are
readily available in an area to provide the service under this
subsection, with such grants and loans being subject to such terms,
conditions, requirements, and provisions (similar insofar as may be
appropriate to those applicable to grants and loans under paragraph (1))
as the Secretary may determine to be necessary or appropriate for
purposes of this paragraph; and
(3) eligible capital expenses under this section may include, at the
option of the recipient, the acquisition of transportation services
under a contract, lease, or other arrangement.
Of the total amount authorized to be appropriated pursuant to section
1617(a)(2) of this Appendix, 3.5 per centum may be set aside and used
exclusively to finance the programs and activities authorized by this
subsection (including administrative costs).
(c) Apportionment and use of funds
(1) State program of projects
Funds made available for purposes of subsection (b) of this section
may be used for transportation projects to assist in the provision of
transportation services for elderly persons and persons with
disabilities which are included in a State program of projects. Such
programs 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 Federal sources.
(2) Apportionment
Sums made available for expenditure for purposes of subsection (b) of
this section shall be apportioned to the States on the basis of a
formula administered by the Secretary which shall take into
consideration the number of elderly persons and persons with
disabilities in each State.
(3) Transfer of amounts
Any amounts of a State's apportionment under this subsection that
remain available for obligation at the beginning of the 90-day period
before the expiration of the period of availability of such amounts
shall be available to the Governor for transfer to supplement funds
apportioned to the State under section 1614(a) of this Appendix or
section 1607a(d) of this Appendix.
(4) Leasing of vehicles
The Secretary shall, not later than 60 days following December 18,
1991, issue regulations to allow vehicles purchased under this section
to be leased to local public bodies and agencies for the purpose of
improving transportation services designed to meet the special needs of
elderly persons and persons with disabilities.
(d) Financing of research, development, and demonstration projects
Of any amounts made available to finance research, development, and
demonstration projects under section 1605 of this title after October
15, 1970, 1 1/2 per centum may be set aside and used exclusively to
increase the information and technology which is available to provide
improved transportation facilities and services planned and designed to
meet the special needs of elderly persons and persons with disabilities.
(e) Publication of proposed regulations; promulgation of final
regulations; notice and opportunity for comment
In carrying out subsection (a) of this section, section 165(b) of the
Federal-Aid Highway Act of 1973, and section 794 of title 29 (consistent
with any applicable Government-wide standards for the implementation of
such section 794 of title 29), the Secretary shall, not later than
ninety days after January 6, 1983, publish in the Federal Register for
public comment, proposed regulations and, not later than one hundred and
eighty days after January 6, 1983, promulgate final regulations,
establishing (1) minimum criteria for the provision of transportation
services to handicapped and elderly individuals by recipients of Federal
financial assistance under this chapter or under any provision of law
referred to in section 165(b) of the Federal-Aid Highway Act of 1973,
and (2) procedures for the Secretary to monitor recipients' compliance
with such criteria. Such regulations shall include provisions for
ensuring that organizations and groups representing such individuals are
given adequate notice of and opportunity to comment on the proposed
activities of recipients for the purpose of achieving compliance with
such regulations.
(f) Meal delivery service to homebound persons
Transit service providers receiving assistance under this section or
section 1614(a) of this Appendix may coordinate and assist in providing
meal delivery service for homebound persons on a regular basis if the
meal delivery services do not conflict with the provision of transit
services or result in a reduction of service to transit passengers.
(Pub. L. 88-365, 16, as added Pub. L. 91-453, 8, Oct. 15, 1970, 84
Stat. 967, and amended Pub. L. 93-87, title III, 301(g), Aug. 13, 1973,
87 Stat. 295; Pub. L. 95-599, title III, 311, Nov. 6, 1978, 92 Stat.
2748; Pub. L. 97-424, title III, 317(a), (c), Jan. 6, 1983, 96 Stat.
2153; Pub. L. 100-17, title III, 321, 327(a)(4), Apr. 2, 1987, 101
Stat. 235, 238; Pub. L. 102-240, title III, 3021, Dec. 18, 1991, 105
Stat. 2110.)
Section 165(b) of the Federal-Aid Highway Act of 1973, referred to in
subsec. (e), is section 165(b) of Pub. L. 93-87, title I, Aug. 13,
1973, 87 Stat. 282, as amended, which is set out as a note under
section 142 of Title 23, Highways.
December 18, 1991, referred to in subsec. (c)(4), was in the
original ''the enactment of the Federal Transit Act'', which was
translated as meaning the date of enactment of Pub. L. 102-240, which
enacted subsec. (c) of this section, to reflect the probable intent of
Congress.
1991 -- Subsecs. (a), (b)(1). Pub. L. 102-240, 3021(1), substituted
''elderly persons and persons with disabilities'' for ''elderly and
handicapped persons'' in two places.
Subsec. (b)(2). Pub. L. 102-240, 3021(1)-(3), inserted ''to the
Governor of each State for allocation'' before ''to provide'',
substituted ''elderly persons and persons with disabilities'' for
''elderly and handicapped persons'', and inserted ''or to public bodies
approved by the State to coordinate services for elderly persons and
persons with disabilities or to public bodies which certify to the
Governor that no nonprofit corporations or associations are readily
available in an area to provide the service under this subsection''
after ''inappropriate''.
Subsec. (b)(3). Pub. L. 102-240, 3021(4), added par. (3).
Subsec. (c). Pub. L. 102-240, 3021(5), (6), added subsec. (c) and
redesignated former subsec. (c) as (d).
Subsec. (d). Pub. L. 102-240, 3021(1), (5), redesignated subsec. (c)
as (d) and substituted ''elderly persons and persons with disabilities''
for ''elderly and handicapped persons''. Former subsec. (d)
redesignated (e).
Subsec. (e). Pub. L. 102-240, 3021(5), redesignated subsec. (d) as
(e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 102-240, 3021(7), added subsec. (f) and struck
out former subsec. (f) which read as follows: ''Notwithstanding any
other provision of this chapter, the Federal share under sections 1602,
1607a, and 1614 of this Appendix for each capital improvement project
which enhances the accessibility for elderly and handicapped persons to
public transportation service and which is not required by Federal law
(including any other provision of this chapter) shall be 95 percent of
the net project cost of such project.''
Pub. L. 102-240, 3021(1), (5), redesignated subsec. (e) as (f).
1987 -- Subsecs. (c), (d). Pub. L. 100-17, 327(a)(4), redesignated
subsec. (c), relating to promulgation of final regulations establishing
minimum criteria for transportation services for handicapped and elderly
persons, as (d).
Subsec. (e). Pub. L. 100-17, 321, added subsec. (e).
1983 -- Subsec. (b). Pub. L. 97-424, 317(a), substituted ''section
1617(a)(2) of this Appendix, 3.5 per centum'' for ''section 1603(c)(3)
of this Appendix, 2 per centum''.
Subsec. (c). Pub. L. 97-424 added subsec. (c) relating to
promulgation of final regulations establishing minimum criteria for
transportation services for handicapped and elderly persons.
1978 -- Subsec. (b). Pub. L. 95-599, 311(a), substituted ''Of the
total amount authorized to be appropriated pursuant to section 1603(c)(
3) of this Appendix, 2 per centum may be set aside and used exclusively
to finance the programs and activities authorized by this subsection
(including administrative costs)'' for ''Of the total amount of the
obligations which the Secretary is authorized to incur on behalf of the
United States under the first sentence of section 1603(c) of this
Appendix, 2 per centum may be set aside and used exclusively to finance
the programs and activities authorized by this subsection (including
administrative costs)''.
Subsec. (d). Pub. L. 95-599, 311(b), struck out subsec. (d) which
defined ''handicapped person'' for purposes of this chapter.
1973 -- Subsec. (b). Pub. L. 93-87 incorporated existing provisions
in text designated as cl. (1), added cl. (2), and substituted a rate
of ''2'' for ''1 1/2'' per centum.
Section 317(b) of Pub. L. 97-424 provided that: ''The amendment
made by subsection (a) of this section (amending this section) shall
take effect October 1, 1983.''
of Costs of Improvement
Section 321 of Pub. L. 95-599 directed Secretary of Transportation
to provide Federal financial assistance under section 1607 of this
Appendix to operators of fixed-guideway public mass transportation
systems for purpose of developing detailed estimates of cost of making
improvements to existing fixed-guideway public mass transportation
systems to make such systems accessible to and usable by handicapped
persons, to evaluate the light-rail public mass transportation mode and
the commuter rail public mass transportation mode to determine ways to
make, and desirability of making, such modes accessible to and usable by
handicapped persons to report to Congress the results of these
evaluations not later than Jan. 30, 1980.
Washington Metropolitan Area Transit Authority, payments to; Metro
accessibility to the handicapped, see section 1-2453 of District of
Columbia Code.
49 USC 1613. Emergency financial assistance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Purposes of reimbursement
The Secretary shall provide financial assistance for the purpose of
reimbursing --
(1) the Consolidated Rail Corporation, the National Railroad
Passenger Corporation, other railroads, and, if applicable, the trustee
or trustees of a railroad in reorganization in the region (as defined in
section 702 of title 45) for the costs of rail passenger service
operations conducted at a loss during the 180-day mandatory operation
period, as required under section 744(e) of title 45. Such
reimbursement shall cover all costs not otherwise paid by a State or a
local or regional transportation authority which would have been payable
by such State or authority, pursuant to regulations issued by the Office
under section 10362(b)(5) of title 49 if such regulations had been in
effect on the date of conveyance of rail properties under section
743(b)(1) of title 45; and
(2) States, local public bodies, and agencies thereof for additional
costs incurred by such States, bodies, and agencies with respect to rail
passenger service required by section 744(e)(4) of title 45.
(b) Nonapplicability
Financial assistance under subsection (a) of this section shall not
apply to intercity rail passenger service provided pursuant to an
agreement with the National Railroad Passenger Corporation which was in
effect immediately prior to such date of conveyance.
(c) Terms and conditions; exceptions; waivers
Financial assistance provided pursuant to subsection (a) of this
section shall be subject to such terms, conditions, requirements, and
provisions as the Secretary may deem necessary and appropriate with such
reasonable exceptions to requirements and provisions otherwise
applicable under this chapter as the Secretary may deem required by the
emergency nature of the assistance authorized by this section. Nothing
in this section shall authorize the Secretary to waive the provisions of
section 1609(c) of this Appendix.
(d) Federal share of costs of rail passenger service; duration
The Federal share of the costs of any rail passenger service required
by subsections (c) and (e) of section 744 of title 45 shall be as
follows:
(1) 100 percent of the costs eligible under subsections (a)(1) or
(a)(2) of this section for the 180-day mandatory operation period
required by section 744(e) of title 45;
(2) 100 percent for the 180-day period following the 180-day
mandatory operation period;
(3) 90 percent for the 12-month period succeeding the period
specified in subparagraph (2) of this subsection; and
(4) 80 percent for the period ending September 30, 1978.
(e) Applicability of other statutory provisions
The terms and provisions which are applicable to assistance provided
pursuant to this section shall be consistent, insofar as is practicable,
with the terms and provisions which are applicable to operating
assistance under section 1604 of this Appendix.
(f) Funding authority; authorization of appropriations for
liquidation of obligations funding assistance programs
To finance assistance under this section, the Secretary may incur
obligations on behalf of the United States in the form of grants,
contract agreements, or otherwise, in such amounts as are provided in
appropriations Acts, in an aggregate amount not to exceed $125,000,000.
There are authorized to be appropriated for liquidation of the
obligations incurred under this section not to exceed $40,000,000 by
September 30, 1976, $95,000,000 by September 30, 1977 and $125,000,000
by September 30, 1978, such sums to remain available until expended.
(Pub. L. 88-365, 17, as added Pub. L. 94-210, title VIII, 808, Feb.
5, 1976, 90 Stat. 143, and amended Pub. L. 95-187, 1, Nov. 16, 1977, 91
Stat. 1385; Pub. L. 95-599, title III, 312(a), (b), Nov. 6, 1978, 92
Stat. 2748; Pub. L. 100-17, title III, 327(a)(5), Apr. 2, 1987, 101
Stat. 238.)
In subsec. (a)(1), ''section 10362(b)(5) of title 49'' substituted
for ''section 715(d)(5) of title 45'' on authority of Pub. L. 95-473,
3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted
subtitle IV ( 10101 et seq.) of Title 49, Transportation.
1987 -- Subsec. (d)(4). Pub. L. 100-17, 327(a)(5), struck out '';
and'' after ''September 30, 1978.''
1978 -- Subsec. (d). Pub. L. 95-599, 312(a), inserted ''and'' after
''subsection'' in par. (3), substituted ''period ending September 30,
1978.'' for ''180-day period succeeding the period specified in
subparagraph (3) of this subsection'' in par. (4), and struck out par.
(5) mandating as the Federal share 50 percent for the 24-month period
succeeding the period specified in subpar. (4) of this subsection.
Subsec. (f). Pub. L. 95-599, 312(b), substituted ''not to exceed
$125,000,000'' for ''not to exceed $185,000,000'' and ''such sums to
remain available until expended'' for ''$155,000,000 by September 30,
1979, and $185,000,000 by September 30, 1980''.
1977 -- Subsec. (d). Pub. L. 95-187, 1(1)-(5), substituted in par.
(4) ''80 percent'' for ''50 percent'', added par. (5), and struck out
closing provisions relating to assurances to the Secretary that the
service for which assistance is sought will be continued after the
termination of assistance authorized by this section where such
assistance is provided beyond the time specified in par. (3).
Subsec. (f). Pub. L. 95-187, 1(6), substituted ''$185,000,000'' for
''$125,000,000'', inserted provisions authorizing to be appropriated for
liquidation of obligations incurred under this section not to exceed
$155,000,000 by Sept. 30, 1979, and $185,000,000 by Sept. 30, 1980,
and struck out provision that authorized sums remain available until
expended.
Pub. L. 100-202, 101(l) (title III, 330), Dec. 22, 1987, 101 Stat.
1329-358, 1329-383, provided that sums authorized under section 1613(f)
of this Appendix could be used to cover costs incurred since 1978 by
such States, bodies, and agencies as a result of discontinuation of
Conrail commuter rail services under section 1136 of the Northeast Rail
Services Act of 1981 (45 U.S.C. 744a), with the Federal share of any
cost covered under this provision to be 100 percent.
49 section 10362.
49 USC 1614. Formula grant program for areas other than urbanized areas
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Apportionment of appropriated sums
The Secretary shall apportion for expenditure in each fiscal year the
sums made available under section 1617(a) of this Appendix to carry out
this section. Such sums shall be made available for expenditure for
public transportation projects in areas other than urbanized areas on
the basis of a formula under which the Governor of each State will be
entitled to receive an amount equal to the total amount so apportioned,
multiplied by the ratio which the population of areas other than
urbanized areas in such State, as designated by the Bureau of the
Census, bears to the total population of areas other than urbanized
areas in all the States as shown by the latest available Federal census,
the population estimate prepared by the Secretary of Commerce following
the 4th year after the date of publication of such Federal census, or
the population estimate prepared by the Secretary of Commerce following
the 8th year after such date of publication, whichever is the most
recent.. /1/ Appropriations pursuant to the authority of this section
may be made in an appropriation Act for a fiscal year preceding the
fiscal year in which the appropriation is to be available for
obligation.
(b) Use of funds for transportation projects included in a State
program of projects for public transportation services; approval of
program
Funds made available under this section may be used for public
transportation projects which are included in a State program of
projects for public transportation services in areas other than
urbanized areas. Such program shall be submitted annually to the
Secretary for his approval. The Secretary shall not approve the program
unless he finds that it provides for a fair and equitable distribution
of funds within the State, including Indian reservations within the
State, and provides for the maximum feasible coordination of public
transportation services assisted under this section with transportation
services assisted by other Federal sources.
(c) Availability of sums apportioned for obligation by States
Sums apportioned under this subsection shall be available for
obligation by the Governor for a period of two years following the close
of the fiscal year for which the sums are apportioned and any amounts
remaining unobligated at the end of such period shall be reapportioned
among the States for the succeeding fiscal year. States may utilize
sums apportioned under this section for any projects eligible under this
chapter which are appropriate for areas other than urbanized areas,
including purchase of service agreements with private providers of
public transportation service, to provide local transportation service,
as defined by the Secretary, in areas other than urbanized areas.
Eligible recipients may include State agencies, local public bodies and
agencies thereof, nonprofit organizations, and operators of public
transportation services. A State administering a program of operating
assistance under this section may not limit the level or extent of use
of the Federal share for the payment of operating expenses except as
provided in this section.
(d) Use of funds for administration and technical assistance
The Secretary may permit an amount, not to exceed 15 per centum of
the amount apportioned, to be used by each State for administering this
section and for providing technical assistance to recipients of funds
under this section. Such technical assistance may include project
planning, program development, management development, coordination of
public transportation programs (public and private), and such research
as the State may deem appropriate to promote effective means of
delivering public transportation service in areas other than urbanized
areas.
(e) Federal share of construction projects
The Federal share under this chapter for any construction project
under this section shall not exceed 80 per centum of the net cost of
such construction project, as determined by the Secretary. The Federal
share under this chapter for any project for the payment of subsidies
for operating expenses, as defined by the Secretary, shall not exceed 50
per centum of the net cost of such operating expense project. At least
50 per centum of the remainder shall be provided in cash, from sources
other than Federal funds or revenues from the operation of public mass
transportation systems. Any public or private transit system funds so
provided shall be solely from undistributed cash surpluses, replacement,
or depreciation funds or reserves available in cash or new capital. For
the purpose of this subsection, the term ''Federal funds or revenues''
does not include funds received by a recipient of funds under this
section pursuant to a service agreement with a State or local social
service agency or a private social service organization.
(f) Terms and conditions of grants; application of other laws
Grants under this section shall be subject to such terms and
conditions (which are appropriate to the special needs of public
transportation in areas other than urbanized areas) as the Secretary may
prescribe. The provisions of sections 1609(c) and 1602(e)(4) of this
Appendix shall apply in carrying out projects under this section. For
the purposes of this section, the Secretary of Labor may waive any
provisions of section 1609(c) of this Appendix. Nothing under this
subsection shall affect or discharge any responsibility of the Secretary
under any other provision of Federal law.
(g) Transfer of facilities and equipment
A State may transfer facilities and equipment acquired with
assistance under this section or section 1612(b) of this Appendix to any
recipient eligible to receive assistance under this chapter with the
consent of the recipient currently in possession of such facilities or
equipment, if the facility or equipment will continue to be used in
accordance with the requirements of this section or section 1612(b) of
this Appendix, as the case may be.
(h) Rural transit assistance program
The Secretary shall establish and carry out a rural transit
assistance program in nonurbanized areas. In carrying out this
subsection, the Secretary is authorized to make grants and to enter into
direct contracts for transit research, technical assistance, training,
and related support services in nonurbanized areas.
(i) Intercity bus transportation
(1) Funding of program
Subject to paragraph (2), a State shall expend not less than 5
percent of the amounts made available to such State under this section
in fiscal year 1992, 10 percent of such amounts in fiscal year 1993, and
15 percent of such amounts in fiscal year 1994 and each fiscal year
beginning thereafter to carry out a program for the development and
support of intercity bus transportation. Eligible activities under such
a program include planning and marketing for intercity bus
transportation, capital grants for intercity bus shelters, joint-use
stops and depots, operating grants through purchase-of-service
agreements, user-side subsidies and demonstration projects, and
coordination of rural connections between small transit operations and
intercity bus carriers.
(2) Certification
A State shall not be required to comply with paragraph (1) in any
fiscal year in which the Governor certifies to the Secretary that the
intercity bus service needs of the State are being adequately met.
(3) Special rule
For fiscal year 1992, a State may meet the requirement of paragraph
(1) by expending to carry out the program described in paragraph (1) at
least 50 percent of the increase in the amount allocated to the State
under this section between fiscal year 1991 and fiscal year 1992.
(Pub. L. 88-365, 18, as added Pub. L. 95-599, title III, 313(a), Nov.
6, 1978, 92 Stat. 2748, and amended Pub. L. 97-424, title III, 316, Jan.
6, 1983, 96 Stat. 2153; Pub. L. 99-190, 101(e) (title III, 326), Dec.
12, 1985, 99 Stat. 1267, 1289; Pub. L. 100-17, title III,
322, 323, Apr. 2, 1987, 101 Stat. 235; Pub. L. 102-240, title III,
3022-3024, Dec. 18, 1991, 105 Stat. 2111, 2112.)
A prior section 1614, Pub. L. 88-365, 18, as added Pub. L. 95-187,
2, Nov. 16, 1977, 91 Stat. 1385, which related to reimbursement to
States and local bodies and agencies for the cost of financially
supporting or operating rail passenger service, was repealed by Pub. L.
95-599, title III, 312(c), Nov. 6, 1978, 92 Stat. 2748.
1991 -- Subsec. (a). Pub. L. 102-240, 3024, inserted '', the
population estimate prepared by the Secretary of Commerce following the
4th year after the date of publication of such Federal census, or the
population estimate prepared by the Secretary of Commerce following the
8th year after such date of publication, whichever is the most recent.''
after ''the latest available Federal census''.
Subsec. (g). Pub. L. 102-240, 3022, added subsec. (g) and struck out
former subsec. (g) which read as follows: ''The Secretary shall, in
cooperation with State regulatory commissions, make an evaluation of the
escalation of insurance rates for operators of public transportation in
rural areas and for providers of special transportation services for
elderly and handicapped persons. The Secretary shall, not later than
January 1, 1980, report to Congress the results of this evaluation
together with his recommendations for necessary legislation.''
Subsec. (i). Pub. L. 102-240, 3023, added subsec. (i).
1987 -- Subsec. (c). Pub. L. 100-17, 322, inserted sentence at end
prohibiting a State from limiting use of Federal share for payment of
operating expenses except as provided in this section.
Subsec. (h). Pub. L. 100-17, 323, added subsec. (h).
1985 -- Subsec. (e). Pub. L. 99-190 inserted provision directing
that, for purposes of this subsection, ''Federal funds or revenues''
does not include funds received by a recipient of funds under this
section pursuant to a service agreement with a State or local social
service agency or a private social service organization.
1983 -- Subsec. (a). Pub. L. 97-424, 316(a), substituted ''made
available under section 1617(a) of this Appendix to carry out this
section'' for ''appropriated pursuant to section 1603(e) of this
Appendix''.
Subsec. (c). Pub. L. 97-424, 316(b), substituted ''two years'' for
''three years''.
/1/ So in original.
49 USC 1615. Nondiscrimination
TITLE 49, APPENDIX -- TRANSPORTATION
(a)(1) /1/ No person in the United States shall on the grounds of
race, color, creed, national origin, sex, or age be excluded from
participation in, or denied the benefits of, or be subject to
discrimination under any project, program, or activity funded in whole
or in part through financial assistance under this chapter. The
provisions of this section shall apply to employment and business
opportunities and shall be considered to be in addition to and not in
lieu of the provisions of title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
(2) The Secretary shall take affirmative action to assure compliance
with subsection (a)(1) of this section.
(3)(A) Whenever the Secretary determines that any person receiving
financial assistance, directly or indirectly, under this chapter, has
failed to comply with subsection (a)(1) of this section, with any
Federal civil rights statute, or with any order or regulation issued
under such statute, the Secretary shall give notice of such
determination and shall require necessary action to be taken to assure
compliance with such subsection.
(B) If, within a reasonable period of time after receiving
notification pursuant to paragraph (a) of this subsection, such person
fails or refuses to comply with subsection (a)(1) of this section, the
Secretary shall --
(i) direct that no further Federal financial assistance under this
chapter be provided to such person;
(ii) refer the matter to the Attorney General with a recommendation
that an appropriate civil action be instituted;
(iii) exercise the powers and functions provided by title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or
(iv) take such other actions as may be provided by law.
(4) Whenever a matter is referred to the Attorney General pursuant to
subsection (a)(3)(B)(ii) of this section, or whenever the Attorney
General has reason to believe that any person is engaged in a pattern or
practice in violation of the provisions of this section, the Attorney
General may commence a civil action in any appropriate district court of
the United States for such relief as may be appropriate, including
injunctive relief.
(5) For purposes of this section, the term ''person'' includes one or
more governmental agencies, political subdivisions, authorities,
partnerships, associations, corporations, legal representatives, mutual
companies, joint-stock companies, trusts, unincorporated organizations,
trustees, trustees in bankruptcy, or receivers.
(Pub. L. 88-365, 19, as added Pub. L. 95-599, title III, 314, Nov.
6, 1978, 92 Stat. 2750.)
The Civil Rights Act of 1964, referred to in subsec. (a)(1), (3)(
B)(iii), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.
Title VI of the Civil Rights Act of 1964 is classified generally to
subchapter V ( 2000d et seq.) of chapter 21 of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under 2000a of Title 42 and Tables.
/1/ So in original. Section was enacted without a subsec. (b).
49 USC 1616. Human resources programs in public transportation
activities
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary is authorized to undertake, or provide financial
assistance by grant or contract for, national and local programs that
address human resource needs as they apply to public transportation
activities. Such programs may include but are not limited to employment
training programs; outreach programs to increase minority and female
employment in public transportation activities; research on public
transportation manpower and training needs; and training and assistance
for minority business opportunities. Such assistance may include
assistance in seeking venture capital, obtaining surety bonding,
obtaining management and technical services, and contracting with public
agencies organized for such purposes.
(Pub. L. 88-365, 20, as added Pub. L. 95-599, title III, 315, Nov.
6, 1978, 92 Stat. 2751.)
49 USC 1617. Authorizations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Formula grant programs
(1) From the Trust Fund
There shall be available from the Mass Transit Account of the Highway
Trust Fund only to carry out sections 1607a-2, 1607c(b), 1608( a),
1612(b), 1614, 1619, and 1622 of this Appendix, $1,150,000,000 for
fiscal year 1993, $1,190,000,000 for fiscal year 1994, $1,150,000,000
for fiscal year 1995, $1,110,000,000 for fiscal year 1996, and
$1,920,000,000 for fiscal year 1997, to remain available until expended.
(2) From general funds
In addition to the amounts specified in paragraph (1), there are
authorized to be appropriated to carry out sections 1607a, 1607c(b),
1608(a), 1612(b), 1614, 1619, and 1622 of this Appendix, and substitute
transit projects under section 103(e)(4) of title 23, $2,055,000,000 for
fiscal year 1993, $1,885,000,000 for fiscal year 1994, $1,925,000,000
for fiscal year 1995, $1,965,000,000 for fiscal year 1996, and
$2,430,000,000 for fiscal year 1997, to remain available until expended.
(3) Fiscal year 1992
There shall be available from the Mass Transit Account of the Highway
Trust Fund for fiscal year 1992, $409,710,000 to carry out section
1607a-2 of this Appendix, to remain available until expended.
(b) Section 1602 discretionary and formula grants
(1) From the Trust Fund
There shall be available from the Mass Transit Account of the Highway
Trust Fund only to carry out section 1602 of this Appendix,
$1,725,000,000 for fiscal year 1993, $1,785,000,000 for fiscal year
1994, $1,725,000,000 for fiscal year 1995, $1,665,000,000 for fiscal
year 1996, and $2,880,000,000 for fiscal year 1997, to remain available
until expended.
(2) From general funds
In addition to the amounts specified in paragraph (1), there are
authorized to be appropriated to carry out section 1602 of this
Appendix, $305,000,000 for fiscal year 1993, $265,000,000 for fiscal
year 1994, $325,000,000 for fiscal year 1995, $385,000,000 for fiscal
year 1996, and $20,000,000 for fiscal year 1997, to remain available
until expended.
(3) Fiscal year 1992
There shall be available from the Mass Transit Account of the Highway
Trust Fund for fiscal year 1992 --
(A) $1,345,000,000 to carry out section 1602 of this Appendix;
(B) $43,780,000 to carry out section 1607 of this Appendix;
(C) $55,000,000 to carry out section 1612 of this Appendix;
(D) $19,460,000 to carry out section 1622(a) of this Appendix;
(E) $20,050,000 to carry out section 1622(b) of this Appendix, of
which $12,000,000 shall be available only for part C of title VI of the
Intermodal Surface Transportation Efficiency Act of 1991; and
(F) $7,000,000 to carry out section 1607c(b) of this Appendix.
Such sums shall remain available until expended.
(4) Contractual obligations
Approval by the Secretary of a grant or contract with funds made
available under subsection (a)(1), (a)(3), (b)(1), or (b)(3) of this
section shall be deemed a contractual obligation of the United States
for payment of the Federal share of the cost of the project. Approval
by the Secretary of a grant or contract with funds made available under
subsection (a)(2) or (b)(2) of this section shall be deemed a
contractual obligation of the United States for payment of the Federal
share of the cost of the project only to the extent that amounts are
provided in advance in appropriations Acts.
(c) Set-aside for planning, programming, and research
Before apportionment in each fiscal year of the funds made available
or appropriated under subsection /1/ 1607(p) of this Appendix, an amount
equivalent to 3.0 percent of funds made available or appropriated under
subsections (a) and (b) of this section shall be made available until
expended as follows:
(1) 45 percent of such funds shall be made available for metropolitan
planning activities under section 1607(f) of this Appendix;
(2) 5 percent of such funds shall be made available to carry out
section 1614(h) of this Appendix;
(3) 20 percent of such funds shall be made available to carry out the
State program under section 1622(a) of this Appendix; and
(4) 30 percent of such funds shall be made available to carry out the
national program under section 1622(b) of this Appendix.
(d) Other set-asides
Before apportionment in each fiscal year of the funds made available
or appropriated under subsection (a) of this section, of the funds made
available or appropriated under subsections (a) and (b) of this section
--
(1) not to exceed an amount equivalent to .96 percent shall be
available for administrative expenses to carry out section 1608(a) of
this Appendix and shall be available until expended;
(2) not to exceed an amount equivalent to 1.34 percent shall be
available for transportation services to elderly persons and persons
with disabilities pursuant to the formula under section 1612(b) of this
Appendix and shall be available until expended; and
(3) $7,000,000 shall be available for the purposes of section 1607c(
b) of this Appendix relating to university transportation centers for
each of fiscal years 1993 through 1996.
(e) Completion of interstate transfer transit projects
Of the amounts remaining available each year under subsections (a)
and (b) of this section, after allocation pursuant to subsections (c)
and (d) of this section, for substitute transit projects under section
103(e)(4) of title 23, there shall be available $160,000,000 for fiscal
year 1992 and $164,843,000 for fiscal year 1993.
(f) Set-aside for rural transportation
An amount equivalent to 5.5 percent of the amounts remaining
available each year under subsection (a) of this section, after
allocation pursuant to subsections (c), (d), and (e) of this section,
shall be available pursuant to the formula under section 1614 of this
Appendix. Such sums shall remain available until expended.
(g) Section 1607a funding
The funds remaining available each year under subsection (a) of this
section, after allocation pursuant to subsections (c), (d), (e) and (f)
of this section, shall be available under section 1607a of this
Appendix.
(Pub. L. 88-365, 21, as added Pub. L. 97-424, title III, 302(a), Jan.
6, 1983, 96 Stat. 2140, and amended Pub. L. 100-17, title III, 328, Apr.
2, 1987, 101 Stat. 238; Pub. L. 102-240, title III, 3025, Dec. 18,
1991, 105 Stat. 2112.)
Part C of title VI of the Intermodal Surface Transportation
Efficiency Act of 1991, referred to in subsec. (b)(3)(E), is part C of
title VI of Pub. L. 102-240, which is set out as a note under section
1622 of this Appendix.
A prior section 1617, Pub. L. 88-365, 21, as added Pub. L. 95-599,
title III, 322, Nov. 6, 1978, 92 Stat. 2754, which related to a
terminal development program, was repealed by Pub. L. 97-424, title
III, 302(a), Jan. 6, 1983, 96 Stat. 2140.
1991 -- Pub. L. 102-240 amended section generally, substituting
present provisions for former provisions consisting of subsecs. (a) to
(i) authorizing appropriations for fiscal years 1987 through 1991.
1987 -- Pub. L. 100-17 amended section generally, substituting
provisions of subsecs. (a) to (i) authorizing appropriations for fiscal
years 1987 through 1991 for provisions formerly contained in subsecs.
(a) and (b) authorizing appropriations for fiscal years 1983 through
1986.
Pub. L. 102-143, title III, 313, Oct. 28, 1991, 105 Stat. 941, as
amended by Pub. L. 102-240, title III, 3003(b), 3004(b), Dec. 18, 1991,
105 Stat. 2088, provided that: ''The limitation on obligations for the
Discretionary Grants program of the Federal Transit Administration shall
not apply to any authority under sections 21(a)(2) and (b) of the
Federal Transit Act, as amended (49 App. U.S.C. 1617(a)( 2), (b)),
previously made available for obligation.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-516, title III, 313, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101-164, title III, 314, Nov. 21, 1989, 103 Stat. 1094.
Pub. L. 100-457, title III, 314, Sept. 30, 1988, 102 Stat. 2148.
Pub. L. 100-202, 101(l) (title III, 314), Dec. 22, 1987, 101 Stat.
1329-358, 1329-379.
Pub. L. 99-500, 101(l) (H.R. 5205, title III, 317), Oct. 18, 1986,
100 Stat. 1783-308, and Pub. L. 99-591, 101(l) (H.R. 5205, title III,
317), Oct. 30, 1986, 100 Stat. 3341-308.
Pub. L. 99-190, 101(e) (title III, 322), Dec. 19, 1985, 99 Stat.
1267, 1287.
/1/ So in original. Probably should be ''section''.
49 USC 1618. Safety authority
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
The Secretary may investigate conditions in any facility, equipment,
or manner of operation financed under this chapter which the Secretary
believes creates a serious hazard of death or injury. The investigation
should determine the nature and extent of such conditions and the means
which might best be employed to correct or eliminate them. If the
Secretary determines that such conditions do create such a hazard, he
shall require the local public body which has received funds under this
chapter to submit a plan for correcting or eliminating such condition.
The Secretary may withhold further financial assistance under this
chapter from the local public body until he approves such plan and the
local public body implements such plan.
(b) Report
Not later than 180 days after December 18, 1991, the Secretary shall
transmit to Congress a report containing --
(1) actions taken to identify and investigate conditions in any
facility, equipment, or manner of operation as part of the findings and
determinations required of the Secretary in providing grants and loans
under this chapter;
(2) actions taken by the Secretary to correct or eliminate any
conditions found to create a serious hazard of death or injury as a
condition for making funds available through grants and loans under this
chapter;
(3) a summary of all passenger-related deaths and injuries resulting
from unsafe conditions in any facility, equipment, or manner of
operation of such facilities and equipment financed in whole or in part
under this chapter;
(4) a summary of all employee-related deaths and injuries resulting
from unsafe conditions in any facility, equipment, or manner of
operation of such facilities and equipment financed in whole or in part
under this chapter;
(5) a summary of all actions taken by the Secretary to correct or
eliminate the unsafe conditions to which such deaths and injuries were
attributed;
(6) a summary of those actions taken by the Secretary to alert
transit operators of the nature of the unsafe conditions which were
found to create a serious hazard of death or injury; and
(7) recommendations to the Congress by the Secretary of any
legislative or administrative actions necessary to ensure that all
recipients of funds under this chapter will institute the best means
available to correct or eliminate hazards of death or injury, including
--
(A) a timetable for instituting actions,
(B) an estimate of the capital and operating cost to take such
actions, and
(C) minimum standards for establishing and implementing safety plans
by recipients of funds under this chapter.
(Pub. L. 88-365, 22, as added Pub. L. 97-424, title III, 318(b), Jan.
6, 1983, 96 Stat. 2154, and amended Pub. L. 102-240, title III, 3026,
Dec. 18, 1991, 105 Stat. 2114.)
A prior section 1618, Pub. L. 88-365, 22, as added Pub. L. 95-599,
title III, 323, Nov. 6, 1978, 92 Stat. 2754, which related to
intercity bus service for rural areas, was repealed by Pub. L. 97-424,
title III, 302(a), Jan. 6, 1983, 96 Stat. 2140.
1991 -- Pub. L. 102-240 designated existing provisions as subsec.
(a) and added subsec. (b).
49 USC 1618a. Testing to enhance mass transportation safety
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Definitions
As used in this section, the term --
(1) ''controlled substance'' means any substance under section 802(
6) of title 21 whose use the Secretary has determined has a risk to
transportation safety;
(2) ''person'' includes any corporation, partnership, joint venture,
association, or other entity organized or existing under the laws of the
United States, or any State, territory, district, or possession thereof,
or of any foreign country;
(3) ''Secretary'' means the Secretary of Transportation; and
(4) ''mass transportation'' means all forms of mass transportation
except those forms that the Secretary determines are covered adequately,
for purposes of employee drug and alcohol testing, by either the Federal
Railroad Safety Act of 1970 (45 U.S.C. 431 et seq.) or the Commercial
Motor Vehicle Safety Act of 1986 (49 App. U.S.C. 2701 et seq.).
(b) Testing of employees
(1) The Secretary shall, in the interest of mass transportation
safety, issue regulations within twelve months after October 28, 1991.
Such regulations shall establish a program which requires mass
transportation operations which are recipients of Federal financial
assistance under section 1602, 1607a, or 1614 of this Appendix 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 determined by
the Secretary) for use, in violation of law or Federal regulation, of
alcohol or a controlled substance. The Secretary may also issue
regulations, as the Secretary considers appropriate in the interest of
safety, for the conduct of periodic recurring testing of such employees
for such use in violation of law or Federal regulation.
(2) In issuing such regulations, the Secretary shall require that
post-accident testing of such a mass transportation employee be
conducted in the case of any accident involving mass transportation in
which occurs loss of human life, or, as determined by the Secretary,
other serious accidents involving bodily injury or significant property
damage.
(c) Rehabilitation program
The Secretary shall issue regulations setting forth requirements for
rehabilitation programs which provide for the identification and
opportunity for treatment of mass transportation employees referred to
in subsection (b)(1) of this section who are determined to have used, in
violation of law or Federal regulation, alcohol or a controlled
substance. The Secretary shall determine the circumstances under which
such employees shall be required to participate in such program.
Nothing in this subsection shall preclude a mass transportation
operation from establishing a program under this section in cooperation
with any other such operation.
(d) Procedures for testing
In establishing the program required under subsection (b) of this
section, the Secretary shall develop requirements which shall --
(1) promote, to the maximum extent practicable, individual privacy in
the collection of specimen samples;
(2) with respect to 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 subsequent amendments thereto, including mandatory guidelines which
--
(A) establish comprehensive standards for all aspects of laboratory
controlled substances testing and laboratory procedures to be applied in
carrying out this section, including standards which require the use of
the best available technology for ensuring the full reliability and
accuracy of controlled substances tests and strict procedures governing
the chain of custody of specimen samples collected for controlled
substances testing;
(B) establish the minimum list of controlled substances for which
individuals may be tested; and
(C) establish 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 all laboratories involved in the testing of any
individual under this section shall have the capability and facility, at
such laboratory, of performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation of
law or Federal regulation, of alcohol or a controlled substance by any
individual shall be confirmed by a scientifically recognized method of
testing capable of providing quantitative data regarding alcohol or a
controlled substance;
(5) provide that each specimen sample be subdivided, secured, and
labelled in the presence of the tested individual and that a portion
thereof be retained in a secure manner to prevent the possibility of
tampering, so that in the event the individual's confirmation test
results are positive the individual has an opportunity to have the
retained portion assayed by a confirmation test done independently at a
second certified laboratory if the individual requests the independent
test within three days after being advised of the results of the
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 as may be necessary and in
consultation with the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical
information (other than information relating to alcohol or a controlled
substance) of employees, except that the provisions of this paragraph
shall not preclude 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) Construction with State and local laws
(1) No State or local government shall adopt or have in effect any
law, rule, regulation, ordinance, standard, or order that is
inconsistent with the regulations issued under this section, except that
the regulations issued under this section shall not be construed to
preempt provisions of State criminal law which impose sanctions for
reckless conduct leading to actual loss of life, injury, or damage to
property, whether the provisions apply specifically to mass
transportation employees, or to the general public.
(2) Nothing in this section shall be construed to restrict the
discretion of the Secretary to continue in force, amend, or further
supplement any regulations governing the use of alcohol or controlled
substances by mass transportation employees issued before October 28,
1991.
(3) In issuing regulations under this section, the Secretary shall
only establish requirements that are consistent with the international
obligations of the United States, and the Secretary shall take into
consideration any applicable laws and regulations of foreign countries.
(f) Disqualification or dismissal
(1) As the Secretary considers appropriate, the Secretary shall
require --
(A) disqualification for an established period of time or dismissal
of any employee referred to in subsection (b)(1) of this section who is
determined to have used or to have been impaired by alcohol while on
duty; and
(B) disqualification for an established period of time or dismissal
of any such employee determined to have used a controlled substance,
whether on duty or not on duty, except as permitted for medical purposes
by law or any regulations.
(2) Nothing in this section shall be construed to supersede any
penalty applicable to a mass transportation employee under any other
provision of law.
(g) Ineligibility for Federal assistance for failure to establish
program
A person shall not be eligible for Federal financial assistance under
section 1602, 1607a, or 1614 of this Appendix or section 103(e)( 4) of
title 23, if such person --
(1) is required, under regulations prescribed by the Secretary under
this section, to establish a program of alcohol and controlled
substances testing; and
(2) fails to establish such a program in accordance with such
regulations.
(Pub. L. 102-143, title V, 6, Oct. 28, 1991, 105 Stat. 962.)
The Federal Railroad Safety Act of 1970, referred to in subsec. (a)(
4), is title II of Pub. L. 91-458, Oct. 16, 1970, 84 Stat. 971, as
amended, which is classified generally to subchapter II ( 431 et seq.)
of chapter 13 of Title 45, Railroads. For complete classification of
this Act to the Code, see Short Title note set out under section 421 of
Title 45 and Tables.
The Commercial Motor Vehicle Safety Act of 1986, referred to in
subsec. (a)(4), is title XII of Pub. L. 99-570, Oct. 27, 1986, 100
Stat. 3207-170, as amended, which is classified generally to chapter 36
( 2701 et seq.) of this Appendix. For complete classification of this
Act to the Code, see Short Title note set out under section 2701 of this
Appendix and Tables.
Section was enacted as part of the Department of Transportation and
Related Agencies Appropriations Act, 1992, and not as part of the
Federal Transit Act which comprises this chapter.
49 USC 1619. Project management oversight
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority to use funds
Beginning October 1, 1987, the Secretary may use not to exceed 1/2 of
1 percent of the funds made available for any fiscal year to carry out
sections 1 1602, 1607a, or 1614 of this Appendix, or interstate transfer
transit projects 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 to contract with any person to oversee the
construction of any major project under any such section. In addition
to such amounts, the Secretary may as necessary use not more than 1/4 of
1 percent of the funds made available in any fiscal year to carry out a
major project under section 1602 of this Appendix to contract with any
person to oversee the construction of such major project.
(b) Federal share
Any contract entered into under this subsection shall provide for the
payment by the Secretary of 100 percent of the cost of carrying out the
contract.
(c) Access to sites and records
Each recipient of assistance under this chapter or section 14(b) of
the National Capital Transportation Act of 1969 shall provide the
Secretary and a contractor chosen by the Secretary in accordance with
subsection (a) of this section such access to its construction sites and
records as may be reasonably required.
(d) Requirement for plan
As a condition of Federal financial assistance for a major capital
project under this chapter or the National Capital Transportation Act of
1969, the Secretary shall require the recipient to prepare, and, after
approval by the Secretary, implement a project management plan which
meets the requirements of subsection (e) of this section.
(e) Contents of plan
A project management plan shall, as required in each case by the
Secretary, provide for --
(1) adequate recipient staff organization complete 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 such miscellaneous payments as
the recipient may be prepared to justify;
(3) a construction schedule;
(4) a document control procedure and recordkeeping system;
(5) a change order procedure which 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 and for system installation and
integration of system components;
(8) materials 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 with respect to such
items as project budget and project schedule, financing, ridership
estimates, and where applicable, the status of local efforts to enhance
ridership in cases where ridership estimates are contingent, in part,
upon the success of such efforts; and
(12) the recipient's commitment to make monthly submissions of
project budget and project schedule to the Secretary.
(f) Regulations
The Secretary shall promulgate such regulations as may be necessary
to implement the provisions of this section. Such regulations shall be
published in proposed form for comment in the Federal Register and shall
be submitted for review 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 not later than 60 days
after April 2, 1987, and shall be promulgated in final form not later
than 180 days after April 2, 1987. Such regulations shall, at a
minimum, include the following:
(1) A definition of the term ''major capital project'' for the
purpose of subsection (a) of this section. Such definition shall
exclude projects for the acquisition of vehicles or other rolling stock,
or for the performance of vehicle maintenance or rehabilitation.
(2) A requirement that, in order to maximize the transportation
benefits and cost savings associated with project management oversight,
such oversight shall begin during the preliminary engineering stage of a
project. The requirement of this paragraph shall not apply if the
Secretary finds that it is more appropriate to initiate such oversight
during another stage of the project.
(g) Approval
The Secretary shall approve a plan submitted pursuant to subsection
(d) of this section within 60 days following its submittal. In the event
that approval cannot be completed within 60 days, the Secretary shall
notify the recipient that approval cannot be completed within 60 days,
explain the reasons for the delay, and estimate how much additional time
will be required for completion. If a plan is disapproved, the
Secretary shall inform the recipient of the reasons.
(h) Safety, financial, and procurement compliance reviews
In addition to the purposes provided for under subsection (a) of this
section, the funds made available under subsections (a)(1) through (5)
/2/ of this section may be used by the Secretary to contract with any
person to provide safety, procurement, management and financial
compliance reviews, and audits of any recipient of funds under any such
subsection. Any contract entered into under this subsection shall not
be subject to the requirements of subsection (d), (e), (f), or (g) of
this section.
(Pub. L. 88-365, 23, as added Pub. L. 100-17, title III, 324(a), Apr.
2, 1987, 101 Stat. 235, and amended Pub. L. 101-164, title III, 340,
Nov. 21, 1989, 103 Stat. 1099; Pub. L. 102-240, title III, 3027, Dec.
18, 1991, 105 Stat. 2115.)
The National Capital Transportation Act of 1969, referred to in
subsecs. (a), (c), and (d), is Pub. L. 91-143, Dec. 9, 1969, 83 Stat.
320, as amended, which amended section 24 of Title 12, Banks and
Banking, and section 684 of Title 40, Public Buildings, Property, and
Works, and repealed sections 651, 652, 661 to 665, 671, 682, and 683 of
Title 40 and provisions set out as notes under section 651 of Title 40.
Section 14(b) of that Act was not classified to the Code. For complete
classification of this Act to the Code, see Tables.
Subsections (a)(1) through (5) of this section, referred to in
subsec. (h), were struck out by Pub. L. 102-240. See 1991 Amendment
note below.
1991 -- Subsec. (a). Pub. L. 102-240 substituted '' 1/2 of 1 percent
of the funds made available for any fiscal year to carry out sections
1602, 1607a, or 1614 of this Appendix, or interstate transfer transit
projects 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 to contract with any person to oversee the construction of any
major project under any such section. In addition to such amounts, the
Secretary may as necessary use not more than 1/4 of 1 percent of the
funds made available in any fiscal year to carry out a major project
under section 1602 of this Appendix to contract with any person to
oversee the construction of such major project.'' for '' 1/2 of 1
percent of -- '' and struck out pars. (1) to (5) which authorized use
of funds for projects under sections 1602, 1603, 1607a, 1614, and 1617
of this Appendix, section 103(e)(4) of title 23, or the National Capital
Transportation Act of 1969.
1989 -- Subsec. (h). Pub. L. 101-164 added subsec. (h).
/1/ So in original. Probably should be ''section''.
/2/ See References in Text note below.
49 USC 1620. Crime prevention and security
TITLE 49, APPENDIX -- TRANSPORTATION
From funds made available pursuant to section 1617 of this Appendix,
the Secretary is authorized to make capital grants to public mass
transit systems for crime prevention and security. None of the
provisions of this chapter may be construed to prohibit the financing of
projects under this section where law enforcement responsibilities are
vested in a local public body other than the grant applicant.
(Pub. L. 88-365, 24, as added Pub. L. 100-17, title III, 325, Apr.
2, 1987, 101 Stat. 237.)
49 USC 1621. Bicycle facilities
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Eligibility
For purposes of this chapter, 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 racks or other equipment for transporting
bicycles on mass transportation vehicles shall be deemed to be a
construction project eligible for assistance under sections 1602, 1607a,
and 1614 of this Appendix.
(b) Federal share
Notwithstanding sections 1603(a), 1607a(k), and 1614(e) of this
Appendix, the Federal share under this chapter for any 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 racks or other equipment for
transporting bicycles on mass transportation vehicles shall be 90
percent of the cost of such project.
(Pub. L. 88-365, 25, as added Pub. L. 100-17, title III, 326, Apr.
2, 1987, 101 Stat. 237.)
49 USC 1622. Planning and research program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) State program
The funds made available under section 1617(c)(3) of this Appendix
shall be available for State programs as follows:
(1) Transit cooperative research program
50 percent of that amount shall be available for the transit
cooperative research program to be administered as follows:
(A) Independent governing board
The Secretary shall establish an independent governing board for such
program to recommend mass transportation research, development, and
technology transfer activities as the Secretary deems appropriate.
(B) National Academy of Sciences
The Secretary may make grants to, and enter into cooperative
agreements with, the National Academy of Sciences to carry out such
activities as the Secretary determines are appropriate.
(2) State planning and research
The remaining 50 percent of that amount shall be apportioned to the
States for grants and contracts consistent with the purposes of sections
1605, 1607, 1607b, 1607c, and 1616 of this Appendix.
(A) Apportionment formula
Amounts shall be apportioned to the States in the ratio which the
population in urbanized areas in each State bears to the total
population in urbanized areas, in all the States as shown by the latest
available decennial census, except that no State shall receive less than
1/2 of 1 percent of the amount apportioned under this section.
(B) Allocation within a State
A State may authorize a portion of its funds made available under
this subsection to be used to supplement funds available under
subsection (a)(1) of this section, as the State deems appropriate.
(b) National program
(1) In general
The funds made available under section 1617(c)(4) of this Appendix,
shall be available to the Secretary for grants or contracts for the
purposes of section 1605, 1607, 1607b, 1607c, or 1616 of this Appendix,
as the Secretary deems appropriate.
(2) Compliance with ADA
Of the amounts available under paragraph (1), the Secretary shall
make available not less than $2,000,000 to provide transit-related
technical assistance, demonstration programs, research, public
education, and other activities that the Secretary deems appropriate to
help transit providers achieve compliance 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 subsection through
contract with a national nonprofit organization serving persons with
disabilities with demonstrated capacity to carry out these activities.
(3) Special initiatives
Of the amounts available under paragraph (1), an amount not to exceed
25 percent shall be available to the Secretary for special demonstration
initiatives subject to such terms, conditions, requirements, and
provisions as the Secretary deems consistent with the requirements of
this chapter, except that the provisions of section 1602(e)(4) of this
Appendix shall apply to operational grants funded for purposes of
section 1605 of this Appendix. For nonrenewable grants that do not
exceed $100,000, the Secretary shall provide expedited procedures
governing compliance with requirements of this chapter.
(4) Technology development
(A) Program
The Secretary is authorized to undertake a program of transit
technology development in coordination with affected entities.
(B) Industry Technical Panel
The Secretary shall establish an Industry Technical Panel consisting
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 the identification of priority technology development areas
and in establishing guidelines for project development, project cost
sharing, and project execution.
(C) Guidelines
The Secretary shall develop guidelines for cost sharing in technology
development projects funded under this section. Such guidelines shall
be flexible in nature and reflect the extent of technical risk, market
risk, and anticipated supplier benefits and pay back periods.
(5) Advanced fare collection technology pilot project
From amounts authorized under section 1617(c)(4) of this Appendix,
the Secretary shall make available $1,000,000 in fiscal year 1992 for
the purpose of conducting a pilot project to evaluate, develop, and test
advanced fare technology systems. Such project shall be carried out by
the Washington Metropolitan Transit Authority.
(6) Inertial navigation technology transfer
(A) Project
There is authorized to be appropriated from amounts made available
under section 1617(c) of this Appendix, $1,000,000 for fiscal year 1992
to support an inertial navigation system demonstration project for the
purpose of determining the safety, economic, and environmental benefits
of deploying inertial navigation tracking and control systems in urban
and rural environments.
(B) Public-private sector participants
The project described in subparagraph (A) shall be conducted by the
Transit Safety Research Alliance, a nonprofit public-private sector
consortium based in Pittsburgh, Pennsylvania.
(7) Supplementary funds
The Secretary may use funds appropriated under this subsection to
supplement funds available under subsection (a)(1) of this section, as
the Secretary deems appropriate.
(8) Federal share
Where there would be a clear and direct financial benefit to an
entity under a grant or contract funded under this subsection or
subsection (a)(1) of this section, the Secretary shall establish a
Federal share consistent with that benefit.
(c) Suspended light rail system technology pilot project
(1) Full funding grant agreement
Not later than 60 days after the fulfillment of the requirements
under paragraph (5), the Secretary shall negotiate and enter into a full
funding grant agreement under section 1602 of this Appendix with a
public entity selected under paragraph (4) for construction of a
suspended light rail system technology pilot project.
(2) Project purpose
The purpose of the project under this subsection shall be to assess
the state of new technology for a suspended light rail system and to
determine the feasibility and costs and benefits of using such a system
for transporting passengers.
(3) Project description
The project under this subsection shall --
(A) utilize new rail technology with individual vehicles on a
prefabricated, elevated steel guideway;
(B) be stability seeking with a center of gravity for the detachable
passenger vehicles located below the point of wheel-rail contact; and
(C) utilize vehicles which are driven by overhead bogies with high
efficiency, low maintenance electric motors for each wheel, operating in
a slightly sloped plane from vertical for both the wheels and the
running rails, to further increase stability, acceleration, and braking
performance.
(4) Competition
(A) In general
Notwithstanding any other provision of law, the Secretary shall
conduct a national competition to select a public entity with which to
enter into a full funding grant agreement under paragraph (1) for
construction of the project under this subsection.
(B) Publication of notice
Not later than 30 days after December 18, 1991, the Secretary shall
publish in the Federal Register notice of the competition to be
conducted under this paragraph, together with procedures for public
entities to participate in the competition.
(C) Selection of finalists
Not later than 120 days after December 18, 1991, the Secretary shall
select 3 public entities to be finalists in the competition under this
paragraph.
(D) Award of grants
The Secretary shall award grants to each of the finalists selected
under subparagraph (C). Such grants shall be used by the finalists to
participate in the final phase of the competition under this paragraph
in accordance with procedures to be established by the Secretary. The
amount of such grants shall not exceed 80 percent of the costs of such
participation. No finalists may receive more than 1/3 of the amount
made available under paragraph (9)(C).
(E) Selection of winner
Not later than 210 days after December 18, 1991, the Secretary shall
select from among the finalists selected under subparagraph (C) the
public entity with which to enter into a full funding grant agreement
under paragraph (1).
(F) Considerations
In conducting the competition and selecting public entities under
this paragraph, the Secretary shall consider the following:
(i) The public entity's demonstrated understanding and knowledge of
the project under this section.
(ii) The public entity's technical, managerial, and financial
capacity to undertake construction, management, and operation of the
project.
(iii) Maximization of potential contributions to the cost of the
project by State, local, and private sector entities, including the
donation of in-kind services and materials.
(5) Expedited procedures
Not later than 270 days after the date of selection of a public
entity under paragraph (4), the Secretary shall approve and publish in
the Federal Register a notice announcing either (A) a finding of no
significant impact, or (B) a draft environmental impact statement for
the project under this subsection. The alternative analysis for the
project shall include a determination as to whether or not to actually
construct such project. If a draft environmental impact statement is
published, the Secretary shall, not later than 180 days after the date
of such publication, approve and publish in the Federal Register a
notice of completion of a final environmental impact statement. The
project shall not be subject to the major capital investment policy of
the Federal Transit Administration.
(6) Notice to proceed with construction
Not later than 30 days following the execution of the full funding
grant agreement under paragraph (1), the Secretary shall issue a notice
to proceed with construction.
(7) Option not to construct
Not later than the 30th day following the completion of preliminary
engineering and design for the project, the public entity selected under
paragraph (1) will make a determination on whether or not to proceed to
actual construction of the project. If such public entity makes a
determination not to proceed to such actual construction --
(A) the Secretary shall not enter into the grant agreement under
paragraph (1);
(B) any remaining sums 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 amount so credited and all other
amounts to be provided under this section to award to entities selected
under paragraph (4)(E) grants under section 1602 of this Appendix for
construction of the project described in paragraph (1).
Any grants under subparagraph (C) shall be awarded after completion
of a competitive process for selection of a grant recipient. Such
process shall be completed not later than the 60th day following the
date of the determination under this subsection.
(8) Operating cost deficits
The full funding grant agreement under paragraph (1) shall provide
that --
(A) the system vendor for the project under this section shall fund
100 percent of any deficit incurred in operating the project in the
first two years of revenue operations of the project; and
(B) the system vendor for the project under this section shall fund
50 percent of any deficit incurred in operating the project in the third
year of revenue operations of the project.
(9) Funding
(A) Preconstruction
If the systems planning, alternatives analysis, preliminary
engineering, and design and environmental impact statement are required
by law for the project under this subsection, the Secretary shall pay by
grant the Federal share of such costs (as determined under section 1602
of this Appendix) from amounts provided under such section as follows:
not less than $4,000,000 for fiscal year 1993. Such funds shall remain
available until expended.
(B) Construction
The grant agreement under paragraph (1) shall provide that the
Federal share of the construction costs of the project under this
section shall be paid by the Secretary from amounts provided under
section 1602 of this Appendix as follows: not less than $30,000,000 for
fiscal year 1994. Such funds shall remain available until expended.
(C) Grants
Grants under paragraph (4) shall be paid by the Secretary from
amounts provided under section 1602 of this Appendix as follows: not
less than $1,000,000 for fiscal year 1992. Any amounts not expended for
such grants shall be available for the Federal share of costs described
in subparagraphs (A) and (B).
(D) Operation
Notwithstanding any other provision of law, the grant agreement under
paragraph (1) shall provide with respect to the third year of revenue
operations of the project under this subsection that the Federal share
of operating costs of the project shall be paid by the Secretary from
amounts provided under this section in a sum equal to 50 percent of any
deficit incurred in operating the project in such year of revenue
operations or $300,000, whichever is less.
(10) Federal share
The Federal share of the cost of construction of the project under
this subsection shall be 80 percent of the net cost of the project.
(11) Report
Not later than January 30, 1993, and annually thereafter, the
Secretary shall transmit to Congress a report on the progress and
results of the project under this subsection.
(Pub. L. 88-365, 26, as added Pub. L. 102-240, title III, 3030, Dec.
18, 1991, 105 Stat. 2117.)
The Americans with Disabilities Act of 1990, referred to in subsec.
(b)(2), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is
classified principally to chapter 126 ( 12101 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 12101 of Title 42
and Tables.
December 18, 1991, referred to in subsec. (c)(4)(B), (C), and (E),
was in the original ''the date of the enactment of this Act'', which was
translated as meaning the date of enactment of Pub. L. 102-240, which
enacted this section, to reflect the probable intent of Congress.
Part C of title VI of Pub. L. 102-240 provided that:
''SEC. 6071. ADVANCED TRANSPORTATION SYSTEM AND ELECTRIC VEHICLE
RESEARCH AND DEVELOPMENT CONSORTIA.
''(a) General Authority. --
''(1) Proposal. -- Not later than 3 months after the date of the
enactment of this Act (Dec. 18, 1991), an eligible consortium may submit
to the Secretary a proposal for receiving grants made available under
this section for electric vehicle and advanced transportation research
and development.
''(2) Contents of proposal. -- A proposal submitted under paragraph
(1) shall include --
''(A) a description of the eligible consortium making the proposal;
''(B) a description of the type of additional members targeted for
inclusion in the consortium;
''(C) a description of the eligible consortium's ability to
contribute significantly to the development of vehicles, transportation
systems, or related subsystems and equipment, that are competitive in
the commercial market and its ability to enable serial production
processes;
''(D) a description of the eligible consortium's financing scheme and
business plan, including any projected contributions of State and local
governments and other parties;
''(E) assurances, by letter of credit or other acceptable means, that
the eligible consortium is able to meet the requirement contained in
subsection (b)(6); and
''(F) any other information the Secretary requires in order to make
selections under this section.
''(3) Grant authority. -- Except as provided in paragraph (4), not
later than 6 months after the date of the enactment of this Act (Dec.
18, 1991), the Secretary shall award grants to not less than 3 eligible
consortia. No one eligible consortium may receive more than one-third
of the funds made available for grants under this section.
''(4) Extension. -- If fewer than 3 complete applications from
eligible consortia have been received in time to permit the awarding of
grants under paragraph (3), the Secretary may extend the deadlines for
the submission of applications and the awarding of grants.
''(b) Eligibility Criteria. -- To be qualified to receive assistance
under this section, an eligible consortium shall --
''(1) be organized for the purpose of designing and developing
electric vehicles and advanced transportation systems, or related
systems or equipment, or for the purpose of enabling serial production
processes;
''(2) facilitate the participation in the consortium of small- and
medium-sized businesses in conjunction with large established
manufacturers, as appropriate;
''(3) to the extent practicable, include participation in the
consortium of defense and aerospace suppliers and manufacturers;
''(4) to the extent practicable, include participation in the
consortium of entities located in areas designated as nonattainment
areas under the Clean Air Act (42 U.S.C. 7401 et seq.);
''(5) be designed to use State and Federal funding to attract private
capital in the form of grants or investments to further the purposes
stated in paragraph (1); and
''(6) ensure that at least 50 percent of the costs of the consortium,
subject to the requirements of subsection (a)(3), be provided by
non-Federal sources.
''(c) Services. -- Services to be performed by an eligible consortium
using amounts from grants made available under this part shall include
--
''(1) obtaining funding for the acquisition of plant sites,
conversion of plant facilities, and acquisition of equipment for the
development or manufacture of advanced transportation systems or
electric vehicles, or other related systems or equipment, especially for
environmentally benign and cost-effective manufacturing processes;
''(2) obtaining low-cost, long-term loans or investments for the
purposes described in paragraph (1);
''(3) recruiting and training individuals for electric vehicle- and
transit-related technical design, manufacture, conversion, and
maintenance;
''(4) conducting marketing surveys for services provided by the
consortium;
''(5) creating electronic access to an inventory of industry
suppliers and serving as a clearinghouse for such information;
''(6) consulting with respect to applicable or proposed Federal motor
vehicle safety standards;
''(7) creating access to computer architecture needed to simulate
crash testing and to design internal subsystems and related
infrastructure for electric vehicles and advanced transportation systems
to meet applicable standards; and
''(8) creating access to computer protocols that are compatible with
larger manufacturers' systems to enable small- and medium-sized
suppliers to compete for contracts for advanced transportation systems
and electric vehicles and other related systems and equipment.
''SEC. 6072. DEFINITIONS.
''For purposes of this part, the following definitions apply:
''(1) Advanced transportation system. -- The term 'advanced
transportation system' means a system of mass transportation, such as an
electric trolley bus or alternative fuels bus, which employs advanced
technology in order to function cleanly and efficiently;
''(2) Electric vehicle. -- The term 'electric vehicle' means a
passenger vehicle, such as a van, primarily powered by an electric motor
that draws current from rechargeable storage batteries, fuel cells, or
other sources of electrical current, and that may include a
nonelectrical source of supplemental power; and
''(3) Eligible consortium. -- The term 'eligible consortium' means a
consortium of --
''(A) businesses incorporated in the United States;
''(B) public or private educational or research organizations located
in the United States;
''(C) entities of State or local governments in the United States;
or
''(D) Federal laboratories.
''SEC. 6073. FUNDING.
''Funds shall be made available to carry out this part as provided in
section 21(b)(3)(E) of the Federal Transit Act (49 App. U.S.C. 1617(
b)(3)(E)).''
49 USC 1623. Needs survey and transferability study
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Needs survey
In January 1993 and in January of every second year thereafter, the
Comptroller General shall transmit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Public Works and
Transportation of the House of Representatives a report containing an
evaluation of the extent to which current transit needs are adequately
addressed and an estimate of the future transit needs of the Nation,
including transit needs in rural areas (particularly access to health
care facilities). Such report shall include the following:
(1) An assessment of needs related to rail modernization, guideway
modernization, replacement, rehabilitation, and purchase of buses and
related equipment, construction of bus related facilities, and
construction of new fixed guideway systems and extensions to fixed
guideway systems.
(2) A 5-year projection of the maintenance and modernization needs
that will result 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 transit systems to meet changing economic, commuter, and
residential patterns.
(4) An estimate of the level of expenditure needed to satisfy the
needs identified above.
(5) An examination of existing Federal, State, and local resources as
well as private resources that are or can reasonably be expected to be
made available to support public transit.
(6) The gap between the level of expenditure estimated under
paragraph (4) and the level of resources available to meet such needs
identified under paragraph (5).
(b) Transferability study
(1) In general
In January 1993 and in January of every second year thereafter, the
Comptroller General shall transmit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Public Works and
Transportation of the House of Representatives a report on
implementation of the transferability provisions of section 1607a(j)(3)
of this Appendix.
(2) Contents
The report shall identify, by State, the amount of transit funds
transferred for nontransit purposes under such sections /1/ during the
previous fiscal year and shall include an assessment of the impact of
such transfers on the transit needs of individuals and communities
within the State. Specifically, the report shall assess the impact of
such transfers (A) on the State's ability to meet the transit needs of
elderly individuals and individuals with disabilities, (B) on efforts to
meet the objectives of the Americans With /2/ Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) and the Clean Air Act (42 U.S.C. 7401 et
seq.), and (C) on the State's efforts to extend public transit services
to unserved rural areas. The report shall also include an examination
of the relative levels of Federal transit assistance and services in
urban and rural areas in fiscal year 1991 and the extent to which such
assistance and service has increased or decreased in subsequent fiscal
years as a result of transit resources made available under this chapter
and the Intermodal Surface Transportation Efficiency Act of 1991.
(Pub. L. 88-365, 27, as added Pub. L. 102-240, title III, 3028, Dec.
18, 1991, 105 Stat. 2115.)
The Americans with Disabilities Act of 1990, referred to in subsec.
(b)(2), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is
classified principally to chapter 126 ( 12101 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 12101 of Title 42
and Tables.
The Clean Air Act, referred to in subsec. (b)(2), is act July 14,
1955, ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963,
77 Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat.
685. The Clean Air Act was originally classified to chapter 15B ( 1857
et seq.) of Title 42. On enactment of Pub. L. 95-95, the Act was
reclassified to chapter 85 ( 7401 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 7401 of this title and Tables.
The Intermodal Surface Transportation Efficiency Act of 1991,
referred to in subsec. (b)(2), is Pub. L. 102-240, Dec. 18, 1991, 105
Stat. 1914. For complete classification of this Act to the Code, see
Short Title of 1991 Amendment note set out under section 101 of Title
49, Transportation, and Tables.
/1/ So in original. Probably should be ''section''.
/2/ So in original. Probably should not be capitalized.
49 USC 1624. State responsibility for fixed guideway system safety
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Withholding of funds for noncompliance
The Secretary may withhold up to 5 percent of the amount required to
be apportioned for use in any State or urbanized area in such State
under section 1607a of this Appendix for any fiscal year beginning after
September 30, 1994, if the State in the previous fiscal year has not met
the requirements of subsection (b) of this section and the Secretary
determines that the State is not making adequate efforts to comply with
such subsection.
(b) State requirements
A State meets the requirements of this section if --
(1) the State establishes and is implementing a safety program plan
for each fixed guideway transit system in the State which establishes,
at a minimum, safety requirements, lines of authority, levels of
responsibility and accountability, and methods of documentation for such
system;
(2) the State designates an agency of the State with responsibility
to --
(A) require, review and approve, and monitor implementation of such
plans; and
(B) investigate hazardous conditions and accidents on such systems
and require corrective actions to correct or eliminate such conditions;
and
(3) in any case in which more than 1 State would be subject to this
section in connection with a single transit agency, the affected States
may designate an entity other than the transit agency to ensure uniform
safety standards and enforcement and to meet the requirements of this
subsection.
(c) Period of availability; effect of compliance and noncompliance
(1) Period of availability of withheld funds
Any funds withheld under subsection (a) of this section from
apportionment for use in any State in a fiscal year, shall remain
available for apportionment for use in such State until the end of the
second fiscal year following the fiscal year for which such funds are
authorized to be appropriated.
(2) Apportionment of withheld funds after compliance
If, before the last day of the period for which funds withheld under
subsection (a) of this section from apportionment are to remain
available for apportionment for use in a State under paragraph (1), the
State meets the requirements of subsection (b) of this section, the
Secretary shall, on the first day on which the State meets the
requirements of subsection (b) of this section, apportion to the State
the funds withheld under subsection (a) of this section that remain
available for apportionment for use in the State.
(3) Period of availability of subsequently apportioned funds
Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure until the end of the third fiscal year
succeeding the fiscal year in which such funds are apportioned pursuant
to paragraph (2). Sums not obligated at the end of such period shall be
apportioned for use in other States under section 1607a of this
Appendix.
(4) Effect of noncompliance
If, at the end of the period for which funds withheld under
subsection (a) of this section from apportionment are available for
apportionment for use in a State under paragraph (1), the State does not
meet the requirements of subsection (b) of this section, such funds
shall be apportioned for use in other States under section 1607a of this
Appendix.
(d) Limitation on applicability
This section only applies to States that have rail fixed guideway
mass transportation systems which are not subject to regulation by the
Federal Railroad Administration.
(e) Regulations
Not later than 1 year after December 18, 1991, the Secretary shall
issue regulations which set forth the requirements for complying with
subsection (b) of this section.
(Pub. L. 88-365, 28, as added Pub. L. 102-240, title III, 3029, Dec.
18, 1991, 105 Stat. 2116.)
49 USC 1625. National transit institute
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment
The Secretary shall make grants to Rutgers University to establish a
national transit institute. The institute shall develop and administer,
in cooperation with the Federal Transit Administration, State
transportation departments, public transit agencies, and national and
international entities, training programs of instruction for Federal,
State, and local transportation employees, United States citizens, and
foreign nationals engaged or to be engaged in Federal-aid transit work.
Such programs may include courses in recent developments, techniques,
and procedures relating to transit planning, management, environmental
factors, acquisition and joint use of rights-of-way, engineering,
procurement strategies for transit systems, turn-key approaches to
implementing transit systems, new technologies, emission reduction
technologies, means of making transit accessible to individuals with
disabilities, construction, maintenance, contract administration, and
inspection. The Secretary shall delegate to the institute the authority
vested in the Secretary for the development and conduct of educational
and training programs relating to transit.
(b) Funding
Not to exceed one-half of 1 percent of all funds made available for a
fiscal year beginning after September 30, 1991, to a State or public
transit agency in the State for carrying out sections 1602 and 1607a of
this Appendix shall be available for expenditure by the State and public
transit agencies in the State, subject to approval by the Secretary, for
payment of not to exceed 80 percent of the cost of tuition and direct
educational expenses in connection with the education and training of
State and local transportation department employees as provided in this
section.
(c) Provision of training
Education and training of Federal, State, and local transportation
employees authorized by this section shall be provided --
(1) by the Secretary at no cost to the States and local governments
for those subject areas which are a Federal program responsibility; or
(2) in any case where such education and training are to be paid for
under subsection (b) of this section, by the State, subject to the
approval of the Secretary, through grants and contracts with public and
private agencies, other institutions, individuals, and the institute.
(d) Funding
The Secretary shall make available in equal amounts from funds
provided under section 1617(c)(3) and 1617(c)(4) of this Appendix
$3,000,000 per fiscal year for each of fiscal years 1992, 1993, 1994,
1995, 1996, and 1997 for carrying out this section. Notwithstanding any
other provision of law, approval by the Secretary of a grant with funds
made available under this subsection shall be deemed a contractual
obligation of the United States for payment of the Federal share of the
cost of the project.
(Pub. L. 88-365, 29, as added Pub. L. 102-240, title VI, 6022, Dec.
18, 1991, 105 Stat. 2185.)
49 USC CHAPTER 22 -- HIGH-SPEED GROUND TRANSPORTATION
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 1631 to 1633. Omitted
TITLE 49, APPENDIX -- TRANSPORTATION
Sections have not been funded since the fiscal year ending June 30,
1975.
Section 1631, Pub. L. 89-220, 1, Sept. 30, 1965, 79 Stat. 893;
Pub. L. 90-423, 1(a), July 24, 1968, 82 Stat. 424; Pub. L. 92-348, 1(
a), July 13, 1972, 86 Stat. 462, authorized Secretary of Transportation
to undertake research and development in high-speed ground
transportation and door-to-door ground transportation.
Section 1632, Pub. L. 89-220, 2, Sept. 30, 1965, 79 Stat. 893;
Pub. L. 92-348, 1(b), July 13, 1972, 86 Stat. 462, authorized Secretary
of Transportation to contract for demonstrations to determine
contributions that high-speed ground transportation and door-to-door
ground transportation could make to more efficient, safe, and economical
intercity transportation systems.
Section 1633, Pub. L. 89-220, 3, Sept. 30, 1965, 79 Stat. 893,
provided that nothing in this chapter limit research and development
under section 1631 of this Appendix or demonstrations under section 1632
of this Appendix to any particular mode of high-speed ground
transportation.
49 USC 1634. Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 89-220, 4, Sept. 30, 1965, 79 Stat. 893, set
forth authority for collection and collation of transportation data.
See section 329(a) of Title 49, Transportation.
49 USC 1635 to 1641. Omitted
TITLE 49, APPENDIX -- TRANSPORTATION
Sections have not been funded since the fiscal year ending June 30,
1975.
Section 1635, Pub. L. 89-220, 5, Sept. 30, 1965, 79 Stat. 893;
Pub. L. 90-423, 1(b), July 24, 1968, 82 Stat. 424, established an
advisory committee to advise Secretary of Transportation with respect to
policy matters arising in administration of this chapter.
Section 1636, Pub. L. 89-220, 6, Sept. 30, 1965, 79 Stat. 893,
related to protective arrangements for common carrier employees and
labor standards for all laborers and mechanics employed in performance
of work financed under this chapter.
Section 1637, Pub. L. 89-220, 7, Sept. 30, 1965, 79 Stat. 894;
Pub. L. 90-423, 1(c), July 24, 1968, 82 Stat. 424, related to authority
of Secretary of Transportation to lease, purchase, develop, test, and
evaluate new facilities, equipment, and techniques.
Section 1638, Pub. L. 89-220, 8, Sept. 30, 1965, 79 Stat. 894;
Pub. L. 92-348, 2, July 13, 1972, 86 Stat. 462, related to contracts
with public and private agencies, appointment of personnel, and
procurement of services.
Section 1639, Pub. L. 89-220, 9, Sept. 30, 1965, 79 Stat. 895;
Pub. L. 90-423, 1(d), July 24, 1968, 82 Stat. 424, provided for
consultation and cooperation with other departments and agencies,
institutions, and private industry.
Section 1640, Pub. L. 89-220, 10, Sept. 30, 1965, 79 Stat. 895;
Pub. L. 96-470, title I, 112(g), Oct. 19, 1980, 94 Stat. 2240, directed
Secretary of Transportation to submit information to appropriate
committees of Congress.
Section 1641, Pub. L. 89-220, 11, Sept. 30, 1965, 79 Stat. 895;
Pub. L. 90-423, 1(e), July 24, 1968, 82 Stat. 424; Pub. L. 91-444, 1(
a), Oct. 13, 1970, 84 Stat. 915; Pub. L. 92-348, 3, July 13, 1972, 86
Stat. 463, provided for authorization of appropriations, with last such
authorization being for fiscal year ending June 30, 1975.
49 USC 1642. Repealed. Pub. L. 92-348, 4, July 13, 1972, 86 Stat. 463
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 89-220, 12, Sept. 30, 1965, 79 Stat. 895; Pub.
L. 90-423, 1(f), July 24, 1968, 82 Stat. 424; Pub. L. 91-444, 1(b),
Oct. 13, 1970, 84 Stat. 915, provided for termination of this chapter
(other than section 1634 of this Appendix) on June 30, 1972, and affect
of such termination on disbursement of funds, contract commitments, or
other obligations entered into pursuant to this chapter.
49 USC 1643. Omitted
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 89-220, 13, as added Pub. L. 93-496, 13, Oct. 28,
1974, 88 Stat. 1531, related to study by Secretary of Transportation of
feasibility of constructing a high speed ground transportation system
between Tijuana, Mexico, and Vancouver, Canada, and required submission
of a report by Secretary no later than Jan. 30, 1977, containing
conclusions drawn from his study.
49 USC CHAPTER 23 -- DEPARTMENT OF TRANSPORTATION
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
1651. Repealed.
1652. Establishment of Department.
(a) to (e) Repealed.
(f) National Traffic Safety Bureau; National Highway Safety Bureau;
establishment; appointment of Directors; transfer and continuation of
office of Federal Highway Administrator under title of Director of
Public Roads.
1652a. Repealed.
1652b. Director of Intelligence and Security.
(a) Establishment of position.
(b) Power and duties.
1653. General provisions.
(a),(b) Repealed.
(c) Judicial review of orders of Secretary and Administrators;
applicability.
(d) Carryover of authority to Secretary and Administrators from
departments and agencies formerly exercising functions and duties.
(e) to (g) Repealed.
(h) Model intermodal transportation terminal at Union Station;
authorization for design, plan, and coordination of construction; lease
or transfer of space; time for completion of design, plans and
construction; authorization of appropriations; application of other
laws.
(i) Conversion of railroad terminals into intermodal transportation
terminals; assistance by Secretary; criteria for financial assistance;
consultations; applications; preference; recordkeeping requirements;
audit and examination of books, etc.; authorization of appropriations;
definitions; eligibility under other Federal programs or plans.
1653a. Repealed.
1654. Local rail freight assistance.
(a) Eligibility of State.
(b) Scope of assistance.
(c) Prerequisites for assistance.
(d) Required uses by State.
(e) Federal and State shares.
(f) Applications by State.
(g) Start-up funds for State rail plan or projects.
(h) Procedures for distribution of funds for projects.
(i) Contingent interest for Federal share of funds in line receiving
assistance.
(j) State agreements for combining assistance.
(k) Recordkeeping requirements; audits and examinations.
(l) Interstate Commerce Commission to provide information.
(m) Listing by carriers of specified gross tonnage of freight per
mile.
(n) Methodology for calculating ratio of benefits to proposed project
costs.
(o) Funding limitations and ceilings.
(p) ''State'' defined.
(q) Authorization of appropriations.
1654a. Repealed.
1655. Transfer of functions.
(a) Powers and duties of the Secretary of Commerce and other offices
and officers of Department of Commerce relating to highways, ground
transportation generally, aircraft, and traffic and highway safety
generally.
(b) General Counsel of Department of the Treasury.
(c) Federal Aviation Agency; functions, powers, and duties of
Administrator and other offices and officers.
(d) Civil Aeronautics Board; chairman, members, officers, and
offices; transfer to National Transportation Safety Board.
(e) Interstate Commerce Commission; functions, powers, and duties
relating to safety appliances and equipment on railroad engines and
cars, protection of employees and travelers, hours of service, medals
for heroism, explosives and other dangerous articles, safety appliance
methods and systems.
(f) Retention by Interstate Commerce Commission of powers and
functions not expressly transferred.
(g) Department of the Army; functions, powers, and duties of
Secretary of the Army relating to tolls.
(h) Applicability of administrative procedure and judicial review
provisions of title 5.
(i) Alaska Railroad.
1656. Repealed.
1657. Administrative provisions.
(a) to (g) Repealed.
(h) Prohibition against reduction in classification or compensation
of transferees for one year.
(i) Lapse of transferred offices and agencies; compensation of
executive positions upon continuity of service.
(j) to (p) Repealed.
(q) Contracts for research.
1657-1. Toxicological testing of Transportation Department
employees.
(a) Post-accident or post-incident testing.
(b) Reports.
(c) Failure to comply.
1657a, 1658. Repealed.
1659. Separability.
1660. Repealed.
4916, 4917, 7572; title 49 section 302.
49 USC 1651. Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 89-670, 2, Oct. 15, 1966, 80 Stat. 931, set forth
Congressional declaration of purpose respecting establishment of
Department of Transportation. See sections 101 and 303(a) of Title 49,
Transportation.
Section 16, formerly 15, of Pub. L. 89-670 as renumbered by Pub. L.
94-210, title IX, 906, Feb. 5, 1976, 90 Stat. 149, provided that:
''(a) This Act (see Short Title note below) shall take effect ninety
days after the Secretary first takes office, or on such prior date after
enactment of this Act (Oct. 15, 1966) as the President shall prescribe
and publish in the Federal Register (See Ex. Ord. No. 11340 set out
below.)
''(b) Any of the officers provided for in this Act may
(notwithstanding subsection (a)) be appointed in the manner provided for
in this Act, at any time after the date of enactment of this Act (Oct.
15, 1966). Such officers shall be compensated from the date they first
take office, at the rates provided for in this Act. Such compensation
and related expenses of their offices shall be paid from funds available
for the functions to be transferred to the Department pursuant to this
Act.''
Pub. L. 101-213, 1, Dec. 11, 1989, 103 Stat. 1843, provided that:
''This Act (amending section 1654 of this Appendix and section 1321 of
Title 45, Railroads, and enacting provisions set out as a note under
section 1654 of this Appendix) may be cited as the 'Local Rail Service
Reauthorizing Act'.''
Pub. L. 95-607, title I, 101, Nov. 8, 1978, 92 Stat. 3059, provided
that: ''This title (enacting section 1654 of this Appendix, repealing
section 1653a of this Appendix, and enacting provisions set out as notes
under section 1654 of this Appendix) may be cited as the 'Local Rail
Service Assistance Act of 1978'.''
Section 1 of Pub. L. 89-670 provided: ''That this Act (enacting
this chapter, amending sections 312 and 1376 of this Appendix, section
19 of Title 3, The President, sections 101, 5312, 5313, 5314, 5315,
5316, and 5317 of Title 5, Government Organization and Employees,
section 801 of Title 10, Armed Forces, section 1404 of Title 15,
Commerce and Trade, section 1020 of Title 18, Crimes and Criminal
Procedure, section 401 note of Title 23, Highways, section 213 of Title
29, Labor, sections 981 and 1102 of Title 33, Navigation and Navigable
Waters, sections 201 and 206 of Appendix to Title 40, Public Buildings,
Property, and Works, and section 123 of Title 50, War and National
Defense, and enacting material set out as notes under this section,
section 101 of Title 5, and section 981 of Title 33 may be cited as the
'Department of Transportation Act'.''
Determinations, Rules, Regulations, etc.; Pending
Proceedings; Statutory References to Transferred
Offices or Officers Deemed References to Transferees
Section 13, formerly 12, of Pub. L. 89-670 as renumbered by Pub. L.
94-210, title IX, 906, Feb. 5, 1976, 90 Stat. 149, provided that:
''(a) All orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, and privileges --
''(1) which have been issued, made, granted, or allowed to become
effective --
''(A) under any provision of law amended by this Act (see Short Title
note set out above), or
''(B) in the exercise of duties, powers, or functions which are
transferred under this Act,
by (i) any department or agency, any functions of which are
transferred by this Act, or (ii) any court of competent jurisdiction,
and
''(2) which are in effect at the time this Act takes effect (see
Effective Date note set out above), shall continue in effect according
to their terms until modified, terminated, superseded, set aside, or
repealed by the Secretary, Administrators, Board, or General Counsel (in
the exercise of any authority respectively vested in them by this Act),
by any court of competent jurisdiction, or by operation of law.
''(b) The provisions of this Act shall not affect any proceedings
pending at the time this section takes effect before any department or
agency (or component thereof), functions of which are transferred by
this Act; but such proceedings, to the extent that they relate to
functions so transferred, shall be continued before the Department.
Such proceedings, to the extent they do not relate to functions so
transferred, shall be continued before the department or agency before
which they were pending at the time of such transfer. In either case
orders shall be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such orders, as if
this Act had not been enacted; and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or repealed by the Secretary, Administrators, Board, or
General Counsel (in the exercise of any authority respectively vested in
them by this Act), by a court of competent jurisdiction, or by operation
of law.
''(c)(1) Except as provided in paragraph (2) --
''(A) the provisions of this Act shall not affect suits commenced
prior to the date this section takes effect, and
''(B) in all such suits proceedings shall be had, appeals taken, and
judgments rendered, in the same manner and effect as if this Act had not
been enacted.
No suit, action, or other proceeding commenced by or against any
officer in his official capacity as an officer of any department or
agency, functions of which are transferred by this Act, shall abate by
reason of the enactment of this Act. No cause of action by or against
any department or agency, functions of which are transferred by this
Act, or by or against any officer thereof in his official capacity shall
abate by reason of the enactment of this Act. Causes of actions, suits,
actions, or other proceedings may be asserted by or against the United
States or such official of the Department as may be appropriate and, in
any litigation pending when this section takes effect, the court may at
any time, on its own motion or that of any party, enter an order which
will give effect to the provisions of this subsection.
''(2) If before the date on which this Act takes effect, any
department or agency, or officer thereof in his official capacity, is a
party to a suit, and under this Act --
''(A) such department or agency is transferred to the Secretary, or
''(B) any function of such department, agency, or officer is
transferred to the Secretary,
then such suit shall be continued by the Secretary (except in the
case of a suit not involving functions transferred to the Secretary, in
which case the suit shall be continued by the department, agency, or
officer which was a party to the suit prior to the effective date of
this Act).
''(d) With respect to any function, power, or duty transferred by
this Act and exercised after the effective date of this Act, reference
in any other Federal law to any department or agency, officer or office
so transferred or functions of which are so transferred shall be deemed
to mean the officer or agency in which this Act vests such function
after such transfer.''
Section 15, formerly 14, of Pub. L. 89-670, as renumbered by Pub.
L. 94-210, title IX, 906, Feb. 5, 1976, 90 Stat. 149, authorized the
Secretary of Transportation to submit to the Congress within two years
of Apr. 1, 1967, a proposed codification of all laws containing the
powers, duties, and functions transferred to or vested in the Secretary
or the Department by Pub. L. 89-670.
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:
By virtue of the authority vested in me as President of the United
States by Section 15 (now section 16) of the Department of
Transportation Act (Public Law 89-670, approved October 15, 1966; 80
Stat. 950) (set out as an Effective Date note above) April 1, 1967, is
hereby prescribed as the date on which the Department of Transportation
Act (see Short Title note set out above) shall take effect.
Lyndon B. Johnson.
49 USC 1652. Establishment of Department
TITLE 49, APPENDIX -- TRANSPORTATION
(a) to (e) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
(f) National Traffic Safety Bureau; National Highway Safety Bureau;
establishment; appointment of Directors; transfer and continuation of
office of Federal Highway Administrator under title of Director of
Public Roads
(1) The Secretary shall carry out the provisions of the National
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)
through a National Traffic Safety Bureau (hereafter referred to in this
paragraph as ''Bureau''), which he shall establish in the Department of
Transportation. The Bureau shall be headed by a Director who shall be
appointed by the President, by and with the advice and consent of the
Senate. All other provisions of the National Traffic and Motor Vehicle
Safety Act of 1966 shall apply.
(2) The Secretary shall carry out the provisions of the Highway
Safety Act of 1966 (23 U.S.C. 401 et seq.) (including chapter 4 of title
23) through a National Highway Safety Bureau (hereafter referred to in
this paragraph as ''Bureau''), which he shall establish in the
Department of Transportation. The Bureau shall be headed by a Director
who shall be appointed by the President, by and with the advice and
consent of the Senate. All other provisions of the Highway Safety Act
of 1966 shall apply.
(3) The President is authorized, as provided in section 201 of the
Highway Safety Act of 1966, to carry out the provisions of the National
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)
through the Bureau and Director authorized by section 201 of the Highway
Safety Act of 1966.
(4) The Office of Federal Highway Administrator, created by section
303 of title 23, is hereby transferred to and continued within the
Department under the title Director of Public Roads. The Director shall
be the operating head of the Bureau of Public Roads, or any other agency
created within the Department to carry out the primary functions carried
out immediately before the effective date of this Act by the Bureau of
Public Roads.
(Pub. L. 89-670, 3, Oct. 15, 1966, 80 Stat. 931; Pub. L. 90-83, 10(
b), Sept. 11, 1967, 81 Stat. 224; Pub. L. 93-496, 16(a), Oct. 28, 1974,
88 Stat. 1533; Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444.)
The National Traffic and Motor Vehicle Safety Act of 1966, referred
to in subsec. (f)(1), (3), is Pub. L. 89-563, Sept. 9, 1966, 80 Stat.
718, as amended, which is classified generally to chapter 38 ( 1381 et
seq.) of Title 15, Commerce and Trade. For complete classification of
this Act to the Code, see Short Title note set out under section 1381 of
Title 15 and Tables.
The Highway Safety Act of 1966, referred to in subsec. (f)(2), (3),
is Pub. L. 89-564, Sept. 9, 1966, 80 Stat. 731, as amended, which is
classified principally to chapter 4 ( 401 et seq.) of Title 23,
Highways. Section 201 of the Highway Safety Act of 1966, which was set
out as a note under section 401 of Title 23, and which provided for the
creation of National Highway Traffic Safety Administration in the
Department of Transportation, was repealed by Pub. L. 97-449, 7(b),
Jan. 12, 1983, 96 Stat. 2444, and reenacted by section 1(b) of Pub.
L. 97-449 as section 105 of Title 49, Transportation. For complete
classification of this Act to the Code, see Short Title note set out
under section 401 of Title 23 and Tables.
The effective date of this Act, referred to in subsec. (f)(4), means
the effective date of Pub. L. 89-670. See section 16 of Pub. L.
89-670, set out as an Effective Date note under section 1651 of this
title.
1983 -- Subsecs. (a) to (e). Pub. L. 97-449 struck out subsecs.
(a) to (e) which provided, respectively, for establishment of the
Department of Transportation and appointment of a Secretary of
Transportation, for appointment of a Deputy Secretary, for appointment
of Assistant Secretaries and a General Counsel, for appointment of an
Assistant Secretary for Administration, and for establishment within the
Department of a Federal Highway Administration, a Federal Railroad
Administration, and a Federal Aviation Administration. See sections
102-104, 106, 108 of Title 49, Transportation.
1974 -- Subsec. (b). Pub. L. 93-496 substituted ''Deputy Secretary''
for ''Under Secretary'' wherever appearing.
1967 -- Subsec. (f). Pub. L. 90-83 struck out provisions covering
compensation at level V of the Executive Schedule for Director of
National Traffic Safety Bureau and Director of National Highway Safety
Bureau.
Functions, powers, and duties of Investigations Division and External
Audit Division of Office of Program Review and Investigation, Federal
Highway Administration in Department of Transportation transferred to
Office of Inspector General in Department of Transportation by section
9(a)(1)(H) of Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, set out
in the Appendix to Title 5, Government Organization and Employees,
section 2 of which established such Office of Inspector General.
Bureau of Public Roads eliminated as a primary organizational unit
under Director of Public Roads in Department of Transportation and
person who headed such Bureau in post of Director of Public Roads
immediately prior to enactment of Pub. L. 91-605, Dec. 31, 1970, 84
Stat. 1713, known as the Federal-Aid Highway Act of 1970, was
authorized to act as Deputy Administrator of Federal Highway
Administration created by such Act, see section 114(c) of Pub. L.
91-605, set out as a note under section 303 of Title 23, Highways.
Administration of National Traffic and Motor Vehicle Safety Act
through the Bureau and its Director, see Ex. Ord. No. 11357, June 6,
1967, 32 F.R. 8225, set out as a note under section 1392 of Title 15,
Commerce and Trade.
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex.
Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, provided:
WHEREAS the Department of Transportation Act (Public Law 89-670, 80
Stat. 931) (See Short Title note set out under section 1651 of this
Appendix), hereinafter referred to as the Act, established the
Department of Transportation in the Executive Branch to be headed by a
Secretary of Transportation and to be composed of the Federal Aviation
Administration, the Federal Highway Administration, the Federal Railroad
Administration, the Coast Guard, the Saint Lawrence Seaway Development
Corporation and the National Transportation Safety Board; and
WHEREAS the Act vested in the Secretary of Transportation new major
responsibilities in the field of transportation, including that of
exercising leadership under the direction of the President in
transportation matters, and also transferred to the Secretary of
Transportation and to certain instrumentalities of the Department of
Transportation many functions involving transportation; and
WHEREAS, the transportation functions established or transferred by
the Act involve additional activities which are currently assigned by
Executive orders and other Executive documents to officers and agencies
from whom the related statutory functions have been transferred by the
Act; and
WHEREAS, it is appropriate and desirable with the establishment of
the Department of Transportation that certain authority and duties
concerned with transportation be assigned to the Secretary of
Transportation or to officers and agencies under his jurisdiction:
NOW, THEREFORE, by virtue of the authority vested in me by section
301 of Title 3 of the United States Code and by the laws cited as
authority for the Executive orders amended below, and as President of
the United States, it is ordered as follows:
Section 1. Classified information. (a) Executive Order No. 10501 of
November 5, 1953, as amended, is further amended by --
(1) inserting ''Department of Transportation'' in the list of
departments and agencies in subsection (a) of section 2 thereof after
''Department of Labor'' and
(2) deleting ''Federal Aviation Agency'' from that list. The
Department of Transportation shall be deemed to have had authority for
classification of information and material from April 1, 1967.
(b) Executive Order No. 10865 of February 20, 1960, as amended, is
further amended by striking out the words ''Administrator of the Federal
Aviation Agency'', ''Deputy Administrator of the Federal Aviation
Agency'', and ''Federal Aviation Agency'' and inserting in place thereof
''Secretary of Transportation'', ''Under Secretary of Transportation'',
and ''Department of Transportation'', respectively.
Sec. 2. Federal Airport Act. Executive Order No. 10536 of June 9,
1954, is amended by striking out the words ''Administrator of Civil
Aeronautics'' and inserting in place thereof the words ''Secretary of
Transportation''.
Sec. 3. Life saving medals. The regulations prescribed by section 1
of Executive Order No. 10765 of April 24, 1958 (being 9.1 et seq. of
Chapter I of Title 49 of the Code of Federal Regulations) are amended by
--
(1) striking out the words ''Interstate Commerce Commission'' and
''Commission'' in 9.1 and 9.3 and inserting in place thereof
''Department of Transportation'' and ''Department'', respectively, and
(2) striking out all of 9.4, 9.5, and 9.6 and inserting in place
thereof the following:
'' 9.4 Review of evidence; recommendations. Applications for medals,
together with all affidavits, testimony, and other evidence received in
connection therewith, and the records developed in connection with
investigations initiated by the Department of Transportation, shall be
referred to a committee of three Department officials designated by the
Secretary of Transportation. One of such officials shall be directly
concerned with railroad safety, and another with motor-carrier safety.
The committee shall carefully consider each application or record, and
after thoroughly weighing the evidence shall prepare an abstract or
brief covering the case and forward it, together with the committee's
recommendation, to the Secretary of Transportation for his
consideration.
'' 9.5 Award of Medals. Upon approval by the Secretary of
Transportation of the committee's recommendation in any case, the
Secretary shall make the award of the medal in the name and on behalf of
the President.
'' 9.6 Adoption and revision of designs. The Secretary of
Transportation is authorized to adopt and revise the existing designs
for the medal, rosette, and ribbon provided for by the Act.''
Sec. 4. Contracting authority. Executive Order No. 10789 of
November 14, 1958, as amended, is further amended by inserting the words
''Department of Transportation'' in the list of departments and agencies
in section 21 thereof after the words ''Department of Commerce'' and
striking out of that list the words ''Federal Aviation Agency''.
Sec. 5. Assignment of claims. (a) Executive Order No. 10840 of
September 30, 1959, is amended by striking out the words ''Federal
Aviation Agency'' in the text and heading and inserting in place thereof
the words ''Federal Aviation Administration''.
(b) The utilization by the Federal Aviation Administration of the
authority made available to it by section 5(a) of this order shall be
subject to direction and control by the Secretary of Transportation.
Sec. 6. Extra-territorial jurisdiction. (a) Executive Order No.
10854 of November 27, 1959 (as limited by section 7 of Executive Order
No. 11326 of February 13, 1967), is amended by striking out the words
''Administrator of the Federal Aviation Agency'' and ''Administrator''
and inserting in place thereof the words ''Secretary of
Transportation''.
(b) Executive Order No. 11326 of February 13, 1967, is hereby
amended by striking out the words ''Administrator of the Federal
Aviation Agency'' and inserting in place thereof the words ''Secretary
of Transportation''.
Sec. 7. International aviation. (a) The Presidential Memorandum of
August 11, 1960, on the subject of Executive Order No. 10883 of the
same date, is amended by --
(1) striking out the words ''Administrator of the Federal Aviation
Agency'' and ''Administrator'' and inserting in place thereof the words
''Secretary of Transportation'' and
(2) striking out the words ''Federal Aviation Agency'' and inserting
in place thereof the words ''Department of Transportation'' and
(3) striking out the second sentence of the third paragraph of the
memorandum.
(b) The Presidential Letter of June 22, 1963, assigning
responsibility to the Secretary of State regarding international
aviation policy, is amended by --
(1) striking out the words ''Federal Aviation Agency'' in the second
paragraph and inserting in place thereof the words ''Department of
Transportation'' and
(2) striking out the last two sentences of the third paragraph and
inserting in place thereof the following: ''The other members will be
the Secretary of Defense, the Secretary of Commerce, and the Secretary
of Transportation, or their respective representatives, the Chairman of
the Civil Aeronautics Board, and the Administrator of the Agency for
International Development. The Secretary of Transportation will serve
as vice chairman.''
Sec. 8. Interdepartmental Highway Safety Board. (Deleted by Ex.
Ord. No. 11515, Mar. 13, 1970, 35 F.R. 4543.)
Sec. 9. Allowances and benefits. Executive Order No. 11137 of
January 7, 1964, is amended by --
(1) striking out the words ''Secretary of the Treasury'' and
inserting in place thereof the words ''Secretary of Transportation'' and
(2) striking out all of section 101 and inserting in place thereof
the following:
''Section 101. The term 'employee', as defined in 5 U.S.C. 5921(3),
is hereby further defined as including civilian employees, compensated
from non-appropriated funds, of the instrumentalities of the United
States under the jurisdiction of the armed forces covered by 5 U.S.C.
2105(c).'' and
(3) striking out the words ''Section 203 of the Overseas
Differentials and Allowances Act (5 U.S.C. 3035)'' in section 102 and
inserting in place thereof the words ''5 U.S.C. 5922(c)'' and
(4) striking out the words ''Section 1 of the Act of June 19, 1952,
ch. 444 (5 U.S.C. 150k)'' in section 201 and inserting in place thereof
the words ''5 U.S.C. 2105(c)'' and
(5) striking out the words ''Section 111(6) of the Overseas
Differentials and Allowances Act (5 U.S.C. 3032(6)'' in section 202(b)
and inserting in place thereof the words ''5 U.S.C. 5921(6)''.
Sec. 10. Supersonic Transport. (Revoked by Ex. Ord. No. 11428, Sept.
5, 1968, 33 F.R. 12719.)
Sec. 11. Wartime status. Executive Order No. 11161 of July 7, 1964,
is hereby amended by --
(1) striking out the words ''Administrator of the Federal Aviation
Agency'' the first time they appear in section 1 and the word
''Administrator'' in section 2 and inserting in place thereof the words
''Secretary of Transportation'' and
(2) striking out the words ''Administrator of the Federal Aviation
Agency'' the other times they appear and inserting in place thereof the
words ''Federal Aviation Administrator'' and
(3) striking out the words ''Federal Aviation Agency'' in the text
and heading and inserting in place thereof the words ''Federal Aviation
Administration'' and
(4) striking out the word ''Secretary'' in section 2 and inserting in
place thereof the words ''Secretary of Defense''.
Sec. 12. Alaska Development Committees. Executive Order No. 11182 of
October 2, 1964, is amended by striking out the words ''Administrator of
the Federal Aviation Agency'' and inserting the words ''Secretary of
Transportation''.
Sec. 13. Coast Guard. The Executive Orders listed below are further
amended by striking out the words ''Secretary of the Treasury'' and
inserting in place thereof the words ''Secretary of Transportation'':
(1) Executive Order No. 10448 of April 22, 1953, as amended
(2) Executive Order No. 10631 of August 17, 1955
(3) Executive Order No. 10977 of December 4, 1961
(4) Executive Order No. 11016 of April 25, 1962
(5) Executive Order No. 11046 of August 24, 1962
(6) Executive Order No. 11079 of January 25, 1963
(7) Executive Order No. 11157 of June 22, 1964, as amended
(8) Executive Order No. 11190 of December 29, 1964
(9) Executive Order No. 11231 of July 8, 1965
(10) Executive Order No. 11239 of July 31, 1965
Sec. 14. Redelegation of authority. Unless prohibited by law or
otherwise specified in the applicable order, and in addition to any
other applicable authority to delegate and redelegate, the Secretary of
Transportation and the Federal Aviation Administrator may redelegate and
authorize successive redelegations of any authority conferred in this
order or the orders amended by this order.
Sec. 15. Prior actions. All orders, determinations, rules,
regulations, permits, contracts, agreements, interpretations, rulings,
directives, certificates, circulars, policies, licenses, privileges,
awards, and other actions relating to any function affected by this
order shall remain in effect according to their terms, except for the
substitution of the appropriate official by or under the authority of
this order, until modified, terminated, superseded, set aside, amended,
or revoked by appropriate authority, and nothing in this order shall
affect the validity or force of anything done under previous delegations
or other assignments of the functions affected by this order.
Sec. 16. Revocations. The following are revoked:
(1) Executive Order No. 10534 of June 9, 1954
(2) Executive Order No. 10771 of June 20, 1958
(3) Executive Order No. 10858 of January 13, 1960
(4) Executive Order No. 10968 of October 10, 1961.
Lyndon B. Johnson.
49 USC 1652a. Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2445
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 94-348, 6, July 8, 1976, 90 Stat. 820, set forth
provisions relating to regional organization of the Federal Railroad
Administration, and administration and enforcement of railroad safety
laws. See section 103(a) of Title 49, Transportation..
49 USC 1652b. Director of Intelligence and Security
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment of position
There is established in the Office of the Secretary of Transportation
the position of Director of Intelligence and Security.
(b) Powers and duties
The Director of Intelligence and Security shall report directly to
the Secretary of Transportation and shall have the following duties and
powers:
(1) Receipt, assessment, and distribution of intelligence information
relating to long-term transportation security.
(2) Development of policies, strategies, and plans for dealing with
threats to transportation security.
(3) Other planning relating to transportation security, including
coordination of countermeasures with appropriate Federal agencies.
(4) Serving as the primary liaison of the Secretary with the
intelligence and law enforcement communities.
(5) Such other duties and powers as the Secretary may prescribe as
necessary to ensure, to the extent possible, the security of the
traveling public.
(Pub. L. 101-604, title I, 101(a), (b), Nov. 16, 1990, 104 Stat.
3067.)
Section was enacted as part of the Aviation Security Improvement Act
of 1990, and not as part of the Department of Transportation Act which
comprises this chapter.
Section 102(d) of Pub. L. 101-604 provided that: ''The annual
budget submission for the Department of Transportation shall include a
specific request for the Office of the Director of Intelligence and
Security. In determining the budget request for the Director, the
Secretary shall take into consideration recommendations contained in the
annual report submitted under section 315(b) of the Federal Aviation Act
of 1958 (49 App. U.S.C. 1356(b)).''
49 USC 1653. General provisions
TITLE 49, APPENDIX -- TRANSPORTATION
(a), (b) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
(c) Judicial review of orders of Secretary and Administrators;
applicability
Orders and actions of the Secretary in the exercise of functions,
powers, and duties transferred under this chapter, and orders and
actions of the Administrators pursuant to the functions, powers, and
duties specifically assigned to them by this chapter, shall be subject
to judicial review to the same extent and in the same manner as if such
orders and actions had been by the department or agency exercising such
functions, powers, and duties immediately preceding their transfer. Any
statutory requirements relating to notice, hearings, action upon the
record, or administrative review that apply to any function transferred
by this chapter shall apply to the exercise of such functions by the
Secretary or the Administrators. This subsection shall not apply to
functions, powers, and duties transferred to the Secretary from the
Interstate Commerce Commission under section 1655(e)(1) through (4) and
(6)(A) of this Appendix.
(d) Carryover of authority to Secretary and Administrators from
departments and agencies formerly exercising functions and duties
In the exercise of the functions, powers, and duties transferred
under this chapter, the Secretary and the Administrators shall have the
same authority as that vested in the department or agency exercising
such functions, powers, and duties immediately preceding their transfer,
and their actions in exercising such functions, powers, and duties shall
have the same force and effect as when exercised by such department or
agency.
(e) to (g) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
(h) Model intermodal transportation terminal at Union Station;
authorization for design, plan, and coordination of construction; lease
or transfer of space; time for completion of design, plans and
construction; authorization of appropriations; application of other
laws
(1) The Secretary is authorized, in consultation with the Secretary
of the Interior, to design, plan, and coordinate the construction of a
model intermodal transportation terminal at Union Station in the
District of Columbia. Such terminal may combine the new railroad
passenger station described in section 802(a)(4) of title 40, and
accommodations for such other modes of transportation as the Secretary
deems appropriate. To the extent practicable, the Secretary shall
incorporate into the design and plans for such intermodal transportation
terminal features which will make such facility a model facility and
which will attract private investors willing to undertake the
development and construction of the terminal.
(2) Notwithstanding any provision of Public Law 90-264 (40 U.S.C.
801 et seq.), in order to facilitate construction of such model
intermodal transportation terminal, the Secretary of the Interior shall
lease or transfer such space (including air space), which is not
required for purposes of the National Visitor Center, as the Secretary
of the Interior holds or may acquire north of the Union Station Building
to such party or parties and upon such terms and conditions as the
Secretary deems appropriate, notwithstanding section 303b of title 40.
The Secretary and the Secretary of the Interior may, to the extent
required to complete a visitor center, agree to joint use of the
concourse.
(3) The design and plans for the intermodal terminal shall be
completed within 2 years following October 28, 1974. The construction
of the intermodal terminal shall be completed within 5 years following
October 28, 1974.
(4) There is authorized to be appropriated to the Secretary, for the
purposes of carrying out this subsection, such sums as are necessary,
not to exceed $5,000,000.
(5) Nothing in this subsection shall be construed as relieving the
Washington Terminal Company, its successors or assigns, from the
obligation to finance and construct a new railroad passenger station in
compliance with the terms of section 802(a)(4) of title 40.
(i) Conversion of railroad terminals into intermodal transportation
terminals; assistance by Secretary; criteria for financial assistance;
consultations; applications; preference; recordkeeping requirements;
audit and examination of books, etc.; authorization of appropriations;
definitions; eligibility under other Federal programs or plans
(1) The Secretary shall provide financial, technical, and advisory
assistance in accordance with this subsection for the purpose of (A)
promoting on a feasibility demonstration basis the conversion of not
less than three railroad passenger terminals into intermodal
transportation terminals; (B) preserving railroad passenger terminals
that have a reasonable likelihood of being converted or otherwise
maintained pending the formulation of plans for reuse; (C) acquiring
and utilizing space in suitable buildings of historic or architectural
significance, unless the use of such space would not prove feasible and
prudent compared with available alternatives; and (D) stimulating State
and local governments, local and regional transportation authorities,
common carriers, philanthropic organizations, and other responsible
persons to develop plans for the conversion of railroad passenger
terminals into intermodal transportation terminals and civic and
cultural activity centers.
(2) Financial assistance for the purpose set forth in paragraph (1)(
A) of this subsection shall be granted in accordance with the following
criteria: (A) the railroad terminal can be converted to accommodate
such other modes of transportation as the Secretary deems appropriate,
including motorbus transportation, mass transit (rail or rubber tire),
and airline ticket offices and passenger terminal providing direct
transportation to area airports; (B) the railroad passenger terminal is
listed on the National Register of Historic Places maintained by the
Secretary of the Interior; (C) the architectural integrity of the
railroad passenger terminal will be preserved and such judgment is
concurred in by consultants recommended by the Chairman of the National
Endowment of the Arts and the Advisory Council on Historic Preservation
and retained for this purpose by the Secretary; (D) to the extent
practicable, the use of station facilities for transportation purposes
may be combined with use for other civic and cultural activities,
especially when such use is recommended by the Advisory Council on
Historic Preservation or the Chairman of the National Endowment for the
Arts, or the consultants retained by the Secretary upon their
recommendation; and (E) the railroad passenger terminal and the
conversion project meet such other criteria as the Secretary shall
develop and promulgate in consultation with the Chairman of the National
Endowment of the Arts and the Advisory Council on Historic Preservation.
Any grant made by the Secretary under this paragraph shall not exceed
80 per centum of the total cost of conversion of a railroad passenger
terminal into an intermodal transportation terminal.
(3) Financial assistance for the purpose set forth in paragraph (1)(
B) of this subsection may be granted in accordance with regulations, to
any responsible person (including a governmental entity) who is
empowered by applicable law, qualified, prepared, and committed, on an
interim basis pending the formulation of plans for reuse, to maintain
(and prevent the demolition, dismantling, or further deterioration of) a
railroad passenger terminal: Provided, That (A) such terminal has, in
the opinion of the Secretary, 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 (B) planning activity
aimed at conversion or reuse has commenced and is proceeding in a
competent manner. Funds appropriated for the purpose of this paragraph
and paragraph (1)(B) of this subsection shall be expended in the manner
most likely to maximize the preservation of railroad passenger terminals
capable reasonably of conversion to intermodal transportation terminals
or which are listed in the National Register of Historic Places
maintained by the Secretary of the Interior or which are recommended (on
the basis of architectural integrity and quality) by the Chairman of the
National Endowment for the Arts or the Advisory Council on Historic
Preservation. The amount of the Federal share of any grant under this
paragraph shall not exceed 80 per centum of the total cost of such
interim maintenance for a period not to exceed five years.
(4) Acquisitions made for the purpose set forth in paragraph (1)(C)
of this subsection shall be made only after consultation with the
Chairman of the National Endowment for the Arts and the Advisory Council
on Historic Preservation.
(5) Financial assistance for the purpose set forth in paragraph (1)(
D) of this subsection may be granted, in accordance with regulations, to
a qualified person (including a governmental entity) who is prepared to
develop practicable plans meeting the zoning, land use, and other
requirements of the applicable State and local jurisdictions in which
the rail passenger terminal is located as well as requirements under
this subsection; who shall incorporate into the designs and plans
proposed for the conversion of such terminal into an intermodal
transportation terminal, a civic or cultural center, or both, features
which reasonably appear likely to attract private investors willing to
undertake the implementation of such planned conversion and its
subsequent maintenance and operation; and who shall complete the
designs and plans for such conversion within such time period as the
Secretary establishes. In making grants under this paragraph, the
Secretary shall give preferential consideration to applicants whose
completed designs and plans will be implemented and effectuated within
three years after the date of completion. Funds appropriated for the
purpose of this paragraph and paragraph (1)(D) of this subsection shall
be expended in the manner most likely to maximize the conversion and
continued public use of railroad passenger terminals which are listed in
the National Register of Historic Places maintained by the Secretary of
the Interior or which are 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. The amount of
the Federal share of any grant under this paragraph shall not exceed 80
per centum of the total cost of the project or undertaking for which the
financial assistance is provided.
(6) Within ninety days after October 28, 1974, the Secretary shall
issue, and may from time to time amend, regulations with respect to
financial assistance under this subsection and procedures for the award
of such assistance. Each application for assistance under this
subsection shall be made in writing in such form and with such content
and other submissions as the Secretary shall require.
(7) The National Railroad Passenger Corporation shall give preference
to using station facilities that would preserve buildings of historical
and architectural significance.
(8) Each recipient of financial assistance under this subsection
shall keep such records as the Secretary shall prescribe, including
records which fully disclose the amount and disposition by such
recipient of the proceeds of such assistance, the total cost of the
project or undertaking in connection with which such assistance was
given or used, the amount of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as will
facilitate an effective audit. Until the expiration of three years
after completion of such project or undertaking, the Secretary and the
Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit
and examination to any books, documents, papers, and records of such
receipts which, in the opinion of the Secretary or the Comptroller
General, may be related or pertinent to such financial assistance.
(9)(A) There is authorized to be appropriated for the purpose set
forth --
(i) in paragraphs (1)(A) and (1)(C) of this subsection, not to exceed
$15,000,000;
(ii) in paragraph (1)(B) of this subsection, not to exceed
$2,500,000; and
(iii) in paragraph (1)(D) of this subsection, not to exceed
$2,500,000.
(B) Sums appropriated for the purposes of this subsection are
authorized to remain available until expended.
(10) As used in this subsection, ''civic and cultural activities''
include, but are not limited to, libraries, musical and dramatic
presentations, art exhibitions, adult education programs, public meeting
place for community groups, convention visitors and others, and
facilities for carrying on activities supported in whole or in part
under Federal law.
(11) Nothing in this subsection shall be construed to invalidate the
eligibility of any station for funds designed to assist in its
preservation or reuse under any other Federal program or statute.
(Pub. L. 89-670, 4, Oct. 15, 1966, 80 Stat. 933; Pub. L. 90-495,
18(b), Aug. 23, 1968, 82 Stat. 824; Pub. L. 93-496, 6, 15, Oct. 28,
1974, 88 Stat. 1528, 1533; Pub. L. 93-633, title III, 308(2), (3), Jan.
3, 1975, 88 Stat. 2173; Pub. L. 94-25, 13, May 26, 1975, 89 Stat. 93;
Pub. L. 94-210, title VII, 707, formerly 706, Feb. 5, 1976, 90 Stat.
125, renumbered Pub. L. 96-254, title II, 206(a), May 30, 1980, 94 Stat.
412; Pub. L. 94-348, 8, July 8, 1976, 90 Stat. 821; Pub. L. 94-555,
title II, 219(a), Oct. 19, 1976, 90 Stat. 2629; Pub. L. 95-421, 14,
Oct. 5, 1978, 92 Stat. 929; Pub. L. 96-73, title I, 128, Sept. 29,
1979, 93 Stat. 553; Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.)
This chapter, referred to in subsecs. (c) and (d), was in the
original ''this Act'', meaning Pub. L. 89-670, Oct. 15, 1966, 80 Stat.
931, as amended, known as the Department of Transportation Act, which
was classified principally to this chapter. The Act was substantially
repealed and the provisions thereof reenacted in subtitle I ( 101 et
seq.) of Title 49, Transportation, by Pub. L. 97-449, Jan. 12, 1983,
96 Stat. 2413. For complete classification of this Act to the Code, see
Short Title note set out under section 1651 of this Appendix and Tables.
For disposition of sections in revised Title 49, see Table at the
beginning of Title 49.
Public Law 90-264, referred to in subsec. (h)(2), is Pub. L.
90-264, Mar. 12, 1968, 82 Stat. 43, as amended, popularly known as the
National Visitor Center Facilities Act of 1968, and is classified
generally to chapter 18 ( 801 et seq.) of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 801 of Title 40 and
Tables.
In the original, subsec. (i) is set out as part of section 6 of Pub.
L. 93-496. Enactment of subsec. (i) has been editorially credited to
section 15 of Pub. L. 93-496 to conform to the probable intent of
Congress as evidenced by the directory language of section 15 of Pub.
L. 93-496.
1983 -- Subsecs. (a), (b), (e) to (g). Pub. L. 97-449 struck out
subsecs. (a), (b), and (e) to (g) which provided, respectively, for
responsibilities of Secretary of Transportation, for Congressional
policy standards for transportation, for Secretary's duties with regard
to safety record of applicants seeking operating authority from
Interstate Commerce Commission, for national policy of maintaining and
enhancing natural beauty of land traversed by transportation lines, and
for duty of consultation between Secretary of Transportation and
Secretary of Housing and Urban Development. See sections 301-304, 307
of Title 49, Transportation.
1979 -- Subsec. (i)(5). Pub. L. 96-73 substituted ''within such time
period as the Secretary establishes'' for ''within two years following
the approval of the application for Federal financial assistance under
this subsection''.
1978 -- Subsec. (i)(2), (3), (5). Pub. L. 95-421 substituted ''80
per centum'' for ''60 per centum''.
1976 -- Subsec. (c). Pub. L. 94-348 inserted provision that this
subsection shall not apply to functions, powers, and duties transferred
to Secretary from Interstate Commerce Commission under sections 1655(
e)(1) to (4) and (6) of this Appendix.
Subsec. (i)(1)(C), (D). Pub. L. 94-210, 706(1), (2), added subpar.
(C) and redesignated former subpar. (C) as (D).
Subsec. (i)(4). Pub. L. 94-210, 706(3), (4), added par. (4). Former
par. (4) redesignated (5).
Subsec. (i)(5). Pub. L. 94-210, 706(1), (3), redesignated former par.
(4) as (5) and substituted ''(D)'' for ''(C)''. Former par. (5)
redesignated (6).
Subsec. (i)(6) to (8). Pub. L. 94-210, 706(3), redesignated former
pars. (5) to (7) as (6) to (8). Former pars. (6) to (8) redesignated
(7) to (9).
Subsec. (i)(9). Pub. L. 94-210, 706(3), (5), redesignated former par.
(8) as (9), denominated existing provision as subpar. (A) and expanded
applicability of (i), and added subpars. (B) and (C). Former par. (9)
redesignated (10).
Subsec. (i)(9)(A)(ii), (iii). Pub. L. 94-555, 219(a)(1), substituted
''$2,500,000'' for ''$5,000,000'' in cls. (ii) and (iii).
Subsec. (i)(9)(B), (C). Pub. L. 94-555, 219(a)(2), struck out
subpar. (B) which dealt with planning and interim maintenance
appropriations for the National Endowment for the Arts, and redesignated
subpar. (C) as (B).
Subsec. (i)(10), (11). Pub. L. 94-210, 706(3), redesignated pars.
(9) and (10) as (10) and (11), respectively.
1975 -- Subsec. (c). Pub. L. 93-633, 308(2), struck out from first
and second sentences references to National Transportation Safety Board.
Subsec. (d). Pub. L. 93-633, 308(3), struck out reference to National
Transportation Safety Board.
Subsec. (i)(2). Pub. L. 94-25 struck out provision requiring the
Secretary to make grants not later than July 1, 1976.
1974 -- Subsecs. (h), (i). Pub. L. 93-496 added subsecs. (h) and
(i). See Codification note above.
1968 -- Subsec. (f). Pub. L. 90-495 amended subsection by inserting
reference to enumerated lands ''of national, State, or local
significance as determined by the Federal, State, or local officials
having jurisdiction thereof''.
Amendment by Pub. L. 96-73 effective Oct. 1, 1979, see section
501(a) of Pub. L. 96-73, set out as a note under section 501 of Title
45, Railroads.
Amendment by Pub. L. 95-421 effective Oct. 5, 1978, see section 20
of Pub. L. 95-421, set out as a note under section 541 of Title 45,
Railroads.
Amendment by Pub. L. 94-555 effective Oct. 1, 1976, see section 303
of Pub. L. 94-555, set out as a note under section 543 of Title 45,
Railroads.
Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37
of Pub. L. 90-495, set out as a note under section 101 of Title 23,
Highways.
Pub. L. 97-35, title XI, 1197, Aug. 13, 1981, 95 Stat. 703, which
limited the total amount authorized to be appropriated to the Department
of Transportation for expenses necessary to discharge the functions of
the Research and Special Programs Administration for fiscal years 1982,
1983, and 1984, was repealed by Pub. L. 97-449, 7( b), Jan. 12, 1983,
96 Stat. 2445, and reenacted by the first section thereof as a part of
section 335 of Title 49, Transportation.
Pub. L. 95-599, title I, 160, Nov. 6, 1978, 92 Stat. 2719, provided
that the Secretary of Transportation make a study and investigation with
the cooperation of certain departments of those factors affecting the
integration of and the parallel among all rules, regulations,
administrative reviews, and approvals pursuant to the Clean Air Act (42
U.S.C. 7401 et seq.), the Energy Policy Conservation Act (see Short
Title note set out under section 6201 of Title 42, The Public Health and
Welfare), the Urban Mass Transportation Act of 1964 (49 App. U.S.C. 1601
et seq.), and Title 23, Highways, and related highway laws, those
factors affecting the availability and coordination of funding sources
to achieve improved air quality, energy conservation, and transportation
efficiency, the degree to which urban growth, development, and Federal
funding to urban areas is predicated upon compliance with the Clean Air
Act requirements and plans to attain air quality standards, and the
feasibility of permitting tolls and other user charges on roads and
highway on the Federal aid system as part of a State implementation plan
under the Clean Air Act, and to report the results no later than 1 year
following Nov. 6, 1978.
Pub. L. 95-580, Nov. 2, 1978, 92 Stat. 2475, provided for the
establishment of a Rural Transportation Advisory Task Force, required
the Task Force, after an initial report and public hearings at which
testimony was to be taken, to prepare and publish, within four hundred
and twenty days after Nov. 2, 1978, a final report including
recommendations for determining the essential needs of agriculture on a
continuing basis, for establishing a national agricultural
transportation policy, for methods of identifying impediments to a
railroad transportation adequate to meet the essential needs of the
agriculture industry, and containing specific recommendations for a
railroad transportation system adequate to meet the essential needs of
the agriculture industry of the United States, and directed that the
Task Force be dissolved forty-five days after publication of the final
report.
Congress, by Pub. L. 90-313, May 22, 1968, 82 Stat. 126, authorized
and directed the Secretary of Transportation, in cooperation with those
other Federal agencies which possess relevant competencies, to conduct a
comprehensive study and investigation of all relevant aspects of the
existing motor vehicle accident compensation system, directed the
President to appoint an Interagency Advisory Committee on Compensation
for Motor Vehicle Accident Losses consisting of the Secretary as
Chairman and one representative each of the Departments of Commerce,
Justice, Labor, Health, Education, and Welfare, and Housing and Urban
Development, the Federal Trade Commission, the Interstate Commerce
Commission, and the Securities and Exchange Commission, and such other
Federal agencies as would be designated by the President to advise the
Secretary on the preparation for and the conduct of the study,
authorized the Secretary, or on the authorization of the Secretary, any
officer or employee of the Department of Transportation, to hold such
hearings, take such testimony, sit and act at such times and places,
administer such oaths, and require, by subpena or otherwise, the
attendance and testimony of such witnesses and the production of such
books, papers, correspondence, memorandums, contracts, agreements, or
other records as the Secretary, or such officer or employee, deemed
advisable, directed the Secretary to submit to the President and to the
Congress interim reports from time to time and a final report not later
than twenty-four months after May 22, 1968, with such final report to
contain a detailed statement of the findings, conclusions, and
recommendations of the Secretary, and such proposed legislation or other
action as the Secretary might consider necessary to carry out his
recommendations, and directed that the authority of the Secretary under
such joint resolution terminate ninety days after the submission of his
final report.
For assignment of certain emergency preparedness functions to the
Secretary of Transportation, see Parts 1, 2, and 14 of Ex. Ord. No.
12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section
2251 of Title 50, Appendix, War and National Defense.
23 section 108; title 49 section 306.
49 USC 1653a. Repealed. Pub. L. 95-607, title I, 109(b)(1), Nov. 8,
1978, 92 Stat. 3064
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 94-210, title VIII, 810, Feb. 5, 1976, 90 Stat.
146, provided for establishment of a rail bank to consist of rail
trackage and other properties for purposes of preserving existing
service in certain areas of the United States in which fossil fuel
natural resources or agricultural production was located.
Repeal effective Oct. 1, 1978, see section 110 of Pub. L. 95-607,
set out as an Effective Date of 1978 Amendment note under section 1654
of this Appendix.
49 USC 1654. Local rail freight assistance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Eligibility of State
A State is eligible to receive rail freight assistance under this
section if --
(1) such State has established an adequate plan for rail services in
such State, including a suitable process for updating, revising, and
amending such plan;
(2) such State plan is administered or coordinated by a designated
State agency and provides for the equitable distribution of resources;
(3) such State agency --
(A) has authority and administrative jurisdiction to develop,
promote, supervise, and support safe, adequate, and efficient rail
transportation services;
(B) employs or will employ, directly or indirectly, sufficient
trained and qualified personnel;
(C) maintains or will maintain adequate programs of investigation,
research, promotion, and development, with provisions for public
participation; and
(D) is designated and directed solely, or in cooperation with other
State agencies, to take all practicable steps to improve rail
transportation safety and to reduce transportation-related energy
utilization and pollution;
(4) such State provides satisfactory assurance that it has or will
adopt and maintain adequate procedures for financial control,
accounting, and performance evaluation in order to assure proper use of
Federal funds; and
(5) such State complies with regulations of the Secretary issued
under this section and the Secretary determines that such State meets or
exceeds the requirements of paragraphs (1) through (4) of this
subsection.
(b) Scope of assistance
The Secretary shall, in accordance with this section, provide
financial assistance to States for rail freight assistance projects that
are designed to cover --
(1) the cost of acquiring, by purchase, lease, or in such other
manner as the State considers appropriate, a line of railroad or other
rail properties, or any interest therein, to maintain existing or
provide for future rail freight service, but only if the Interstate
Commerce Commission has authorized, or has exempted from the
requirements of such authorization, the abandonment of, or the
discontinuance of rail service on, the line of railroad related to the
project;
(2) the cost of rehabilitating or improving rail properties on a line
of railroad to the extent necessary to permit adequate and efficient
rail freight service on such line, but only if the line of railroad
related to the project is certified by the railroad as having carried 5
million gross ton miles of freight or less per mile during the prior
year; and
(3) the cost of constructing rail or rail related facilities
(including new connections between two or more existing lines of
railroad, intermodal freight terminals, sidings, bridges, and relocation
of existing lines) for the purpose of improving the quality and
efficiency of rail freight service, but only if the line of railroad
related to the project is certified by the railroad as having carried 5
million gross ton miles of freight or less per mile during the prior
year.
(c) Prerequisites for assistance
(1) No project shall be provided rail freight assistance under this
section unless the line of railroad related to the project is certified
by the railroad as having carried more than 20 carloads per mile during
the most recent year of operation of service on such line. In a case
where the railroad is no longer in existence, the applicant shall
provide such information in the manner prescribed by the Secretary. The
Secretary may waive the requirement of this paragraph upon a
determination that the line of railroad is contractually guaranteed at
least 40 carloads per mile for each of the first 2 years of operation if
the proposed project is carried out, and the Secretary finds that there
is a reasonable expectation that such contractual guarantee will be
fulfilled.
(2) No project shall be provided rail freight assistance under this
section unless the ratio of benefits to costs for such project,
calculated in accordance with the methodology established by the
Secretary under subsection (n) of this section, is greater than 1.0.
(d) Required uses by State
A State shall use assistance provided under subsection (b) of this
section as follows:
(1) The State may grant or loan funds to the owner of rail properties
or operator of rail service related to the project.
(2) The State shall determine all financial terms and conditions of a
grant or loan, except that the timing of all advances with respect to
grants under this subsection shall be in accordance with Department of
Treasury regulations.
(3) The State shall place the Federal share of repaid funds in an
interest-bearing account or, with the approval of the Secretary, permit
any borrower to place such funds, for the benefit and use of the State,
in a bank which has been designated by the Secretary of the Treasury in
accordance with section 265 of title 12. The State shall use such funds
and all accumulated interest to make further loans or grants under
subsection (b) of this section in the same manner and under the same
conditions as if they were originally granted to the State by the
Secretary. The State may, at any time, pay to the Secretary the Federal
share of any unused funds and accumulated interest. After the
termination of a State's participation in the rail freight assistance
program established by this section, such State shall pay the Federal
share of any unused funds and accumulated interest to the Secretary.
(4) The State, to the maximum extent possible, shall encourage the
participation of shippers, railroads, and local communities in providing
the State share of rail freight assistance funds.
(e) Federal and State shares
The Federal share of the costs of any rail freight assistance project
shall be 50 percent, except that in the case of assistance provided
under subsection (b)(2) of this section, the Federal share shall be 70
percent. The State share of the costs may be provided in cash or
through any of the following benefits, to the extent that such benefits
would not otherwise be provided:
(1) Forgiveness of taxes imposed on a railroad or on its properties.
(2) The provision by the State or by any person on behalf of such
State, for use in its rail freight assistance program, of real property
or tangible personal property of the kind necessary for the safe and
efficient operation of rail freight service.
(3) Trackage rights secured by the State for a railroad.
(4) The cash equivalent of State salaries for State public employees
working in the State rail freight assistance program, but not including
overhead and general administrative costs.
A State may provide more than its required percentage share of the
cost of its rail freight assistance program. If a State, or any person
on behalf of a State, provides more than such State's percentage share
of the cost of its rail freight assistance program during any fiscal
year, the amount in excess of such share shall be applied toward such
State's share of the costs of its program for subsequent fiscal years.
(f) Applications by State
A State seeking financial assistance for rail freight assistance
projects described in subsection (b) of this section shall apply, in the
form required by the Secretary, for such assistance by January 1 of the
fiscal year for which the funds have been appropriated, except in fiscal
years in which authorizations of appropriations have not been enacted as
of the first day of the fiscal year, in which case application must be
made within 90 days after the date of enactment of legislation
authorizing appropriations for that fiscal year. In considering
applications for rail freight assistance projects under subsection (b)
of this section, the Secretary shall consider the following:
(1) The percentage of lines identified to the Interstate Commerce
Commission by rail carriers for abandonment or potential abandonment
within a State.
(2) The likelihood of future abandonments within a State.
(3) The ratio of benefits to costs for a proposed project calculated
in accordance with the methodology established by the Secretary under
subsection (n) of this section.
(4) The likelihood that the line will continue operating with rail
freight assistance.
(5) The impact of rail bankruptcies, rail restructuring, and rail
mergers on the State applying for assistance.
(g) Start-up funds for State rail plan or projects
On the first day of the fiscal year, each State shall be entitled to
$36,000 of the funds available for expenditure pursuant to subsection
(q) of this section during the fiscal year to meet the cost of
establishing, implementing, revising, and updating the State rail plan
required by subsection (a) of this section, or to carry out projects
described in subsection (b)(1), (2), or (3) of this section, as
designated by the State, if such projects meet the requirements of
subsection (c)(2) of this section. Each State must apply for such funds
on or before the first day of the fiscal year, except in fiscal years in
which authorizations of appropriations have not been enacted as of the
first day of the fiscal year, in which case application must be made
within 60 days after the date of enactment of legislation authorizing
appropriations for that fiscal year. Upon receipt of an application
under this subsection, the Secretary shall consider the application and
notify the State submitting such an application as to its approval or
disapproval within 60 days. Funds provided under this subsection shall
remain available to a State for obligation for the first 3 months after
the end of the fiscal year for which such funds have been made
available. Any funds which have not been timely applied for under this
subsection, or which have remained unobligated after the expiration of
the period described in the previous sentence, shall be made available
to the Secretary for rail freight assistance projects meeting the
requirements of this section.
(h) Procedures for distribution of funds for projects
The Secretary shall establish such procedures as are necessary to
ensure that funds available to the Secretary for use for rail freight
assistance projects under subsection (b) of this section are distributed
by April 1 of the fiscal year for which such funds are appropriated. If
any funds are not distributed by that date, the Secretary shall report
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
on the status of such funds and the reasons for the delay in
distribution.
(i) Contingent interest for Federal share of funds in line receiving
assistance
Each State shall retain a contingent interest (redeemable preference
shares) for the Federal share of funds in any line receiving rail
freight assistance under this section and may exercise the right to
collect its share of the funds used for a such a line, if an application
for abandonment of such line is filed under chapter 109 of title 49, or
if such line is abandoned, discontinued, sold, or disposed of in any way
after it has received Federal assistance.
(j) State agreements for combining assistance
Two or more States which are eligible to receive rail freight
assistance under this section may, where not in violation of State law,
enter into an agreement to combine any portion of such assistance for
purposes of conducting any project which is eligible for assistance
under this section and which will benefit each State which is a party to
such agreement.
(k) Recordkeeping requirements; audits and examinations
(1) Each recipient of funds provided under this section, whether in
the form of grants, subgrants, contracts, subcontracts, or other
arrangements, shall keep such records as the Secretary shall prescribe,
including records which fully disclose the amount and disposition by
such recipient of such funds, the total cost of the project or
undertaking in connection with which such funds were provided or used,
the amount of that portion of the cost of the project which was supplied
by other sources, and such other records as will facilitate an effective
audit. Such records shall be maintained for 3 years after the
completion of such a project or undertaking.
(2) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access, for
the purpose of audit and examination, to any books, documents, papers,
and records of receipts which, in the opinion of the Secretary or of the
Comptroller General, may be related or pertinent to the grants,
contracts, or other arrangements referred to in paragraph (1) of this
subsection.
(3) The Secretary and the Comptroller General shall regularly
conduct, or cause to be conducted --
(A) a financial audit, in accordance with generally accepted auditing
standards; and
(B) a performance audit of the activities and transactions assisted
under this section, in accordance with generally accepted management
principles.
Such audits may be conducted by independent certified or licensed
public accountants and management consultants approved by the Secretary
and the Comptroller General, and they shall be conducted in accordance
with such rules and regulations as may be prescribed by the Comptroller
General.
(l) Interstate Commerce Commission to provide information
The Interstate Commerce Commission shall provide the Secretary with
such information as the Secretary requests to assist in administering
the program authorized by this section. The Commission shall provide
the requested information within 30 days after receipt of any such
request.
(m) Listing by carriers of specified gross tonnage of freight per
mile
On or before August 1 of each year, each rail carrier providing
transportation subject to the jurisdiction of the Interstate Commerce
Commission under chapter 105 of title 49, shall prepare, update, and
submit to the Secretary a listing of those rail lines of such carrier
which, based on level of usage, carried 5 million gross ton miles of
freight or less per mile during the prior year.
(n) Methodology for calculating ratio of benefits to proposed project
costs
The Secretary, no later than July 1, 1990, shall establish a
methodology for calculating the ratio of benefits to costs of projects
proposed under subsection (b) of this section, taking into consideration
the need for equitable treatment of different regions of the United
States and different commodities transported by rail. The establishment
of such methodology shall be a matter committed to the Secretary's
discretion.
(o) Funding limitations and ceilings
No more than 15 percent of the funds provided under subsection (b) of
this section in any fiscal year shall be provided to any one State. No
more than 20 percent of the funds provided under subsection (b) of this
section in any fiscal year shall be provided for any one project.
(p) ''State'' defined
As used in this section, the term ''State'' means any State in which
a rail carrier providing transportation subject to the jurisdiction of
the Interstate Commerce Commission under chapter 105 of title 49,
maintains any line of railroad.
(q) Authorization of appropriations
There are authorized to be appropriated to the Secretary for the
purposes of this section not to exceed $15,000,000 for fiscal year 1991.
Such sums as are appropriated are authorized to remain available until
expended. No funds are authorized to be appropriated under this
subsection for any period after September 30, 1991.
(Pub. L. 89-670, 5, as added and amended Pub. L. 94-210, title IV,
401, title VIII, 803, Feb. 5, 1976, 90 Stat. 61, 130; Pub. L. 95-607,
title I, 102-106(a), 107-109(a), Nov. 8, 1978, 92 Stat. 3059-3064; Pub.
L. 96-86, title I, 115(b), Oct. 12, 1979, 93 Stat. 662; Pub. L. 97-35,
title XI, 1191, 1192, Aug. 13, 1981, 95 Stat. 699; Pub. L. 97-449, 7(
b), Jan. 12, 1983, 96 Stat. 2444; Pub. L. 97-468, title V, 501, Jan.
14, 1983, 96 Stat. 2551; Pub. L. 99-272, title IV, 4018, Apr. 7, 1986,
100 Stat. 111; Pub. L. 101-213, 2(a), (c), Dec. 11, 1989, 103 Stat.
1843, 1844.)
A prior section 1654, Pub. L. 89-670, 5, Oct. 15, 1966, 80 Stat.
935, which related to the establishment, powers, functions, duties,
etc., of the National Transportation Safety Board, was repealed by Pub.
L. 93-633, title III, 308(1), Jan. 3, 1975, 88 Stat. 2173, and the
subject matter is covered by section 1901 et seq. of this Appendix.
1989 -- Pub. L. 101-213, 2(c), amended section generally, revising
and restating provisions relating to local rail freight assistance.
Subsec. (q). Pub. L. 101-213, 2(a), substituted ''not to exceed
$8,000,000 for the fiscal year ending September 30, 1988, not to exceed
$10,000,000 for the fiscal year ending September 30, 1989, and not to
exceed $15,000,000 for the fiscal year ending September 30, 1990'' for
''and not to exceed $8,000,000 for the fiscal year ending September 30,
1988'' and ''after September 30, 1990'' for ''after September 30,
1988''.
1986 -- Subsec. (q). Pub. L. 99-272 inserted provision for
appropriation of funds for fiscal years ending September 30, 1986, 1987,
and 1988, and provision that no funds are authorized to be appropriated
for any period after September 30, 1988.
1983 -- Subsecs. (a) to (e). Pub. L. 97-449 struck out subsecs.
(a) to (e) which provided, respectively, for Secretary's responsibility
for development of plans to improve rail service, for Secretary's
responsibility with regard to unifying and coordinating operations and
facilities, for Secretary's authority to conduct appropriate studies of
rail service, for Secretary's authority to hold conferences with respect
to proposed unification or coordination projects, and for Secretary's
authority to make studies of proposed mergers. See section 333 of Title
49, Transportation.
Subsec. (h)(2)(A). Pub. L. 97-468 inserted provisions relating to
rail mileage of Consolidated Rail Corporation as part of the
computation.
1981 -- Subsec. (f). Pub. L. 97-35, 1192(a), struck out par. (1)
relating to cost of continuation payments and redesignated pars. (2) to
(5) as (1) to (4), respectively.
Subsec. (g). Pub. L. 97-35, 1192(b), substituted provisions
respecting Federal share of 70 per centum for provisions respecting
Federal share of 80 per centum and excepting costs for financial
assistance under former subsec. (f)(1) of this section.
Subsec. (h). Pub. L. 97-35, 1192(c), in par. (1) substituted
''1981'' for ''1979'', in par. (2) substituted ''1981'' for ''1979'' in
introductory provision, and struck out provisions respecting
applicability of rail mileage until Sept. 30, 1981 in subpar. (B), and
in par. (3) substituted provisions relating to functions of Interstate
Commerce Commission with respect to sum of the rail mileage for each
State, availability of entitlement funds, and criteria for applications
for assistance, for provisions relating to measurement of rail mileage,
and availability and reallocation of entitlement funds.
Subsec. (i). Pub. L. 97-35, 1192(d), amended subsec. (i) generally,
inserting provisions respecting time for application and availability of
funds, substituting reference to subsec. (q) for reference to subsec.
(h), and striking out option of 5 percent for expenditure.
Subsec. (k). Pub. L. 97-35, 1192(e), struck out par. (1) which
related to eligibility under former subsec. (f)(1) of this section, and
redesignated pars. (2) to (5) as (1) to (4), respectively, and, as so
redesignated, substituted ''(1)'' for ''(2)'', and struck out subpar.
(C) which related to railroad lines under section 762(c)(3) of title 45,
in par. (1), inserted provisions relating to eligibility for assistance
until Sept. 30, 1982, and substituted ''(2) and (4)'' for ''(3) and
(5)'' in par. (2) and, inserted provisions relating to eligibility for
assistance until Sept. 30, 1982, and substituted ''(3)'' for ''(4)'' in
par. (3).
Subsec. (l). Pub L. 97-35, 1192(f), inserted provisions respecting
consideration and notification by the Secretary of applications for rail
freight assistance.
Subsec. (n). Pub. L. 97-35, 1192(g), substituted provisions defining
''State'' with respect to jurisdiction of the Interstate Commerce
Commission under chapter 105 of title 49, for provisions defining
''State'' with respect to applicability of section 743(b)(1) of title 45
and conveyance of rail properties pursuant to such section in an area
where a railroad subject to subchapter I of chapter 105 of title 49
maintains any line of railroad, except for specified States during the
period from Feb. 5, 1976, through the second anniversary of the
conveyance date.
Subsec. (o). Pub. L. 97-35, 1192(h), substituted ''paragraph (2)''
for ''paragraph (3)'' wherever appearing, and added par. (5).
Subsec. (p). Pub. L. 97-35, 1192(i), added subsec. (p). Former
subsec. (p) redesignated (q).
Subsec. (q). Pub. L. 97-35, 1191, 1192(i), redesignated subsec. (p)
as (q) and substituted provisions relating to availability of sums for
the fiscal years ending Sept. 30, 1982, Sept. 30, 1983, and Sept. 30,
1984, for provisions relating to authorization without fiscal year
limitation, and availability of sums for the fiscal years ending June
30, 1976, Sept. 30, 1977, and Sept. 30, 1978.
1979 -- Subsec. (h)(2)(A). Pub. L. 96-86 substituted ''plans to
submit, or has submitted'' for ''plans to submit, but has not yet
submitted''.
1978 -- Subsec. (f)(2). Pub. L. 95-607, 102(1), substituted
''acquiring, by purchase, lease, or in such other manner as the State
considers appropriate, a line of railroad or other rail properties, or
any interest therein,'' for ''purchasing a line of railroad or other
rail properties''.
Subsec. (f)(3) to (5). Pub. L. 95-607, 102(2)-(4), struck out
''and'' at end of par. (3), substituted ''; and'' for the period at
end of par. (4), and added par. (5).
Subsec. (g). Pub. L. 95-607, 103, in revising text, added subsec.
(g) which incorporated existing percentages as the Federal share of
financial assistance, inserted percentages of 80 and 70 as the Federal
share of assistance under subsec. (f)(1) of this section, expanded
payment of the State share of the costs to include benefits listed in
items (2) and (4), and provided for application of the excess of a State
share to subsequent fiscal years, and struck out former subsec. (g)
which had provided as the Federal share of the costs of rail service
assistance percentages of 100, 90, 80, and 70 for fiscal years July 1,
1976 through June 30, 1977, July 1, 1977 through June 30, 1978, July 1,
1978 through June 30, 1979, and July 1, 1979 through June 30, 1981,
including a percentage level adjustment for last two fiscal years so as
not to exceed funds available under subsec. (o) of this section, and
had made provision for the State share through in-kind benefits such as
forgiveness of taxes, trackage rights, and facilities which would not
otherwise be provided, now incorporated in part in items (1) and (3).
Subsec. (h). Pub. L. 95-607, 104, added subsec. (h) and struck out
prior provisions which contained the allocation formula made applicable
in par. (1) until Sept. 30, 1979, made each State eligible for a
minimum of one percent of appropriated funds, and provided for measuring
rail mileage by the Secretary in consultation with the ICC and for
reallocation among the States of any portion of the entitlement of any
State which was withheld and any sums which were not used or committed
by a State according to the prescribed formula described in par. (1),
the reallocation provisions are covered in par. (3)(B).
Subsec. (i). Pub. L. 95-607, 105, substituted provisions respecting
State rail plan expenditures and limitation thereof for prior provisions
for State allocation of rail service assistance and for grants to
States.
Subsec. (j)(2). Pub. L. 95-607, 106(a), designated existing
provisions as cl. (A) and added cl. (B).
Subsec. (k). Pub. L. 95-607, 107, substituted provisions respecting
eligibility criteria for different classes of projects for rail freight
financial assistance and submission of an annual list of rail line
carriage of certain gross tonnage or less per mile for prior provisions
prescribing the same eligibility criteria for each class of project.
Subsec. (m)(1). Pub. L. 95-607, 109(a)(1), substituted reference to
subsec. ''(p)'' for ''(o)''.
Subsec. (o). Pub. L. 95-607, 108, added subsec. (o). Former subsec.
(o) redesignated (p).
Subsec. (p). Pub. L. 95-607, 108, 109(a), redesignated former subsec.
(o) as (p), substituted reference to subsec. (p) for (o) in two
places, and inserted reference to section 1653a of this title.
1976 -- Subsecs. (f) to (o). Pub. L. 94-210, 803, added subsecs.
(f) to (o).
Section 2(d) of Pub. L. 101-213 provided that: ''The amendment made
by subsection (c) (amending this section) shall take effect October 1,
1990.''
Section 110 of Pub. L. 95-607 provided that: ''The provisions of
this title (amending this section, repealing section 1653a of this
Appendix, and enacting a provision set out as note under this section)
shall take effect on October 1, 1978.''
Section effective Oct. 1, 1976, see section 303 of Pub. L. 94-555,
set out as an Effective Date of 1976 Amendment note under section 543 of
Title 45, Railroads.
The United States Railway Association abolished effective Apr. 1,
1987, all powers, duties, rights, and obligations of Association
relating to Consolidated Rail Corporation under the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to
Secretary of Transportation on Jan. 1, 1987, and any securities of
Corporation held by Association transferred to Secretary of
Transportation on Oct. 21, 1986, see section 1341 of Title 45,
Railroads.
Section 106(b) of Pub. L. 95-607 provided: ''During the period
prior to the inclusion in a State rail plan of the methodology referred
to in the amendment made by subsection (a) of this section (amending
subsec. (j)(2) of this section), the Secretary of Transportation shall
continue to fund projects on a case-by-case basis where he has
determined, based upon analysis performed and documented by the State,
that the public benefits associated with the project outweigh the public
costs of such project.''
Pub. L. 94-210, 901, as amended by Pub. L. 94-555, title II,
216(e), 220(h), Oct. 19, 1976, 90 Stat. 2627, 2630, authorized the
Secretary of Transportation to make a comprehensive study of the
American railway system with a view toward potential cost savings,
improvements in the service provided, limited facility rehabilitation,
alternate rail corporate structures, and benefits of railroad
electrification for high density lines and to survey the railroad
industry as to financial condition and physical condition of equipment
and facilities, and required submission of his report pursuant to said
study within 720 days of Feb. 5, 1976.
Section 902 of Pub. L. 94-210 authorized the Secretary of
Transportation to initiate a comprehensive study and analysis of (1)
past and present policies and methods of providing Federal aid for
construction, improvement, operation, and maintenance of rail
transportation facilities and services, (2) relationship of such
policies and methods to the policies and methods for other modes of
transportation, and (3) whether railroad carriers were disadvantaged by
such policies and methods; directed the Secretary to find ways to
encourage a competitive market in rail transportation as against other
modes of transportation; directed the Commission and the Secretary of
the Army to cooperate with the Secretary; authorized the Secretary to
require reports by carriers to gather necessary information; and
required the Secretary to submit his report pursuant to such study
within one year of Feb. 5, 1976.
45 section 829; title 49 section 306.
49 USC 1654a. Repealed. Pub. L. 98-216, 6(b), Feb. 14, 1984, 98 Stat.
8
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 96-448, title IV, 409, Oct. 14, 1980, 94 Stat.
1948; Pub. L. 97-375, title II, 210(a), Dec. 21, 1982, 96 Stat. 1825,
required the Secretary of Transportation, within 90 days after the end
of each fiscal year, to submit a report to Congress listing the specific
Federal assistance provided the railroad industry during such fiscal
year and to include in such report the reasons for each loan, the past
and anticipated financial condition of certain railroad funds, and the
financial condition of each railroad. See section 308(d) of Title 49,
Transportation.
49 USC 1655. Transfer of functions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Powers and duties of the Secretary of Commerce and other offices
and officers of Department of Commerce relating to highways, ground
transportation generally, aircraft, and traffic and highway safety
generally
There are hereby transferred to and vested in the Secretary all
functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under --
(1) the following laws and provisions of law relating generally to
highways:
(A) Title 23, United States Code, as amended.
(B), (C) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(D) The Act of July 14, 1960, as amended (74 Stat. 526; 23 U.S.C.
313 note).
(E) to (M) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(2) the following laws and provisions of law relating generally to
ground transportation:
(A) The Act of September 30, 1965, as amended (79 Stat. 893) (49 App.
U.S.C. 1631 et seq.).
(B) The Federal Transit Act, as amended (78 Stat. 306, 49 (App.) U.
S.C. 1607).
(3) the following laws and provisions of law relating generally to
aircraft:
(A) The Act of September 7, 1957, as amended (71 Stat. 629) (49 App.
U.S.C. 1324 note).
(B) Section 410 of the Federal Aviation Act of 1958, as amended (72
Stat. 769) (49 App. U.S.C. 1380).
(C) Title XIII of the Federal Aviation Act of 1958, as amended (72
Stat. 800) (49 App. U.S.C. 1531 et seq.).
(4) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444.
(5) the following law to the extent it authorizes scientific and
professional positions which relate primarily to functions transferred
by this subsection: The Act of August 1, 1947, as amended (61 Stat.
715) (5 U.S.C. 3104).
(6) the following laws relating generally to traffic and highway
safety:
(A) The National Traffic and Motor Vehicle Safety Act of 1966 (80
Stat. 718) (15 U.S.C. 1381 et seq.).
(B) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444.
(b) General Counsel of Department of the Treasury
(1), (2) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(3) Notwithstanding any other provision of this chapter, the
functions, powers, and duties of the General Counsel of the Department
of the Treasury set out in chapter 47 of title 10 (Uniform Code of
Military Justice), are hereby transferred to and vested in the General
Counsel of the Department.
(c) Federal Aviation Agency; functions, powers, and duties of
Administrator and other offices and officers
(1) There are hereby transferred to and vested in the Secretary all
functions, powers, and duties of the Federal Aviation Agency, and of the
Administrator and other officers and offices thereof, including the
development and construction of a civil supersonic aircraft.
(2) Nothing in this chapter shall affect the power of the President
under section 302(e) of the Federal Aviation Act of 1958 (72 Stat. 746)
(49 App. U.S.C. 1343(c)) to transfer, to the Department of Defense in
the event of war, any functions transferred by this chapter from the
Federal Aviation Agency.
(d) Civil Aeronautics Board; chairman, members, officers, and
offices; transfer to National Transportation Safety Board
There are hereby transferred to and vested in the Secretary all
functions, powers, and duties of the Civil Aeronautics Board, and of the
Chairman, members, officers, and offices thereof under titles VI (72
Stat. 775) (49 App. U.S.C. 1421 et seq.) and VII (72 Stat. 781) (49 App.
U.S.C. 1441 et seq.) of the Federal Aviation Act of 1958, as amended:
Provided, however, That these functions, powers, and duties are hereby
transferred to and shall be exercised by the National Transportation
Safety Board. Decisions of the National Transportation Safety Board
made pursuant to the exercise of the functions, powers, and duties
enumerated in this subsection shall be administratively final, and
appeals as authorized by law or this chapter shall be taken directly to
the courts.
(e) Interstate Commerce Commission; functions, powers, and duties
relating to safety appliances and equipment on railroad engines and
cars, protection of employees and travelers, hours of service, medals
for heroism, explosives and other dangerous articles, safety appliance
methods and systems
There are hereby transferred to and vested in the Secretary all
functions, powers, and duties of the Interstate Commerce Commission, and
of the Chairman, members, officers, and offices thereof, under --
(1) the following laws relating generally to safety appliances and
equipment on railroad engines and cars, and protection of employees and
travelers:
(A) The Act of March 2, 1893, as amended (27 Stat. 531; 45 U.S.C. 1
et seq.).
(B) The Act of March 2, 1903, as amended (32 Stat. 943; 45 U.S.C. 8
et seq.).
(C) The Act of April 14, 1910, as amended (36 Stat. 298; 45 U.S.C.
11 et seq.).
(D) The Act of May 30, 1908, as amended (35 Stat. 476; 45 U.S.C. 17
et seq.).
(E) The Act of February 17, 1911, as amended (36 Stat. 913; 45 U.S.
C. 22 et seq.).
(F) The Act of March 4, 1915, as amended (38 Stat. 1192; 45 U.S.C.
30).
(G) Reorganization Plan No. 3 of 1965 (79 Stat. 1320).
(H) Joint Resolution of June 30, 1906, as amended (34 Stat. 838; 45
U.S.C. 35).
(I) The Act of May 27, 1908, as amended (35 Stat. 325; 45 U.S.C. 36
et seq.).
(J) The Act of March 4, 1909, as amended (35 Stat. 965; 45 U.S.C.
37).
(K) The Act of May 6, 1910, as amended (36 Stat. 350; 45 U.S.C. 38
et seq.).
(2) the following law relating generally to hours of service of
employees: The Act of March 4, 1907, as amended (34 Stat. 1415; 45 U.
S.C. 61 et seq.).
(3) the following law relating generally to medals for heroism: The
Act of February 23, 1905, as amended (33 Stat. 743) (49 App. U.S.C.
1201 et seq.).
(4) Repealed. Pub. L. 98-89, 4(b), Aug. 26, 1983, 97 Stat. 604.
(5) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444.
(6) the following provisions of the Interstate Commerce Act, as
amended --
(A) relating generally to safety appliance methods and systems:
Section 25 (49 App. U.S.C. 26).
(B) to (D) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(f) Retention by Interstate Commerce Commission of powers and
functions not expressly transferred
(1) Nothing in subsection (e) of this section shall diminish the
functions, powers, and duties of the Interstate Commerce Commission
under sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Interstate
Commerce Act, as amended, (former 49 U.S.C. 1(6), 306, 307, 309, 310a,
312, 316), or under any other section of that Act not specifically
referred to in subsection (e) of this section.
(2), (3) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(g) Department of the Army; functions, powers, and duties of
Secretary of the Army relating to tolls
There are hereby transferred to and vested in the Secretary all
functions, powers, and duties of the Secretary of the Army and other
officers and offices of the Department of the Army under --
(1) to (3) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(4) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444;
Pub. L. 100-17, title I, 135(h), Apr. 2, 1987, 101 Stat. 174.
(5), (6). Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(h) Applicability of administrative procedure and judicial review
provisions of title 5
The provisions of subchapter II of chapter 5 and of chapter 7 of
title 5 shall be applicable to proceedings by the Department and any of
the administrations or boards within the Department established by this
chapter except that notwithstanding this or any other provision of this
chapter, the transfer of functions, powers, and duties to the Secretary
or any other officer in the Department shall not include functions
vested by subchapter II of chapter 5 of title 5 in administrative law
judges employed by any department, agency, or component thereof whose
functions are transferred under the provisions of this chapter.
(Pub. L. 89-670, 6, Oct. 15, 1966, 80 Stat. 937; Pub. L. 92-401, 6,
Aug. 22, 1972, 86 Stat. 617; Pub. L. 93-633, title I, 113(d), (e), Jan.
3, 1975, 88 Stat. 2163; Pub. L. 95-251, 2(a)(12), Mar. 27, 1978, 92
Stat. 183; Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444; Pub.
L. 97-468, title VI, 615(a)(4), Jan. 14, 1983, 96 Stat. 2578; Pub. L.
98-89, 4(b), Aug. 26, 1983, 97 Stat. 604; Pub. L. 100-17, title I,
135(h), Apr. 2, 1987, 101 Stat. 174; Pub. L. 102-240, title III, 3003(
b), Dec. 18, 1991, 105 Stat. 2088.)
Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444, repealed
subsection (a)(2)(A) of this section insofar as it related to 4 of the
Act of Sept. 30, 1965, which was classified to section 1634 of this
Appendix prior to its repeal by section 7(b) of Pub. L. 97-449. See
section 329(a) of Title 49, Transportation.
Act of July 14, 1960, as amended, (74 Stat. 526; 23 U.S.C. 313
note), referred to in subsec. (a)(1)(D), means Pub. L. 86-660, July
14, 1960, 74 Stat. 526, as amended, which is set out as a note under
section 313 of Title 23, Highways.
Act of September 30, 1965, as amended (79 Stat. 893), referred to in
subsec. (a)(2)(A), is Pub. L. 89-220, Sept. 30, 1965, 79 Stat. 893,
as amended, which was classified generally to chapter 22 ( 1631 et seq.)
of this Appendix, and was omitted from the Code. For complete
classification of this Act to the Code prior to omission, see Tables.
The Federal Transit Act, referred to in subsec. (a)(2)(B), is Pub.
L. 88-365, July 9, 1964, 78 Stat. 302, as amended, which is classified
generally to chapter 21 ( 1601 et seq.) of this Appendix. For complete
classification of this Act to the Code, see Short Title note set out
under section 1601 of this Appendix and Tables.
Act of September 7, 1957, as amended (71 Stat. 629), referred to in
subsec. (a)(3)(A), is Pub. L. 85-307, Sept. 7, 1957, 71 Stat. 629, as
amended, which is set out as a note under section 1324 of this Appendix.
The Federal Aviation Act of 1958, as amended, referred to in subsecs.
(a)(3)(C) and (d), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731,
as amended. Titles VI, VII, and XIII of the Federal Aviation Act of
1958 are classified generally to subchapters VI ( 1421 et seq.), VII (
1441 et seq.), and XIII ( 1531 et seq.) of chapter 20 of this Appendix.
For complete classification of this Act to the Code, see Short Title
note set out under section 1301 of this Appendix and Tables.
Act of August 1, 1947, as amended (61 Stat. 715), referred to in
subsec. (a)(5), was amended generally by section 2 of Pub. L. 87-378,
Oct. 4, 1961, 75 Stat. 789, and subsequently repealed by section 8 of
Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 632, section 1 of which
enacted Title 5, Government Organization and Employees. Provisions that
authorized scientific and professional positions were reenacted in
section 3104 of Title 5.
The National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat.
718), referred to in subsec. (a)(6)(A), is Pub. L. 89-563, Sept. 9,
1966, 80 Stat. 718, as amended, which is classified generally to
chapter 38 ( 1381 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title note
set out under section 1381 of Title 15 and Tables.
This chapter, referred to in subsecs. (c)(2), (d), and (h), was in
the original ''this Act'', meaning Pub. L. 89-670, Oct. 15, 1966, 80
Stat. 931, as amended, known as the Department of Transportation Act,
which was classified principally to this chapter. The Act was
substantially repealed and the provisions thereof reenacted in subtitle
I ( 101 et seq.) of Title 49, Transportation, by Pub. L. 97-449, Jan.
12, 1983, 96 Stat. 2413. For complete classification of this Act to the
Code, see Short Title note set out under section 1651 of this Appendix
and Tables. For disposition of sections in revised Title 49, see Table
at the beginning of Title 49.
Act of March 2, 1893, as amended (27 Stat. 531; 45 U.S.C. 1 et
seq.), referred to in subsec. (e)(1)(A), is act Mar. 2, 1893, ch.
196, 27 Stat. 531, as amended, popularly known as the Safety Appliance
Act of March 2, 1893, which enacted sections 1 to 7 of Title 45,
Railroads. For complete classification of this Act to the Code, see
Tables.
Act of March 2, 1903, as amended (32 Stat. 943; 45 U.S.C. 8 et
seq.), referred to in subsec. (e)(1)(B), is act Mar. 2, 1903, ch.
976, 32 Stat. 943, as amended, popularly known as the Safety Appliance
Act of March 2, 1903, which enacted sections 8 to 10 of Title 45. For
complete classification of this Act to the Code, see Tables.
Act of April 14, 1910, as amended (36 Stat. 298; 45 U.S.C. 11 et
seq.), referred to in subsec. (e)(1)(C), is act Apr. 14, 1910, ch.
160, 36 Stat. 298, as amended, popularly known as the Safety Appliance
Act of April 14, 1910, which enacted sections 11 to 16 of Title 45.
Section 6 of act Apr. 14, 1910, which was classified to section 15 of
Title 45 was repealed and the provisions thereof reenacted as section
501(b) of Title 49, Transportation, by Pub. L. 97-449, Jan. 12, 1983,
96 Stat. 2413. For complete classification of this Act to the Code, see
Tables.
Act of May 30, 1908, as amended (35 Stat. 476; 45 U.S.C. 17 et
seq.), referred to in subsec. (e)(1)(D), is act May 30, 1908, ch. 225,
35 Stat. 476, as amended, which enacted sections 17 to 21 of Title 45
and was repealed by Pub. L. 97-468, title VII, 705, Jan. 14, 1983, 96
Stat. 2580.
Act of February 17, 1911, as amended (36 Stat. 913; 45 U.S.C. 22 et
seq.), referred to in subsec. (e)(1)(E), is act Feb. 17, 1911, ch.
103, 36 Stat. 913, as amended, which enacted sections 22 to 29 and 31
to 34 of Title 45. For complete classification of this Act to the Code,
see Tables.
Act of March 4, 1915, as amended (38 Stat. 1192; 45 U.S.C. 30),
referred to in subsec. (e)(1)(F), is act Mar. 4, 1915, ch. 169, 38
Stat. 1192, as amended, which enacted section 30 and amended section 23
of Title 45.
Reorganization Plan No. 3 of 1965 (79 Stat. 1320), referred to in
subsec. (e)(1)(G), is set out in the Appendix to Title 5, Government
Organization and Employees.
Joint Resolution of June 30, 1906, as amended (34 Stat. 838; 45 U.
S.C. 35), referred to in subsec. (e)(1)(H), is Joint Res. June 30,
1906, No. 46, 34 Stat. 838, as amended, which enacted section 35 of
Title 45, Railroads.
Act of May 27, 1908, as amended (35 Stat. 325; 45 U.S.C. 36 et
seq.), referred to in subsec. (e)(1)(I), is act May 27, 1908, ch. 200,
35 Stat. 317, as amended. Provisions of the act relating to safety
appliances enacted sections 36 and 37 of Title 45.
Act of March 4, 1909, as amended (35 Stat. 965; 45 U.S.C. 37),
referred to in subsec. (e)(1)(J), is act Mar. 4, 1909, ch. 299, 35
Stat. 959, as amended. Provisions of the act relating to safety
appliances enacted section 37 of Title 45.
Act of May 6, 1910, as amended (36 Stat. 350; 45 U.S.C. 38 et seq.),
referred to in subsec. (e)(1)(K), is act May 6, 1910, ch. 208, 36 Stat.
350, as amended, which enacted sections 38 to 43 of Title 45. For
complete classification of this Act to the Code, see Tables.
Act of March 4, 1907, as amended (34 Stat. 1415; 45 U.S.C. 61 et
seq.), referred to in subsec. (e)(2), is act Mar. 4, 1907, ch. 2939,
34 Stat. 1415, as amended, popularly known as the Hours of Service Act,
which is classified generally to chapter 3 ( 61 et seq.) of Title 45.
For complete classification of this Act to the Code, see Short Title
note set out under section 61 of Title 45 and Tables.
Act of February 23, 1905, as amended (33 Stat. 743), referred to in
subsec. (e)(3), is act Feb. 23, 1905, ch. 744, 33 Stat. 743, as
amended, popularly known as the Medals of Honor Act, which is classified
generally to chapter 17 ( 1201 et seq.) of this Appendix. For complete
classification of this Act to the Code, see Short Title note set out
under section 1201 of this Appendix and Tables.
The Interstate Commerce Act, referred to in subsec. (f)(1), is act
Feb. 4, 1887, ch. 104, 24 Stat. 379, as amended, which was classified
to chapters 1 ( 1 et seq.), 8 ( 301 et seq.), 12 ( 901 et seq.), 13 (
1001 et seq.), and 19 ( 1231 et seq.) of former Title 49,
Transportation. The Act was repealed by Pub. L. 95-473, 4(b), Oct.
17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV
( 10101 et seq.) of Title 49. For distribution of former sections of
Title 49 into the revised Title 49, see Table at the beginning of Title
49.
1991 -- Subsec. (a)(2)(B). Pub. L. 102-240 substituted ''Federal
Transit Act'' for ''Urban Mass Transportation Act of 1964''.
1987 -- Subsec. (g)(4). Pub. L. 100-17 struck out par. (4) which
related to laws and provisions respecting reasonableness of tolls.
1983 -- Subsec. (a)(1)(B), (C), (E) to (M). Pub. L. 97-449 struck
out subpars. (B), (C), and (E) to (M) which provided for the transfer
to the Secretary of Transportation of all functions, powers, and duties
of the Secretary of Commerce and other offices and officers of the
Department of Commerce under the following laws relating generally to
highways: the Federal-Aid Highway Act of 1966 (80 Stat. 766), the
Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145; 23 U.S.C.
307 note), the Federal-Aid Highway Act of 1954, as amended (68 Stat.
70), the Act of September 26, 1961, as amended (75 Stat. 670), the
Highway Revenue Act of 1956, as amended (70 Stat. 387; 23 U.S.C. 120
note), the Highway Beautification Act of 1965, as amended (79 Stat.
1028; 23 U.S.C. 131 et seq. notes), the Alaska Omnibus Act, as amended
(73 Stat. 141; 48 U.S.C. note prec. 21), the Joint Resolution of August
28, 1965, as amended (79 Stat. 578; 23 U.S.C. 101 et seq. notes),
section 502(c) of the General Bridge Act of 1946, as amended (60 Stat.
847; 33 U.S.C. 525(c)), the Act of April 27, 1962, as amended (76 Stat.
59), and Reorganization Plan No. 7 of 1949 (63 Stat. 1070).
Subsec. (a)(4). Pub. L. 97-449 struck out par. (4) which provided
for the transfer to the Secretary of Transportation of all functions,
powers, and duties of the Secretary of Commerce and other offices and
officers of the Department of Commerce under the Great Lakes Pilotage
Act of 1960, as amended (74 Stat. 259; 46 U.S.C. 216 et seq.).
Subsec. (a)(6)(B). Pub. L. 97-449 struck out provisions for the
transfer to the Secretary of Transportation of all functions, powers,
and duties of the Secretary of Commerce and other offices and officers
of the Department of Commerce under the Highway Safety Act of 1966 (80
Stat. 731).
Subsec. (b)(1), (2). Pub. L. 97-449 struck out pars. (1) and (2)
which provided that the Coast Guard be transferred to the Department of
Transportation and there be transferred to and vested in the Secretary
all functions, powers, and duties, relating to the Coast Guard, of the
Secretary of the Treasury and of other officers and offices of the
Department of the Treasury, and that, notwithstanding the transfer of
the Coast Guard to the Department and the transfer to the Secretary of
the functions, powers, and duties, relating to the Coast Guard, of the
Secretary of the Treasury and of other officers and offices of the
Department of the Treasury, the Coast Guard, together with the
functions, powers, and duties relating thereto, operate as a part of the
Navy, subject to the orders of the Secretary of the Navy, in time of war
or when the President shall so direct, as provided in section 3 of title
14. See section 108(a) of Title 49, Transportation.
Subsec. (c)(1). Pub. L. 97-449 struck out provisions that the
functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety (other than those relating to the
transportation, packaging, marking, or description of hazardous
materials) as set forth in sections 306, 307, 308, 309, 312, 313, 314,
1101, 1105, and 1111, and titles VI, VII, IX, and XII of the Federal
Aviation Act of 1958, as amended be transferred to the Federal Aviation
Administrator, and that, in exercising these enumerated functions,
powers, and duties, the Administrator be guided by the declaration of
policy in section 103 of the Federal Aviation Act of 1958, as amended,
that decisions of the Federal Aviation Administrator made pursuant to
the exercise of the functions, powers, and duties enumerated in this
subsection to be exercised by the Administrator be administratively
final, and that appeals as authorized by law or this chapter be taken
directly to the National Transportation Safety Board or to the courts,
as appropriate. See section 106(g) of Title 49, Transportation.
Subsec. (e)(4). Pub. L. 98-89 struck out par. (4) which transferred
to the Secretary of Transportation all functions of the Interstate
Commerce Commission regarding former sections 831-835 of Title 18,
Crimes and Criminal Procedure, which had related to explosives and other
dangerous articles.
Subsec. (e)(5). Pub. L. 97-449 struck out par. (5) which provided
for the transfer to the Secretary of Transportation of all functions,
powers, and duties of the Interstate Commerce Commission, and of the
Chairman, members, officers, and offices thereof, under the following
laws relating generally to standard time zones and daylight saving time:
the Act of March 19, 1918, as amended (40 Stat. 450; 15 U.S.C. 261 et
seq.), the Act of March 4, 1921, as amended (41 Stat. 1446; 15 U.S.C.
265), and the Uniform Time Act of 1966, as amended (80 Stat. 107).
Subsec. (e)(6)(B) to (D). Pub. L. 97-449 struck out provisions for
the transfer to the Secretary of Transportation of all functions,
powers, and duties of the Interstate Commerce Commission, and of the
Chairman, members, officers, and offices thereof under the provisions of
the Interstate Commerce Act, as amended, relating generally to
investigation of motor vehicle sizes, weights, and service of employees:
Section 226; relating generally to qualifications and maximum hours of
service of employees and safety of operation and equipment: Section
204(a)(1) and (2), to the extent that they relate to qualifications and
maximum hours of service of employees and safety of operation and
equipment; and section 204(a)(3), (3a), and (5); and to the extent
they relate to private carriers of property by motor vehicle and
carriers of migrant workers by motor vehicle other than contract
carriers: Sections 221(a), 221(c), and 224. See sections 503,
3102-3104 of Title 49, Transportation.
Subsec. (f)(2), (3). Pub. L. 97-449 struck out pars. (2) and (3)
which provided that, with respect to any function which was transferred
to the Secretary of Transportation by subsec. (e) and which was vested
in the Interstate Commerce Commission preceding such transfer, the
Secretary would have the same administrative powers under the Interstate
Commerce Act as the Commission had before such transfer with respect to
such transferred function, that after such transfer, the Commission
could exercise its administrative powers under the Interstate Commerce
Act only with respect to those of its functions not transferred by
subsec. (e), which defined ''function'' and ''administrative powers
under the Interstate Commerce Act'' for purposes of par. (2), and which
provided that the Federal Railroad Administrator was to carry out the
functions, powers, and duties of the Secretary pertaining to railroad
safety as set forth in the statutes transferred to the Secretary by
subsection (e) of this section (other than subsec. (e)(4) of this
section), that the Federal Highway Administrator was to carry out the
functions, powers, and duties of the Secretary pertaining to motor
carrier safety as set forth in the statutes transferred to the Secretary
by subsec. (e) of this section (other than subsec. (e)(4) of this
section), and that the decisions of the Federal Railroad Administrator
and the Federal Highway Administrator (i) which were made pursuant to
the exercise of the functions, powers, and duties enumerated in
subparagraphs (A) and (B) of this paragraph to be carried out by the
Administrators, and (ii) which involved notice and hearing required by
law, would be administratively final, and appeals as authorized by law
or this chapter were to be taken directly, to the National
Transportation Safety Board or the courts, as appropriate. See sections
103, 104, 501, 502, 504-507, 521-526 of Title 49, Transportation.
Subsec. (g)(1) to (3). Pub. L. 97-449 struck out pars. (1) to (3)
which provided for the transfer to the Secretary of Transportation of
all functions, powers, and duties of the Secretary of the Army and other
officers and offices of the Department of the Army under (1) the
following law and provisions of law relating generally to water vessel
anchorages: section 7 of the Act of March 4, 1915, as amended (38 Stat.
1053; 33 U.S.C. 471), article 11 of section 1 of the Act of June 7,
1897, as amended (30 Stat. 98; 33 U.S.C. 180), rule 9 of section 1 of
the Act of February 8, 1895, as amended (28 Stat. 647; 33 U.S.C. 258),
and rule numbered 13 of section 4233 of the Revised Statutes, as amended
(33 U.S.C. 322), (2) the following provision of law relating generally
to drawbridge operating regulations: section 5 of the Act of August 18,
1894, as amended (28 Stat. 362; 33 U.S.C. 499), and (3) the following
law relating generally to obstructive bridges: the Act of June 21,
1940, as amended (54 Stat. 497; 33 U.S.C. 511 et seq.).
Subsec. (g)(4)(A), (B), (E). Pub. L. 97-449 struck out subpars.
(A), (B), and (E) which provided for the transfer to the Secretary of
Transportation of all functions etc. of the Secretary and other
officers and offices of the Department of the Army under the following
laws and provisions of law relating generally to the reasonableness of
tolls: section 4 of the Act of March 23, 1906, as amended (34 Stat.
85; 33 U.S.C. 494), section 503 of the General Bridge Act of 1946, as
amended (60 Stat. 847; 33 U.S.C. 526), and the Act of August 21, 1935,
as amended (49 Stat. 670; 33 U.S.C. 503 et seq.).
Subsec. (g)(5), (6). Pub. L. 97-449 struck out pars. (5) and (6)
which provided for the transfer to the Secretary of Transportation of
all functions, powers, and duties of the Secretary of the Army and other
officers and offices of the Department of the Army under the following
law relating to prevention of pollution of the sea by oil: the Oil
Pollution Act, 1961, as amended (75 Stat. 402; 33 U.S.C. 1001 et seq.),
and the following laws and provision of law to the extent that they
relate generally to the location and clearances of bridges and causeways
in the navigable waters of the United States: section 9 of the Act of
March 3, 1899, as amended (30 Stat. 1151; 33 U.S.C. 401), the Act of
March 23, 1906, as amended (34 Stat. 84; 33 U.S.C. 491 et seq.), and
the General Bridge Act of 1946, as amended (60 Stat. 847; 33 U.S.C.
525 et seq.).
Subsec. (i). Pub. L. 97-468 struck out subsec. (i) which had
transferred to and vested in the Secretary of Transportation the
administration of the Alaska Railroad from the Secretary of the
Interior.
1978 -- Subsec. (h). Pub. L. 95-251 substituted ''administrative law
judges'' for ''hearing examiners''.
1975 -- Subsec. (c)(1). Pub. L. 93-633, 113(d), inserted ''(other
than those relating to the transportation, packaging, marking, or
description of hazardous materials)''.
Subsec. (f)(3)(A), (B). Pub. L. 93-633, 113(e), inserted ''(other
than subsection (e)(4) of this section)''.
1972 -- Subsec. (f)(3)(A). Pub. L. 92-401 substituted ''railroad
safety'' for ''railroad and pipeline safety''.
Amendment by Pub. L. 97-468 effective on date of transfer of Alaska
Railroad to the State (Jan. 5, 1985), pursuant to section 1203 of Title
45, Railroads, see section 615(b) of Pub. L. 97-468.
Provisions; Two Year Limitation After Jan. 3, 1975,
for Arrangements, Including Licenses, etc., To Comply
With Pub. L. 93-633; Pending Proceedings Unaffected
Amendment by Pub. L. 93-633 effective Jan. 3, 1975, except as
otherwise provided, see section 114 of Pub. L. 93-633, set out as an
Effective Date note under section 1801 of this Appendix.
Functions, powers, and duties of Civil Aeronautics Board terminated
or transferred by section 1551 of this Appendix, effective in part on
Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.
Amendment of Executive Orders relating to functions transferred to
Transportation Department, see Ex. Ord. No. 11382, Nov. 28, 1967, 32
F.R. 16247, set out under section 1652 of this Appendix.
441, 1202; title 49 sections 103, 501.
49 USC 1656. Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 89-670, 7, Oct. 15, 1966, 80 Stat. 941, related
to promulgation, use, etc., by Secretary of transportation investment
standards. See section 1962a-2(b) of Title 42, The Public Health and
Welfare, and section 305 of Title 49, Transportation.
49 USC 1657. Administrative provisions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) to (g) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
(h) Prohibition against reduction in classification or compensation
of transferees for one year
The transfer of personnel pursuant to subsections (f) and (g) of this
section shall be without reduction in classification or compensation for
one year after such transfer.
(i) Lapse of transferred offices and agencies; compensation of
executive positions upon continuity of service
In any case where all of the functions, powers, and duties of any
office or agency, other than the Coast Guard, are transferred pursuant
to this chapter, such office or agency shall lapse. Any person who, on
April 1, 1967, held a position compensated in accordance with the
Executive Schedule, and who, without a break in service, is appointed in
the Department to a position having duties comparable to those performed
immediately preceding his appointment shall continue to be compensated
in his new position at not less than the rate provided for his previous
position, for the duration of his service in his new position.
(j) to (p) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
(q) Contracts for research
(1) to (3) Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444.
(4) Nothing contained in this subsection is intended to amend,
modify, or repeal any provisions of law administered by the Department
which authorize the making of contracts for research.
(Pub. L. 89-670, 9, Oct. 15, 1966, 80 Stat. 944; Pub. L. 93-496,
16(b), Oct. 28, 1974, 88 Stat. 1533; Pub. L. 95-251, 2(a)(12), Mar.
27, 1978, 92 Stat. 183; Pub. L. 96-254, title II, 207, May 30, 1980, 94
Stat. 413; Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat. 2444.)
This chapter, referred to in subsec. (i), was in the original ''this
Act'', meaning Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as
amended, known as the Department of Transportation Act, which was
classified principally to this chapter. The Act was substantially
repealed and the provisions thereof reenacted in subtitle I ( 101 et
seq.) of Title 49, Transportation, by Pub. L. 97-449, Jan. 12, 1983,
96 Stat. 2413. For complete classification of this Act to the Code, see
Short Title note set out under section 1651 of this Appendix and Tables.
For disposition of sections in revised Title 49, see Table at the
beginning of Title 49.
The Executive Schedule, referred to in subsec. (i), is set out in
section 5311 et seq., of Title 5, Government Organization and Employees.
1983 -- Subsecs. (a) to (g), (j) to (q)(3), (r). Pub. L. 97-449
struck out subsecs. (a) to (g), (j) to (q)(3), and (r), which contained
provisions as follows: subsec. (a) related to authority of Secretary to
employ personnel and prescribe their authority and duties; subsec. (b)
related to temporary or intermittent employment of experts and
consultants; subsec. (c) related to detailing of military personnel for
service in Department of Transportation; subsec. (d) related to
assignment of military personnel to Department of Transportation;
subsec. (e) related to delegation and redelegation of powers and
functions; subsec. (f) related to transfer of personnel and property of
Federal Aviation Agency to Secretary of Transportation; subsec. (g)
related to transfer of personnel and property to Secretary of
Transportation and transfer of personnel and property of Civil
Aeronautics Board to National Transportation Safety Board; subsec. (j)
related to establishment of administrative and fiscal services necessary
to operation of Department of Transportation; subsec. (k) related to
seal of office for Department; subsec. (l) related to authority to
provide necessary facilities and services for personnel stationed in
remote areas; subsec. (m) related to Secretary's authority to accept
gifts and bequests; subsec. (n) related to authority of Secretary to
fill requests for statistical compilations covering Department of
Transportation matters on a reimbursable basis; subsec. (o) related to
appointment of advisory committees; subsec. (p) related to appointment
of Coast Guard personnel to serve with Department of Transportation;
subsec. (q)(1), (2), and (3) related to activities of Secretary in
entering into contracts for scientific or technological research; and
subsec. (r) related to establishment of a working capital fund. See
sections 102(e) and 322 to 331 of Title 49, Transportation.
1980 -- Subsec. (r). Pub. L. 96-254 added subsec. (r).
1978 -- Subsec. (a). Pub. L. 95-251 substituted ''administrative law
judges'' for ''hearing examiners''.
1974 -- Subsec. (p)(1). Pub. L. 93-496 substituted ''Deputy
Secretary'' for ''Under Secretary''.
49 USC 1657-1. Toxicological testing of Transportation Department
employees
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Post-accident or post-incident testing
When the Department of Transportation, including any of its agencies,
conducts post-accident or post-incident toxicological testing of an
employee of the Department, specimen collection shall be accomplished as
soon as practicable after the accident or incident, and the Department
shall endeavor when feasible to complete such collection within four
hours after the accident or incident.
(b) Reports
The head of each agency within the Department of Transportation shall
send to the Office of the Secretary of Transportation a report on the
circumstances concerning the amount of time required to complete
specimen collection related to a toxicological test which is conducted
on an employee within that agency who is reasonably associated with the
circumstances of an accident or incident within the investigative
jurisdiction of the National Transportation Safety Board.
(c) Failure to comply
Any failure to comply with the requirements of this section may not
be asserted, by the subject of such testing, as a claim, cause of
action, or defense in any administrative or judicial proceeding.
(Pub. L. 101-641, 5, Nov. 28, 1990, 104 Stat. 4656.)
Section was enacted as part of the Independent Safety Board Act
Amendments of 1990, and not as part of the Department of Transportation
Act which comprises this chapter.
49 USC 1657a, 1658. Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96
Stat. 2444
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1657a, Pub. L. 89-670, 11, as added Pub. L. 94-210, title
IX, 906, Feb. 5, 1976, 90 Stat. 149, related to establishment, powers,
functions, etc., of the Minority Resource Center. See section 332 of
Title 49, Transportation.
Section 1658, Pub. L. 89-670, 12, formerly 11, Oct. 15, 1966, 80
Stat. 949; renumbered 12, Pub. L. 94-210, title IX, 906, Feb. 5,
1976, 90 Stat. 149, required annual reports by the Secretary. See
section 308(a) of Title 49.
49 USC 1659. Separability
TITLE 49, APPENDIX -- TRANSPORTATION
If any provision of this chapter or the application thereof to any
person or circumstances is held invalid, the remainder of this chapter,
and the application of such provision to other persons or circumstances
shall not be affected thereby.
(Pub. L. 89-670, 14, formerly 13, Oct. 15, 1966, 80 Stat. 950,
renumbered Pub. L. 94-210, title IX, 906, Feb. 5, 1976, 90 Stat. 149.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended,
known as the Department of Transportation Act, which was classified
principally to this chapter. The Act was substantially repealed and the
provisions thereof reenacted in subtitle I ( 101 et seq.) of Title 49,
Transportation, by Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2413. For
complete classification of this Act to the Code, see Short Title note
set out under section 1651 of this Appendix and Tables. For disposition
of sections in revised Title 49, see Table at the beginning of Title 49.
49 USC 1660. Repealed. Pub. L. 97-449, 7(b), Jan. 12, 1983, 96 Stat.
2444
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 89-670, 17, as added Pub. L. 97-35, title XI,
1194(a), Aug. 13, 1981, 95 Stat. 702, set forth authorization of
appropriations for fiscal years ending Sept. 30, 1982, through Sept.
30, 1984. See section 335 of Title 49, Transportation.
49 USC CHAPTER 24 -- NATURAL GAS PIPELINE SAFETY
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
1671. Definitions.
1672. Federal safety standards.
(a) Minimum standards; factors to be considered; State standards;
reporting requirements.
(b) Effective date of standards.
(c) Administrative procedure.
(d) Waiver of compliance with standards.
(e) Notification standards.
(f) Pipeline inventory standards.
(g) Instrumented internal inspection devices.
(h) Offshore pipeline inspection and burial.
1673. Technical Pipeline Safety Standards Committee.
(a) Creation; membership; qualifications.
(b) Report of proposed standards; publication; record of Committee
proceedings.
(c) Compensation.
1674. State certifications and agreements.
(a) Report to Secretary by State agency; annual certification.
(b) Agreements with State agencies; notification to Secretary of
violations of standards.
(c) Monitoring requirements.
(d) Grants to aid State enforcement; withholding funds from State
agency.
(e) Recertification.
(f) Termination of agreement.
1674a. Establishment of standards for LNG facilities.
(a) Safety standards respecting location, design, installation,
construction, and initial inspection and testing of LNG facilities.
(b) Standards respecting operation and maintenance of LNG facilities.
(c) Effect on existing LNG facilities.
(d) Factors considered in prescribing general safety standards.
(e) Amendment of standards.
(f) Applicability of provisions of section 1672 of this Appendix to
standards prescribed under this section.
1674b. Financial responsibility for certain LNG facilities.
(a) Study regarding risks associated with production, transportation,
and storage of LNG and liquid petroleum gas; report to Congress.
(b) Notice of inadequate financial responsibility; hearing;
judicial review.
(c) Methods acceptable for maintenance of financial responsibility.
1675. Judicial review.
(a) Person aggrieved; venue.
(b) Jurisdiction.
(c) Appeal.
(d) Successors in office.
(e) Remedies.
1676. Cooperation with Federal Energy Regulatory Commission and
State commissions.
(a) General rule.
(b) Coordination procedures.
1677. Compliance.
(a) Requirements regarding standards and inspection and maintenance.
(b) Orders directing compliance.
(c) Tort liability.
1678, 1679. Repealed.
1679a. Penalties.
(a) Civil penalties.
(b) Action by Attorney General to recover subsection (a) penalty.
(c) Criminal penalties.
(d) Violations based on same act.
1679b. Specific relief.
1680. Inspection and maintenance plans.
1681. Powers and duties of Secretary.
(a) General authority.
(b) Records and reports of persons engaged in transportation of gas
or who own or operate pipeline facilities.
(c) Inspection of records and property.
(d) Availability of accident reports and research and demonstration
project reports.
(e) Disclosure of information relating to trade secrets.
1682. Administration.
(a) Information furnished to Federal Energy Regulatory Commission or
any appropriate State agency.
(b) Cooperation with other agencies.
(c) Consultation with other agencies.
(d) Intervention by Secretary.
1682a. Pipeline safety user fees.
(a) Establishment.
(b) Time of assessment.
(c) Use of funds.
(d) Fee schedule.
1683. Annual report to Congress.
1684. Authorization of appropriations; Federal grants-in-aid.
1685. Consumer education program.
1686. Civil actions by citizens.
(a) Mandatory or prohibitive injunctive relief against persons in
violation of this chapter.
(b) Restrictions.
(c) Intervention by Attorney General.
(d) Other statutory or common law rights.
(e) Costs and attorney's fees.
(f) Violation of State safety standards or practices.
1687. Minimum requirements for one-call notification systems.
(a) State adoption of system.
(b) One-call notification systems.
(c) Grants to States.
(d) Limitation.
(e) ''Pipeline facility'' defined.
(f) Authorization of appropriations.
section 6991.
49 USC 1671. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
As used in this chapter --
(1) ''Person'' means any individual, firm, joint venture,
partnership, corporation, association, State, municipality, cooperative
association, or joint stock association, and includes any trustee,
receiver, assignee, or personal representative thereof;
(2) ''Gas'' means natural gas, flammable gas, or gas which is toxic
or corrosive;
(3) ''Transportation of gas'' means the gathering, transmission or
distribution of gas by pipeline or its storage in interstate or foreign
commerce; except that it shall not include the gathering of gas in
those rural locations which lie outside the limits of any incorporated
or unincorporated city, town, village, or any other designated
residential or commercial area such as a subdivision, a business or
shopping center, a community development, or any similar populated area
which the Secretary may define as a nonrural area;
(4) ''Pipeline facilities'' includes, without limitation, new and
existing pipe rights-of-way and any equipment facility, or building used
in the transportation of gas or the treatment of gas during the course
of transportation but ''rights-of-way'' as used in this chapter does not
authorize the Secretary to prescribe the location or routing of any
pipeline facility;
(5) ''State'' includes each of the several States, the District of
Columbia, and the Commonwealth of Puerto Rico;
(6) ''Municipality'' means a city, county, or any other political
subdivision of a State;
(7) ''National organization of State commissions'' means the national
organization of the State commissions referred to in subchapter III of
chapter 103 of title 49;
(8) ''Interstate transmission facilities'' means pipeline facilities
used in the transportation of gas which are subject to the jurisdiction
of the Federal Energy Regulatory Commission under the Natural Gas Act
(15 U.S.C. 717 et seq.), except that it shall not include any pipeline
facilities within a State which transport gas from an interstate gas
pipeline to a direct sales customer within such State purchasing gas for
its own consumption;
(9) ''Intrastate pipeline transportation'' means pipeline facilities
and transportation of gas within a State which are not subject to the
jurisdiction of the Federal Energy Regulatory Commission under the
Natural Gas Act (15 U.S.C. 717 et seq.), except that it shall include
pipeline facilities within a State which transport gas from an
interstate gas pipeline to a direct sales customer within such State
purchasing gas for its own consumption;
(10) ''Secretary'' means the Secretary of Transportation;
(11) ''LNG'' means natural gas in a liquid or semisolid state;
(12) ''LNG facility'' means any pipeline facility used for the
transportation or storage of LNG, or for LNG conversion, in interstate
or foreign commerce, but does not include any structure or equipment (or
portion thereof) located in navigable waters (as defined in section
796(8) of title 16);
(13) ''LNG conversion'' means conversions of natural gas into LNG
(liquefaction or solidification) or the conversion of LNG into natural
gas (vaporization);
(14) ''Existing LNG facility'' means any LNG facility for which an
application for the approval of the siting, construction, or operation
of such facility was filed before March 1, 1978, with --
(A) the Department of Energy or any predecessor organization of the
Department, or
(B) the appropriate State or local agency, in the case of any
facility not subject to the jurisdiction of the Department of Energy
under the Natural Gas Act (15 U.S.C. 717 et seq.),
except that such term does not include any facility the construction
of which commences on or after November 30, 1979, and such construction
is not pursuant to such an approval;
(15) ''New LNG facility'' means any LNG facility other than an
existing LNG facility;
(16) ''LNG accident'' means any release, burning, or explosion of LNG
resulting from --
(A) a rupture or other failure of a storage tank, pipeline, or other
LNG facility;
(B) natural hazards (including earthquakes, hurricanes, and high
winds);
(C) sabotage; or
(D) any other cause;
other than any such release, burning, or explosion which, as
determined in accordance with regulations prescribed by the Secretary,
does not pose a threat to public health or safety, property, or the
environment; and
(17) ''Interstate or foreign commerce'' means any trade, traffic,
transportation, exchange, or other commerce --
(A) between any State and any place outside of such State, or
(B) which affects any trade, transportation, exchange, or other
commerce described in subparagraph (A).
(Pub. L. 90-481, 2, Aug. 12, 1968, 82 Stat. 720; Pub. L. 94-477, 3,
Oct. 11, 1976, 90 Stat. 2073; Pub. L. 96-129, title I, 109(a), (b),
151, 152(b)(1), Nov. 30, 1979, 93 Stat. 996, 998, 1001.)
The national organization of State commissions, referred to in par.
(7), is referred to specifically in section 10344(f) of Title 49,
Transportation.
The Natural Gas Act, referred to in pars. (8), (9), and (14)(B), is
act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
classified generally to chapter 15B ( 717 et seq.) of Title 15, Commerce
and Trade. For complete classification of this Act to the Code, see
section 717w of Title 15 and Tables.
1979 -- Par. (3). Pub. L. 96-129, 152(b)(1), struck out ''or
affecting'' after ''its storage in''.
Par. (7). Pub. L. 96-129, 109(a), substituted ''subchapter III of
chapter 103 of title 49'' for ''part II of the Interstate Commerce
Act''.
Pars. (8), (9). Pub. L. 96-129, 109(b), substituted ''Federal Energy
Regulatory Commission'' for ''Federal Power Commission''.
Pars. (11) to (17). Pub. L. 96-129, 151, added pars. (11) to (17).
1976 -- Par. (8). Pub. L. 94-477, 3(1), inserted exception that
''Interstate transmission facilities'' not include any pipeline
facilities within a State which transport gas from an interstate gas
pipeline to a direct sales customer within such State purchasing gas for
its own consumption.
Pars. (9), (10). Pub. L. 94-477, 3(2), added par. (9) and
redesignated former par. (9) as (10).
Section 112 of Pub. L. 96-129 provided that:
''(a) The provisions of this subtitle (enacting sections 1679a and
1679b of this Appendix, amending sections 1671 to 1674, 1675 to 1677,
and 1680 to 1684 of this Appendix, repealing sections 1678 and 1679 of
this Appendix, and enacting provisions set out as notes under sections
1672 and 1682 of this Appendix), including amendments made by such
provisions, shall take effect on the date of the enactment of this Act
(Nov. 30, 1979).
''(b) Suits, actions, or other proceedings pending upon the date of
the enactment of this subtitle (Nov. 30, 1979) shall not be affected by
the provisions of this subtitle and shall be completed as if this title
had not been enacted, unless the Secretary makes a determination that
the public safety otherwise requires.''
Section 156 of Pub. L. 96-129 provided that: ''The provisions of
this subtitle (enacting sections 1674a and 1674b of this Appendix and
amending sections 1671, 1672, 1676, 1679a, and 1682 of this Appendix),
including amendments made by such provisions, shall take effect on the
date of the enactment of this Act (Nov. 30, 1979).''
Pub. L. 100-561, 1(a), Oct. 31, 1988, 102 Stat. 2805, provided
that: ''This Act (enacting sections 1687 and 2015 of this Appendix,
amending sections 1672, 1674, 1676, 1679a, 1680, 1681, 1684, 2002, 2004,
2007, 2009, 2010, 2011, and 2013 of this Appendix and section 1988 of
Title 15, Commerce and Trade, and enacting provisions set out as notes
preceding section 101 and under sections 1672, 1680, and 2015 of Title
49, Transportation) may be cited as the 'Pipeline Safety Reauthorization
Act of 1988'.''
Section 1(a) of Pub. L. 96-129 provided that: ''This Act (enacting
chapter 29 ( 2001 et seq.) and sections 1674a, 1674b, 1679a, and 1679b
of this Appendix, amending this section and sections 1672 to 1674, 1675
to 1677, 1679a, 1680 to 1684, and 1811 of this Appendix, repealing
sections 1678 and 1679 of this Appendix and sections 831 to 835 of Title
18, Crimes and Criminal Procedure, and enacting provisions set out as
notes under this section and sections 1672, 1682, and 2001 of this
Appendix and section 831 of Title 18) may be cited as the 'Pipeline
Safety Act of 1979'.''
Section 1 of Pub. L. 94-477 provided: ''That this Act (enacting
sections 1685 and 1686 of this Appendix and amending this section and
sections 1672, 1674, 1680, 1683, and 1684 of this Appendix) may be cited
as the 'Natural Gas Pipeline Safety Act Amendments of 1976'.''
Pub. L. 93-403, 1, Aug. 30, 1974, 88 Stat. 802, provided: ''That
this Act (amending sections 1674 and 1684 of this Appendix) may be cited
as the 'Natural Gas Pipeline Safety Act Amendments of 1974'.''
Section 1 of Pub. L. 90-481 provided: ''That this Act (enacting
this chapter) may be cited as the 'Natural Gas Pipeline Safety Act of
1968'.''
Enforcement functions of Secretary or other official of Department of
Transportation relating to compliance with this chapter and gas pipeline
safety regulations issued thereunder as they relate to pre-construction,
construction, and initial operation of an approved transportation system
for Canadian and Alaskan natural gas transferred to Federal Inspector,
Office of the Federal Inspector of Alaska Natural Gas Transportation
System until first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979,
102(c), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective
July 1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees.
49 USC 1672. Federal safety standards
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Minimum standards; factors to be considered; State standards;
reporting requirements
(1) The Secretary shall, by regulation, establish minimum Federal
safety standards for the transportation of gas and pipeline facilities.
Such standards may apply to the design, installation, inspection,
emergency plans and procedures, testing, construction, extension,
operation, replacement, and maintenance of pipeline facilities. Such
standards may include a requirement that all individuals responsible for
the operation and maintenance of pipeline facilities be tested for
qualifications and certified to perform such functions. Standards
affecting the design, installation, construction, initial inspection,
and initial testing shall not be applicable to pipeline facilities in
existence on the date such standards are adopted. Such Federal safety
standards shall be practicable and designed to meet the need for
pipeline safety. In prescribing such standards, the Secretary shall
consider --
(A) relevant available pipeline safety data;
(B) whether such standards are appropriate for the particular type of
pipeline transportation or facility;
(C) the reasonableness of any proposed standards; and
(D) the extent to which such standards will contribute to public
safety.
Any State agency may adopt additional or more stringent safety
standards for intrastate pipeline transportation if such standards are
compatible with the Federal minimum standards. No State agency may
adopt or continue in force any such standards applicable to interstate
transmission facilities, after the Federal minimum standards become
effective.
(2) Not later than 12 months after November 30, 1979, the Secretary
shall provide that the Federal minimum safety standards established
under this section include a requirement that any operator of pipeline
facilities --
(A) participate in any public safety program --
(i) which provides for notice to pipeline facility operators of
proposed demolition, excavation, tunneling, or construction near or
affecting such facility;
(ii) which requires such operators to identify specific pipeline
facilities which may be affected by the proposed demolition, excavation,
tunneling, or construction, for the purpose of preventing damage to such
facilities; and
(iii) which the Secretary determines is being carried out in a manner
adequate to assure protection against the hazards to that operator's
pipeline facilities created by such demolition, excavation, tunneling,
or construction; or
(B) to the extent that such a program is not available, take such
steps as the Secretary shall prescribe to provide services to the public
with respect to that operator's pipeline facilities which are comparable
to those which would be available to the public under such a program.
(3) Not later than 12 months after October 22, 1986, the Secretary
shall issue regulations requiring each person who operates pipeline
facilities, not including master meters, to report to the Secretary --
(A) any condition that constitutes a hazard to life or property, and
(B) any safety-related condition that causes or has caused a
significant change or restriction in the operation of pipeline
facilities.
Reports submitted under this paragraph shall be in writing and shall
be received by the Secretary within 5 working days after any
representative of a person subject to the reporting requirements of this
paragraph first determines that such condition exists. Notice of any
such condition shall concurrently be supplied to appropriate State
authorities.
(b) Effective date of standards
Any standards prescribed under this section, and amendments thereto,
shall become effective thirty days after the date of issuance of such
standards unless the Secretary, for good cause recited, determines an
earlier or later effective date is required as a result of the period
reasonably necessary for compliance and such date is specified in the
regulation establishing or amending such standard.
(c) Administrative procedure
The provisions of subchapter II of chapter 5 of title 5 shall apply
to all actions establishing, amending, revoking, or directing or waiving
compliance with, any standard established under this chapter. The
Secretary shall afford interested persons an opportunity to participate
fully in the establishment of such safety standards through submission
of written data, views, or arguments with opportunity to present oral
testimony and argument.
(d) Waiver of compliance with standards
Upon application by any person engaged in the transportation of gas
or the operation of pipeline facilities, the Secretary may, by order,
after notice and opportunity for hearing and under such terms and
conditions and to such extent as he deems appropriate, waive in whole or
in part compliance with any standard established under this chapter, if
he determines that a waiver of compliance with such standard is not
inconsistent with gas pipeline safety. The Secretary shall state his
reasons for any such waiver. A State agency, with respect to which
there is in effect a certification pursuant to section 1674(a) of this
Appendix or an agreement pursuant to section 1674(b) of this Appendix,
may waive compliance with a safety standard in the same manner and to
the same extent as the Secretary, provided such State agency gives the
Secretary written notice at least sixty days prior to the effective date
of the waiver. If, before the effective date of a waiver to be granted
by a State agency, the Secretary objects in writing to the granting of
the waiver, any State agency action granting the waiver will be stayed.
After notifying such State agency of his objection, the Secretary shall
afford such agency a prompt opportunity to present its request for
waiver, with opportunity for hearing, and the Secretary shall determine
finally whether the requested waiver may be granted.
(e) Notification standards
Not later than 1 year after October 31, 1988, the Secretary shall
establish by regulation minimum Federal standards requiring operators of
pipeline facilities subject to this chapter (to the extent practicable)
to provide, and revise as necessary, information relating to the
operation of such facilities. Such information shall be completed and
maintained and be provided, upon request, to the Secretary and an
appropriate official of a State, as the case may be. Such information
shall include the following:
(1) The business name, address, and telephone number, including an
operations emergency telephone number, of the operator.
(2) An accurate map or maps, along with an appropriate supplementary
geographic description, showing the location of major pipeline
facilities, including all transmission lines and significant
distribution lines, of such operator in the State.
(3) A description of the characteristics of the operator's pipelines
within the State.
(4) A description of all products transported through the operator's
pipelines within the State.
(5) The manual which governs operations and maintenance of the
pipeline facilities located in the State.
(6) An emergency response plan describing the operator's procedures
for responding to and containing releases, including --
(A) an identification of specific actions which will be taken by the
operator on discovery of a release;
(B) liaison procedures with State and local government agencies for
emergency response; and
(C) communication and alert procedures for immediate notification of
State and local officials at the time of any release.
(7) Any other information the Secretary considers useful and
necessary to inform the States of the presence of pipeline facilities
and operations within their boundaries.
(f) Pipeline inventory standards
The Secretary shall, by regulation, establish minimum Federal
standards to require, not later than 1 year after October 31, 1988,
operators of pipeline facilities subject to this chapter, to the extent
practicable, to complete and maintain for the Secretary, and to revise
as appropriate thereafter, an inventory with appropriate information
with respect to all types of pipe used for the transmission of gas in
such operator's system, along with additional information such as the
material history and the leak history of such pipe. Such inventory
shall exclude equipment used with the compression of gas.
(g) Instrumented internal inspection devices
The Secretary shall, by regulation, establish minimum Federal safety
standards requiring that --
(1) the design and construction of new transmission facilities, and
(2) when replacement of existing transmission facilities or equipment
is required, the replacement of such existing facilities,
be carried out, to the extent practicable, in a manner so as to
accommodate the passage through such transmission facilities of
instrumented internal inspection devices (commonly referred to as
''smart pigs'').
(h) Offshore pipeline inspection and burial
(1) Initial inspection
(A) Requirement
Not later than --
(i) 18 months after November 16, 1990; or
(ii) one year after the issuance of standards under subparagraph (D),
whichever occurs first, the operator of each offshore pipeline
facility in the Gulf of Mexico and its inlets shall inspect such
pipeline facility and report to the Secretary on any portion of the
pipeline facility which is exposed or is a hazard to navigation. This
subparagraph shall apply only to pipeline facilities between the mean
high water mark and the point where the subsurface is under 15 feet of
water, as measured from mean low water.
(B) Extension
The Secretary may extend the time period for compliance under
subparagraph (A) with respect to a pipeline facility for an additional
period of up to six months if the operator of the pipeline facility
demonstrates to the satisfaction of the Secretary that a good faith
effort, with due diligence and care, has failed to enable compliance
with the deadline under subparagraph (A).
(C) Prior inspection recognition
Any inspection of a pipeline facility which has occurred after
October 3, 1989, may be used for compliance with subparagraph (A), if
the inspection conforms to the requirements of that subparagraph.
(D) Establishment of standards
The Secretary shall, within six months after November 16, 1990,
establish standards --
(i) for the purposes of this subsection, for what constitutes an
exposed pipeline facility; and
(ii) for the purposes of this subsection, for what constitutes a
hazard to navigation.
(2) Hazardous conditions
(A) Reporting procedure
The Secretary shall, by regulation, establish a program to require
pipeline facility operators described in paragraph (1)(A) to report
potential or existing navigational hazards involving pipeline facilities
to the Secretary through appropriate Coast Guard offices.
(B) Marking of hazardous pipeline facilities
The operator of a pipeline facility described in paragraph (1)(A) who
discovers any portion of the pipeline facility which is a hazard to
navigation shall mark the location of the hazardous portion with a Coast
Guard approved marine buoy or marker and shall immediately notify the
Secretary as provided by the Secretary pursuant to subparagraph (A) of
this paragraph. Any marine buoy or marker used pursuant to this
subparagraph shall be considered a pipeline sign or right-of-way marker
for purposes of section 1679a(c)(3) of this Appendix.
(3) Permanent inspection requirement
Not later than 30 months after November 16, 1990, on the basis of
experience with the initial inspection program under paragraph (1) and
any other information available to the Secretary, the Secretary shall
establish a mandatory, systematic, and where appropriate, periodic
inspection program of offshore pipeline facilities in the Gulf of Mexico
and its inlets.
(4) Burial requirement
The Secretary shall, by regulation, require that each offshore
pipeline facility --
(A) that is subject to inspection under paragraph (1) and is exposed
or constitutes a hazard to navigation; or
(B) that constitutes a hazard to navigation,
is buried within six months after the date that the condition of the
pipeline facility is reported to the Secretary. The Secretary may
extend the time period for compliance under this paragraph with respect
to a pipeline facility for such period as is reasonable to ensure
compliance with this paragraph.
(Pub. L. 90-481, 3, Aug. 12, 1968, 82 Stat. 720; Pub. L. 94-477, 4,
Oct. 11, 1976, 90 Stat. 2073; Pub. L. 96-129, title I, 101(a), 104(a)(
2), (c), (d), 109(c)-(f), 152(b)(2), Nov. 30, 1979, 93 Stat. 990, 992,
994, 996, 1001; Pub. L. 99-516, 3(a)(1), Oct. 22, 1986, 100 Stat.
2965; Pub. L. 100-561, title I, 101, 102, 108(b), Oct. 31, 1988, 102
Stat. 2806, 2808; Pub. L. 101-599, 1(a), Nov. 16, 1990, 104 Stat.
3038.)
1990 -- Subsec. (h). Pub. L. 101-599 added subsec. (h).
1988 -- Subsec. (a)(1). Pub. L. 100-561, 101, inserted after first
sentence ''Such standards may include a requirement that all individuals
responsible for the operation and maintenance of pipeline facilities be
tested for qualifications and certified to perform such functions.''
Subsecs. (e), (f). Pub. L. 100-561, 102, added subsecs. (e) and
(f).
Subsec. (g). Pub. L. 100-561, 108(b), added subsec. (g).
1986 -- Subsec. (a)(3). Pub. L. 99-516 added par. (3).
1979 -- Subsec. (a)(1). Pub. L. 96-129, 101(a), 109(c)-(e),
redesignated subsec. (b) as (a)(1) and pars. (1) to (4) thereof as
subpars. (A) to (D) and, as so redesignated, substituted ''The
Secretary shall, by regulation'' for ''Not later than twenty-four months
after August 12, 1968, and from time to time thereafter, the Secretary
shall, by order,'', struck out provision requiring that whenever the
Secretary finds a particular facility to be hazardous to life or
property, he shall be empowered to require the person operating such
facility to take such steps necessary to remove such hazards, and
inserted ''or facility'' after ''pipeline transportation'' in subpar.
(B) as so redesignated and ''safety'' after ''more stringent'' in
provisions following subpar. (D) as so redesignated. Former subsec.
(a), relating to interim safety standards, was struck out.
Subsec. (a)(2). Pub. L. 96-129, 101(a), 109(c), added par. (2).
Subsec. (b). Pub. L. 96-129, 109(c), (f), redesignated subsec. (c) as
(b) and inserted ''and such date is specified in the regulation
establishing or amending such standard'' after ''period reasonably
necessary for compliance''. Former subsec. (b) redesignated (a).
Subsec. (c). Pub. L. 96-129, 104(a)(2), (c), 109(c), redesignated
subsec. (d) as (c), substituted ''all actions'' for ''all orders'', and
inserted ''directing or'' before ''waiving compliance with''. Former
subsec. (c) redesignated (b).
Subsecs. (d), (e). Pub. L. 96-129, 104(d), 109(c), 152(b)(2),
redesignated subsec. (e) as (d) and inserted '', by order'' after ''the
Secretary may'' and ''and to the same extent'' after ''in the same
manner''. Former subsec. (d) redesignated (c).
1976 -- Subsec. (b). Pub. L. 94-477 inserted ''emergency plans and
procedures,'' after ''installation, inspection,'' in provisions
preceding par. (1) and substituted reference to intrastate pipeline
transportation for reference to pipeline facilities and the
transportation of gas not subject to the jurisdiction of the Federal
Power Commission under the Natural Gas Act in the provisions following
par. (4).
Section 101(c) of Pub. L. 96-129 provided that: ''Requirements
under the amendments made by subsection (a) (amending this section)
shall not apply with respect to annual certifications under section 5
(section 1674 of this Appendix) during the 2-year period which begins on
the effective date of such requirements.''
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see sections
112 and 156 of Pub. L. 96-129, set out as a note under section 1671 of
this Appendix.
Section 305 of Pub. L. 100-561 provided that:
''(a) Study. -- The Secretary of Transportation shall undertake a
study of the safety, cost, feasibility, and effectiveness of requiring
operators of pipeline facilities subject to the Natural Gas Pipeline
Safety Act of 1968 (this chapter) and operators of pipeline facilities
subject to the Hazardous Liquid Pipeline Safety Act of 1979 (section
2001 et seq. of this Appendix) to install emergency flow restricting
devices in existing and future pipeline systems in varying circumstances
and locations. The Secretary of Transportation shall also assess the
cost and effectiveness of initiating a demonstration project of such
emergency flow restricting devices.
''(b) Report. -- Not later than 1 year after the date of the
enactment of this Act (Oct. 31, 1988), the Secretary of Transportation
shall submit to Congress a report detailing the Secretary's findings
under subsection (a) together with any recommendations of the Secretary
for appropriate legislation.''
Section 306 of Pub. L. 100-561 provided that:
''(a) Assessment and Report. -- The Secretary of Transportation shall
assess the feasibility of regulating persons whose excavation activities
may result in damage to pipeline facilities (as defined under section 2
of the Natural Gas Pipeline Safety Act of 1968 (section 1671 of this
Appendix) and under section 202 of the Hazardous Liquid Pipeline Safety
Act of 1979 (section 2001 of this Appendix)) and, not later than 1 year
after the date of the enactment of this Act (Oct. 31, 1988), transmit to
Congress a report on the results of such assessment together with any
legislative recommendations of the Secretary concerning regulation of
such persons.
''(b) Funding. -- The Secretary of Transportation may use such sums
as may be necessary of funds appropriated pursuant to section 17(a) of
the Natural Gas Pipeline Safety Act of 1968 (section 1684(a) of this
Appendix) and section 214(a) of the Hazardous Liquid Pipeline Safety Act
(section 2013(a) of this Appendix) to carry out this section.''
49 USC 1673. Technical Pipeline Safety Standards Committee
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Creation; membership; qualifications
The Secretary shall establish a Technical Pipeline Safety Standards
Committee. The Committee shall be appointed by the Secretary, after
consultation with public and private agencies concerned with the
technical aspect of the transportation of gas or the operation of
pipeline facilities, and shall be composed of fifteen members each of
whom shall be experienced in the safety regulation of the transportation
of gas and of pipeline facilities or technically qualified by training,
experience, or knowledge in one or more fields of engineering applied in
the transportation of gas or the operation of pipeline facilities to
evaluate gas pipeline safety standards, as follows:
(1) Five members shall be selected from governmental agencies,
including State and Federal Governments, two of whom, after consultation
with representatives of the national organization of State commissions,
shall be State commissioners;
(2) Four members shall be selected from the natural gas industry
after consultation with industry representatives, not less than three of
whom shall be currently engaged in the active operation of natural gas
pipelines; and
(3) Six members shall be selected from the general public.
(b) Report of proposed standards; publication; record of Committee
proceedings
The Secretary shall submit to the Committee any proposed standard
under this chapter, or any proposed amendment to a standard under this
chapter, for its consideration. Within 90 days after receipt by the
Committee of any proposed standard or amendment, the Committee shall
prepare a report on the technical feasibility, reasonableness, and
practicability of such standard or amendment. The Secretary may
prescribe a final standard or final amendment to a standard at any time
after the 90th day after its submission to the Committee, whether or not
the Committee has reported on such standard or amendment. Each report
by the Committee, including any minority views, shall be published by
the Secretary and, if timely made, form a part of the proceedings for
the promulgation of standards. In the event that the Secretary rejects
the conclusions of the majority of the Committee, he shall not be bound
by such conclusions but shall publish his reasons for rejection thereof.
The Committee may propose safety standards for pipeline facilities and
the transportation of gas to the Secretary for his consideration. The
Committee shall meet with the Secretary (or his designee) not less
frequently than twice each calendar year. All proceedings of the
Committee shall be recorded and the record of each such proceeding shall
be available for public inspection.
(c) Compensation
Members of the Committee other than Federal employees may be
compensated at a rate to be fixed by the Secretary not to exceed the
daily equivalent of the maximum annual rate of basic pay then currently
payable under the General Schedule under section 5332 of title 5 for
each day (including travel time) when engaged in the actual duties of
the Committee. All members, while away from their homes or regular
places of business, may be allowed travel expenses, including per diem
in lieu of subsistence as authorized by section 5703 of title 5 for
persons in the Government service employed intermittently. Payments
under this section shall not render members of the Committee employees
or officials of the United States for any purpose.
(Pub. L. 90-481, 4, Aug. 12, 1968, 82 Stat. 722; Pub. L. 96-129,
title I, 102, Nov. 30, 1979, 93 Stat. 991; Pub. L. 97-468, title I,
101, Jan. 14, 1983, 96 Stat. 2543.)
1983 -- Subsec. (b). Pub. L. 97-468 substituted ''twice each
calendar year'' for ''one every 6 months''.
1979 -- Subsec. (a). Pub. L. 96-129, 102(a), substituted '',
experience, or knowledge'' for ''and experience''.
Subsec. (b). Pub. L. 96-129, 102(b), inserted provisions permitting
the Secretary to prescribe a final standard or final amendment to a
standard at any time after the 90th day after its submission to the
Committee, whether or not the Committee has reported on such standard or
amendment and requiring that the Committee meet with the Secretary (or
his designee) not less frequently than once every 6 months and inserted
'', if timely made,'' after ''published by the Secretary and''.
Subsec. (c). Pub. L. 96-129, 102(c), substituted ''not to exceed the
daily equivalent of the maximum annual rate of basic pay then currently
payable under the General Schedule under section 5332 of title 5'' for
''not to exceed $100 per diem''.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
Advisory committees in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a committee established by the President or an
officer of the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a committee established by the Congress, its duration is
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6,
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
49 USC 1674. State certifications and agreements
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Report to Secretary by State agency; annual certification
Except for sections 1686 and 1687 of this Appendix, and except as
otherwise provided in this section, the authority of the Secretary under
this chapter to prescribe safety standards and enforce compliance with
such standards shall not apply to intrastate pipeline transportation
when the safety standards and practices applicable to same are regulated
by a State agency (including a municipality) which submits to the
Secretary an annual certification that such State agency (1) has
regulatory jurisdiction over the safety standards and practices of such
transportation; (2) has adopted, as of the date of the certification,
each Federal safety standard established under this chapter which is
applicable to such transportation or, with respect to each such Federal
safety standard established within one hundred and twenty days before
the date of the certification, is taking steps pursuant to State law to
adopt such standard; (3) is enforcing each such standard through means
which include inspections conducted by State employees who meet
qualifications established by the Secretary under subsection (d) of this
section; (4) is encouraging and promoting programs designed to prevent
damage to pipeline facilities as a consequence of demolition,
excavation, tunneling, or construction activity; and (5) has the
authority to require record maintenance, reporting, and inspection
substantially the same as are provided under section 1681 of this
Appendix and the filing for approval of plans of inspection and
maintenance described in section 1680 of this Appendix; and that the
law of the State makes provision for the enforcement of the safety
standards of such State agency by way of injunctive and monetary
sanctions substantially the same as are provided under sections 1679a
(other than subsection (a)(2) thereof) and 1679b of this Appendix. Each
annual certification shall include a report, in such form as the
Secretary may by regulation provide, showing (i) name and address of
each person subject to the safety jurisdiction of the State agency;
(ii) all accidents or incidents reported during the preceding 12 months
by each such person involving personal injury requiring hospitalization,
fatality, property damage exceeding $5,000 (whether or not sustained by
a person subject to the safety jurisdiction of the State agency) and any
other accident which the State agency considers significant, together
with a summary of the State agency's investigation as to the cause and
circumstances surrounding such accident or incident; (iii) the record
maintenance, reporting, and inspection practiced by the State agency to
enforce compliance with such Federal safety standards, including a
detail of the number of inspections made of pipeline facilities by the
State agency during the preceding twelve months; and (iv) such other
information as the Secretary may require. The report included with the
first annual certification need not show information unavailable at that
time. If after receipt of annual certification, the Secretary
determines that the State agency is not satisfactorily enforcing
compliance with Federal safety standards, he may, on reasonable notice
and after opportunity for hearing, reject the certification or take such
other action as he deems appropriate to achieve adequate enforcement
including the assertion of Federal jurisdiction. When such notice is
given by the Secretary, the burden of proof shall be upon the State
agency to show that it is satisfactorily enforcing compliance with
Federal safety standards.
(b) Agreements with State agencies; notification to Secretary of
violations of standards
With respect to any intrastate pipeline transportation for which the
Secretary does not receive an annual certification under subsection (a)
of this section, the Secretary may, by agreement with a State agency
(including a municipality) authorize such agency to assume
responsibility for, and carry out on behalf of the Secretary as it
relates to intrastate pipeline transportation the necessary actions to
--
(1) establish an adequate program for record maintenance, reporting,
and inspection designed to assist compliance with Federal safety
standards; and
(2) establish procedures for approval of plans of inspection and
maintenance substantially the same as are required under section 1680 of
this Appendix.
Any agreement executed pursuant to this subsection shall require the
State agency promptly to notify the Secretary of any violation or
probable violation of a Federal safety standard which it discovers as a
result of its program.
(c) Monitoring requirements
The Secretary may conduct whatever monitoring may be necessary of any
State program established by certification or agreement under this
section to assure that such programs are being carried out in compliance
with such certification or agreement. State agencies shall cooperate
fully in any monitoring of their programs under this subsection.
(d) Grants to aid State enforcement; withholding funds from State
agency
(1) Except as otherwise provided in this section, if an application
is submitted not later than September 30 in any calendar year, the
Secretary shall pay out of funds appropriated or otherwise made
available up to 50 per centum of the cost of the personnel, equipment,
and activities of a State agency reasonably required, during the
following calendar year to carry out a safety program under a
certification under subsection (a) or an agreement under subsection (b)
of this section; or to act as agent of the Secretary with respect to
interstate transmission facilities. The Secretary may, after notice and
consultation with a State agency, withhold all or any part of the funds
for a particular State agency if he determines that such State agency
(A) is not satisfactorily carrying out a safety program under a
certification under subsection (a) or an agreement under subsection (b)
of this section, or (B) is not satisfactorily acting as agent of the
Secretary with respect to interstate transmission facilities. No such
payment may be made unless the State agency making application under
this subsection gives assurances satisfactory to the Secretary that the
State agency will provide the remaining cost of such a safety program
and that the aggregate expenditures of funds of the State, exclusive of
Federal grants, for gas safety programs will be maintained at a level
which does not fall below the average level of such expenditures for the
last two fiscal years preceding August 12, 1968.
(2) Funds appropriated for carrying out the Federal grants-in-aid
provisions of this subsection shall be allocated among the several
States for payments to aid in the conduct of pipeline safety programs in
accordance with paragraph (1) of this subsection.
(3) Payments under this section may be made in installments, in
advance or by way of reimbursement, with necessary adjustments on
account of overpayments and underpayments.
(4) The Secretary may, by regulation, provide for the form and manner
of filing of applications under this section, and for such reporting and
fiscal procedures as he deems necessary to assure the proper accounting
for Federal funds.
(5) Qualifications for state grant programs. -- The Secretary may
establish by regulation qualifications for States to meet in order to
participate in the pipeline safety grant program under this subsection,
including qualifications for State employees who perform inspection
activities pursuant to either an annual certification by a State agency
or an agreement relating to inspection between a State agency and the
Secretary. Such regulations may take into account the experience and
training of the State employee, may mandate training or other
requirements, and may provide for conditional approval of qualifications
pending satisfaction of specified requirements.
(e) Recertification
A certification which is in effect under subsection (a) of this
section shall not apply with respect to any new or amended Federal
safety standard established for intrastate pipeline transportation
pursuant to this chapter after the date of such certification. The
provisions of this chapter shall apply to any such new or amended
Federal safety standard until the State agency has adopted such standard
and has submitted an appropriate certification in accordance with the
provisions of subsection (a) of this section.
(f) Termination of agreement
Any agreement under this section may be terminated by the Secretary
if, after notice and opportunity for a hearing, he finds that the State
agency has failed to comply with any provision of such agreement. Such
finding and termination shall be published in the Federal Register, and
shall become effective no sooner than fifteen days after the date of
publication.
(Pub. L. 90-481, 5, Aug. 12, 1968, 82 Stat. 722; Pub. L. 92-401,
1, 2, Aug. 22, 1972, 86 Stat. 616; Pub. L. 93-403, 2, Aug. 30, 1974,
88 Stat. 802; Pub. L. 94-477, 5, Oct. 11, 1976, 90 Stat. 2073; Pub. L.
96-129, title I, 101(b), 103, 109(g), (h)(1)-(3), Nov. 30, 1979, 93
Stat. 990, 991, 996; Pub. L. 97-468, title I, 104, Jan. 14, 1983, 96
Stat. 2543; Pub. L. 99-272, title VII, 7002(b)(1), Apr. 7, 1986, 100
Stat. 139; Pub. L. 100-561, title I, 103, 104, title III, 303(b)(1),
Oct. 31, 1988, 102 Stat. 2807, 2816.)
1988 -- Subsec. (a). Pub. L. 100-561, 303(b)(1), substituted
''sections 1686 and 1687 of this Appendix'' for ''section 1686 of this
Appendix''.
Subsec. (a)(3). Pub. L. 100-561, 103, inserted ''through means which
include inspections conducted by State employees who meet qualifications
established by the Secretary under subsection (d) of this section''
after ''each such standard''.
Subsec. (d)(5). Pub. L. 100-561, 104, added par. (5).
1986 -- Subsec. (d)(2). Pub. L. 99-272 substituted ''appropriated
for carrying out the Federal grants-in-aid provisions of this
subsection'' for ''authorized to be appropriated by section 1684(b) of
this Appendix'' and substituted ''paragraph (1) of this subsection'' for
''paragraph (1) of this section''.
1983 -- Subsec. (a). Pub. L. 97-468 substituted ''(other than
subsection (a)(2) thereof)'' for ''(other than subsection (a)(3)
thereof)''.
1979 -- Subsec. (a). Pub. L. 96-129, 101(b), 103(a), (b)(3), 109(
g), (h)(1), substituted ''Except for section 1686 of this Appendix, and
except as otherwise provided in this section, the authority of the
Secretary under this chapter to prescribe safety standards and enforce
compliance with such standards'' for ''Except for the fourth sentence of
section 1672(b) of this Appendix, section 1681(b) of this Appendix, and
except as otherwise provided in this section'', ''demolition,
excavation, tunneling, or construction'' for ''excavation'', ''sections
1679a (other than subsection (a)(3) thereof) and 1679b of this
Appendix'' for ''sections 1678 and 1679 of this Appendix; except that a
State agency may file a certification under this subsection without
regard to the requirement of injunctive and monetary sanctions under
State law for a period not to exceed five years after August 12, 1968'',
and ''$5,000 (whether or not sustained by a person subject to the safety
jurisdiction of the State agency) and any other accident which the State
agency considers significant'' for ''$1,000'' and made conforming
amendments to the basic law to accommodate changes in section numbering.
Subsec. (b). Pub. L. 96-129, 103(b)(1), 109(h)(2), struck out par.
(3) relating to an agreement with a State agency to implement a
compliance program acceptable to the Secretary including a provision for
inspection of pipeline facilities used in such transportation of gas,
and par. (4) relating to an agreement with a State agency to cooperate
fully in a system of Federal monitoring of such compliance program and
reporting under regulations prescribed by the Secretary and made
conforming amendments to the basic law to accommodate changes in section
numbering.
Subsec. (c). Pub. L. 96-129, 103(b)(2)(C), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 96-129, 103(b)(2)(B), 109(h)(3), redesignated
former subsec. (c) as (d) and made conforming amendments to the basic
law to accommodate changes in section numbering. Former subsec. (d)
redesignated (e).
Subsec. (e). Pub. L. 96-129, 103(b)(2)(B), redesignated former
subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 96-129, 103(b)(2)(A), (B), redesignated former
subsec. (e) as (f). Former subsec. (f), relating to natural gas
pipeline safety inspectors, was struck out.
1976 -- Subsec. (a). Pub. L. 94-477, 5(a), substituted ''intrastate
pipeline transportation'' for ''pipeline facilities and the
transportation of gas (not subject to the jurisdiction of the Federal
Power Commission under the Natural Gas Act) within a State'' in
provisions preceding cl. (1), ''transportation'' for ''pipeline
facilities and transportation of gas'' in cl. (1), and provision
permitting State agency certification where State agency seeks to adopt
Federal safety standards established within one hundred and twenty days
before certification for provision limiting certification to instances
where State agency has adopted each Federal safety standard established
as of the date of certification in cl. (2), added cl. (4), and
redesignated former cl. (4) as (5).
Subsec. (b). Pub. L. 94-477, 5(b), substituted reference to
intrastate pipeline transportation for reference to pipeline facilities
and transportation of gas not subject to the jurisdiction of the Federal
Power Commission under the Natural Gas Act in two places, and ''the
Secretary may, by agreement with a State agency (including a
municipality) authorize'' for ''the Secretary is authorized by agreement
with a State agency (including a municipality) to authorize'' in
provisions preceding cl. (1).
Subsec. (d). Pub. L. 94-477, 5(c), substituted ''safety standard
established for intrastate pipeline transportation pursuant to this
chapter'' for ''safety standard for pipeline facilities or the
transportation of gas, not subject to the jurisdiction of the Federal
Power Commission under the Natural Gas Act, established pursuant to this
chapter''.
Subsec. (f). Pub. L. 94-477, 5(d), added subsec. (f).
1974 -- Subsec. (c). Pub. L. 93-403 redesignated pars. (2) and (3)
as pars. (3) and (4), respectively, and added par. (2).
1972 -- Subsec. (a). Pub. L. 92-401, 1, substituted ''five'' for
''two'' years in first sentence.
Subsec. (c)(1). Pub. L. 92-401, 2, inserted introductory phrase
''Except as otherwise provided in this section'', provision for State
agency acting as agent of the Secretary with respect to interstate
transmission facilities, and provision for withholding funds for not
carrying out satisfactorily the State safety program or acting as agent
with respect to the interstate transmission facilities.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
Congress
Section 5 of Pub. L. 92-401 required the Secretary of
Transportation, after consultation with the cooperating State agencies
and the national organization of State Commissions, to prepare and
submit to the President for transmittal to the Congress on March 17,
1973, a report which contained a description of the pipeline safety
program being conducted in each State, the annual projections of each
State agency's needs for personnel, equipment, and activities reasonably
required to carry out such State's program during each calendar year
from 1973 through 1978 and estimates of the annual costs thereof, the
source or sources of State funds to finance such programs, the amount of
Federal assistance needed annually, an evaluation of alternative methods
of allotting Federal funds among the States which desire Federal
assistance, including recommendations, if needed for a statutory formula
for apportioning Federal funds, and a discussion of other problems
affecting cooperation among the States that relate to effective
participation of State agencies in the national pipeline safety program.
49 USC 1674a. Establishment of standards for LNG facilities
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Safety standards respecting location, design, installation,
construction, and initial inspection and testing of LNG facilities
(1) Not later than 180 days after November 30, 1979, the Secretary
shall establish, by regulation --
(A) minimum safety standards for determining the location of any new
LNG facility, and
(B) minimum safety standards for the design, installation,
construction, initial inspection, and initial testing of any new LNG
facility.
(2) After the date standards first take effect under this section, no
new LNG facility may be constructed other than in accordance with the
applicable standards prescribed under this section. The Secretary shall
ensure that the facility is constructed and operated in compliance with
such standards.
(3) No new LNG facility may be operated unless the person operating
such facility has previously submitted a contingency plan which sets
forth those steps which are to be taken in the event of an LNG accident
and which is determined to be adequate by the Department of Energy or
the appropriate State agency, in the case of any facility not subject to
the jurisdiction of the Department under the Natural Gas Act (15 U.
S.C. 717 et seq.).
(b) Standards respecting operation and maintenance of LNG facilities
Not later than 270 days after November 30, 1979, the Secretary shall
establish minimum standards to be maintained with respect to the
operation and maintenance of any LNG facility.
(c) Effect on existing LNG facilities
(1)(A) Except to the extent provided under subparagraph (B), any
standard issued under this chapter after March 1, 1978, affecting the
design, location, installation, construction, initial inspection, or
initial testing shall not apply to an existing LNG facility either --
(i) under the authority of this chapter; or
(ii) under the authority of any other Federal law if such standard
was not issued at the time such authority was exercised.
(B) Any such standard (other than one affecting location) may be made
applicable under the provisions of such standard to any replacement
component or part thereof of an LNG facility if that component or part
is placed in service after the date of the issuance of that standard,
but only if such applicability --
(i) would not render such component or part incompatible with the
other components or parts of the facility involved; or
(ii) would not otherwise be impracticable.
No standard issued under this chapter after March 1, 1978, affecting
location shall apply to any replacement component or part thereof of an
existing LNG facility.
(2) Nothing in this section shall preclude the application of
standards under section 1672 of this Appendix to pipeline facilities
(other than LNG facilities) associated with LNG facilities.
(3) Standards affecting the design, installation, construction,
initial inspection, and initial testing shall not be applicable to LNG
facilities in existence on the date such standards are adopted.
(d) Factors considered in prescribing general safety standards
In prescribing general safety standards under subsections (a) and (b)
of this section, the Secretary shall take into consideration --
(1) with respect to standards relating to the location of any new LNG
facility --
(A) the nature of the use of the facility;
(B) the existing and projected population and demographic
characteristics associated with the location involved;
(C) the existing and proposed land uses near such location;
(D) the meteorological, geological, topographical, seismic, and other
natural physical aspects of such location;
(E) the medical, law enforcement, and fire prevention capabilities
existing near such location to cope with risks created by such a
facility; and
(F) the need to encourage remote siting;
(2) with respect to standards applicable to the design, installation,
construction, initial inspection, and initial testing of any new LNG
facility --
(A) the thermal resistance and other characteristics of materials to
be used in the construction of such facility as compared to alternative
materials;
(B) design factors (such as multiple diking, insulated concrete, and
vapor containment barriers);
(C) the characteristics of the LNG to be stored or converted at, or
transported by, such facility (for example, whether it is to be in a
liquid or semisolid state); and
(D) the public safety factors of the design as compared to
alternative designs (particularly the ability under such a design to
prevent and contain an LNG spill); and
(3) with respect to standards for the operation and maintance /1/
of any LNG facility --
(A) the conditions, features, and type of equipment and structures
which comprise, or which are used in connection with, such facility;
(B) the fire prevention and containment equipment at such facility;
(C) the security measures to be used with respect to the operation of
such facility for the prevention of sabotage or other intentional acts
which could cause an LNG accident;
(D) maintenance procedures and equipment;
(E) the training of personnel with respect to the equipment,
structures, measures, and procedures described in subparagraphs (A),
(B), (C), and (D); and
(F) other factors and conditions relating to the safe handling of
LNG.
(e) Amendment of standards
At any time after the effective date of standards initially
prescribed under subsections (a) and (b) of this section, the Secretary
shall, on his own motion or on the motion of any person, amend such
standards to the extent he considers necessary to reflect changes in
technology or to otherwise carry out the purposes of this section.
(f) Applicability of provisions of section 1672 of this Appendix to
standards prescribed under this section
The provisions of the last two sentences of subsection (a)(1) of
section 1672 of this Appendix and of subsections (b), (c), and (d) of
section 1672 of this Appendix shall apply with respect to standards
prescribed under this section in the same manner as they apply to
standards prescribed under section 1672 of this Appendix.
(Pub. L. 90-481, 6, as added Pub. L. 96-129, title I, 152(a), Nov.
30, 1979, 93 Stat. 999.)
The Natural Gas Act, referred to in subsec. (a)(3), is act June 21,
1938, ch. 556, 52 Stat. 821, as amended, which is classified generally
to chapter 15B ( 717 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see section 717w of
Title 15 and Tables.
A prior section 6 of Pub. L. 90-481 was renumbered 8 by Pub. L.
96-129, title I, 152(a), Nov. 30, 1979, 93 Stat. 999, and is
classified to section 1675 of this Appendix.
Section effective Nov. 30, 1979, see section 156 of Pub. L.
96-129, set out as an Effective Date of 1979 Amendment note under
section 1671 of this Appendix.
/1/ So in original. Probably should be ''maintenance''.
49 USC 1674b. Financial responsibility for certain LNG facilities
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Study regarding risks associated with production, transportation,
and storage of LNG and liquid petroleum gas; report to Congress
Not later than 270 days after November 30, 1979, the Secretary shall
--
(1) conduct a study of --
(A) the risks associated with the production, transportation, and
storage of LNG;
(B) the risks associated with the production, transportation, and
storage of liquified petroleum gas;
(C) the methods of assuring adequate financial responsibility for
those engaged in any such activity; and
(2) prepare and transmit to each House of the Congress a report on
the results of such study, together with the recommendations of the
Secretary for such legislative or administrative action as he considers
appropriate.
(b) Notice of inadequate financial responsibility; hearing;
judicial review
(1) Whenever the Secretary has reason to believe that any operator of
an LNG facility is not maintaining adequate insurance or otherwise does
not have adequate financial responsibility with respect to such
facilities, he may issue and serve upon such operator notice thereof,
together with a statement of the amount of the financial responsibility
that the Secretary would consider adequate.
(2) Any person issued notice under paragraph (1) shall have a right
to hearing on the record in accordance with section 554 of title 5, to
be held not later than 30 days after notice under paragraph (1), at
which such person has the right to show cause as to why an order should
not be issued by the Secretary requiring such person to demonstrate and
maintain financial responsibility at or above the amount indicated in
the notice under paragraph (1).
(3) After an opportunity for hearing under paragraph (2), the
Secretary may, if he determines it is justified in the public interest,
order the person issued notice of such hearing to demonstrate and
maintain financial responsibility at or above an amount determined
appropriate by the Secretary, taking into account any information, data,
and views presented in such hearing.
(4)(A) Any person aggrieved by an order issued under paragraph (3)
may seek judicial review of such order only by filing a petition for
review in the appropriate court of appeals of the United States within
60 days after such order is issued.
(B) Upon receipt of notice of the filing of such petition, the
Secretary shall file in the court the record in the proceeding, as
provided in section 2112 of title 28. Upon such filing, the court may
affirm, modify, remand, or set aside the order of the Secretary, and may
enforce the order to the extent that such order is affirmed and issue
such writs as are ancillary to its jurisdiction or are necessary in its
judgment to prevent injury to the public pendente lite. The findings of
the Secretary as to the facts, if supported by substantial evidence,
shall be conclusive.
(C) The judgment and decree of the court shall be final, except that
such judgment and decree shall be subject to review by the Supreme Court
upon certiorari, as provided in section 1254 of title 28.
(c) Methods acceptable for maintenance of financial responsibility
For purposes of subsection (b) of this section, financial
responsibility may be maintained by any one of, or a combination of, the
following methods acceptable to the Secretary:
(1) evidence of insurance,
(2) surety bonds,
(3) qualification as a self-insurer, or
(4) other evidence of financial responsibility.
(Pub. L. 90-481, 7, as added Pub. L. 96-129, title I, 153, Nov. 30,
1979, 93 Stat. 1001.)
A prior section 7 of Pub. L. 90-481 was renumbered 9 by Pub. L.
96-129, title I, 152(a), Nov. 30, 1979, 93 Stat. 999, and is
classified to section 1676 of this Appendix.
Section effective Nov. 30, 1979, see section 156 of Pub. L.
96-129, set out as an Effective Date of 1979 Amendment note under
section 1671 of this Appendix.
49 USC 1675. Judicial review
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Person aggrieved; venue
Any person who is or will be adversely affected or aggrieved by any
regulation issued under this chapter or any order with respect to an
application for a waiver under section 1672(d) of this Appendix may at
any time prior to the 90th day after such regulation or order is issued
file a petition for a judicial review with the United States Court of
Appeals for the District of Columbia or for the circuit wherein such
petitioner is located or has his principal place of business. A copy of
the petition shall be forthwith transmitted by the clerk of the court to
the Secretary or other officer designated by him for that purpose.
(b) Jurisdiction
Upon the filing of the petition referred to in subsection (a) of this
section, the court shall have jurisdiction to review the regulation or
order in accordance with chapter 7 of title 5 and to grant appropriate
relief as provided in such chapter.
(c) Appeal
The judgment of the court affirming or setting aside, in whole or in
part, any such regulation or order of the Secretary shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28.
(d) Successors in office
Any action instituted under this section shall survive,
notwithstanding any change in the person occupying the office of
Secretary or any vacancy in such office.
(e) Remedies
The remedies provided for in this section shall be in addition to and
not in substitution for any other remedies provided by law.
(Pub. L. 90-481, 8, formerly 6, Aug. 12, 1968, 82 Stat. 724,
renumbered and amended Pub. L. 96-129, title I, 104(e), 152(a), Nov.
30, 1979, 93 Stat. 994, 999; Pub. L. 97-468, title I, 102, Jan. 14,
1983, 96 Stat. 2543.)
A prior section 8 of Pub. L. 90-481 was renumbered 10 by Pub. L.
96-129, title I, 152(a), Nov. 30, 1979, 93 Stat. 999, and is
classified to section 1677 of this Appendix.
1983 -- Subsec. (a). Pub. L. 97-468 substituted ''90th day'' for
''sixtieth day''.
1979 -- Subsec. (a). Pub. L. 96-129, 104(e)(2), substituted ''any
regulation issued under this chapter or any order with respect to an
application for a waiver under section 1672(d) of this Appendix'' for
''any order issued under this chapter'' and ''such regulation or order
is issued'' for ''such order is issued''.
Subsecs. (b), (c). Pub. L. 96-129, 104(e)(3), substituted
''regulation or order'' for ''order''.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
49 USC 1676. Cooperation with Federal Energy Regulatory Commission and
State commissions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
Whenever the establishment of a standard or action upon application
for waiver under the provisions of this chapter, would affect continuity
of any gas services, the Secretary shall consult with and advise the
Federal Energy Regulatory Commission or State commission having
jurisdiction over the affected pipeline facility before establishing the
standard or acting on the waiver application and shall defer the
effective date until the Federal Energy Regulatory Commission or any
such commission has had reasonable opportunity to grant the
authorizations it deems necessary. In any proceedings under section
717b or section 717f of title 15 for authority to import natural gas or
to establish, construct, operate, or extend pipeline facilities which
are or will be subject to Federal or other applicable safety standards,
any applicant shall certify that it will design, install, inspect, test,
construct, operate, replace, and maintain the pipeline facilities in
accordance with Federal and other applicable safety standards and plans
for maintenance and inspection. Such certification shall be binding and
conclusive upon the Department of Energy and the Commission unless the
relevant enforcement agency has timely advised the Commission in writing
that the applicant has violated safety standards established pursuant to
this chapter.
(b) Coordination procedures
Not later than 1 year after October 31, 1988, the Secretary, after
consultation with appropriate State officials, shall establish
procedures to promote more effective coordination between the agencies
of the United States and of the States with regulatory authority over
pipeline facilities with respect to responses to pipeline accidents.
(Pub. L. 90-481, 9, formerly 7, Aug. 12, 1968, 82 Stat. 725,
renumbered and amended Pub. L. 96-129, title I, 109(i), 152(a), (b)( 3),
Nov. 30, 1979, 93 Stat. 997, 999, 1001; Pub. L. 100-561, title I, 105,
Oct. 31, 1988, 102 Stat. 2807.)
A prior section 9 of Pub. L. 90-481 was classified to section 1678
of this Appendix, and was repealed by Pub. L. 96-129, title I, 104( b),
Nov. 30, 1979, 93 Stat. 992.
1988 -- Pub. L. 100-561 designated existing provisions as subsec.
(a) and added subsec. (b).
1979 -- Pub. L. 96-129, 109(i), 152(b)(3), substituted ''Federal
Energy Regulatory Commission'' for ''Federal Power Commission'' wherever
appearing and ''pipeline facilities which are'' for ''a gas pipeline
which is'' and inserted ''section 717b or'' after ''proceedings under'',
''to import natural gas or'' after ''authority'', and ''the Department
of Energy and'' before ''the Commission unless''.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see sections
112 and 156 of Pub. L. 96-129, set out as a note under section 1671 of
this Appendix.
49 USC 1677. Compliance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Requirements regarding standards and inspection and maintenance
Each person who engages in the transportation of gas or who owns or
operates pipeline facilities shall --
(1) at all times after the date any applicable safety standard
established under this chapter takes effect comply with the requirements
of such standard; and
(2) prepare and maintain a plan of inspection and maintenance
required by section 1680 of this Appendix and comply with such plan;
and
(3) permit access to or copying of records, and make reports or
provide information, and permit entry or inspection, as required under
section 1681 of this Appendix.
(b) Orders directing compliance
(1) The Secretary may issue orders directing compliance with this
chapter or any regulation issued under this chapter. Any such order
shall clearly set forth the particular actions required of the person to
whom the order is issued.
(2) The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce any such order by
appropriate means.
(c) Tort liability
Nothing in this chapter shall affect the common law or statutory tort
liability of any person.
(Pub. L. 90-481, 10, formerly 8, Aug. 12, 1968, 82 Stat. 725,
renumbered and amended Pub. L. 96-129, title I, 104(a)(1), 105(b), 109(
h)(4), 152(a), Nov. 30, 1979, 93 Stat. 992, 994, 996, 999.)
A prior section 10 of Pub. L. 90-481 was classified to section 1679
of this Appendix, and was repealed by Pub. L. 96-129, title I, 104( b),
Nov. 30, 1979, 93 Stat. 992.
1979 -- Subsec. (a). Pub. L. 96-129, 105(b), 109(h)(4), in par. (2)
substituted ''prepare and maintain a plan of inspection and maintenance
required by section 1680 of this Appendix and comply with such plan''
for ''file and comply with a plan of inspection and maintenance required
by section 1680 of this Appendix'' and made conforming amendments to the
basic law to accommodate changes in section numbering.
Subsecs. (b), (c). Pub. L. 96-129, 104(a)(1), added subsec. (b) and
redesignated former subsec. (b) as (c).
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
49 USC 1678, 1679. Repealed. Pub. L. 96-129, title I, 104(b), Nov. 30,
1979, 93 Stat. 992
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1678, Pub. L. 90-481, 9, Aug. 12, 1968, 82 Stat. 725,
related to civil penalties for violation of provisions of section 1677(
a) of this Appendix or any regulation issued under this chapter.
Section 1679, Pub. L. 90-481, 10, Aug. 12, 1968, 82 Stat. 726,
related to jurisdiction of the court and injunctive relief.
Repeal effective Nov. 30, 1979, except for suits, actions, or other
proceedings pending on Nov. 30, 1979, which shall not be effected by
certain provisions of Pub. L. 96-129 and shall be completed as if Pub.
L. 96-129 had not been enacted, unless the Secretary makes a
determination that the public safety otherwise requires, see section 112
of Pub. L. 96-129, set out as an Effective Date of 1979 Amendment note
under section 1671 of this Appendix.
49 USC 1679a. Penalties
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Civil penalties
(1) Any person who is determined by the Secretary, after notice and
an opportunity for a hearing, to have violated any provisions of section
1677(a) of this Appendix or any regulation or order issued under this
chapter including any order issued under sections 1677(b) and 1679b(b)
of this Appendix, shall be liable to the United States for a civil
penalty of not more than $10,000 for each violation for each day that
violation persists, except that the maximum civil penalty shall not
exceed $500,000 for any related series of violations.
(2) Any person who is determined by the Secretary to have violated
any standard or order under section 1674a and 1674b(b) of this Appendix
shall be subject to a civil penalty of not to exceed $50,000, which
penalty shall be in addition to any other penalties to which such person
may be subject under this subsection.
(3) The amount of the penalty shall be assessed by the Secretary by
written notice. In determining the amount of the penalty, the Secretary
shall consider the nature, circumstances, and gravity of the violation
and, with respect to the person found to have committed the violation,
the degree of culpability, any history of prior violations, the effect
on ability to continue to do business, any good faith in attempting to
achieve compliance, ability to pay the penalty, and such other matters
as justice may require.
(b) Action by Attorney General to recover subsection (a) penalty
A civil penalty assessed under subsection (a) of this section may be
recovered in an action brought by the Attorney General on behalf of the
United States in the appropriate district court of the United States or,
prior to referral to the Attorney General, it may be compromised by the
Secretary. The amount of the penalty, when finally determined (or
agreed upon in compromise), may be deducted from any sums owed by the
United States to the person charged. All penalties collected under this
subsection shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(c) Criminal penalties
(1) Any person who willfully and knowingly violates section 1677(a)
of this Appendix or a regulation or order issued under this chapter,
including any order issued under sections 1677(b) and 1679b(b) of this
Appendix, shall, upon conviction, be subject, for each offense, to a
fine of not more than $25,000, imprisonment for a term not to exceed 5
years, or both.
(2) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate transmission facility
shall, upon conviction, be subject, for each offense, to a fine of not
more than $25,000, imprisonment for a term not to exceed 15 years, or
both.
(3) Destruction of signs or markers. -- Any person who willfully and
knowingly defaces, damages, removes, or destroys any pipeline sign or
right-of-way marker required by Federal law or regulation shall, upon
conviction, be subject, for each offense, to a fine of not more than
$5,000, imprisonment for a term not to exceed 1 year, or both.
(d) Violations based on same act
Nothing in this chapter shall be construed to authorize the
imposition of penalties for the violation of any regulation and the
violation of any order under section 1677(b) or 1679b(b) of this
Appendix if both violations are based on the same act.
(Pub. L. 90-481, 11, as added and amended Pub. L. 96-129, title I,
104(b), 154, Nov. 30, 1979, 93 Stat. 992, 1002; Pub. L. 100-561,
title I, 106, 107, Oct. 31, 1988, 102 Stat. 2807.)
A prior section 11 of Pub. L. 90-481 was renumbered 13 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1680 of this Appendix.
1988 -- Subsec. (a)(1). Pub. L. 100-561, 106, inserted '', after
notice and an opportunity for a hearing,'' after ''by the Secretary'',
and substituted ''$10,000'' for ''$1,000'' and ''$500,000'' for
''$200,000''.
Subsec. (c)(3). Pub. L. 100-561, 107, added par. (3).
1979 -- Subsec. (a)(2), (3). Pub. L. 96-129, 154, added par. (2)
and redesignated former par. (2) as (3).
Amendment by section 154 of Pub. L. 96-129 effective Nov. 30, 1979,
see section 156 of Pub. L. 96-129, set out as a note under section 1671
of this Appendix.
Section effective Nov. 30, 1979, see section 112 of Pub. L.
96-129, set out as an Effective Date of 1979 Amendment note under
section 1671 of this Appendix.
49 USC 1679b. Specific relief
TITLE 49, APPENDIX -- TRANSPORTATION
(a)(1) The Attorney General, at the request of the Secretary, may
bring an action in an appropriate district court of the United States
for equitable relief to redress or restrain a violation by any person of
a provision of this chapter or a regulation issued under this chapter.
Such district courts shall have jurisdiction to determine such actions
and may grant such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, interim equitable relief,
and punitive damages.
(2) In any proceeding for criminal contempt for violation of a
mandatory or prohibitive injunction issued under this subsection, which
violation also constitutes a violation of this chapter, trial shall be
by the court or, upon demand of the accused, by a jury. Such trial
shall be conducted in accordance with the practice and procedure
applicable in the case of proceedings subject to the provisions of rule
42(b) of the Federal Rules of Criminal Procedure.
(b)(1) If the Secretary finds, after reasonable notice and an
opportunity for hearing, that any pipeline facility is hazardous to life
or property, he shall, by order, require the person operating the
facility to take necessary corrective action. Such corrective action
may include suspended or restricted use of the facility, physical
inspection, testing, repair, replacement, or other action, as
appropriate.
(2) The Secretary may find a pipeline facility to be hazardous under
paragraph (1) --
(A) if under the facts and circumstances he determines the particular
facility is hazardous to life or property, or
(B) if the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique which
he determines is hazardous to life or property, unless the operator
involved demonstrates to the satisfaction of the Secretary that under
the particular facts and circumstances involved such equipment,
material, or technique is not hazardous to life or property.
(3) In making a determination under paragraph (2), the Secretary
shall consider, if relevant --
(A) the characteristics of the pipe and other equipment used in the
pipeline facility involved, including its age, manufacturer, physical
properties (including its resistance to corrosion and deterioration),
and the method of its manufacture, construction, or assembly;
(B) the nature of the materials transported by such facility
(including their corrosive and deteriorative qualities), the sequence in
which such materials are transported, and the pressure required for such
transportation;
(C) the aspects of the areas in which the pipeline facility is
located, in particular the climatic and geologic conditions (including
soil characteristics) associated with such areas, and the population
density and population and growth patterns of such areas;
(D) any recommendation of the National Transportation Safety Board
issued in connection with any investigation conducted by the Board under
other provisions of law; and
(E) such other factors as the Secretary may consider appropriate.
(4) The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce orders issued under
this subsection by appropriate means.
(5) The Secretary may waive the requirements for notice and hearing
under this subsection and provide for expeditious issuance of an order
under this subsection in any case in which he determines that the
failure to do so would result in the likelihood of serious harm to life
or property. However, the Secretary shall include in such an order an
opportunity for hearing as soon as practicable after issuance of an
order.
(Pub. L. 90-481, 12, as added Pub. L. 96-129, title I, 104(b), Nov.
30, 1979, 93 Stat. 993.)
The Federal Rules of Criminal Procedure, referred to in subsec. (a)(
2), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
A prior section 12 of Pub. L. 90-481 was renumbered 14 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1681 of this Appendix.
Section effective Nov. 30, 1979, see section 112 of Pub. L.
96-129, set out as an Effective Date of 1979 Amendment note under
section 1671 of this Appendix.
49 USC 1680. Inspection and maintenance plans
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Pipeline operator's responsibilities
Each person who engages in the transportation of gas or who owns or
operates intrastate pipeline transportation facilities shall prepare,
maintain at such office or offices of that person as the Secretary
determines appropriate, and carry out a written current plan for
inspection and maintenance of each facility used in such transportation
and owned or operated by such person, and any changes in such plan, in
accordance with regulations prescribed by the Secretary or appropriate
State agency. The Secretary may, by regulation, also require persons
who engage in the transportation of gas or who own or operate pipeline
facilities subject to the provisions of this chapter to file such plans
for approval. If at any time the agency with responsibility for
enforcement of compliance with the standards established under this
chapter finds that such plan is inadequate to achieve safe operation,
such agency shall, after notice and opportunity for a hearing, require
such plan to be revised. The plan required by the agency shall be
practicable and designed to meet the need for pipeline safety. Such
plan shall include terms designed to enhance the ability to discover
safety-related conditions described in section 1672(a)(3) of this
Appendix. Such plans shall be made available to the Secretary or the
appropriate State agency upon request pursuant to section 1681 of this
Appendix. In determining the adequacy of any such plan, such agency
shall consider --
(1) relevant available pipeline safety data;
(2) whether the plan is appropriate for the particular type of
pipeline transportation;
(3) the reasonableness of the plan; and
(4) the extent to which such plan will contribute to public safety.
(b) Secretary's responsibilities
(1) In general
The Secretary shall inspect and, as appropriate, shall require
testing of pipeline facilities subject to this chapter and not covered
by an agreement or certification under section 1674 of this Appendix to
ensure the safety of such pipeline facilities. To the extent and in
such amounts as are provided in advance by appropriation Acts, such
inspections shall be at intervals determined under paragraph (2) but no
less frequently than once every 2 years thereafter; except that the
Secretary may reduce the frequency of such inspections with respect to
master meter systems. Such inspections shall begin as soon as feasible,
but in no event more than 1 year after October 31, 1988. Such testing
shall be performed using the most appropriate technology practicable.
(2) Criteria for frequency and type
The frequency and type of inspection and testing under this
subsection shall be determined by the Secretary on a case-by-case basis
after consideration of the following factors:
(A) The location of the pipeline facilities.
(B) The type, size, age, manufacturer, method of construction, and
condition of the pipeline facilities.
(C) The nature and volume of the materials transported through the
pipeline facilities and the pressure at which they are transported.
(D) The climatic, geologic, and seismic characteristics of, and
conditions (including soil characteristics) associated with the areas in
which the pipeline facilities are located, and the existing and
projected population and demographic characteristics associated with
such areas.
(E) The frequency of leaks, if any.
(F) Any other factors determined by the Secretary to be relevant to
the safety of pipeline facilities.
(Pub. L. 90-481, 13, formerly 11, Aug. 12, 1968, 82 Stat. 726; Pub.
L. 94-477, 6, Oct. 11, 1976, 90 Stat. 2075; renumbered and amended Pub.
L. 96-129, title I, 104(b), 105(a), Nov. 30, 1979, 93 Stat. 992, 994;
Pub. L. 99-516, 3(a)(2), Oct. 22, 1986, 100 Stat. 2966; Pub. L.
100-561, title I, 108(a), Oct. 31, 1988, 102 Stat. 2808.)
A prior section 13 of Pub. L. 90-481 was renumbered 15 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1682 of this Appendix.
1988 -- Pub. L. 100-561 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
1986 -- Pub. L. 99-516 inserted provision that plans under this
section shall include terms designed to enhance ability to discover
safety-related conditions described in section 1672(a)(3) of this
Appendix.
1979 -- Pub. L. 96-129, 105(a), substituted ''shall prepare,
maintain at such office or offices of that person as the Secretary
determines appropriate, and carry out a written current plan for
inspection and maintenance'' for ''shall file with the Secretary or, if
a certification or an agreement pursuant to section 1674 of this
Appendix is in effect, with the appropriate State agency, a plan for
inspection and maintenance'' and inserted provision requiring that such
plan be made available to the Secretary or the appropriate State agency
upon request pursuant to section 1681 of this Appendix.
1976 -- Pub. L. 94-477 substituted ''intrastate pipeline
transportation facilities'' for ''pipeline facilities not subject to the
jurisdiction of the Federal Power Commission under the Natural Gas
Act'', ''if a certification'' for ''where a certification'', ''the
appropriate State agency'' for ''the State agency'', and ''each facility
used in such transportation and owned'' for ''each such pipeline
facility owned''.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
Section 108(c) of Pub. L. 100-561 provided that:
''(1) Study. -- The Secretary of Transportation shall undertake a
study to assess the need for an improved inspection program for master
meter systems.
''(2) Report. -- Not later than 18 months after the date of the
enactment of this Act (Oct. 31, 1988), the Secretary of Transportation
shall submit to Congress a report detailing the Secretary's findings
under paragraph (1) together with any recommendations of the Secretary
for appropriate legislation.''
Inspection
Section 304 of Pub. L. 100-561 provided that:
''(a) Study. -- The Secretary of Transportation shall undertake a
study assessing the feasibility of requiring the inspection of
transmission facilities with instrumented internal inspection devices at
periodic intervals determined after consideration of the factors set
forth in section 13(b)(2) of the Natural Gas Pipeline Safety Act of 1968
(subsec. (b)(2) of this section) and section 210(d)(2) of the Hazardous
Liquid Pipeline Safety Act of 1979 (section 2009(d)(2) of this
Appendix).
''(b) Report. -- Not later than 18 months after the date of the
enactment of this Act (Oct. 31, 1988), the Secretary of Transportation
shall submit to Congress a report detailing the Secretary's findings
under subsection (a) together with any recommendations of the Secretary
for appropriate legislation.''
49 USC 1681. Powers and duties of Secretary
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General authority
The Secretary may, to the extent necessary to carry out his
responsibilities under this chapter, conduct investigations, make
reports, issue subpenas, conduct hearings, require the production of
relevant documents and records, take depositions, and conduct, directly
or, by contract, or otherwise, research, testing, development,
demonstration, and training activities; however, before the Secretary
may exercise authority under this section to require testing of portions
of pipeline facilities subject to the provisions of this chapter which
have been involved in or affected by an accident, he shall make every
effort to negotiate a mutually acceptable plan with the owner of such
facilities and, where appropriate, the National Transportation Safety
Board for performing such testing. Prior to requiring such testing, the
Secretary shall notify the appropriate State official in the State in
which the affected pipeline facility is located. In conducting training
activities for State or local government personnel in the enforcement of
regulations issued under this chapter, the Secretary may not assess any
charge or fee in the nature of tuition.
(b) Records and reports of persons engaged in transportation of gas
or who own or operate pipeline facilities
Each person who engages in the transportation of gas or who owns or
operates pipeline facilities shall establish and maintain such records,
make such reports, and provide such information as the Secretary may
reasonably require, and shall submit such reports and shall make such
records and information available as the Secretary may request, to
enable him to determine whether such person has acted or is acting in
compliance with this chapter and the standards or orders issued under
this chapter.
(c) Inspection of records and property
Officers, employees, or agents authorized by the Secretary, upon
presenting appropriate credentials to the person in charge, are
authorized to enter upon, inspect, and examine, at reasonable times and
in a reasonable manner, the records and properties of persons to the
extent such records and properties are relevant to determining whether
such persons have acted or are acting in compliance with this chapter
and the standards or orders issued under this chapter.
(d) Availability of accident reports and research and demonstration
project reports
Accident reports made by any officer, employee, or agent of the
Department of Transportation shall be available for use in any civil,
criminal, or other judicial proceeding arising out of such accident.
Any such officer, employee, or agent may be required to testify in such
proceedings as to the facts developed in such investigations. Any such
report shall be made available to the public in a manner which need not
identify individuals. All reports on research projects, demonstration
projects, and other related activities shall be public information.
(e) Disclosure of information relating to trade secrets
All information reported to or otherwise obtained by the Secretary or
his representative pursuant to subsection (a), (b), or (c) of this
section which information contains or relates to a trade secret referred
to in section 1905 of title 18 shall be considered confidential for the
purpose of that section, except that such information may be disclosed
to other officers or employees concerned with carrying out this chapter
or when relevant in any proceeding under this chapter. Nothing in this
section shall authorize the withholding of information by the Secretary
or any officer, employee, or agent under his control, from the duly
authorized committees of the Congress.
(Pub. L. 90-481, 14, formerly 12, Aug. 12, 1968, 82 Stat. 727;
renumbered and amended Pub. L. 96-129, title I, 104(b), 106, Nov. 30,
1979, 93 Stat. 992, 994; Pub. L. 98-464, 7(a), Oct. 11, 1984, 98 Stat.
1823; Pub. L. 100-561, title I, 109, Oct. 31, 1988, 102 Stat. 2809.)
A prior section 14 of Pub. L. 90-481 was renumbered 16 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1683 of this Appendix.
1988 -- Subsec. (a). Pub. L. 100-561 inserted after first sentence
''Prior to requiring such testing, the Secretary shall notify the
appropriate State official in the State in which the affected pipeline
facility is located.''
1984 -- Subsec. (a). Pub. L. 98-464 inserted sentence at end
providing that in conducting training activities for State or local
government personnel in the enforcement of regulations issued under this
chapter, the Secretary may not assess any charge or fee in the nature of
tuition.
1979 -- Pub. L. 96-129, 106, substituted provisions relating to
powers and duties of the Secretary for provisions relating to records,
reports and inspections.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
49 USC 1682. Administration
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Information furnished to Federal Energy Regulatory Commission or
any appropriate State agency
Upon request, the Secretary shall furnish to the Federal Energy
Regulatory Commission, or any appropriate State agency, any information
he has concerning the safety of any materials, operations, devices, or
processes relating to the transportation of gas or the operation of
pipeline facilities.
(b) Cooperation with other agencies
The Secretary is authorized to advise, assist, and cooperate with
other Federal departments and agencies and State and other interested
public and private agencies and persons, in the planning and development
of (1) Federal safety standards, and (2) methods for inspecting and
testing to determine compliance with Federal safety standards.
(c) Consultation with other agencies
The Secretary is authorized to consult with, and make recommendations
to, other Federal departments and agencies, State and local governments,
and other public and private agencies or persons, for the purpose of
developing and encouraging activities, including the enactment of
legislation, to assist in the implementation of this chapter and to
improve State and local pipeline safety programs.
(d) Intervention by Secretary
The Secretary may as a matter of right intervene or otherwise
participate in any proceeding before the Federal Energy Regulatory
Commission, or any State agency, which involves safety requirements
relating to LNG facilities. The Secretary shall comply with rules of
procedure of general applicability governing the timing of intervention
or participation in such proceeding or activity and, upon intervening or
participating therein, shall comply with rules of procedure of general
applicability governing the conduct thereof.
(Pub. L. 90-481, 15, formerly 13, Aug. 12, 1968, 82 Stat. 727; Pub.
L. 92-401, 3, Aug. 22, 1972, 86 Stat. 616; renumbered and amended Pub.
L. 96-129, title I, 104(b), 109(j), (k), 155, Nov. 30, 1979, 93 Stat.
992, 997, 1003.)
A prior section 15 of Pub. L. 90-481 was renumbered 17 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1684 of this Appendix.
1979 -- Subsec. (a). Pub. L. 96-129, 109(j)(2), (k), 155(b),
redesignated subsec. (b) as (a) and substituted ''Federal Energy
Regulatory Commission, or any appropriate State agency,'' for ''Federal
Power Commission''. Former subsec. (a), relating to research and
development contracts, was struck out.
Subsecs. (b), (c). Pub. L. 96-129, 109(j)(2), redesignated subsecs.
(c) and (d) as (b) and (c), respectively. Former subsec. (b)
redesignated (a).
Subsec. (d). Pub. L. 96-129, 155(a), added subsec. (d). Former
subsec. (d) redesignated (c).
1972 -- Subsec. (d). Pub. L. 92-401 added subsec. (d).
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see sections
112 and 156 of Pub. L. 96-129, set out as a note under section 1671 of
this Appendix.
Facilities; Report to Congress; Definitions
Pub. L. 98-464, 6, Oct. 11, 1984, 98 Stat. 1822, provided that:
''(a) Each person who owns or operates interstate transmission
facilities shall, within one hundred and eighty days after the date of
enactment of this section (Oct. 11, 1984), submit a report to the
Secretary of Transportation which --
''(1) identifies the location and condition of all such pipeline
facilities owned or operated by such person, the construction of which
was completed before January 1, 1940; and
''(2) includes the most recent leak survey information compiled by
such owner or operator with respect to the pipeline facilities so
identified.
''(b) The Secretary shall, within ninety days after the expiration of
the one hundred and eighty-day period referred to in subsection (a) of
this section --
''(1) identify, on the basis of information contained in reports
submitted under subsection (a) of this section, any pipeline facilities
which may be hazardous to life and property within the meaning of
section 12(b) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.
App. 1679b(b)); and
''(2) inspect the pipeline facilities so identified.
''(c) The Secretary shall, within one hundred and twenty days after
the expiration of the one hundred and eighty-day period referred to in
subsection (a) of this section, report to the Congress on --
''(1) any actions taken under subsection (b) of this section; and
''(2) the recommendations of the Secretary for any additional action
the Secretary considers necessary with respect to the pipeline
facilities referred to in subsection (a)(1) of this section, together
with an estimate of the time and resources necessary for undertaking
such actions.
''(d) As used in this section, the term --
''(1) 'interstate transmission facilities' shall have the meaning
given to such term in section 2(8) of the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1671(8));
''(2) 'person' shall have the meaning given to such term in section
2(1) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App.
1671(1)); and
''(3) 'pipeline facilities' shall have the meaning given to such term
in section 2(4) of the Natural Gas Pipeline Safety Act of 1968 (49
U.S.C. App. 1671(4)).''
Section 110 of Pub. L. 96-129, provided that within 12 months after
Nov. 30, 1979, the Secretary of Transportation, after comment by
persons operating pipeline facilities, State and local regulatory
authorities, and consumers, conduct and complete a cost-benefit analysis
to determine whether additional Federal legislation on pipeline safety
is beneficial and submit a report of his findings to the Congress.
Section 111 of Pub. L. 96-129 required a report, not later than 18
months after Nov. 30, 1979, by the Secretary of Transportation
respecting implementation efforts regarding distribution of gas in
connection with the rental or lease of real property, with the Secretary
giving reasonable notice and an opportunity for public comment.
49 USC 1682a. Pipeline safety user fees
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment
(1) Schedule
The Secretary of Transportation (hereafter in this section referred
to as the ''Secretary'') shall establish a schedule of fees based on the
usage, in reasonable relationship to volume-miles, miles, revenues, or
an appropriate combination thereof, of natural gas and hazardous liquid
pipelines. In establishing such schedule, the Secretary shall take into
consideration the allocation of departmental resources.
(2) Collection
The Secretary shall establish procedures for the collection of such
fees. The Secretary may use the services of any Federal, State, or
local agency or instrumentality to collect such fees, and may reimburse
such agency or instrumentality a reasonable amount for such services.
(3) Liability
Fees established under this section shall be assessed to the persons
operating --
(A) all pipeline facilities subject to the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2001 et seq.); and
(B) all pipeline transmission facilities and all liquefied natural
gas facilities subject to the jurisdiction of the Natural Gas Pipeline
Safety Act of 1968 (49 U.S.C. App. 1671 et seq.).
(b) Time of assessment
The Secretary shall assess and collect fees described in subsection
(a) of this section with respect to each fiscal year before the end of
such fiscal year.
(c) Use of funds
Funds received under subsection (a) of this section shall be used, to
the extent provided for in advance in appropriation Acts, only --
(1) in the case of natural gas pipeline safety fees, for activities
authorized under the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C.
App. 1671 et seq.); and
(2) in the case of hazardous liquid pipeline safety fees, for
activities authorized under the Hazardous Liquid Pipeline Safety Act of
1979 (49 U.S.C. App. 2001 et seq.).
(d) Fee schedule
Fees established by the Secretary under subsection (a) of this
section shall be assessed against all natural gas and hazardous liquids
transported by pipelines subject to the Natural Gas Pipeline Safety Act
of 1968 (49 App. U.S.C. 1671 et seq.) and the Hazardous Liquid Pipeline
Safety Act of 1979 (49 App. U.S.C. 2001 et seq.) after September 30,
1985, and shall be sufficient to meet the costs of activities described
in subsection (c) of this section, beginning on October 1, 1985, but at
no time shall the aggregate of fees received for any fiscal year under
this section exceed 105 percent of the aggregate of appropriations made
for such fiscal year for activities to be funded by such fees.
(Pub. L. 99-272, title VII, 7005, Apr. 7, 1986, 100 Stat. 140.)
The Hazardous Liquid Pipeline Safety Act of 1979, referred to in
subsecs. (a)(3)(A), (c), and (d), is title II of Pub. L. 96-129, Nov.
30, 1979, 93 Stat. 1003, as amended, which is classified principally to
chapter 29 ( 2001 et seq.) of this Appendix. For complete
classification of this Act to the Code, see Short Title note set out
under section 2001 of this Appendix and Tables.
The Natural Gas Pipeline Safety Act of 1968, referred to in subsecs.
(a)(3)(A), (c), and (d), is Pub. L. 90-481, Aug. 12, 1968, 82 Stat.
720, as amended, which is classified generally to this chapter ( 1671 et
seq.). For complete classification of this Act to the Code, see Short
Title note set out under section 1671 of this Appendix and Tables.
Section was enacted as part of the Consolidated Omnibus Budget
Reconciliation Act of 1985, and not as part of the Natural Gas Pipeline
Safety Act of 1968 which comprises this chapter.
49 USC 1683. Annual report to Congress
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall prepare and submit to the Congress on April
15 of each year a comprehensive report on the administration of this
chapter for the preceding calendar year. Such report shall include --
(1) a thorough compilation of the leak repairs, accidents, and
casualties occurring in such year with a statement of cause whenever
investigated and determined by the National Transportation Safety Board;
(2) a list of Federal gas pipeline safety standards established or in
effect in such year with identification of standards newly established
during such year;
(3) a summary of the reasons for each waiver granted under section
1672(d) of this Appendix during such year;
(4) an evaluation of the degree of observance of applicable safety
standards for the transportation of gas and pipeline facilities
including a list of enforcement actions, and compromises of alleged
violations by location and company name;
(5) a summary of outstanding problems confronting the administration
of this chapter in order of priority;
(6) an analysis and evaluation of research activities, including the
policy implications thereof, completed as a result of Government and
private sponsorship and technological progress for safety achieved
during such year;
(7) a list, with a brief statement of the issues, of completed or
pending judicial actions under this chapter;
(8) the extent to which technical information was disseminated to the
scientific community and consumer-oriented information was made
available to the public;
(9) a compilation of --
(A) certifications filed by State agencies (including municipalities)
under section 1674(a) of this Appendix which were in effect during the
preceding calendar year, and
(B) certifications filed under section 1674(a) of this Appendix which
were rejected by the Secretary during the preceding calendar year,
together with a summary of the reasons for each such rejection;
(10) a compilation of --
(A) agreements entered into with State agencies (including
municipalities) under section 1674(b) of this Appendix which were in
effect during the preceding calendar year, and
(B) agreements entered into under section 1674(b) of this Appendix
which were terminated by the Secretary during the preceding calendar
year, together with a summary of the reasons for each such termination;
and
(11) a description of the number and qualifications of State pipeline
safety inspectors in each State for which a certification or agreement
is in effect under section 1674 of this Appendix, together with the
number of such pipeline inspectors (and their qualifications) which the
Secretary recommends for that State.
(b) The report required by subsection (a) of this section shall
contain such recommendations for additional legislation as the Secretary
deems necessary to promote cooperation among the several States in the
improvement of gas pipeline safety and to strengthen the national gas
pipeline safety program.
(Pub. L. 90-481, 16, formerly 14, Aug. 12, 1968, 82 Stat. 728; Pub.
L. 94-477, 7, Oct. 11, 1976, 90 Stat. 2075; renumbered and amended Pub.
L. 96-129, title I, 104(b), 107, 109(l), (m), Nov. 30, 1979, 93 Stat.
992, 995, 997; Pub. L. 98-464, 3(a), Oct. 11, 1984, 98 Stat. 1821.)
A prior section 16 of Pub. L. 90-481 was renumbered 18 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1685 of this Appendix.
1984 -- Subsec. (a). Pub. L. 98-464 struck out ''to the President
for transmittal'' after ''prepare and submit'' and substituted ''April
15'' for ''June 15'' in introductory provisions.
1979 -- Subsec. (a). Pub. L. 96-129, 107, 109(l), (m), substituted
in provisions preceding par. (1) ''June 15'' for ''March 17'' and in
par. (3) ''section 1672(d)'' for ''section 1672(e)'', and added par.
(11).
1976 -- Subsec. (a)(1). Pub. L. 94-477 substituted ''leak repairs,
accidents, and casualties'' for ''accidents and casualties''.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
49 USC 1684. Authorization of appropriations; Federal grants-in-aid
TITLE 49, APPENDIX -- TRANSPORTATION
(a) For the purpose of carrying out the provisions of this chapter
(other than provisions for which funds are authorized to be appropriated
under subsection (b) or (c) of this section or section 1687 of this
Appendix), there are authorized to be appropriated --
(1) $6,200,000, for the fiscal year ending September 30, 1980;
(2) $6,900,000, for the fiscal year ending September 30, 1981;
(3) $3,472,000, for the fiscal year ending September 30, 1985;
(4) $3,450,000 for the fiscal year ending September 30, 1986;
(5) $3,200,000 for the fiscal year ending September 30, 1987;
(6) $3,733,000 for the fiscal year ending September 30, 1988;
(7) $3,978,000 for the fiscal year ending September 30, 1989;
(8) $4,086,000 for the fiscal year ending September 30, 1990; and
(9) $4,270,000 for the fiscal year ending September 30, 1991.
The Secretary may credit to any appropriation authorized under this
subsection funds received from non-Federal sources for reimbursement for
expenses incurred by the Secretary in providing training. The Secretary
may expend in fiscal year 1989 or fiscal year 1990 not to exceed $50,000
of funds appropriated pursuant to this subsection for such fiscal year
for establishing a training program for persons who install, operate,
and maintain a system of providing natural gas for more than one unit in
a definable area (including a building or series of buildings, a mobile
home park, a housing project, or an apartment complex) through use of a
master metering system in lieu of separate meters.
(b) For the purpose of carrying out the Federal grants-in-aid
provisions of section 1674(d) of this Appendix, there are authorized to
be appropriated --
(1) $4,500,000, for the fiscal year ending September 30, 1980;
(2) $5,500,000, for the fiscal year ending September 30, 1981; and
(3) $3,728,000, for the fiscal year ending September 30, 1985.
(c) For the purpose of carrying out the Federal grants-in-aid
provisions of section 1674(d) of this Appendix and section 205(d) of the
Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2004( d))
there are authorized to be appropriated $5,000,000 for the fiscal year
ending September 30, 1986, $5,200,000 for the fiscal year ending
September 30, 1987, $5,000,000 for the fiscal year ending September 30,
1988, $5,500,000 for the fiscal year ending September 30, 1989,
$5,500,000 for the fiscal year ending September 30, 1990, and $5,500,000
for the fiscal year ending September 30, 1991.
(d) Limitation on Grants-in-Aid Funds. --
(1) Set aside for hazardous liquid grants-in-aid program. -- Not less
than 5 percent of any amounts appropriated for carrying out the Federal
grants-in-aid provisions for any fiscal year beginning after September
30, 1985, shall be available only for carrying out the Federal
grants-in-aid provisions of section 205(d) of the Hazardous Liquid
Pipeline Safety Act of 1979 (49 U.S.C. App. 2004(d)).
(2) Maximum allocation to indirect expenses. -- Not more than 20
percent of the amount of a pipeline safety grant made to a State under
section 1674(d) of this Appendix and section 205(d) of the Hazardous
Pipeline Safety Act of 1979 (49 App. U.S.C. 2004(d)) may be allocated to
indirect expenses.
(e) Additional Funding. --
(1) Additional grant funds. -- The Secretary shall make available for
grants to the States any funds appropriated for fiscal years 1986 and
1987 which have not been expended in making grants under section 1674(d)
of this Appendix and section 205(d) of the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2004(d)).
(2) Eligibility. -- Grants made under this subsection shall be
available to States which in 1988 or thereafter (A) undertake new
responsibilities under section 1674(a) of this Appendix or section 205(
a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 App. U.S.C.
2004(a)), or (B) implement a one-call damage prevention program
established under State law.
(3) Limitations. -- Nothing in this subsection shall result in any
State receiving grant funds under this chapter or under the Hazardous
Liquid Pipeline Safety Act of 1979 (49 App. U.S.C. 2001 et seq.) in
excess of 50 percent of its allowable pipeline safety costs. No State
shall receive funds under this subsection in excess of $75,000.
(4) Availability. -- Funds made available under this subsection shall
remain available until expended.
(f) Additional Hiring. -- For purposes of hiring 8 additional
inspectors to carry out inspections under section 1680(b) of this
Appendix and section 210(d) of the Hazardous Liquid Pipeline Safety Act
of 1979 (49 App. U.S.C. 2009(d)) and necessary support staff, there is
authorized to be appropriated $500,000 for fiscal year 1989. For
purposes of retaining the persons hired under the preceding sentence and
for hiring 8 additional inspectors to carry out such inspections and
necessary support staff, there is authorized to be appropriated
$1,000,000 for fiscal year 1990. For purposes of retaining the persons
hired under the two preceding sentences, there is authorized to be
appropriated $1,000,000 for fiscal year 1991.
(Pub. L. 90-481, 17, formerly 15, Aug. 12, 1968, 82 Stat. 729; Pub.
L. 92-401, 4, Aug. 22, 1972, 86 Stat. 616; Pub. L. 93-403, 3, Aug. 30,
1974, 88 Stat. 802; Pub. L. 94-477, 2, Oct. 11, 1976, 90 Stat. 2073;
renumbered and amended Pub. L. 96-129, title I, 104(b), 108, Nov. 30,
1979, 93 Stat. 992, 996; Pub. L. 98-464, 1, Oct. 11, 1984, 98 Stat.
1821; Pub. L. 99-272, title VII, 7001, 7002(a), (b)( 4), Apr. 7, 1986,
100 Stat. 139; Pub. L. 99-516, 1, Oct. 22, 1986, 100 Stat. 2965; Pub.
L. 100-561, title I, 110, title III, 301, 302, 303(b)(2), Oct. 31, 1988,
102 Stat. 2809, 2813, 2814, 2816.)
The Hazardous Liquid Pipeline Safety Act of 1979, referred to in
subsec. (e)(3), is title II of Pub. L. 96-129, Nov. 30, 1979, 93
Stat. 1003, as amended, which is classified principally to chapter 29 (
2001 et seq.) of this Appendix. For complete classification of this Act
to the Code, see Short Title note set out under section 2001 of this
Appendix and Tables.
A prior section 17 of Pub. L. 90-481 was renumbered 19 by Pub. L.
96-129, title I, 104(b), Nov. 30, 1979, 93 Stat. 992, and is
classified to section 1686 of this Appendix.
1988 -- Subsec. (a). Pub. L. 100-561, 303(b)(2), inserted ''or
section 1687 of this Appendix'' after ''of this section''.
Pub. L. 100-561, 110, inserted at end ''The Secretary may credit to
any appropriation authorized under this subsection funds received from
non-Federal sources for reimbursement for expenses incurred by the
Secretary in providing training. The Secretary may expend in fiscal
year 1989 or fiscal year 1990 not to exceed $50,000 of funds
appropriated pursuant to this subsection for such fiscal year for
establishing a training program for persons who install, operate, and
maintain a system of providing natural gas for more than one unit in a
definable area (including a building or series of buildings, a mobile
home park, a housing project, or an apartment complex) through use of a
master metering system in lieu of separate meters.''
Subsec. (a)(6) to (9). Pub. L. 100-561, 110, added pars. (6) to
(9).
Subsec. (c). Pub. L. 100-561, 301(a), struck out ''and'' after
''September 30, 1986,'' and inserted '', $5,000,000 for the fiscal year
ending September 30, 1988, $5,500,000 for the fiscal year ending
September 30, 1989, $5,500,000 for the fiscal year ending September 30,
1990, and $5,500,000 for the fiscal year ending September 30, 1991''
after ''September 30, 1987''.
Subsec. (d). Pub. L. 100-561, 301(b), inserted headings, designated
existing provisions as par. (1) and realigned margin, and added par.
(2).
Subsecs. (e), (f). Pub. L. 100-561, 301(c), 302, added subsecs. (e)
and (f).
1986 -- Subsec. (a). Pub. L. 99-272, 7002(b)(4), inserted ''or (c)''
after ''subsection (b)''.
Subsec. (a)(4). Pub. L. 99-272, 7001, added par. (4).
Subsec. (a)(5). Pub. L. 99-516, 1(a), added par. (5).
Subsec. (c). Pub. L. 99-516, 1(b), inserted authorization of
appropriations of $5,200,000 for fiscal year ending September 30, 1987.
Pub. L. 99-272, 7002(a), added subsec. (c).
Subsec. (d). Pub. L. 99-272, 7002(a), added subsec. (d).
1984 -- Subsec. (a)(3). Pub. L. 98-464 added par. (3).
Subsec. (b)(3). Pub. L. 98-464 added par. (3).
1979 -- Subsec. (a). Pub. L. 96-129, 108, substituted provisions
authorizing appropriations of $6,200,000 for fiscal year ending Sept.
30, 1980, and $6,900,000 for fiscal year ending Sept. 30, 1981, for
provisions authorizing appropriations of $2,000,000 for fiscal year
ending June 30, 1975, $2,850,000 for fiscal year June 30, 1976, $500,000
for the period beginning July 1, 1976, and ending Sept. 30, 1976,
$4,664,000 for fiscal year ending Sept. 30, 1977, and $5,000,000 for
fiscal year ending Sept. 30, 1978.
Subsec. (b). Pub. L. 96-129, 108, substituted provisions authorizing
appropriations for purposes of section 1674(d) of this Appendix of
$4,500,000 for fiscal year ending Sept. 30, 1980, and $5,500,000 for
fiscal year ending Sept. 30, 1981, for provisions authorizing
appropriation for purposes of section 1674(c) and (f) of this Appendix
of $1,800,000 for fiscal year ending June 30, 1975, $2,500,000 for
fiscal year ending June 30, 1976, $2,500,000 for fiscal year ending
Sept. 30, 1977, and $4,500,000 for fiscal year ending Sept. 30, 1978.
1976 -- Subsec. (a). Pub. L. 94-477, 2(1), authorized appropriations
of $500,000 for the period beginning July 1, 1976, and ending Sept. 30,
1976, $4,664,000 for fiscal year ending Sept. 30, 1977, and $5,000,000
for fiscal year ending Sept. 30, 1978.
Subsec. (b). Pub. L. 94-477, 2(2), substituted ''section 1674(c) and
(f)'' for ''section 1674(c)'', and authorized appropriations of
$2,500,000 for fiscal year ending Sept. 30, 1977, and $4,500,000 for
fiscal year ending Sept. 30, 1978.
1974 -- Pub. L. 93-403 designated existing provisions as subsec.
(a), in subsec. (a), substituted provisions authorizing appropriations
of $2,000,000 and $2,850,000 for fiscal years ending June 30, 1975, and
June 30, 1976, respectively, to be used in programs other than Federal
grants-in-aid, for provisions authorizing appropriations of $3,000,000,
$3,800,000, and $5,000,000 for fiscal years ending June 30, 1972, 1973,
and 1974, respectively, and added subsec. (b).
1972 -- Pub. L. 92-401 substituted appropriations authorization of
$3,000,000, $3,800,000, and $5,000,000 for fiscal years ending June 30,
1972, 1973, and 1974, for prior appropriations authorization of
$500,000, $2,000,000, and $4,000,000 for fiscal years ending June 30,
1969, 1970, and 1971, respectively.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
112 of Pub. L. 96-129, set out as a note under section 1671 of this
Appendix.
49 USC 1685. Consumer education program
TITLE 49, APPENDIX -- TRANSPORTATION
Each person who engages in the transportation of gas shall, in
accordance with the regulations prescribed by the Secretary, conduct a
program to educate the public on the possible hazards associated with
gas leaks and on the importance of reporting gas odors and leaks to
appropriate authorities. The Secretary may develop materials suitable
for use in such education programs.
(Pub. L. 90-481, 18, formerly 16, as added Pub. L. 94-477, 8, Oct.
11, 1976, 90 Stat. 2075, and renumbered Pub. L. 96-129, title I, 104(
b), Nov. 30, 1979, 93 Stat. 992.)
49 USC 1686. Civil actions by citizens
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Mandatory or prohibitive injunctive relief against persons in
violation of this chapter
Except as provided in subsection (b) of this section, any person may
commence a civil action for mandatory or prohibitive injunctive relief,
including interim equitable relief, against any other person (including
any State, municipality, or other governmental entity to the extent
permitted by the eleventh amendment to the Constitution, and the United
States) who is alleged to be in violation of this chapter or of any
order or regulation issued under this chapter. The district courts of
the United States shall have jurisdiction over actions brought under
this section, without regard to the amount in controversy or the
citizenship of the parties.
(b) Restrictions
No civil action may be commenced under subsection (a) of this section
with respect to any alleged violation of this chapter or any order or
regulation issued under this chapter --
(1) prior to the expiration of 60 days after the plaintiff has given
notice of such alleged violation to the Secretary (or to the applicable
State agency in the case of a State which has been certified under
section 1674(a) of this Appendix and in which the violation is alleged
to have occurred), and to any person who is alleged to have committed
such violation; or
(2) if the Secretary (or such State agency) has commenced and is
diligently pursuing administrative proceedings or the Attorney General
of the United States (or the chief law enforcement officer of such
State) has commenced and is diligently pursuing judicial proceedings
with respect to such alleged violation.
Notice under this subsection shall be given in such manner as the
Secretary shall prescribe by regulation.
(c) Intervention by Attorney General
In any action under subsection (a) of this section, the Secretary
(with the concurrence of the Attorney General) or the Attorney General
may intervene as a matter of right.
(d) Other statutory or common law rights
Nothing in this section shall restrict any right which any person (or
class of persons) may have under any statute or at common law to seek
enforcement of this chapter or any order or regulation under this
chapter or to seek any other relief.
(e) Costs and attorney's fees
In any action under this section the court may, in the interest of
justice, award the costs of suit, including reasonable attorney's fees
and reasonable expert witnesses fees, to a prevailing plaintiff. Such
court may, in the interest of justice award such costs to a prevailing
defendant whenever such action is unreasonable, frivolous, or meritless.
For purposes of this subsection a reasonable attorney's fee is a fee
(1) which is based upon (A) the actual time expended by an attorney in
providing advice and other legal services in connection with
representing a person in an action brought under this section, and (B)
such reasonable expenses as may be incurred by the attorney in the
provision of such services, and (2) which is computed at the rate
prevailing for the provision of similar services with respect to actions
brought in the court which is awarding such fee.
(f) Violation of State safety standards or practices
For purposes of this section, a violation of any safety standard or
practice of any State shall be deemed to be a violation of this chapter
or of any order or regulation under this chapter only to the extent that
such standard or practice is not more stringent than the comparable
Federal minimum safety standard.
(Pub. L. 90-481, 19, formerly 17, as added Pub. L. 94-477, 8, Oct.
11, 1976, 90 Stat. 2075, and renumbered Pub. L. 96-129, title I, 104(
b), Nov. 30, 1979, 93 Stat. 992.)
49 USC 1687. Minimum requirements for one-call notification systems
TITLE 49, APPENDIX -- TRANSPORTATION
(a) State adoption of system
In making allocations under section 1674 of this Appendix, and under
section 2004 of this Appendix, the Secretary shall consider whether a
State has adopted or is seeking adoption of a one-call notification
system under subsection (b) of this section. If the Secretary
determines that any State has not adopted, and is not seeking adoption
of, such a system, such State may not receive the full reimbursement
under such sections to which it would otherwise be entitled.
(b) One-call notification systems
Not later than 18 months after October 31, 1988, the Secretary shall
issue regulations establishing minimum Federal requirements for
establishment and operation of one-call notification systems for
adoption by States as described in subsection (a) of this section
relating to notification of operators of pipeline facilities of
activities in the vicinity of a pipeline facility which could threaten
the safety of such facility. Such regulations shall include, but not be
limited to, the following:
(1) A requirement that the system or systems apply to all areas of
the State containing underground pipeline facilities.
(2) A requirement that any person intending to engage in any
activity, as determined by the Secretary, which could cause physical
damage to an underground pipeline facility must contact the appropriate
one-call notification system to determine if there are underground
pipeline facilities present in the area of the intended activity.
(3) A requirement that all operators of underground pipeline
facilities participate in an appropriate one-call notification system.
(4) Qualifications for operation of such a system whether by
operators of pipeline facilities, private contractors, or State or local
agencies.
(5) Procedures for advertisement and notice of the availability of
such a system.
(6) Requirements for the information to be provided by persons
contacting the system under paragraph (2).
(7) Requirements for the response of the operator of such
notification system and of the operator of the pipeline facility after
contact by a person under this subsection.
(8) A requirement that each State determine whether the notification
system will be toll free or not.
(9) Requirements for sanctions substantially the same as are provided
under sections 1679a and 1679b of this Appendix.
(c) Grants to States
The Secretary may make grants to States for development and
establishment of one-call notification systems which are consistent with
all of the requirements established under subsection (b) of this
section.
(d) Limitation
Nothing in this section or any regulation issued under this section
shall alter any liability established under Federal or State law for
damages caused by activities described in subsection (b)(2) of this
section.
(e) ''Pipeline facility'' defined
As used in this section, the term ''pipeline facility'' includes, in
addition to pipeline facilities as defined by this chapter, any pipeline
facility which is described in section 2001(4) of this Appendix.
(f) Authorization of appropriations
For purposes of carrying out subsection (c) of this section, there is
authorized to be appropriated $1,000,000 per fiscal year for each of
fiscal years 1990 and 1991. Such sums shall remain available until
expended.
(Pub. L. 90-481, 20, as added Pub. L. 100-561, title III, 303(a),
Oct. 31, 1988, 102 Stat. 2814.)
49 USC CHAPTER 25 -- AVIATION FACILITIES EXPANSION AND IMPROVEMENT
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
1701 to 1703. Repealed.
1704. Reduction of nonessential expenditures.
1711 to 1713. Repealed.
1713a. Demonstration projects related to airport ground
transportation services; implementation; priority.
1714 to 1730. Repealed.
1731. Approval of general aviation airport located astride line
separating two counties in one State.
1741. Maximum charges for certain overtime services.
(a) Customs Service, Immigration and Naturalization Service, Public
Health Service, and Department of Agriculture; services for private
aircraft or vessel upon domestic arrival or departure.
(b) Free weekday services of regular personnel.
(c) Credit against expenses; deposit of collections in Treasury.
(d) Definitions.
(e) Limitation on charges for Government inspection of persons and
property.
1742. Repealed.
1743. Interstate compacts for airport facilities.
49 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 1701. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 2, May 21, 1970, 84 Stat. 219;
Pub. L. 94-353, title I, 2, July 12, 1976, 90 Stat. 871, related to
Congressional declaration of policy. See section 2201 of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
Pub. L. 97-35, title XI, 1101, Aug. 13, 1981, 95 Stat. 622,
provided that: ''This part (part 1 ( 1101-1103) of subtitle A of title
XI of Pub. L. 97-35, amending sections 1714, 1715, 1717, and 1742 of
this Appendix and enacting provisions set out as notes under sections
1714 and 1716 of this Appendix) may be cited as the 'Fiscal Year 1981
Airport Development Authorization Act'.''
Section 1 of Pub. L. 94-353 provided: ''That this Act (enacting
sections 1346a, 1356a, 1358, 1704, and 1728 to 1730 of this Appendix,
amending this section and sections 1344, 1371, 1432, 1711 to 1720, 1741,
and 1742 of this Appendix, and enacting provisions set out as notes
under sections 1348, 1702, 1713, 1715, 1718, 1724, 1741, and 1742 of
this Appendix) may be cited as the 'Airport and Airway Development Act
Amendments of 1976'.''
Pub. L. 93-44, 1, June 18, 1973, 87 Stat. 88, provided that: ''This
Act (enacting section 1513 of this Appendix and amending sections 1711,
1712, 1714, 1716, and 1717 of this Appendix) may be cited as the
'Airport Development Acceleration Act of 1973'.''
Pub. L. 91-258, title I, 1, May 21, 1970, 84 Stat. 219, which
provided that title I of Pub. L. 91-258 be cited as the ''Airport and
Airway Development Act of 1970'', was repealed by Pub. L. 97-248, title
V, 523(a), Sept. 3, 1982, 96 Stat. 695.
All orders, determinations, rules, regulations, permits, contracts,
certificates, licenses, grants, rights, and privileges which have been
issued, made, granted, or allowed to become effective by the President,
the Secretary, or any court of competent jurisdiction or any provision
of the Airport and Airway Development Act of 1970 (this chapter) or the
Federal Airport Act (sections 1101 to 1103, 1104 to 1106, and 1107a to
1120 of this Appendix) which were in effect on Sept. 3, 1982, to
continue in effect according to their terms until modified, terminated,
superseded, set aside, or repealed by the Secretary or by any court of
competent jurisdiction, or by operation of law, see Pub. L. 97-248,
title V, 523(c)(1), Sept. 3, 1982, 96 Stat. 695, set out as a note
under section 2201 of this Appendix.
Section 52(c) of Pub. L. 91-258 provided that: ''All orders,
determinations, rules, regulations, permits, contracts, certificates,
licenses, grants, rights, and privileges which have been issued, made,
granted, or allowed to become effective by the President, the Secretary
of Transportation or any court of competent jurisdiction under any
provision of the Federal Airport Act, as amended (sections 1101 to 1103,
1104 to 1106, and 1107a to 1120 of this Appendix), which are in effect
at the time this section takes effect, are continued in effect according
to their terms until modified, terminated, superseded, set aside, or
repealed by the Secretary of Transportation or by any court of competent
jurisdiction, or by operation of law.''
Pub. L. 91-258, title I, 52(d), May 21, 1970, 84 Stat. 236, provided
that: ''If any provision of this title (which enacted sections 1701 to
1703, 1711 to 1713, 1714 to 1731, and 1741 of this Appendix, amended
sections 1344, 1354, 1430, 1432, and 1509 of this Appendix, section 7a
of Title 16, Conservation, section 214 of the Appendix to Title 40,
Public Buildings, Property, and Works, sections 3188a and 3338 of Title
42, The Public Health and Welfare, section 1622 of the Appendix to Title
50, War and National Defense, and Reorg. Plan No. 14 of 1950, eff. May
24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title
5, Government Organization and Employees, repealed sections 1101 to
1103, 1104 to 1106, and 1107a to 1120 of this Appendix, and enacted
provisions set out as notes under sections 1430 and 1701 of this
Appendix) or the application thereof to any person or circumstances is
held invalid, the remainder of the title and the application of the
provision to other persons or circumstances is not affected thereby.''
49 USC 1702. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 3, May 21, 1970, 84 Stat. 219;
Pub. L. 96-470, title I, 112(a), Oct. 19, 1980, 94 Stat. 2239, directed
the Secretary of Transportation to formulate and recommend to Congress a
national transportation policy.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
Pub. L. 94-353, title I, 26, July 12, 1976, 90 Stat. 885, provided
that the Secretary of Transportation, in consultation with planning
agencies, airport sponsors, other public agencies, airport users, and
other interested persons or groups, conduct studies with respect to the
feasibility, practicability, and cost of land bank planning and
development for future and existing airports to be carried out through
Federal, State, and local government action, the establishment of new
major airports, including identification and evaluation of locations and
investigation of alternative methods of financing land acquisition, and
the feasibility, practicability, and cost of soundproofing schools,
hospitals and public health facilities located near airports, and submit
the results of these studies to Congress, including legislative
recommendations, within 1 year from July 12, 1976.
49 USC 1703. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 4, May 21, 1970, 84 Stat. 220,
required Secretary of Transportation to submit to Congress within two
years from May 21, 1970, a cost allocation study respecting appropriate
method for allocating cost of airport and airway system among various
users.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
49 USC 1704. Reduction of nonessential expenditures
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary of Transportation shall, in accordance with this
section, attempt to reduce, to the maximum extent practicable consistent
with the highest degree of aviation safety, the capital, operating,
maintenance, and administrative costs of the national airport and airway
system. The Secretary shall, at least annually, consult with and give
due consideration to the views of users of such system on methods of
reducing nonessential Federal expenditures for aviation. The Secretary
shall give particular attention to any recommendations which could
reduce, without any adverse effects on safety, future Federal manpower
requirements and costs which are required to be recouped from charges on
such users.
(Pub. L. 94-353, title I, 25, July 12, 1976, 90 Stat. 885.)
Section was enacted as part of the Airport and Airway Development Act
Amendments of 1976, and not as part of the Airport and Airway
Development Act of 1970 which comprises this chapter.
49 USC SUBCHAPTER II -- AIRPORT AND AIRWAY DEVELOPMENT
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 1711 to 1713. Repealed. Pub. L. 97-248, title V, 523(a), Sept.
3, 1982, 96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1711, Pub. L. 91-258, title I, 11, May 21, 1970, 84 Stat.
220; Pub. L. 92-174, 4(a), Nov. 27, 1971, 85 Stat. 492; Pub. L.
93-44, 2, June 18, 1973, 87 Stat. 88; Pub. L. 94-353, title I, 3, July
12, 1976, 90 Stat. 871; Pub. L. 95-504, 41(b), Oct. 24, 1978, 92 Stat.
1748; Pub. L. 96-193, title I, 103(b)(1), Feb. 18, 1980, 94 Stat. 51,
set forth definitions. See section 2202 of this Appendix.
Section 1712, Pub. L. 91-258, title I, 12, May 21, 1970, 84 Stat.
221; Pub. L. 92-174, 1, Nov. 27, 1971, 85 Stat. 491; Pub. L. 93-44,
6, June 18, 1973, 87 Stat. 90; Pub. L. 94-353, title I, 4, 8(c), July
12, 1976, 90 Stat. 872, 877, provided for a national airport system
plan. See section 2203 of this Appendix.
Section 1713, Pub. L. 91-258, title I, 13, May 21, 1970, 84 Stat.
224; Pub. L. 92-174, 4(a), Nov. 27, 1971, 85 Stat. 492; Pub. L.
94-353, title I, 5, July 12, 1976, 90 Stat. 872; Pub. L. 96-193, title
I, 103(b)(2), Feb. 18, 1980, 94 Stat. 51, related to planning grants.
See section 2204(a) of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
49 USC 1713a. Demonstration projects related to airport ground
transportation services; implementation; priority
TITLE 49, APPENDIX -- TRANSPORTATION
(1) The Secretary of Transportation is authorized to undertake
demonstration projects related to ground transportation services to
airports which he determines will assist the improvement of the Nation's
airport and airway system, and consistent regional airport system plans
funded pursuant to section 1713(b) /1/ of this Appendix, by improving
ground access to air carrier airport terminals. He may undertake such
projects independently or by grant or contract (including working
agreements with other Federal departments and agencies).
(2) In determining projects to be undertaken under this section, the
Secretary of Transportation shall give priority to those projects which
(A) affect airports in areas with operating regional rapid transit
systems with existing facilities within reasonable proximity to such
airports, (B) include connection of the airport terminal facilities to
such systems, (C) are consistent with and supportive of a regional
airport system plan adopted by the planning agency for the region and
submitted to the Secretary, and (D) will improve access for all persons
residing or working within the region to air transport, through the
encouragement of an optimum balance of use of airports in the region.
(Pub. L. 94-353, title I, 23(a), July 12, 1976, 90 Stat. 884.)
Section 1713 of this Appendix, referred to in par. (1), was repealed
by Pub. L. 97-248, title V, 523(a), Sept. 3, 1982, 96 Stat. 695.
Section was enacted as part of the Airport and Airway Development Act
Amendments of 1976, and not as part of the Airport and Airway
Development Act of 1970 which comprises this chapter.
Authorization of Appropriations
Section 23(b) of Pub. L. 94-353 provided that:
''(1) The Secretary of Transportation is authorized to undertake a
demonstration project at South Bend, Indiana, for a multimodal terminal
building and facilities for the intermodal transfer of passengers and
baggage between and among the interconnecting air, rail, and highway
transportation routes and facilities. He may undertake such project
independently or by grant or contract (including working agreements with
other Federal departments and agencies).
''(2) There is authorized to be appropriated to carry out this
subsection not to exceed $3,000,000.''
/1/ See References in Text note below.
49 USC 1714. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 14, May 21, 1970, 84 Stat. 224;
Pub. L. 92-174, 2, 3, 4(b), Nov. 27, 1971, 85 Stat. 491, 492; Pub.
L. 93-44, 3, June 18, 1973, 87 Stat. 89; Pub. L. 94-353, title I, 6,
title II, 201, July 12, 1976, 90 Stat. 872, 886; Pub. L. 96-193, title
II, 201, Feb. 18, 1980, 94 Stat. 54; Pub. L. 97-35, title XI,
1102(a), (b), (d), Aug. 13, 1981, 95 Stat. 623, related to airport and
airway development program. See sections 2204 and 2205 of this
Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
Pub. L. 97-35, title XI, 1102(c), Aug. 13, 1981, 95 Stat. 623,
provided that the amounts authorized under subsec. (a)(3) and (4) of
this section for fiscal year 1981 also be authorized for airport system
planning, airport master planning, and airport noise compatibility
planning, in accordance with section 1713 of this Appendix, and for
carrying out noise compatibility programs under section 2104(c) of this
Appendix, and directed the Secretary to obligate from funds available
for fiscal year 1981 under subsec. (a)(3) of this section not less than
$25,000,000 for carrying out noise compatibility programs under section
2104(c) of this Appendix.
49 USC 1715. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 15, May 21, 1970, 84 Stat. 225;
Pub. L. 92-174, 4(a), Nov. 27, 1971, 85 Stat. 492; Pub. L. 94-353,
title I, 7(a)-(d), July 12, 1976, 90 Stat. 874-876; Pub. L. 96-193,
title II, 202, Feb. 18, 1980, 94 Stat. 54; Pub. L. 97-35, title XI,
1102(e)-(h), Aug. 13, 1981, 95 Stat. 623, related to distribution of
funds. See section 2206 of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
For provision relating to availability of funds apportioned before
Oct. 1, 1981, pursuant to subsec. (a)(3) of this section, which have
not been obligated by grant agreement before that date, see Pub. L.
97-248, title V, 523(c)(2), Sept. 3, 1982, 96 Stat. 695, set out as a
note under section 2201 of this Appendix.
Section 7(e) of Pub. L. 94-353 provided that in making apportionment
under subsec. (a)(3)(A) of this section for the fiscal year 1976,
including the period July 1, 1976 through Sept. 30, 1976, the Secretary
of Transportation was to increase the number of enplanements at each
airport by 25 percent.
49 USC 1716. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 16, May 21, 1970, 84 Stat. 226;
1970 Reorg. Plan No. 2, 102, eff. July 1, 1970, 35 F.R. 7959, 84
Stat. 2085; 1970 Reorg. Plan No. 3, 2(a)(1), (3), eff. Dec. 2, 1970,
35 F.R. 15623, 84 Stat. 2087; Pub. L. 93-44, 4, June 18, 1973, 87
Stat. 89; Pub. L. 94-353, title I, 8(a), (b), July 12, 1976, 90 Stat.
876; Pub. L. 96-193, title II, 205, Feb. 18, 1980, 94 Stat. 55,
related to project applications for airport development. See section
2208 of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
Pub. L. 97-35, title XI, 1102(j), Aug. 13, 1981, 95 Stat. 623,
authorized the Secretary of Transportation, notwithstanding any other
provision of the Airport and Airway Development Act of 1970, to approve
an application under such Act before Oct. 1, 1981, for a project which
was begun after Sept. 30, 1980, and before Aug. 13, 1981, and
permitted that, if such an application was approved, costs incurred
under such project after Sept. 30, 1980, and before the date of
approval of such project be allowable costs to the extent they would be
allowable costs under the provisions of such Act of 1970, other than
provisions making costs allowable only if incurred after the execution
of the grant agreement, if incurred after the date of such project
approval.
49 USC 1717, 1718. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3,
1982, 96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1717, Pub. L. 91-258, title I, 17, May 21, 1970, 84 Stat.
228; Pub. L. 92-174, 4(c), Nov. 27, 1971, 85 Stat. 492; Pub. L.
93-44, 5, June 18, 1973, 87 Stat. 89; Pub. L. 94-353, title I, 9, July
12, 1976, 90 Stat. 877; Pub. L. 96-193, title II, 203, Feb. 18, 1980,
94 Stat. 55; Pub. L. 97-35, title XI, 1102(i), Aug. 13, 1981, 95 Stat.
623, related to United States share of project costs. See section 2209
of this Appendix.
Section 1718, Pub. L. 91-258, title I, 18, May 21, 1970, 84 Stat.
229; Pub. L. 94-353, title I, 10(a)-(c), July 12, 1976, 90 Stat. 878,
related to project sponsorship requirements. See section 2210 of this
Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
49 USC 1719 to 1723. Repealed. Pub. L. 97-248, title V, 523(a), Sept.
3, 1982, 96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1719, Pub. L. 91-258, title I, 19, May 21, 1970, 84 Stat.
230; Pub. L. 94-353, title I, 11, July 12, 1976, 90 Stat. 879, related
to grant agreements. See section 2211 of this Appendix.
Section 1720, Pub. L. 91-258, title I, 20, May 21, 1970, 84 Stat.
230; Pub. L. 94-353, title I, 12, July 12, 1976, 90 Stat. 879, related
to project costs. See section 2212 of this Appendix.
Section 1721, Pub. L. 91-258, title I, 21, May 21, 1970, 84 Stat.
231, related to payments under grant agreements. See section 2213 of
this Appendix.
Section 1722, Pub. L. 91-258, title I, 22, May 21, 1970, 84 Stat.
231, related to performance of construction work. See section 2214 of
this Appendix.
Section 1723, Pub. L. 91-258, title I, 23, May 21, 1970, 84 Stat.
232; Pub. L. 93-271, 1(3), Apr. 22, 1974, 88 Stat. 92, related to use
of Government-owned lands. See section 2215 of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
Ex. Ord. No. 10536, June 9, 1954, 19 F.R. 3437, as amended by Ex.
Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, which related to the
exercise of certain functions without approval of the President, was
revoked by Ex. Ord. No. 12079, Sept. 18, 1978, 43 F.R. 42233, set out
as a note below.
Ex. Ord. No. 12079, Sept. 18, 1978, 43 F.R. 42233, provided:
By the authority vested in me by section 301 of Title 3 of the United
States Code, it is hereby ordered as follows:
Section 1. The authority vested in the heads of departments and
agencies by Section 23(b) of the Airport and Airway Development Act of
1970 (84 Stat. 232; 49 U.S.C. 1723(b)) (49 App. U.S.C. 1723(b)), with
the approval of the President and the Attorney General of the United
States, to perform any acts and to execute any instruments necessary to
make any conveyance requested by the Secretary of Transportation under
Section 23(a) of that Act (subsec. (a) of this section) may be exercised
by such heads of departments and agencies without the approval of the
President.
Sec. 2. Executive Order No. 10536 of June 9, 1954, as amended, is
revoked.
Jimmy Carter.
49 USC 1724. Repealed. Pub. L. 97-248, title V, 523(a), Sept. 3, 1982,
96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title I, 24, May 21, 1970, 84 Stat. 232,
provided for reports to Congress. See section 2220 of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
Pub. L. 94-353, title I, 20, July 12, 1976, 90 Stat. 883, provided
that the Secretary of Transportation conduct a study of airports in
areas where land requirements, local taxes, or a low revenue return per
acre may close such airports and report the results of such study to
Congress by Jan. 1, 1978, including therein the identification of those
locations which may be converted to nonaviation uses and recommendations
concerning methods for preserving those airports which in the
Secretary's judgment should be preserved in the public interest.
49 USC 1725 to 1730. Repealed. Pub. L. 97-248, title V, 523(a), Sept.
3, 1982, 96 Stat. 695
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1725, Pub. L. 91-258, title I, 25, May 21, 1970, 84 Stat.
233, provided for penalties for false statements, representations, or
reports. See section 2216 of this Appendix.
Section 1726, Pub. L. 91-258, title I, 26, May 21, 1970, 84 Stat.
233, provided for access to records. See section 2217 of this Appendix.
Section 1727, Pub. L. 91-258, title I, 27, May 21, 1970, 84 Stat.
233, related to general powers of Secretary. See section 2218 of this
Appendix.
Section 1728, Pub. L. 91-258, title I, 28, as added Pub. L.
94-353, title I, 13, July 12, 1976, 90 Stat. 880, related to State
demonstration programs.
Section 1729, Pub. L. 91-258, title I, 29, as added Pub. L.
94-353, title I, 14, July 12, 1976, 90 Stat. 881, and amended Pub. L.
95-163, 17(b)(1), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95-504, 2( b),
41(a), Oct. 24, 1978, 92 Stat. 1705, 1748, related to air carrier
airport designation.
Section 1730, Pub. L. 91-258, title I, 30, as added Pub. L.
94-353, title I, 14, July 12, 1976, 90 Stat. 881, related to civil
rights. See section 2219 of this Appendix.
Section 523(a) of Pub. L. 97-248 provided that repeal is effective
Sept. 3, 1982.
49 USC 1731. Approval of general aviation airport located astride line
separating two counties in one State
TITLE 49, APPENDIX -- TRANSPORTATION
Notwithstanding any other provision of the Airport and Airway
Improvement Act of 1982 (49 App. U.S.C. 2201 et seq.), no airport
development project under such Act involving the construction or
extension of any runway may be approved by the Secretary at any general
aviation airport (as defined by section 1711(8) of this Appendix, as in
effect on February 18, 1980) located astride a line separating two
counties within a single State if, before the submission of such project
to the Secretary, such project has not been approved by the governing
body of any village incorporated under the laws of that State which is
located entirely within five miles of the nearest boundary of such
airport.
(Pub. L. 91-258, title I, 31, as added Pub. L. 96-193, title II, 206,
Feb. 18, 1980, 94 Stat. 55, and amended Pub. L. 97-248, title V, 524(e),
Sept. 3, 1982, 96 Stat. 697.)
The Airport and Airway Improvement Act of 1982, referred to in text,
is title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat. 671, as
amended, which is classified principally to chapter 31 ( 2201 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 2201 of this Appendix and
Tables.
Section 1711(8) of this Appendix, as in effect on February 18, 1980,
referred to in text, which was redesignated section 1711(9) of this
Appendix on that date, provided: ''General aviation airport'' means a
public airport which is not an air carrier airport. Section 1711 of
this Appendix was repealed by Pub. L. 97-248, title V, 523(a), Sept.
3, 1982, 96 Stat. 695.
1982 -- Pub. L. 97-248 substituted ''the Airport and Airway
Improvement Act of 1982'' for ''this chapter'', inserted ''under such
Act'' after ''airport development project'', and inserted ''(as defined
by section 1711(8) of this Appendix, as in effect on February 18,
1980)'' after ''general aviation airport''.
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section
523(b) of Pub. L. 97-248, set out as an Effective Date note under
section 2201 of this Appendix.
49 USC SUBCHAPTER III -- MISCELLANEOUS PROVISIONS
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 1741. Maximum charges for certain overtime services
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Customs Service, Immigration and Naturalization Service, Public
Health Service, and Department of Agriculture; services for private
aircraft or vessel upon domestic arrival or departure
Notwithstanding the provisions of section 1451 of title 19 or any
other provisions of law, the maximum amount payable by the owner,
operator, or agent of any private aircraft or private vessel for
services performed on or after July 1, 1970, upon the request of such
owner, operator, or agent, by officers and employees of the Customs
Service, by officers and employees of the Immigration and Naturalization
Service, by officers and employees (including an independent contractor
performing inspectional services) of the Public Health Service, and by
officers and employees of the Department of Agriculture, on a Sunday or
holiday, or at any time after 5 o'clock postmeridian or before 8 o'clock
antemeridian on a week day, in connection with the arrival in or
departure from the United States of such private aircraft or vessel,
shall not exceed $25.
(b) Free weekday services of regular personnel
Notwithstanding any other provision of law, no payment shall be
required for services described in subsection (a) of this section if
such services are performed on a week day and an officer or employee
stationed on his regular tour of duty at the place of arrival or
departure is available to perform such services.
(c) Credit against expenses; deposit of collections in Treasury
Amounts payable for services described in subsection (a) of this
section shall be collected by the Department or agency providing the
services and shall be deposited into the Treasury of the United States
to the credit of the appropriation of that agency charged with the
expense of such services.
(d) Definitions
As used in this section --
(1) the term ''private aircraft'' means any civilian aircraft not
being used to transport persons or property for compensation or hire,
and
(2) the term ''private vessel'' means any civilian vessel not being
used (A) to transport persons or property for compensation or hire, or
(B) in fishing operations or in processing of fish or fish products.
(e) Limitation on charges for Government inspection of persons and
property
(1) The cost of any inspection or quarantine service which is
required to be performed by the Federal Government or any agency thereof
at airports of entry or other places of inspection as a consequence of
the operation of aircraft, and which is performed during regularly
established hours of service on Sundays or holidays shall be reimbursed
by the owners or operators of such aircraft only to the same extent as
if such service had been performed during regularly established hours of
service on weekdays. Notwithstanding any other provision of law,
administrative overhead costs associated with any inspection or
quarantine service required to be performed by the United States
Government, or any agency thereof, at airports of entry as a result of
the operation of aircraft, shall not be assessed against the owners or
operators thereof.
(2) Nothing in this subsection may be construed as requiring
reimbursement for costs incurred by the Secretary of the Treasury in
providing customs services described in section 58c(e)(1) of title 19.
(Pub. L. 91-258, title I, 53, May 21, 1970, 84 Stat. 236; Pub. L.
94-353, title I, 15(a), July 12, 1976, 90 Stat. 882; Pub. L. 99-272,
title XIII, 13031(h)(2), Apr. 7, 1986, 100 Stat. 310; Pub. L. 99-514,
title XVIII, 1893(f), Oct. 22, 1986, 100 Stat. 2930.)
1986 -- Subsec. (e). Pub. L. 99-514 added subsec. (e).
Pub. L. 99-272, struck out subsec. (e) relating to reimbursement to
Federal Government of costs of inspection and quarantine services
performed on Sundays and holidays.
1976 -- Subsec. (e). Pub. L. 94-353 added subsec. (e).
Amendment by Pub. L. 99-514 applicable with respect to services
rendered after date that is 15 days after Oct. 22, 1986, see section
1893(g)(1) of Pub. L. 99-514, set out as a note under section 58c of
Title 19, Customs Duties.
Amendment by Pub. L. 99-272, applicable with respect to customs
services rendered after the date that is 90 days after Apr. 7, 1986,
see section 58c(j) of Title 19.
Section 15(b) of Pub. L. 94-353 provided that: ''The amendment made
by subsection (a) of this section (amending this section) shall take
effect January 1, 1977.''
49 USC 1742. Repealed. Pub. L. 97-248, title II, 281(b), Sept. 3, 1982,
96 Stat. 566
TITLE 49, APPENDIX -- TRANSPORTATION
Section, Pub. L. 91-258, title II, 208(a)-(f), May 21, 1970, 84
Stat. 250; Pub. L. 94-353, title III, 301(a), July 12, 1976, 90 Stat.
886; Pub. L. 96-193, title II, 204, Feb. 18, 1980, 94 Stat. 55; Pub.
L. 96-298, 1(d), July 1, 1980, 94 Stat. 829; Pub. L. 97-35, title XI,
1103, Aug. 13, 1981, 95 Stat. 624, related to creation of Airport and
Airway Trust Fund. See section 9502 of Title 26, Internal Revenue Code.
Repeal effective Sept. 1, 1982, see section 281(d) of Pub. L.
97-248, set out as an Effective Date note under section 9502 of Title
26, Internal Revenue Code.
and Investigation, Reports to Congress, and Funds for
Undertaking
Section 209 of Pub. L. 91-258 required a study, investigation, and
interim and final reports to Congress no later than Mar. 1, 1971, and
1972, printed as a House document, to make available information to be
the basis for revision of laws to assure an equitable distribution of
tax burden among classes of persons using United States airports and
airways or deriving benefits therefrom; and authorized appropriation of
necessary funds from Airport and Airway Trust Fund for execution of such
provisions.
49 USC 1743. Interstate compacts for airport facilities
TITLE 49, APPENDIX -- TRANSPORTATION
The consent of Congress is given to each of the several States to
enter into any agreement or compact, not in conflict with any law of the
United States, with any other State or States for the purpose of
developing or operating airport facilities. The right to alter, amend,
or repeal this section is expressly reserved.
(Pub. L. 86-154, Aug. 11, 1959, 73 Stat. 333.)
Section was formerly classified to section 1103a of this title.
Section was not enacted as a part of the Airport and Airway
Development Act of 1970 which comprises this chapter.
49 USC CHAPTER 26 -- HAZARDOUS MATERIALS TRANSPORTATION CONTROL
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 1761, 1762. Repealed. Pub. L. 93-633, title I, 113(g), Jan. 3,
1975, 88 Stat. 2163
TITLE 49, APPENDIX -- TRANSPORTATION
Section 1761, Pub. L. 91-458, title III, 302, Oct. 16, 1970, 84
Stat. 977, related to authority of the Secretary of Transportation
respecting hazardous materials transportation control, providing in:
subsec. (a) for establishment of facilities and technical staff for
evaluation of hazards, establishment of central reporting system for
accidents, and conduct of review and making of recommendations regarding
transportation of hazardous materials; subsec. (b) for the authority as
being additional to that granted under sections 831 to 835 of title 18;
subsec. (c) for annual reports; and subsec. (d) for recommendations
for additional legislation.
Section 1762, Pub. L. 91-458, title III, 303, Oct. 16, 1970, 84
Stat. 977; Pub. L. 93-90, 3, Aug. 14, 1973, 87 Stat. 305, authorized
$1,200,000 appropriations authorization for fiscal year ending June 30,
1974, for hazardous materials transportation control.
Subject matter is covered by section 1801 et seq. of this Appendix.
Provisions; Two Year Limitation After January 3,
1975, for Arrangements, Including Licenses, etc., To
Comply With Pub. L. 93-633; Pending Proceedings
Unaffected
Repeal by Pub. L. 93-633 effective Jan. 3, 1975, except as
otherwise provided, see section 114 of Pub. L. 93-633, set out as an
Effective Date of 1975 Amendment note under section 1801 of this
Appendix.
49 USC CHAPTER 27 -- HAZARDOUS MATERIALS TRANSPORTATION
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
1801. Congressional declaration of policy.
1802. Definitions.
1803. Designation of hazardous materials.
1804. Regulations governing transportation of hazardous materials.
(a) General.
(b) Highway routing.
(c) List of route designations.
(d) International uniformity.
(e) Unlawful representation.
(f) Unlawful tampering.
(g) Disclosure.
1805. Handling of hazardous materials.
(a) Criteria.
(b) Training criteria for safe handling and transportation.
(c) Registration.
(d) Motor carrier safety permits.
(e) Registration statement.
(f) Filing of statement.
1806. Exemptions.
(a) General.
(b) Vessels.
(c) Firearms and ammunition.
(d) Limitation on authority.
1807. Transportation of radioactive materials on passenger-carrying
aircraft.
(a) General.
(b) ''Radioactive materials'' defined.
1808. Powers and duties of Secretary.
(a) General.
(b) Records.
(c) Inspection.
(d) Facilities and duties; contract limitations.
(e) Annual report.
1809. Penalties.
(a) Civil.
(b) Criminal.
1810. Specific relief.
(a) General.
(b) Imminent hazard.
1811. Relationship to other laws.
(a) In general.
(b) Fees.
(c) Determination of preemption.
(d) Waiver of preemption.
(e) Judicial review.
(f) Other Federal laws.
1812. Authorization of appropriations.
(a) In general.
(b) Credits.
1813. Transportation of certain highly radioactive materials.
(a) Railroad transportation study.
(b) Safe rail transport of certain radioactive materials.
(c) Mode and route study.
(d) Inspections of vehicles transporting highway route controlled
quantity radioactive materials.
1814. Unsatisfactory safety ratings.
(a) Prohibition on transportation.
(b) Review of rating.
(c) Prohibition on Federal agency use.
1815. Public sector training and planning.
(a) Planning grant program.
(b) Training grant program.
(c) Adoption of Federal standards and compliance with emergency
planning requirements.
(d) Federal share.
(e) Applications.
(f) Delegation of authority.
(g) Training curriculum.
(h) Fees for training and planning.
(i) Funding.
1816. Hazmat employee training grant program.
(a) Grant purposes.
(b) Administration.
(c) Grant recipients.
(d) Funding.
1817. Railroad tank cars.
(a) Prohibitions for certain materials.
(b) Applicability to other materials.
1818. Application of Federal, State, and local law to Federal
contractors.
1819. Uniformity of State motor carrier registration and permitting
forms and procedures.
(a) Working group.
(b) Consultation requirement.
(c) Report.
(d) Regulations.
(e) Uniformity.
(f) Implementation efficiency.
(g) Applicability of Advisory Committee Act.
(h) Authorization of appropriation.
6923, 9656; title 45 section 441; title 49 section
521.
49 USC 1801. Congressional declaration of policy
TITLE 49, APPENDIX -- TRANSPORTATION
It is declared to be the policy of Congress in this chapter to
improve the regulatory and enforcement authority of the Secretary of
Transportation to protect the Nation adequately against the risks to
life and property which are inherent in the transportation of hazardous
materials in commerce.
(Pub. L. 93-633, title I, 102, Jan. 3, 1975, 88 Stat. 2156.)
This chapter, referred to in text, was in the original ''this
title'', meaning title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat.
2156, as amended, which is classified principally to this chapter. For
complete classification of title I of Pub. L. 93-633 to the Code, see
Short Title note set out below and Tables.
Pub. L. 101-615, 31, Nov. 16, 1990, 104 Stat. 3277, provided that:
''(a) General Rule. -- Except as provided in this Act (see Short
Title of 1990 Amendment note below), this Act (including the amendments
made by this Act) shall take effect on the date of the enactment of this
Act (Nov. 16, 1990).
''(b) Continuation of Existing Regulations. -- Any regulation or
ruling issued before the date of the enactment of this Act (Nov. 16,
1990) pursuant to the Hazardous Materials Transportation Act (this
chapter) and any authority granted under such a regulation shall
continue in effect according to its terms until repealed, terminated,
amended, or modified by the Secretary of Transportation or a court of
competent jurisdiction.''
Year Limitation After January 3, 1975, for
Arrangements, Including Licenses, etc., To Comply With
Pub. L. 93-633; Pending Proceedings Unaffected
Section 114 of Pub. L. 93-633 provided that:
''(a) Except as provided in this section, the provisions of this
title (see Short Title note set out below) shall take effect on the date
of enactment (Jan. 3, 1975).
''(b)(1) Except as provided in section 108 of this title (section
1807 of this Appendix) or paragraph (2) of this subsection, any order,
determination, rule, regulation, permit, contract, certificate, license,
or privilege issued, granted, or otherwise authorized or allowed, prior
to the date of enactment of this title (Jan. 3, 1975), pursuant to any
provision of law amended or repealed by this title, shall continue in
effect according to its terms or until repealed, terminated, withdrawn,
amended, or modified by the Secretary or a court of competent
jurisdiction.
''(2) The Secretary shall take all steps necessary to bring orders,
determinations, rules, and regulations into conformity with the purposes
and provisions of this title (see Short Title note set out below) as
soon as practicable, but in any event no permits, contracts,
certificates, licenses, or privileges granted prior to the date of
enactment of this title (Jan. 3, 1975), or renewed or extended
thereafter, shall be of any effect more than 2 years after the date of
enactment of this title, unless there is full compliance with the
purposes and provisions of this Act and regulations thereunder.
''(c) Proceedings pending upon the date of enactment of this title
(Jan. 3, 1975) shall not be affected by the provisions of this title
(see Short Title note set out below) and shall be completed as if this
title had not been enacted, unless the Secretary makes a determination
that the public health and safety otherwise require.''
Pub. L. 101-615, 1(a), Nov. 16, 1990, 104 Stat. 3244, provided
that: ''This Act (enacting sections 1815 to 1819 of this Appendix,
amending sections 1802, 1804 to 1813, and 2509 of this Appendix and
sections 435, 436, and 439 of Title 45, Railroads, enacting provisions
set out as notes under this section and sections 1804, 1805, 1813, and
1817 of this Appendix, section 655 of Title 29, Labor, and section 434
of Title 45, and amending provisions set out as a note under section
10927 of this title) may be cited as the 'Hazardous Materials
Transportation Uniform Safety Act of 1990'.''
Pub. L. 94-474, 1, Oct. 11, 1976, 90 Stat. 2068, provided: ''That
this Act (amending sections 1805 and 1812 of this Appendix) may be cited
as the 'Hazardous Materials Transportation Act Amendments of 1976'.''
Section 1 of Pub. L. 93-633 provided: ''That this Act (enacting
this chapter and sections 1901 to 1907 of this Appendix, amending
sections 1471, 1472, 1653, and 1655 of this Appendix, sections 39, 437,
438, 440, and 441 of Title 45, Railroads, and section 170 of former
Title 46, Shipping, repealing sections 1654, 1761, and 1762 of this
Appendix, and enacting provisions set out as notes under this section,
section 1901 of this Appendix and section 440 of Title 45) may be cited
as the 'Transportation Safety Act of 1974'.''
Section 101 of title I of Pub. L. 93-633 provided that: ''This
title (enacting this chapter, amending sections 1471, 1472, and 1655 of
this Appendix and section 170 of Title 46, Shipping, repealing sections
1761 and 1762 of this Appendix, and enacting provisions set out as notes
under this section) may be cited as the 'Hazardous Materials
Transportation Act'.''
Pub. L. 101-615, 2, Nov. 16, 1990, 104 Stat. 3244, provided that:
''The Congress finds that --
''(1) the Department of Transportation estimates that approximately 4
billion tons of regulated hazardous materials are transported each year
and that approximately 500,000 movements of hazardous materials occur
each day,
''(2) accidents involving the release of hazardous materials are a
serious threat to public health and safety,
''(3) many States and localities have enacted laws and regulations
which vary from Federal laws and regulations pertaining to the
transportation of hazardous materials, thereby creating the potential
for unreasonable hazards in other jurisdictions and confounding shippers
and carriers which attempt to comply with multiple and conflicting
registration, permitting, routing, notification, and other regulatory
requirements,
''(4) because of the potential risks to life, property, and the
environment posed by unintentional releases of hazardous materials,
consistency in laws and regulations governing the transportation of
hazardous materials is necessary and desirable,
''(5) in order to achieve greater uniformity and to promote the
public health, welfare, and safety at all levels, Federal standards for
regulating the transportation of hazardous materials in intrastate,
interstate, and foreign commerce are necessary and desirable,
''(6) in order to provide reasonable, adequate, and cost-effective
protection from the risks posed by the transportation of hazardous
materials, a network of adequately trained State and local emergency
response personnel is required,
''(7) the Office of Technology Assessment has estimated that
approximately 1,500,000 emergency response personnel need better basic
or advanced training for responding to the unintentional release of
hazardous materials at fixed facilities and in transportation, and
''(8) the movement of hazardous materials in commerce is necessary
and desirable to maintain economic vitality and meet consumer demands,
and shall be conducted in a safe and efficient manner.''
49 USC 1802. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this chapter, the following definitions apply:
(1) Administrator
The term ''Administrator'' means the Administrator of the
Environmental Protection Agency.
(2) Commerce
The term ''commerce'' means trade, traffic, commerce, or
transportation within the jurisdiction of the United States (A) between
a place in a State and any place outside of such State, or (B) which
affects trade, traffic, commerce, or transportation described in
subparagraph (A).
(3) Director
The term ''Director'' means the Director of the Federal Emergency
Management Agency.
(4) Hazardous material
The term ''hazardous material'' means a substance or material
designated by the Secretary under section 1803 of this Appendix.
(5) Hazmat employee
The term ''hazmat employee'' means an individual who is employed by a
hazmat employer and who in the course of the individual's employment
directly affects hazardous materials transportation safety as determined
by the Secretary by regulation. Such term includes an owner-operator of
a motor vehicle which transports in commerce hazardous materials. Such
term includes, at a minimum, an individual who is employed by a hazmat
employer and who in the course of the individual's employment --
(A) loads, unloads, or handles hazardous materials;
(B) reconditions or tests containers, drums, and packages represented
for use in the transportation of hazardous materials;
(C) prepares hazardous materials for transportation;
(D) is responsible for the safety of the transportation of hazardous
materials; or
(E) operates a vehicle used to transport hazardous materials.
(6) Hazmat employer
The term ''hazmat employer'' means a person --
(A)(i) who transports in commerce hazardous materials,
(ii) who causes to be transported or shipped in commerce hazardous
materials, or
(iii) who reconditions or tests containers, drums, and packages
represented for use in the transportation of hazardous materials; and
(B) who utilizes 1 or more of its employees in connection with such
activity.
Such term includes an owner-operator of a motor vehicle which
transports in commerce hazardous materials. Such term includes any
department, agency, or instrumentality of the United States, a State, a
political subdivision of a State, or an Indian tribe engaged in an
activity described in subparagraph (A)(i), (A)(ii), or (A)(iii).
(7) Imminent hazard
The term ''imminent hazard'' means the existence of a condition which
presents a substantial likelihood that death, serious illness, severe
personal injury, or substantial endangerment to health, property, or the
environment may occur before the reasonably foreseeable completion of an
administrative hearing or other formal proceeding initiated to abate the
risks of those effects.
(8) Indian tribe
The term ''Indian tribe'' shall have the meaning given that term
under section 450b of title 25.
(9) Motor carrier
The term ''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 title 49.
(10) National Response Team
The term ''National Response Team'' means the national response team
established pursuant to the National Contingency Plan as established
under section 9605 of title 42.
(11) Person
The term ''person'' means an individual, firm, copartnership,
corporation, company, association, joint-stock association, including
any trustee, receiver, assignee, or similar representative thereof, or
government, Indian tribe, or agency or instrumentality of any government
or Indian tribe when it offers hazardous materials for transportation in
commerce or transports hazardous materials in furtherance of a
commercial enterprise, but such term does not include (A) the United
States Postal Service, or (B) for the purposes of sections 1809 and 1810
of this Appendix, any agency or instrumentality of the Federal
Government.
(12) Public sector employee
The term ''public sector employee'' means an individual who is
employed by a State or a political subdivision thereof or an Indian
tribe and who in the course of the individual's employment has
responsibilities relating to responding to accidents and incidents
involving the transportation of hazardous materials. Such term
includes, at a minimum, a person employed by a State or political
subdivision thereof or an Indian tribe as a firefighter or law
enforcement officer. Such term also includes a person who volunteers to
serve as a firefighter for a State or political subdivision thereof or
an Indian tribe.
(13) Secretary
The term ''Secretary'' means the Secretary of Transportation or the
Secretary's delegate.
(14) State
The term ''State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or
any other territory or possession of the United States designated by the
Secretary; except that as used in section 1819 of this Appendix,
relating to uniformity of State registration and permitting forms and
procedures, such term means a State of the United States and the
District of Columbia.
(15) Transports or transportation
The term ''transports'' or ''transportation'' means any movement of
property by any mode, and any loading, unloading, or storage incidental
thereto.
(16) United States
The term ''United States'' means all of the States.
(Pub. L. 93-633, title I, 103, Jan. 3, 1975, 88 Stat. 2156; Pub. L.
101-615, 3(a), Nov. 16, 1990, 104 Stat. 3245.)
Section 450b of title 25, referred to in par. (8), was in the
original ''section 4 of the Indian Self-Determination and Education Act
(25 U.S.C. 450b)'', which was translated as reading section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)
to reflect the probable intent of Congress.
1990 -- Pub. L. 101-615 amended section generally, substituting
pars. (1) to (16) for former pars. (1) to (7) which defined
''commerce'', ''hazardous material'', ''Secretary'', ''serious harm'',
''State'', ''transports'' or ''transportation'', and ''United States''.
49 USC 1803. Designation of hazardous materials
TITLE 49, APPENDIX -- TRANSPORTATION
Upon a finding by the Secretary, in his discretion, that the
transportation of a particular quantity and form of material in commerce
may pose an unreasonable risk to health and safety or property, he shall
designate such quantity and form of material or group or class of such
materials as a hazardous material. The materials so designated may
include, but are not limited to, explosives, radioactive materials,
etiologic agents, flammable liquids or solids, combustible liquids or
solids, poisons, oxidizing or corrosive materials, and compressed gases.
(Pub. L. 93-633, title I, 104, Jan. 3, 1975, 88 Stat. 2156.)
49 USC 1804. Regulations governing transportation of hazardous
materials
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General
(1) Issuance
The Secretary shall issue regulations for the safe transportation of
hazardous materials in intrastate, interstate, and foreign commerce.
The regulations issued under this section shall govern any aspect of
hazardous materials transportation safety which the Secretary deems
necessary or appropriate.
(2) Procedures
Regulations issued under paragraph (1) shall be issued in accordance
with section 553 of title 5, including an opportunity for informal oral
presentation.
(3) Applicability
Regulations issued under paragraph (1) shall be applicable to any
person who transports, ships, causes to be transported or shipped, or
who manufactures, fabricates, marks, maintains, reconditions, repairs,
or tests a package or container which is represented, marked, certified,
or sold by such person as qualified for use in the transportation in
commerce of hazardous materials.
(4) Preemption
(A) General rule
Except as provided in subsection (b) of this section and unless
otherwise authorized by Federal law, any law, regulation, order, ruling,
provision, or other requirement of a State or political subdivision
thereof or an Indian tribe, which concerns a subject listed in
subparagraph (B) and which is not substantively the same as any
provision of this Act or any regulation under such provision which
concerns such subject, is preempted.
(B) Covered subjects
The subjects referred to in subparagraph (A) are the following:
(i) The designation, description, and classification of hazardous
materials.
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials.
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous materials and requirements respecting the
number, content, and placement of such documents.
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials.
(v) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which is
represented, marked, certified, or sold as qualified for use in the
transportation of hazardous materials.
(C) Limitation on fines and penalties
If a State or political subdivision or Indian tribe assesses any fine
or penalty determined by the Secretary to be appropriate for a violation
concerning a subject listed in subparagraph (B), no additional fine or
penalty may be assessed for such violation by any other authority.
(5) State laws which are substantively the same as Federal law
(A) Continuation
If the Secretary issues under this section before, on, or after
November 16, 1990, a regulation, rule, or standard concerning any
subject set forth in paragraph (4), a State, political subdivision of a
State, or Indian tribe may only establish, maintain, and enforce a law,
regulation, rule, standard, or order concerning such subject which is
substantively the same as any provision of this Act or any regulation,
rule, or order issued under such provision.
(B) Effective date of Federal preemption
The Secretary shall determine and publish in the Federal Register the
effective date of paragraph (1) with respect to any regulation, rule, or
standard described in subparagraph (A) and which is issued after
November 16, 1990, by the Secretary; except that such effective date
may not be earlier than the 90th day following the date of such issuance
and may not be later than the last day of the 2-year period beginning on
the date of such issuance.
(b) Highway routing
(1) State authority
Subject to paragraphs (4) and (5), each State and Indian tribe may
establish, maintain, and enforce (A) specific highway routes over which
hazardous materials may and may not be transported by motor vehicles in
the area which is subject to the jurisdiction of such State or Indian
tribe, and (B) limitations and requirements with respect to highway
routing.
(2) Issuance of Federal standards
Not later than 18 months after November 16, 1990, the Secretary, in
consultation with the States, shall establish by regulation standards
for States and Indian tribes to use in establishing, maintaining, and
enforcing (A) specific highway routes over which hazardous materials may
and may not be transported by motor vehicles, and (B) limitations and
requirements with respect to highway routing.
(3) Contents of standards
The Federal standards established pursuant to paragraph (2) shall
include the following:
(A) Enhancement of public safety
A requirement that highway routing designations, limitations, and
requirements established, maintained, and enforced by a State or Indian
tribe shall enhance public safety (i) in the area subject to the
jurisdiction of the State or Indian tribe, and (ii) in areas of the
United States not subject to such jurisdiction which are directly
affected by such designations, limitations, and requirements.
(B) Public participation
Minimum procedural requirements for ensuring public participation in
the establishment by a State or Indian tribe of highway routing
designations, limitations, and requirements.
(C) Consultation with other governments
A requirement that, in establishing highway routing designations,
limitations, and requirements, the State or Indian tribe shall consult
with appropriate State, local, and tribal officials having jurisdiction
over areas of the United States not subject to the jurisdiction of the
establishing State or Indian tribe and affected industries.
(D) Through routing
A requirement that highway routing designations, limitations, and
requirements established, maintained, and enforced by a State or Indian
tribe shall assure through highway routing for the transportation of
hazardous materials between adjacent areas.
(E) Agreement of other States; burden on commerce
A requirement that a highway routing designation, limitation, or
requirement which affects the transportation of hazardous materials in
another State or Indian tribe may only be established, maintained, and
enforced by a State or Indian tribe if (i) it is agreed to by the other
State or Indian tribe within a reasonable period or has been approved by
the Secretary under paragraph (5), and (ii) does not unreasonably burden
commerce.
(F) Timeliness
A requirement that the establishment of highway routing designations,
limitations, and requirements by a State or Indian tribe shall be
completed in a timely manner.
(G) Reasonable routes to terminals
A requirement that highway routing designations, limitations, and
requirements established, maintained, and enforced by a State or Indian
tribe shall provide reasonable routes for motor vehicles transporting
hazardous materials to reach terminals, facilities for food, fuel,
repairs, and rest, and points for the loading and unloading of hazardous
materials.
(H) State responsibility for local compliance
A requirement that the State shall be responsible (i) for ensuring
that political subdivisions of the State comply with the Federal
standards in establishing, maintaining, and enforcing highway routing
designations, limitations, and requirements, and (ii) for resolving
disputes between or among such political subdivisions.
(I) Factors to consider
A requirement that, in establishing, maintaining, and enforcing
highway routing designations, limitations, and requirements, a State or
Indian tribe consider --
(i) population density,
(ii) type of highways,
(iii) type and quantities of hazardous materials,
(iv) emergency response capabilities,
(v) results of consultations with affected persons,
(vi) exposure and other risk factors,
(vii) terrain considerations,
(viii) continuity of routes,
(ix) alternative routes,
(x) effects on commerce,
(xi) delays in transportation, and
(xii) such other factors as the Secretary considers appropriate /1/
(4) Preemption
(A) General rule
Except as otherwise provided in this paragraph, after the last day of
the 2-year period beginning on the date of the issuance of the
regulations establishing the Federal standards pursuant to paragraph
(2), no State or Indian tribe may establish, maintain, or enforce --
(i) any highway route designation over which hazardous materials may
or may not be transported by motor vehicles, or
(ii) any limitation or requirement with respect to such routing,
unless such designation, limitation, or requirement is made in
accordance with the procedural requirements of the Federal standards and
complies with the substantive requirements of the Federal standards.
(B) Grandfather clause
Designations, limitations, and requirements established before the
date of issuance referred to in subparagraph (A) do not have to be in
accordance with procedural requirements of the Federal standards
established pursuant to paragraphs (3)(B), (3)(C), and (3)(F).
(C) Limitation with respect to consideration of factors
Nothing in this subsection shall be construed as requiring a State or
Indian tribe to comply with paragraph (3)(I) with respect to
designations, limitations, and requirements established before November
16, 1990.
(D) Continuation of effectiveness during dispute resolution
The Secretary may permit a highway route designation or limitation or
requirement of a State or Indian tribe to continue in effect pending the
resolution of a dispute under paragraph (5) relating to such
designation, limitation, or requirement.
(5) Dispute resolution
(A) Petition of Secretary
If a dispute over a matter relating to through highway routing or a
dispute relating to agreement with a proposed highway route designation,
limitation, or requirement arises between or among States, political
subdivisions of different States, or Indian tribes, 1 or more of such
States or Indian tribes may petition the Secretary to resolve the
dispute.
(B) Procedure
The Secretary shall, within 18 months of November 16, 1990, issue
regulations for resolving disputes under this paragraph.
(C) Time period
The Secretary shall resolve a dispute under this paragraph within 1
year after the date the Secretary receives the petition for resolution
of such dispute.
(D) Standard
Resolution of a dispute under this paragraph shall provide the
greatest level of highway safety without unreasonably burdening commerce
and shall ensure compliance with the Federal standards established
pursuant to paragraph (2).
(E) Limitation on judicial review
After a petition is filed under this paragraph to resolve a dispute,
no court action may be brought with respect to the subject matter of
such dispute until a final decision of the Secretary is issued under
this paragraph or the last day of the 1-year period beginning on the day
the Secretary receives such petition, whichever occurs first.
(F) Judicial review
Any State or Indian tribe which is adversely affected by a decision
of the Secretary under this paragraph may, at any time before the 90th
day following the date such decision becomes final, bring an action for
judicial review in an appropriate district court of the United States.
(6) Limitation on statutory construction
Nothing in this subsection and the regulations issued under this
subsection shall be construed as superseding or otherwise affecting
application of section 127 of title 23, relating to vehicle weight
limitations, or section 2311 or 2316 of this Appendix, relating to
vehicle length and vehicle width limitations, respectively.
(7) Limitation on applicability
(A) Placarded motor vehicles
Subject to subparagraph (B), this subsection only applies to a motor
vehicle if the vehicle is transporting in commerce a hazardous material
for which placarding of the vehicle is required in accordance with the
regulations issued under this chapter.
(B) Authority to extend applicability
The Secretary may, by regulation, extend application of this
subsection or any Federal standard established pursuant to paragraph (2)
--
(i) to any use of a vehicle described in subparagraph (A) to provide
transportation in commerce of any hazardous material; and
(ii) to any motor vehicle used to transport in commerce hazardous
materials.
(8) Existing regulations relating to radioactive materials
Nothing in this subsection shall be construed to require the
Secretary to amend, modify, or reissue regulations issued by the
Department of Transportation before November 16, 1990, and in effect on
November 16, 1990, with respect to highway route designations over which
radioactive materials may and may not be transported by motor vehicles
and limitations and requirements with respect to such routing.
(9) Limitation on authority of Secretary
The Secretary may not assign any specific weight to be given by the
States and Indian tribes in considering factors pursuant to paragraph
(3)(I).
(c) List of route designations
The Secretary, in coordination with the States, shall periodically
update and publish a list of currently effective hazardous materials
highway route designations.
(d) International uniformity
(1) DOT participation in international forums
Subject to guidance and direction from the Secretary of State, the
Secretary shall participate in international forums that establish or
recommend mandatory standards and requirements for the transportation of
hazardous materials in international commerce.
(2) Consultation
The Secretary may consult with interested agencies to assure that, to
the extent practicable, regulations issued by the Secretary pursuant to
this section shall be consistent with standards adopted by international
bodies applicable to the transportation of hazardous materials. Nothing
in this subsection shall require the Secretary to issue a standard
identical to a standard adopted by an international body, if the
Secretary determines the standard to be unnecessary or unsafe, nor shall
the Secretary be prohibited from establishing safety requirements that
are more stringent than those included in a standard adopted by an
international body, if the Secretary determines that such requirements
are necessary in the public interest.
(e) Unlawful representation
No person shall, by marking or otherwise, represent that --
(1) a container or package for the transportation of hazardous
materials is safe, certified, or in compliance with the requirements of
this chapter unless it meets the requirements of all applicable
regulations issued under this chapter; or
(2) a hazardous material is present in a package, container, motor
vehicle, rail freight car, aircraft, or vessel, if the hazardous
material is not present.
(f) Unlawful tampering
No person shall unlawfully alter, remove, deface, destroy, or
otherwise tamper with --
(1) any marking, label, placard, or description on a document
required by this chapter or a regulation issued under this chapter; or
(2) any package, container, motor vehicle, rail freight car,
aircraft, or vessel used for the transportation of hazardous materials.
(g) Disclosure
(1) Maintenance of shipping paper
Each person who offers for transportation in commerce a hazardous
material that is subject to the shipping paper requirements of the
Secretary shall provide the carrier who is providing such transportation
any shipping paper that makes the disclosure established by the
Secretary under paragraph (2) for the carrier to maintain on the vehicle
to be used to provide such transportation. If the person offering such
material for transportation is also a private motor carrier, such person
shall maintain such shipping paper on the vehicle.
(2) Considerations and contents
In carrying out paragraph (1), the Secretary shall consider and may
require the following:
(A) a description of the hazardous material, including the proper
shipping name of the material,
(B) the hazard class of the hazardous material,
(C) the identification number (UN/NA) of the material,
(D) immediate first action emergency response information or a means
for appropriate reference to such information which must be immediately
available, and
(E) a telephone number for the purpose of obtaining more specific
handling and mitigation information concerning the hazardous material at
any time during its transportation.
(3) Specification of location
The shipping paper referred to in paragraph (1) shall be kept in a
location, to be specified by the Secretary, in the motor vehicle, train,
vessel, aircraft, or facility until the hazardous material is no longer
in transportation or the documents have been made available to a
representative of a Federal, State, or local government agency
responding to an accident or incident involving the motor vehicle,
train, vessel, aircraft, or facility.
(4) Disclosure to emergency response authorities
Any person who transports a hazardous material in commerce shall, in
the event of an incident involving such material, immediately disclose
to appropriate emergency response authorities, upon their request,
information on the hazardous material being transported.
(Pub. L. 93-633, title I, 105, Jan. 3, 1975, 88 Stat. 2157; Pub. L.
101-615, 4-6, Nov. 16, 1990, 104 Stat. 3247-3253.)
This Act, referred to in subsec. (a)(4)(A), (5)(A), means Pub. L.
93-633, Jan. 3, 1975, 88 Stat. 2156, as amended, known as the
Transportation Safety Act of 1974, which enacted this chapter and
sections 1901 to 1907 of this Appendix, amended sections 1471, 1472,
1653, and 1655 of this Appendix, sections 39, 437, 438, 440, and 441 of
Title 45, Railroads, and section 170 of former Title 46, Shipping,
repealed sections 1654, 1761, and 1762 of this Appendix, and enacted
provisions set out as notes under sections 1801 and 1901 of this
Appendix and section 440 of Title 45. For complete classification of
this Act to the Code, see Short Title note set out under section 1801 of
this Appendix and Tables.
1990 -- Pub. L. 101-615, 4, amended section generally, substituting
provisions relating to issuance and applicability of regulations,
highway routing, preemption of State law, list of route designations and
international uniformity, for provisions relating to issuance of
regulations, requiring consultation with Interstate Commerce Commission,
and prohibiting marking of container as safe, certified, or in
compliance with Transportation Safety Act of 1974, unless container met
requirements of regulations issued under such Act.
Subsecs. (e), (f). Pub. L. 101-615, 5, added subsecs. (e) and (f).
Subsec. (g). Pub. L. 101-615, 6, added subsec. (g).
Pub. L. 101-641, 8, Nov. 28, 1990, 104 Stat. 4657, provided that:
''Within twelve months after the date of enactment of this Act (Nov.
28, 1990), the Secretary of Transportation shall conduct and complete a
thorough study of and prepare a report to Congress on the transportation
of low-level radioactive waste, specifically including --
''(1) an evaluation of the feasibility of requiring States that
transport waste to a regional disposal facility established and operated
under an interstate compact pursuant to section 4 of the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021d) to use, to the maximum
extent practicable, routes which are within the geographic borders of
the States that are parties to the compact;
''(2) factual information on the volume of low-level radioactive
waste being shipped currently and estimates of such shipments for the
calendar years 1991 through 1995;
''(3) a list of the routes proposed to be used for shipment of such
waste to the disposal facilities operated under such an interstate
compact;
''(4) a review of the process for determining and approving such
routes;
''(5) a review of the processes for resolving any disputes that may
arise, between States and between Commissions created by such interstate
compacts, regarding such routes; and
''(6) identification of the public safety risks associated with
possible accidents in transporting such waste and of the response plans
to be employed in the event of a transportation accident.''
Section 25 of Pub. L. 101-615 provided that:
''(a) Rulemaking Proceeding. --
''(1) Initiation. -- In order to develop methods of improving the
current system of identifying hazardous materials being transported in
vehicles for safeguarding the health and safety of persons responding to
emergencies involving such hazardous materials and the public and to
facilitate the review and reporting process required by subsection (d),
the Secretary of Transportation shall initiate a rulemaking proceeding
not later than 30 days after the date of the enactment of this Act (Nov.
16, 1990).
''(2) Primary purposes. -- The primary purposes of the rulemaking
proceeding initiated under this subsection are --
''(A) to determine methods of improving the current system of
placarding vehicles transporting hazardous materials; and
''(B) to determine methods for establishing and operating a central
reporting system and computerized telecommunications data center
described in subsection (b)(1).
''(3) Methods of improving placarding system. -- The methods of
improving the current system of placarding to be considered under the
rulemaking proceeding initiated under this subsection shall include
methods to make such placards more visible, methods to reduce the number
of improper and missing placards, alternative methods of marking
vehicles for the purpose of identifying the hazardous materials being
transported, methods of modifying the composition of placards in order
to ensure their resistance to flammability, methods of improving the
coding system used with respect to such placards, identification of
appropriate emergency response procedures through symbols on placards,
and whether or not telephone numbers of any continually monitored
telephone systems which are established under the Hazardous Materials
Transportation Act (49 App. U.S.C. 1801 et seq.) are displayed on
vehicles transporting hazardous materials.
''(4) Completion of rulemaking proceeding with respect to reporting
system and data center. -- Not later than 19 months after the date of
the enactment of this Act (Nov. 16, 1990), the Secretary of
Transportation shall complete the rulemaking proceeding initiated with
respect to the central reporting system and computerized
telecommunications data center described in subsection (b).
''(5) Final rule with respect to placarding. -- Not later than 30
months after the date of the enactment of this Act, the Secretary of
Transportation shall issue a final rule relating to improving the
current system for placarding vehicles transporting hazardous materials.
''(b) Central Reporting System and Computerized Telecommunications
Data Center Study. --
''(1) Arrangements with national academy of sciences. -- Not later
than 30 days after the date of the enactment of this Act (Nov. 16,
1990), the Secretary of Transportation shall undertake to enter into
appropriate arrangements with the National Academy of Sciences to
conduct a study of the feasibility and necessity of establishing and
operating a central reporting system and computerized telecommunications
data center that is capable of receiving, storing, and retrieving data
concerning all daily shipments of hazardous materials, that can identify
hazardous materials being transported by any mode of transportation, and
that can provide information to facilitate responses to accidents and
incidents involving the transportation of hazardous materials.
''(2) Consultation and report. -- In entering into any arrangements
with the National Academy of Sciences for conducting the study under
this section, the Secretary of Transportation shall request the National
Academy of Sciences --
''(A) to consult with the Department of Transportation, the
Department of Health and Human Services, the Environmental Protection
Agency, the Federal Emergency Management Agency, and the Occupational
Safety and Health Administration, shippers and carriers of hazardous
materials, manufacturers of computerized telecommunications systems,
State and local emergency preparedness organizations (including law
enforcement and firefighting organizations), and appropriate
international organizations in conducting such study; and
''(B) to submit, not later than 19 months after the date of the
enactment of this Act, to the Secretary, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committees on Energy
and Commerce and Public Works and Transportation of the House of
Representatives a report on the results of such study.
Such report shall include recommendations of the National Academy of
Sciences with respect to establishment and operation of a central
reporting system and computerized telecommunications data center
described in paragraph (1).
''(3) Authorization of appropriation. -- In addition to amounts
authorized under section 115 of the Hazardous Materials Transportation
Act (49 App. U.S.C. 1812), there is authorized to be appropriated to the
Secretary of Transportation to carry out this subsection $350,000.
''(c) Additional Purposes of Rulemaking Proceeding and Study. --
Additional purposes of the rulemaking proceeding initiated under
subsection (a) with respect to a central reporting system and
computerized telecommunications data center described in subsection (b)
and the study conducted under subsection (b) are --
''(1) to determine whether such a system and center should be
established and operated by the United States Government or by a private
entity, either on its own initiative or under contract with the United
States;
''(2) to determine, on an annualized basis, the estimated cost for
establishing, operating, and maintaining such a system and center and
for carrier and shipper compliance with such a system;
''(3) to determine methods for financing the cost of establishing,
operating, and maintaining such a system and center;
''(4) to determine projected safety benefits of establishing and
operating such a system and center;
''(5) to determine whether or not shippers, carriers, and handlers of
hazardous materials, in addition to law enforcement officials and
persons responsible for responding to emergencies involving hazardous
materials, should have access to such system for obtaining information
concerning shipments of hazardous materials and technical and other
information and advice with respect to such emergencies;
''(6) to determine methods for ensuring the security of the
information and data stored in such a system;
''(7) to determine types of hazardous materials and types of
shipments for which information and data should be stored in such a
system;
''(8) to determine the degree of liability of the operator of such a
system and center for providing incorrect, false, or misleading
information;
''(9) to determine deadlines by which shippers, carriers, and
handlers of hazardous materials should be required to submit information
to the operator of such a system and center and minimum standards
relating to the form and contents of such information;
''(10) to determine measures (including the imposition of civil and
criminal penalties) for ensuring compliance with the deadlines and
standards referred to in paragraph (9); and
''(11) to determine methods for accessing such a system through
mobile satellite service or other technologies having the capability to
provide 2-way voice, data, or facsimile services.
''(d) Review and Report to Congress. --
''(1) In general. -- Not later than 25 months after the date of the
enactment of this Act (Nov. 16, 1990), the Secretary of Transportation
shall review the report of the National Academy of Sciences submitted
under subsection (b) and the results of rulemaking proceeding initiated
under subsection (a) with respect to a central reporting system and
computerized telecommunications data center and shall prepare and submit
to Congress a report summarizing the report of the National Academy of
Sciences and the results of such rulemaking proceeding, together with
the Secretary's recommendations concerning the establishment and
operation of such a system and center and the Secretary's
recommendations concerning implementation of the recommendations
contained in the report of the National Academy of Sciences.
''(2) Weight to be given to recommendations of nas. -- In conducting
the review and preparing the report under this subsection, the Secretary
shall give substantial weight to the recommendations contained in the
report of the National Academy of Sciences submitted under subsection
(b).
''(3) Inclusion of reasons for not following recommendations. -- If
the Secretary does not include in the report prepared for submission to
Congress under this subsection a recommendation for implementation of a
recommendation contained in the report of the National Academy of
Sciences submitted under subsection (b), the Secretary shall include in
the report to Congress under this subsection the Secretary's reasons for
not recommending implementation of the recommendation of the National
Academy of Sciences.''
Section 26 of Pub. L. 101-615 provided that:
''(a) Rulemaking Proceeding. -- Not later than 90 days after the date
of the enactment of this Act (Nov. 16, 1990), the Secretary of
Transportation shall initiate a rulemaking proceeding on the
feasibility, necessity, and safety benefits of requiring carriers
involved in the hazardous materials transportation industry to establish
continually monitored telephone systems equipped to provide emergency
response information and assistance with respect to accidents and
incidents involving hazardous materials. Additional objectives of such
proceeding shall be to determine which hazardous materials, if any,
should be covered by such a requirement and which segments of such
industry (including persons who own and operate motor vehicles, trains,
vessels, aircraft, and in-transit storage facilities) should be covered
by such a requirement.
''(b) Completion of Proceeding. -- Not later than 30 months after the
date of the enactment of this Act (Nov. 16, 1990), the Secretary of
Transportation shall complete the proceeding under this section and may
issue a final rule relating to establishment of continually monitored
telephone systems described in subsection (a).''
section 1288.
/1/ So in original. Probably should be followed by a period.
49 USC 1805. Handling of hazardous materials
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Criteria
The Secretary is authorized to establish criteria for handling
hazardous materials. Such criteria may include, but need not be limited
to, a minimum number of personnel; a minimum level of training and
qualification for such personnel; type and frequency of inspection;
equipment to be used for detection, warning, and control of risks posed
by such materials; specifications regarding the use of equipment and
facilities used in the handling and transportation of such materials;
and a system of monitoring safety assurance procedures for the
transportation of such materials. The Secretary may revise such
criteria as required.
(b) Training criteria for safe handling and transportation
(1) Federal requirements
Within 18 months after November 16, 1990, the Secretary shall issue,
by regulation, requirements for training to be given by all hazmat
employers to their hazmat employees regarding the safe loading,
unloading, handling, storing, and transporting of hazardous materials
and emergency preparedness for responding to accidents or incidents
involving the transportation of hazardous materials.
(2) Different training requirements
The regulations issued under paragraph (1) may provide for different
training for different classes or categories of hazardous materials and
hazmat employees.
(3) Coordination of emergency response training regulations
In consultation with the Administrator and the Secretary of Labor,
the Secretary shall take such actions as may be necessary to ensure that
the training requirements established under this subsection do not
conflict with the requirements of the regulations issued by the
Occupational Safety and Health Administration of the Department of Labor
relating to hazardous waste operations and emergency response contained
in part 1910 of title 29 of the Code of Federal Regulations (and
amendments thereto) and the regulations issued by the Environmental
Protection Agency relating to worker protection standards for hazardous
waste operations contained in part 311 of title 40 of such Code (and
amendments thereto). For purposes of section 653(b)(1) of title 29, no
action taken by the Secretary pursuant to this section shall be deemed
to be an exercise of statutory authority to prescribe or enforce
standards or regulations affecting occupational safety or health.
(4) Commencement of training
Within 6 months after the date on which the Secretary issues
regulations under this subsection, each hazmat employer shall have
commenced training of its hazmat employees in accordance with the
requirements established by such regulations.
(5) Completion of training
Regulations issued under this subsection shall establish the date by
which training of hazmat employees shall be completed in order to comply
with requirements established by such regulations. Such date shall be
within a reasonable period of time after (A) 6 months following the date
of the issuance of such regulations, or (B) in the case of an individual
employed as a hazmat employee after such 6-month period, the date on
which the individual is to begin carrying out a duty of a hazmat
employee.
(6) Certification
After completion of training of its hazmat employees in accordance
with the requirements established under this subsection, each hazmat
employer shall certify, with such appropriate documentation as may be
required by regulation by the Secretary, that the employer's hazmat
employees have received training and have been tested on appropriate
transportation areas of responsibility, including one or more of the
following areas:
(A) Recognition and understanding of the Department of Transportation
hazardous materials classification system.
(B) Use and limitations of the Department of Transportation hazardous
materials placarding, labeling, and marking systems.
(C) General handling procedures, loading and unloading techniques,
and strategies to reduce the probability of release or damage during or
incidental to transportation of hazardous materials.
(D) Health, safety, and risk factors associated with hazardous
materials and their transportation.
(E) Appropriate emergency response and communication procedures for
dealing with accidents and incidents involving hazardous materials
transportation.
(F) Use of the Department of Transportation Emergency Response
Guidebook and recognition of its limitations or use of equivalent
documents and recognition of the limitations of such documents.
(G) Applicable hazardous materials transportation regulations.
(H) Personal protection techniques.
(I) Preparation of shipping documents for transportation of hazardous
materials.
(7) Applicability of information management requirements
Chapter 35 of title 44 (relating to coordination of Federal
information policy) shall not apply to activities of the Secretary under
this subsection.
(c) Registration
(1) Mandatory filings
Each person who carries out one or more of the following activities
shall file with the Secretary a registration statement in accordance
with the provisions of this subsection:
(A) Transporting or causing to be transported or shipped in commerce
highway-route controlled quantities of radioactive materials, more than
25 kilograms of class A or class B explosives in a motor vehicle, rail
car, or transport container, or more than 1 liter per package of a
hazardous material which has been designated by the Secretary as
extremely toxic by inhalation.
(B) Transporting or causing to be transported or shipped in commerce
a hazardous material in a bulk package, container, or tank as defined by
the Secretary if the package, container, or tank has a capacity of 3,500
or more gallons or more than 468 cubic feet.
(C) Transporting or causing to be transported or shipped in commerce
a shipment of 5,000 pounds or more of a class of a hazardous material
for which placarding of a vehicle, rail car, or freight container is
required in accordance with the regulations issued under this chapter.
(2) Cooperation of EPA
The Administrator shall assist the Secretary in carrying out this
subsection by furnishing the Secretary with such information as the
Secretary may request in order to carry out the objectives of this
section.
(3) Discretionary filings
The Secretary may require each person who carries out one or more of
the following activities to file a registration statement with the
Secretary in accordance with the provisions of this subsection:
(A) Transporting or causing to be transported or shipped in commerce
hazardous materials and who is not required to file a registration
statement under paragraph (1).
(B) Manufacturing, fabricating, marking, maintaining, reconditioning,
repairing, or testing packages or containers which are represented,
marked, certified, or sold by such person for use in the transportation
in commerce of hazardous materials designated by the Secretary.
(4) Requirement
No person required to file a registration statement by or under this
subsection may transport or cause to be transported or shipped hazardous
materials, or manufacture, fabricate, mark, maintain, recondition,
repair, or test packages or containers for use in the transportation of
hazardous materials, unless such person has on file a registration
statement in accordance with this subsection.
(5) Filing deadlines
(A) Initial filings
Each person who is required to file a registration statement by or
under this subsection shall file an initial registration statement by
March 31, 1992. The Secretary may extend such date to September 30,
1992, with respect to the requirements of paragraph (1).
(B) Renewals
Subject to the provisions of this subsection, each person who is
required to file a registration statement by or under this section shall
renew such registration statement periodically in accordance with
regulations issued by the Secretary, but no less frequently than every 5
years and no more frequently than annually.
(6) Amendments
The Secretary shall by regulation determine when and under what
circumstances a registration statement filed under this subsection with
the Secretary must be amended and the procedures to be followed in
amending such statement.
(7) Contents
A registration statement under this subsection shall be in such form
and contain such information as the Secretary may require by regulation.
The Secretary may utilize existing forms of the Department of
Transportation and the Environmental Protection Agency in carrying out
this subsection. At a minimum, such statement shall include --
(A) the registrant's name and principal place of business;
(B) a description of each activity the registrant carries out for
which filing of a registration statement is required by or under this
section; and
(C) the State or States in which such person carries out each such
activity.
(8) Limitation on number of filings
A person who carries out more than one activity for which filing of a
registration statement is required by or under this subsection only
needs to file one registration statement in order to comply with this
subsection.
(9) Streamlined process
The Secretary may take such action as may be necessary to streamline
and simplify the registration process under this subsection and to
minimize with respect to a person who is required to file a registration
statement under this subsection the number of applications, documents,
and other information which such person is required to file with the
Department of Transportation under this chapter and any other laws of
the United States.
(10) Disclosure
The Secretary shall make a registration statement filed under this
subsection available for inspection by any person, for a fee to be
established by the Secretary; except that nothing in this sentence
shall be considered to require the release of any information described
in section 552(f) of title 5 or which is otherwise protected by law from
disclosure to the public.
(11) Fees
The Secretary may establish, assess, and collect such fees from
persons required to file registration statements by or under this
subsection as may be necessary to cover the costs of the Department of
Transportation in processing such registration statements.
(12) Proof of registration and payment of fees
The Secretary may issue regulations requiring a person required to
file a registration statement by or under this subsection to maintain
proof of the filing of such statement and the payment of any fees
assessed under this subsection and section 1815(h) /1/ of this Appendix.
(13) Applicability of information management requirements
Chapter 35 of title 44 (relating to coordination of Federal
information policy) shall not apply to activities of the Secretary under
this subsection.
(14) Nonapplicability to employees
Notwithstanding any other provisions of this subsection, an employee
of a hazmat employer is not required to file a registration statement by
or under this section.
(15) Exemption of government agencies and employees
Agencies of the Federal Government, agencies of States, and agencies
of political subdivisions of States, and employees of such agencies with
respect to their official duties do not have to file registration
statements under this subsection.
(d) Motor carrier safety permits
(1) Requirement
Except as provided in this subsection, a motor carrier may transport
or cause to be transported by motor vehicle in commerce a hazardous
material only if the motor carrier holds a safety permit issued by the
Secretary under this section authorizing the transportation and keeps a
copy of such permit, or other proof establishing the existence of such
permit, in the motor vehicle used to provide such transportation.
(2) Issuance
Except as provided in this subsection, the Secretary shall issue a
safety permit to a motor carrier authorizing that carrier to transport
or cause to be transported by motor vehicle in commerce a hazardous
material if the Secretary finds that the carrier is fit, willing, and
able --
(A) to provide the transportation to be authorized by the permit;
(B) to comply with this chapter and the regulations issued by the
Secretary to carry out this chapter; and
(C) to comply with any applicable Federal motor carrier safety laws
and regulations and any applicable Federal minimum financial
responsibility laws and regulations.
(3) Shipper's responsibility
Each person who offers a hazardous material for motor vehicle
transportation in commerce may offer that material to a motor carrier
only if the carrier has a safety permit issued under this subsection
authorizing such transportation.
(4) Amendment, suspension, and revocation
A safety permit issued to a motor carrier under this subsection may,
after notice and an opportunity for hearing, be amended, suspended, or
revoked by the Secretary in accordance with procedures established under
paragraph (6) whenever the Secretary determines that such carrier has
failed to comply with a requirement of this chapter, any regulation
issued under this chapter, any applicable Federal motor carrier safety
law or regulation, or any applicable Federal minimum financial
responsibility law or regulation. If the Secretary determines that an
imminent hazard exists, the Secretary may amend, suspend, or revoke the
safety permit before scheduling a hearing thereon.
(5) Covered transportation
The Secretary shall establish by regulation the hazardous materials
and quantities thereof to which this subsection applies; except that
this section shall apply, at a minimum, to all transportation by a motor
carrier of a class A or B explosive, a liquefied natural gas, a
hazardous material which has been designated by the Secretary as
extremely toxic by inhalation, or a highway route controlled quantity of
radioactive materials as defined by the Secretary.
(6) Procedures
The Secretary shall establish by regulation --
(A) application procedures, including form, content, and fees
necessary to recover the full costs of administering this subsection;
(B) standards for determining the duration, terms, conditions, or
limitations of a safety permit;
(C) procedures for the amendment, suspension, or revocation of a
safety permit issued under this section; and
(D) any other procedures the Secretary deems appropriate to implement
this subsection.
(7) Application
A motor carrier shall file an application with the Secretary for a
safety permit to provide transportation under this subsection. The
Secretary may approve any part of the application or deny the
application. The application shall --
(A) be under oath; and
(B) contain such information as the Secretary may require by
regulation.
(8) Conditions
A motor carrier may provide transportation under a safety permit
issued under this subsection only if the carrier complies with such
conditions as the Secretary finds are required to protect public safety.
(e) Registration statement
Each person who transports or causes to be transported or shipped in
commerce hazardous materials or who manufactures, fabricates, marks,
maintains, reconditions, repairs, or tests packages or containers which
are represented, marked, certified, or sold by such person for use in
the transportation in commerce of certain hazardous materials
(designated by the Secretary) may be required by the Secretary to
prepare and submit to the Secretary a registration statement not more
often than once every 2 years. Such a registration statement shall
include, but need not be limited to, such person's name; principal
place of business; the location of each activity handling such
hazardous materials; a complete list of all such hazardous materials
handled; and an averment that such person is in compliance with all
applicable criteria established under subsection (a) of this section.
The Secretary shall by regulation prescribe the form of any such
statement and the information required to be included. The Secretary
shall make any registration statement filed pursuant to this subsection
available for inspection by any person, without charge, except that
nothing in this sentence shall be deemed to require the release of any
information described by subsection (c) of section 552 of title 5, or
which is otherwise protected by law from disclosure to the public.
(f) Filing of statement
No person required to file a registration statement under subsection
(e) of this section may transport or cause to be transported or shipped
hazardous materials, or manufacture, fabricate, mark, maintain,
recondition, repair, or test packages or containers for use in the
transportation of hazardous materials, unless he has on file a
registration statement.
(Pub. L. 93-633, title I, 106, Jan. 3, 1975, 88 Stat. 2157; Pub. L.
94-474, 2, Oct. 11, 1976, 90 Stat. 2068; Pub. L. 101-615, 7, 8(( a)),
(c), Nov. 16, 1990, 104 Stat. 3253, 3255, 3258.)
Pub. L. 101-615, 8(c), Nov. 16, 1990, 104 Stat. 3258, provided
that, effective Mar. 31, 1992, subsections (e) and (f) of this section
are repealed.
Section 1815(h) of this Appendix, referred to in subsec. (c)(12),
was in the original ''section 117(h)'', meaning section 117(h) of Pub.
L. 93-633, and was translated as reading section 117A(h) to reflect the
probable intent of Congress in light of context and because there is no
subsec. (h) in section 117.
1990 -- Subsec. (b). Pub. L. 101-615, 7(3), added subsec. (b).
Former subsec. (b) redesignated (e).
Subsecs. (c), (d). Pub. L. 101-615, 8((a)), added subsecs. (c) and
(d). Former subsec. (c) redesignated (f).
Subsec. (e). Pub. L. 101-615, 7(1), (2), redesignated subsec. (b) as
(e) and substituted ''by subsection (c)'' for ''by subsection (b)''.
Subsec. (f). Pub. L. 101-615, 7(1), redesignated subsec. (c) as (f)
and substituted ''subsection (e)'' for ''subsection (b)''.
1976 -- Subsec. (c). Pub. L. 94-474 struck out ''extremely'' after
''or shipped'' and ''transportation of''.
Section 8(b) of Pub. L. 101-615 provided that: ''Section 106(d) of
the Hazardous Materials Transportation Act (subsec. (d) of this
section), relating to motor carrier safety permits, shall take effect 2
years after the date of the enactment of this Act (Nov. 16, 1990);
except that the Secretary shall issue regulations necessary to carry out
such section not later than 1 year after such date of enactment.''
Section 8(c) of Pub. L. 101-615 provided that the amendment made by
that section is effective Mar. 31, 1992.
/1/ See References in Text note below.
49 USC 1806. Exemptions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General
The Secretary, in accordance with procedures prescribed by
regulation, is authorized to issue or renew, to any person subject to
the requirements of this chapter, an exemption from the provisions of
this chapter, and from regulations issued under section 1804 of this
Appendix, if such person transports or causes to be transported or
shipped hazardous materials in a manner so as to achieve a level of
safety (1) which is equal to or exceeds that level of safety which would
be required in the absence of such exemption, or (2) which would be
consistent with the public interest and the policy of this chapter in
the event there is no existing level of safety established. The maximum
period of an exemption issued or renewed under this section shall not
exceed 2 years, but any such exemption may be renewed upon application
to the Secretary. Each person applying for such an exemption or renewal
shall, upon application, provide a safety analysis as prescribed by the
Secretary to justify the grant of such exemption. A notice of an
application for issuance of such exemption shall be published in the
Federal Register. The Secretary shall afford access to any such safety
analysis and an opportunity for public comment on any such application,
except that nothing in this sentence shall be deemed to require the
release of any information described by subsection (b) of section 552 of
title 5, or which is otherwise protected by law from disclosure to the
public.
(b) Vessels
The Secretary shall exclude, in whole or in part, from any applicable
provisions and regulations under this chapter, any vessel which is
excepted from the application of section 201 of the Ports and Waterways
Safety Act of 1972 by paragraph (2) of such section, /1/ or any other
vessel regulated under such Act, to the extent of such regulation.
(c) Firearms and ammunition
Nothing in this chapter, or in any regulation issued under this
chapter, shall be construed to prohibit or regulate the transportation
by any individual, for personal use, of any firearm (as defined in
paragraph (4) of section 232 of title 18) or any ammunition therefor, or
to prohibit any transportation of firearms or ammunition in commerce.
(d) Limitation on authority
Except when the Secretary determines that an emergency exists,
exemptions or renewals granted pursuant to this section shall be the
only means by which a person subject to the requirements of this chapter
may be exempted from or relieved of the obligation to meet any
requirements imposed under this chapter.
(Pub. L. 93-633, title I, 107, Jan. 3, 1975, 88 Stat. 2158; Pub. L.
101-615, 9, Nov. 16, 1990, 104 Stat. 3259.)
The ''Ports and Waterways Safety Act of 1972'' and ''such Act'',
referred to in subsec. (b), mean Pub. L. 92-340, July 10, 1972, 86
Stat. 424, as amended, which is classified generally to chapter 25 (
1221 et seq.) of Title 33, Navigation and Navigable Waters. Section 201
of the Ports and Waterways Safety Act of 1972 amended, generally,
section 391a of former Title 46, Shipping. Section 391a was again
amended generally by Pub. L. 95-474 and provisions formerly contained
in paragraph (2), referred to in subsec. (b), were restated in
paragraphs (3), (4), and (5). Section 391a was subsequently repealed
and reenacted in chapter 37 ( 3701 et seq.) of Title 46, Shipping, by
Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 500. For vessels excepted, see
sections 2109 and 3702 of Title 46. For complete classification of Pub.
L. 92-340 to the Code, see Short Title note set out under section 1221
of Title 33 and Tables.
1990 -- Subsec. (a). Pub. L. 101-615 struck out ''or renewal'' after
''issuance'' in fourth sentence.
/1/ See References in Text note below.
49 USC 1807. Transportation of radioactive materials on
passenger-carrying aircraft
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General
Within 120 days after January 3, 1975, the Secretary shall issue
regulations, in accordance with this section and pursuant to section
1804 of this Appendix, with respect to the transportation of radioactive
materials on any passenger-carrying aircraft in air commerce, as defined
in section 1301(4) of this Appendix. Such regulations shall prohibit
any transportation of radioactive materials on any such aircraft unless
the radioactive materials involved are intended for use in, or incident
to, research, or medical diagnosis or treatment, so long as such
materials as prepared for and during transportation do not pose an
unreasonable hazard to health and safety. The Secretary shall further
establish effective procedures for monitoring and enforcing the
provisions of such regulations.
(b) ''Radioactive materials'' defined
As used in this section, ''radioactive materials'' means any
materials or combination of materials which spontaneously emit ionizing
radiation. The term does not include any material which the Secretary
determines is of such low order of radioactivity that when transported
does not pose a significant hazard to health or safety.
(Pub. L. 93-633, title I, 108, Jan. 3, 1975, 88 Stat. 2159; Pub. L.
101-615, 10, Nov. 16, 1990, 104 Stat. 3259.)
1990 -- Subsec. (b). Pub. L. 101-615 amended second sentence
generally. Prior to amendment, second sentence read as follows: ''The
term does not include materials in which (1) the estimated specific
activity is not greater than 0.002 microcuries per gram of material;
and (2) the radiation distributed in an essentially uniform manner.''
49 USC 1808. Powers and duties of Secretary
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General
The Secretary is authorized to the extent necessary to carry out his
responsibilities under this chapter, to conduct investigations, make
reports, issue subpoenas, conduct hearings, require the production of
relevant documents, records, and property, take depositions, and
conduct, directly or indirectly, research, development, demonstration,
and training activities. The Secretary is further authorized, after
notice and an opportunity for a hearing, to issue orders directing
compliance with this chapter or regulations issued under this chapter;
the district courts of the United States shall have jurisdiction, upon
petition by the Attorney General, to enforce such orders by appropriate
means.
(b) Records
Each person subject to requirements under this chapter shall
establish and maintain such records, make such reports, and provide such
information as the Secretary shall by order or regulation prescribe, and
shall submit such reports and shall make such records and information
available as the Secretary may request.
(c) Inspection
The Secretary may authorize any officer, employee, or agent to enter
upon, inspect, and examine, at reasonable times and in a reasonable
manner, the records and properties of persons to the extent such records
and properties relate to --
(1) the manufacture, fabrication, marking, maintenance,
reconditioning, repair, testing, or distribution of packages or
containers for use by any person in the transportation of hazardous
materials in commerce; or
(2) the transportation or shipment by any person of hazardous
materials in commerce.
Any such officer, employee, or agent shall, upon request, display
proper credentials.
(d) Facilities and duties; contract limitations
(1) The Secretary shall --
(A) establish and maintain facilities and technical staff sufficient
to provide, within the Federal government, the capability of evaluating
risks connected with the transportation of hazardous materials and
materials alleged to be hazardous;
(B) establish and maintain a central reporting system and data center
so as to be able to provide the law-enforcement and firefighting
personnel of communities, and other interested persons and government
officers, with technical and other information and advice for meeting
emergencies connected with the transportation of hazardous materials;
and
(C) conduct a continuing review of all aspects of the transportation
of hazardous materials in order to determine and to be able to take
appropriate steps to assure the safe transportation of hazardous
materials.
(2) Nothing in this subsection shall be construed to limit the
authority of the Secretary to enter into a contract with a private
entity for use of a supplemental reporting system and data center
operated and maintained by such entity.
(e) Annual report
The Secretary shall prepare and submit to the President for
transmittal to the Congress on or before June 15 of each year a
comprehensive report on the transportation of hazardous materials during
the preceding calendar year. Such report shall include, but need not be
limited to --
(1) a thorough statistical compilation of any accidents and
casualties involving the transportation of hazardous materials;
(2) a list and summary of applicable Federal regulations, criteria,
orders, and exemptions in effect;
(3) a summary of the basis for any exemptions granted or maintained;
(4) an evaluation of the effectiveness of enforcement activities and
the degree of voluntary compliance with applicable regulations;
(5) a summary of outstanding problems confronting the administration
of this chapter, in order of priority; and
(6) such recommendations for additional legislation as are deemed
necessary or appropriate.
(Pub. L. 93-633, title I, 109, Jan. 3, 1975, 88 Stat. 2159; Pub. L.
98-559, 1(a), (b)(1), Oct. 30, 1984, 98 Stat. 2907; Pub. L. 101-615,
11, Nov. 16, 1990, 104 Stat. 3259.)
1990 -- Subsec. (d)(1)(C). Pub. L. 101-615 substituted ''take'' for
''recommend''.
1984 -- Subsec. (d). Pub. L. 98-559, 1(a), designated existing
provisions as par. (1), existing pars. (1) to (3) as subpars. (A) to
(C), and added par. (2).
Subsec. (e). Pub. L. 98-559, 1(b)(1), substituted ''June 15'' for
''May 1''.
Section 1(b)(2) of Pub. L. 98-559 provided that: ''The amendment
made by paragraph (1) (amending this section) shall take effect October
1, 1984.''
49 USC 1809. Penalties
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Civil
(1) Any person who is determined by the Secretary, after notice and
an opportunity for a hearing, to have knowingly committed an act which
is a violation of a provision of this chapter, an order, or regulation
issued under this chapter, shall be liable to the United States for a
civil penalty. Whoever knowingly commits an act which is a violation of
any order or regulation, applicable to any person who transports or
causes to be transported or shipped hazardous materials, shall be
subject to a civil penalty of not more than $25,000 and not less than
$250 for each violation, and if any such violation is a continuing one,
each day of violation constitutes a separate offense. Whoever knowingly
commits an act which is a violation of any order or regulation
applicable to any person who manufactures, fabricates, marks, maintains,
reconditions, repairs, or tests a package or container which is
represented, marked, certified, or sold by such person for use in the
transportation in commerce of hazardous materials shall be subject to a
civil penalty of not more than $25,000 and not less than $250 for each
violation. The amount of any such penalty shall be assessed by the
Secretary by written notice. In determining the amount of such penalty,
the Secretary shall take into account the nature, circumstances, extent,
and gravity of the violation committed and, with respect to the person
found to have committed such violation, the degree of culpability, any
history of prior offenses, ability to pay, effect on ability to continue
to do business, and such other matters as justice may require.
(2) Such civil penalty may be recovered in an action brought by the
Attorney General on behalf of the United States in the appropriate
district court of the United States or, prior to referral to the
Attorney General, such civil penalty may be compromised by the
Secretary. The amount of such penalty, when finally determined (or
agreed upon in compromise), may be deducted from any sums owed by the
United States to the person charged. All penalties collected under this
subsection shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(3) Acting knowingly. -- For purposes of this section, a person shall
be considered to have acted knowingly if --
(A) such person has actual knowledge of the facts giving rise to the
violation, or
(B) a reasonable person acting in the circumstances and exercising
due care would have such knowledge.
(b) Criminal
A person who knowingly violates section 1804(f) of this title or
willfully violates a provision of this chapter or an order or regulation
issued under this chapter shall be fined under title 18, or imprisoned
for not more than 5 years, or both.
(Pub. L. 93-633, title I, 110, Jan. 3, 1975, 88 Stat. 2160; Pub. L.
101-615, 12, Nov. 16, 1990, 104 Stat. 3259.)
1990 -- Subsec. (a)(1). Pub. L. 101-615, 12(a)(1), struck out
''(except an employee who acts without knowledge)'' after ''Any
person'', substituted ''chapter, an order, or'' for ''chapter or of a'',
inserted ''order or'' after ''violation of any'' in two places, and
substituted ''$25,000 and note less than $250'' for ''$10,000'' in two
places.
Subsec. (a)(3). Pub. L. 101-615, 12(a)(2), added par. (3).
Subsec. (b). Pub. L. 101-615, 12(b), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''A person is guilty
of an offense if he willfully violates a provision of this chapter or a
regulation issued under this chapter. Upon conviction, such person
shall be subject, for each offense, to a fine of not more than $25,000,
imprisonment for a term not to exceed 5 years, or both.''
49 USC 1810. Specific relief
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General
The Attorney General, at the request of the Secretary, may bring an
action in an appropriate district court of the United States for
equitable relief to redress a violation by any person of a provision of
this chapter, or an order or regulation issued under this chapter. Such
district courts shall have jurisdiction to determine such actions and
may grant such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, interim equitable relief,
and punitive damages.
(b) Imminent hazard
If the Secretary has reason to believe that an imminent hazard
exists, he may petition an appropriate district court of the United
States, or upon his request the Attorney General shall so petition, for
an order suspending or restricting the transportation of the hazardous
material responsible for such imminent hazard, or for such other order
as is necessary to eliminate or ameliorate such imminent hazard.
(Pub. L. 93-633, title I, 111, Jan. 3, 1975, 88 Stat. 2161; Pub. L.
101-615, 3(b), Nov. 16, 1990, 104 Stat. 3247.)
1990 -- Subsec. (b). Pub. L. 101-615 struck out at end ''As used in
this subsection, an 'imminent hazard' exists if there is substantial
likelihood that serious harm will occur prior to the completion of an
administrative hearing or other formal proceeding initiated to abate the
risk of such harm.''
49 USC 1811. Relationship to other laws
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
Except as provided in subsection (d) of this section and unless
otherwise authorized by Federal law, any requirement of a State or
political subdivision thereof or Indian tribe is preempted if --
(1) compliance with both the State or political subdivision or Indian
tribe requirement and any requirement of this chapter or of a regulation
issued under this chapter is not possible,
(2) the State or political subdivision or Indian tribe requirement as
applied or enforced creates an obstacle to the accomplishment and
execution of this chapter or the regulations issued under this chapter,
or
(3) it is preempted under section 1804(a)(4) of this Appendix or
section 1804(b) of this Appendix.
(b) Fees
A State or political subdivision thereof or Indian tribe may not levy
any fee in connection with the transportation of hazardous materials
that is not equitable and not used for purposes related to the
transportation of hazardous materials, including enforcement and the
planning, development, and maintenance of a capability for emergency
response.
(c) Determination of preemption
(1) Administrative determination
Any person, including a State or political subdivision thereof or
Indian tribe, directly affected by any requirement of a State or
political subdivision or Indian tribe, may apply to the Secretary, in
accordance with regulations prescribed by the Secretary, for a
determination of whether that requirement is preempted by section 1804(
a)(4) or 1804(b) of this Appendix or subsection (a) of this section.
The Secretary shall publish notice of the application in the Federal
Register. Once the Secretary has published such notice, no applicant
for such determination by the Secretary may seek relief with respect to
the same or substantially the same issue in any court until the
Secretary has taken final action on the application or until 180 days
after filing of the application, whichever occurs first. The Secretary,
in consultation with States, political subdivisions, and Indian tribes,
shall issue regulations which set forth procedures for carrying out this
paragraph.
(2) Judicial determination
Nothing in subsection (a) of this section prohibits a State or
political subdivision thereof or Indian tribe, or any other person
directly affected by any requirement of a State or political subdivision
thereof or Indian tribe, from seeking a determination of preemption in
any court of competent jurisdiction in lieu of applying to the Secretary
under paragraph (1).
(d) Waiver of preemption
Any State or political subdivision or Indian tribe may apply to the
Secretary for a waiver of preemption with respect to any requirement
that the State or political subdivision or Indian tribe acknowledges to
be preempted by section 1804(a)(4) or 1804(b) of this Appendix or
subsection (a) of this section. The Secretary, in accordance with
procedures prescribed by regulation, may waive preemption with respect
to such requirement upon a determination that such requirement --
(1) affords an equal or greater level of protection to the public
than is afforded by the requirements of this chapter or regulations
issued under this chapter, and
(2) does not unreasonably burden commerce.
(e) Judicial review
A party to a proceeding under subsection (c) or (d) of this section
may seek review by the appropriate district court of the United States
of a decision of the Secretary under such proceeding only by filing a
petition with such court within 60 days after such decision becomes
final.
(f) Other Federal laws
This chapter shall not apply to pipelines which are subject to
regulation under the Natural Gas Pipeline Safety Act of 1968 (49 App.
U.S.C. 1671 et seq.), to pipelines which are subject to regulation under
the Hazardous Liquid Pipeline Safety Act of 1979 (49 App. U.S.C. 2001
et seq.), or to any matter which is subject to the Federal postal laws
or regulations under this chapter or under title 18 or title 39.
(Pub. L. 93-633, title I, 112, Jan. 3, 1975, 88 Stat. 2161; Pub. L.
96-129, title II, 216(a), Nov. 30, 1979, 93 Stat. 1015; Pub. L.
101-615, 13, Nov. 16, 1990, 104 Stat. 3259.)
The Natural Gas Pipeline Safety Act of 1968, referred to in subsec.
(f), is Pub. L. 90-481, Aug. 12, 1968, 82 Stat. 720, as amended,
which is classified generally to chapter 24 ( 1671 et seq.) of this
Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 1671 of this Appendix and Tables.
The Hazardous Liquid Pipeline Safety Act of 1979, referred to in
subsec. (f), is title II of Pub. L. 96-129, Nov. 30, 1979, 93 Stat.
1003, as amended, which is classified principally to chapter 29 ( 2001
et seq.) of this Appendix. For complete classification of this Act to
the Code, see Short Title note set out under section 2001 of this
Appendix and Tables.
1990 -- Pub. L. 101-615 amended section generally, substituting
present provisions for provisions which in subsec. (a) stated general
rule preempting any requirement of State or political subdivision which
is inconsistent with any requirement set forth in this chapter or
regulation issued under this chapter, in subsec. (b) set forth
exceptions with respect to State laws, and in subsec. (c) set forth
exceptions with respect to certain other Federal laws.
1979 -- Subsec. (c). Pub. L. 96-219 substituted ''Hazardous Liquid
Pipeline Safety Act of 1979'' for ''chapter 39 of title 18''.
Amendment by Pub. L. 96-129 effective Nov. 30, 1979, see section
217 of Pub. L. 96-129, set out as an Effective Date note under section
2001 of this Appendix.
49 USC 1812. Authorization of appropriations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
There is authorized to be appropriated for carrying out this chapter
(other than sections 1815 /1/ and 1819 of this Appendix) not to exceed
$13,000,000 for fiscal year 1991, $16,000,000 for fiscal year 1992, and
$18,000,000 for fiscal year 1993.
(b) Credits
The Secretary may credit to any appropriation to carry out this
chapter funds received from States, Indian tribes, or other public
authorities and private entities for expenses incurred by the Secretary
in providing training to such States, public authorities, and private
entities.
(Pub. L. 93-633, title I, 115, Jan. 3, 1975, 88 Stat. 2164; Pub. L.
94-56, 4, July 19, 1975, 89 Stat. 264; Pub. L. 94-474, 3, Oct. 11,
1976, 90 Stat. 2068; Pub. L. 95-403, Sept. 30, 1978, 92 Stat. 863;
Pub. L. 98-559, 2, Oct. 30, 1984, 98 Stat. 2907; Pub. L. 101-615, 14,
Nov. 16, 1990, 104 Stat. 3260.)
Section 1815 of this title, referred to in subsec. (a), was in the
original a reference to section 117, meaning section 117 of Pub. L.
93-633, and was translated as if it were a reference to section 117A to
reflect the probable intent of Congress.
1990 -- Pub. L. 101-615 amended section generally. Prior to
amendment, section read as follows: ''There is authorized to be
appropriated to carry out the provisions of this chapter not to exceed
$7,500,000 for the fiscal year ending September 30, 1985, and $8,000,000
for the fiscal year ending September 30, 1986.''
1984 -- Pub. L. 98-559 substituted provisions authorizing
appropriations for fiscal years ending Sept. 30, 1985, and 1986, for
provisions authorizing appropriations for fiscal years ending June 30,
1976, transition period through Sept. 30, 1976, and Sept. 30, 1977,
through Sept. 30, 1979.
1978 -- Pub. L. 95-403 inserted '', and not to exceed $5,000,000 for
the fiscal year ending September 30, 1979'' after ''and September 30,
1978''.
1976 -- Pub. L. 94-474 struck out ''and'' after ''June 30, 1976''
and inserted ''and not to exceed $5,000,000 per fiscal year for the
fiscal years ending September 30, 1977, and September 30, 1978.'' after
''September 30, 1976''.
1975 -- Pub. L. 94-56 substituted provisions authorizing
appropriations of not to exceed $7,000,000 for fiscal year ending June
30, 1976, and not to exceed $1,750,000 for the transition period of July
1, 1976, through Sept. 30, 1976, for provisions authorizing
appropriations not to exceed $7,000,000 for fiscal year ending June 30,
1975.
/1/ See References in Text note below.
49 USC 1813. Transportation of certain highly radioactive materials
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Railroad transportation study
The Secretary, in consultation with the Department of Energy, the
Nuclear Regulatory Commission, potentially affected States and Indian
tribes, representatives of the railroad transportation industry and
shippers of high-level radioactive waste and spent nuclear fuel, shall
undertake a study comparing the safety of using trains operated
exclusively for transporting high-level radioactive waste and spent
nuclear fuel (hereinafter in this section referred to as ''dedicated
trains'') with the safety of using other methods of rail transportation
for such purposes. The Secretary shall report the results of the study
to Congress not later than one year after November 16, 1990.
(b) Safe rail transport of certain radioactive materials
Within 24 months after November 16, 1990, taking into consideration
the findings of the study conducted pursuant to subsection (a) of this
section, the Secretary shall amend existing regulations as the Secretary
deems appropriate to provide for the safe transportation by rail of
high-level radioactive waste and spent nuclear fuel by various methods
of rail transportation, including by dedicated train.
(c) Mode and route study
The Secretary shall, within 12 months after November 16, 1990,
undertake a study to determine which factors, if any, should be taken
into consideration by shippers and carriers in order to select routes
and modes which, in combination, would enhance overall public safety
related to the transportation of high-level radioactive waste and spent
nuclear fuel. Such study shall include notice and opportunity for
public comment, and shall include assessing the degree to which various
factors, including population densities, types and conditions of modal
infrastructures (such as highways, railbeds, and waterways), quantities
of high-level radioactive waste and spent nuclear fuel, emergency
response capabilities, exposure and other risk factors, terrain
considerations, continuity of routes, available alternative routes,
environmental /1/ impact factors, affect the overall public safety of
such shipments.
(d) Inspections of vehicles transporting highway route controlled
quantity radioactive materials
(1) Requirement
Not later than one year after November 16, 1990, the Secretary shall
require by regulation that, before each use of a motor vehicle to
transport in commerce any highway route controlled quantity radioactive
material, such vehicle shall be inspected and certified to be in
compliance with this chapter and applicable Federal motor carrier safety
laws and regulations.
(2) Use of Federal and State inspectors
The Secretary may require that inspections under this subsection be
carried out by duly authorized inspectors of the United States or in
accordance with appropriate State procedures.
(3) Self-certification
The Secretary may permit a person who transports or causes to be
transported or shipped any highway route controlled quantity radioactive
material to inspect the motor vehicle to be used to provide such
transportation and to certify that the motor vehicle is in compliance
with this chapter. The inspector qualification requirements for
individuals performing inspections of motor vehicles issued by the
Secretary shall apply to individuals conducting inspections under this
paragraph.
(Pub. L. 93-633, title I, 116, as added Pub. L. 98-559, 3, Oct. 30,
1984, 98 Stat. 2907, and amended Pub. L. 101-615, 15, Nov. 16, 1990, 104
Stat. 3261.)
November 16, 1990, referred to in subsecs. (a) to (c), was in the
original ''the date of enactment of this section'', which was translated
as meaning the date of enactment of Pub. L. 101-615, which amended this
section generally, to reflect the probable intent of Congress.
This section was probably intended to contain a subsec. (e)
containing definitions. Such subsec. (e) appears at the end of section
16 of Pub. L. 101-615, set out below.
1990 -- Pub. L. 101-615 amended section generally. Prior to
amendment, section consisted of subsecs. (a) and (b) relating to
evaluation of training programs by Federal, State, and local agencies
and private organizations for incident prevention and response and
reports to Congress on results of evaluations.
Section 16 of Pub. L. 101-615 provided that:
''(a) In General. -- The Secretary of Transportation, in fiscal year
1991, shall employ and maintain thereafter an additional 30 hazardous
materials safety inspectors above the number of safety inspectors
authorized for fiscal year 1990, in the aggregate, for the Federal
Railroad Administration, the Federal Highway Administration, and the
Research and Special Programs Administration. The Secretary shall take
such action as may be necessary to assure that the activities of 10 such
additional inspectors focus on promoting safety in the transportation of
radioactive materials, as defined by the Secretary. Such activities
shall include --
''(1) the inspection at the point of origin of shipments of
high-level radioactive waste or nuclear spent fuel, as those terms are
defined in section 116 of the Hazardous Materials Transportation Act (49
App. U.S.C. 1813, see Codification note above), as added by section 15
of this Act; and
''(2) the inspection, to the maximum extent practicable, of shipments
of radioactive materials that are not high-level radioactive waste or
nuclear spent fuel.
''(b) Cooperation. -- In carrying out their duties, the 10 additional
inspectors authorized by this section to focus on promoting safety in
the transportation of radioactive materials shall, to the maximum extent
possible, cooperate with safety inspectors of the Nuclear Regulatory
Commission and appropriate State and local government officials.
''(c) Allocation of Inspectors of Radioactive Materials. -- Of the 10
additional inspectors authorized by subsection (a) to focus on promoting
safety in the transportation of radioactive materials --
''(1) not less than 1 shall be allocated to the Research and Special
Programs Administration;
''(2) not less than 3 shall be allocated to the Federal Railroad
Administration;
''(3) not less than 3 shall be allocated to the Federal Highway
Administration; and
''(4) the remainder shall be allocated, at the discretion of the
Secretary, among the agencies referred to in paragraphs (1), (2), and
(3).
''(d) Allocation of Other Safety Inspectors. -- The 20 additional
inspectors authorized by subsection (a) not referred to in subsection
(c) shall be allocated, at the discretion of the Secretary, among the
agencies referred to in paragraphs (1), (2), and (3).
''(e) Definitions. -- As used in this section --
''(1) High-level radioactive waste. -- The term 'high-level
radioactive waste' has the meaning given such term in section 2(12) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)).
''(2) Spent nuclear fuel. -- The term 'spent nuclear fuel' has the
meaning given such term in section 2(23) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(23)).''
/1/ So in original. Probably should be preceded by ''and''.
49 USC 1814. Unsatisfactory safety ratings
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibition on transportation
Effective January 1, 1991, if a motor carrier receives a safety
rating from the Secretary which is unsatisfactory, such motor carrier
shall have 45 days to take such action as may be necessary to improve
such safety rating to conditional or satisfactory. After the last day
of such 45-day period, if such motor carrier has not received a safety
rating from the Secretary which is conditional or satisfactory, such
motor carrier shall not operate a commercial motor vehicle (as defined
in section 2503(1) of this Appendix) --
(1) to provide transportation of hazardous materials for which
placarding of motor vehicles is required in accordance with the
regulations issued under this chapter, or
(2) to transport more than 15 passengers, including the driver,
until such motor carrier has received such a safety rating from the
Secretary.
(b) Review of rating
If a motor carrier who has received an unsatisfactory safety rating
from the Secretary requests the Secretary to review the conditions and
other factors which resulted in such motor carrier receiving the
unsatisfactory safety rating, the Secretary shall conduct such review
within 30 days after the date of such request.
(c) Prohibition on Federal agency use
No Federal agency may use a motor carrier who has an unsatisfactory
safety rating from the Secretary --
(1) to provide transportation of hazardous materials for which
placarding of motor vehicles is required in accordance with the
regulations issued under this chapter, or
(2) to transport more than 15 passengers, including the driver.
(Pub. L. 93-633, title I, 117, as added Pub. L. 101-500, 15(b)(1),
Nov. 3, 1990, 104 Stat. 1218.)
49 USC 1815. Public sector training and planning
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Planning grant program
(1) In general
The Secretary shall make grants to States --
(A) for developing, improving, and implementing emergency plans under
the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.), including determination of flow patterns of
hazardous materials within a State and between a State and another
State; and
(B) for determining the need for regional hazardous materials
emergency response teams.
(2) Maintenance of effort
The Secretary may not make a grant to a State under this subsection
in a fiscal year unless such State certifies that the aggregate
expenditure of funds of the State, exclusive of Federal funds, for
developing, improving, and implementing emergency plans under the
Emergency Planning and Community Right-To-Know Act of 1986 will be
maintained at a level which does not fall below the average level of
such expenditure for its last 2 fiscal years.
(3) Funding of planning by local emergency planning committees
The Secretary may not make a grant to a State under this subsection
in a fiscal year unless such State agrees to make available not less
than 75 percent of the funds granted to the State under this subsection
in the fiscal year to local emergency planning committees established
pursuant to section 301(c) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001(c)) by the State emergency
response commission. Such funds shall be made available to the local
committees for developing emergency plans under such Act.
(b) Training grant program
(1) In general
The Secretary shall make grants to States and Indian tribes for
training public sector employees to respond to accidents and incidents
involving hazardous materials.
(2) Maintenance of effort
The Secretary may not make a grant to a State or Indian tribe under
this subsection in a fiscal year unless the State or Indian tribe
certifies that the aggregate expenditure of funds of the State or Indian
tribe, exclusive of Federal funds, for training public sector employees
to respond to accidents and incidents involving hazardous materials will
be maintained at a level which does not fall below the average level of
such expenditure for its last 2 fiscal years.
(3) Funding of training by political subdivisions
The Secretary may not make a grant to a State under this subsection
in a fiscal year unless such State agrees to make available at least 75
percent of the funds granted to the State under this subsection in the
fiscal year for the purposes of training public sector employees
employed or used by the political subdivisions.
(4) Use of training courses
The Secretary may only make a grant to a State or Indian tribe under
this subsection in a fiscal year if the State or Indian tribe enters
into an agreement with the Secretary to use in such fiscal year --
(A) a course or courses developed or identified under subsection (g)
of this section; or
(B) other courses which the Secretary determines are consistent with
the objectives of this section;
for training public sector employees to respond to accidents and
incidents involving hazardous materials.
(5) Use of training funds
Funds granted to a State or Indian tribe for training public sector
employees under this subsection may be used to pay tuition costs of such
employees for such training, travel expenses of such employees to and
from the training facility, room and board of such employees while they
are at the training facility, and travel expenses of persons who are to
provide such training.
(6) Training by others
Funds granted to a State or Indian tribe for training public sector
employees under this subsection --
(A) may be used by the State or a political subdivision thereof or
the Indian tribe to provide such training; or
(B) may be used to enter into an agreement, approved by the
Secretary, to authorize a person (including a department, agency, or
instrumentality of a State or political subdivision thereof or an Indian
tribe) to provide such training --
(i) if the agreement allows the Secretary and the State or Indian
tribe to conduct random examinations, inspections, and audits of such
training without prior notification; and
(ii) if the State or Indian tribe conducts at least annually 1
on-site observation of such training.
(7) Allocation of training funds
The Secretary shall allocate funds made available for grants under
this subsection for a fiscal year among States and Indian tribes which
are eligible to receive such grants in such fiscal year based upon the
needs of such States and Indian tribes for emergency response training.
In determining such needs, the Secretary shall consider the number of
hazardous materials facilities in the State or on lands under the
jurisdiction of the Indian tribe, the types and amounts of hazardous
materials transported in the State or on such lands, whether or not the
State or Indian tribe assesses and collects fees on the transportation
of hazardous materials, whether or not such fees are used solely to
carry out purposes related to the transportation of hazardous materials,
and such other factors as the Secretary determines are appropriate to
carry out the objectives of this subsection.
(c) Adoption of Federal standards and compliance with emergency
planning requirements
The Secretary may only make a grant to a State under this section in
a fiscal year if the State certifies that the State is complying with
sections 301 and 303 of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003), including compliance
with such sections with respect to accidents and incidents involving the
transportation of hazardous materials.
(d) Federal share
By a grant under this section, the Secretary shall reimburse any
State or Indian tribe an amount not to exceed 80 percent of the cost
incurred by the State or Indian tribe in the fiscal year for carrying
out the activities for which the grant is made. The funds of the State
or Indian tribe which are required to be expended under subsections
(a)(2) and (b)(2) of this section shall not be considered to be part of
the non-Federal share.
(e) Applications
A State or Indian tribe interested in receiving a grant under this
section shall submit an application to the Secretary for such grant.
Such applications shall be submitted at such times and contain such
information as the Secretary may require by regulation to carry out the
objectives of this subsection.
(f) Delegation of authority
For the purpose of minimizing administrative costs and for
coordinating Federal grant programs for emergency response training and
planning, the Secretary may delegate to the Director, Chairman of the
Nuclear Regulatory Commission, Administrator, Secretary of Labor,
Secretary of Energy, and Director of the National Institute of
Environmental Health Sciences of the Department of Health and Human
Services one or more of the following functions:
(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 for the purpose of making
recommendation on approval or disapproval of such applications.
(4) Any other ministerial function associated with the grant programs
under this section.
(g) Training curriculum
(1) Curriculum committee
Not later than 24 months after November 16, 1990, the Secretary, in
coordination with the Director, Chairman of the Nuclear Regulatory
Commission, Administrator, Secretary of Labor, Secretary of Energy,
Secretary of 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 materials, the Federal Radiological Preparedness
Coordinating Committee, shall develop and update periodically a
curriculum which consists of a list of courses necessary to train public
sector emergency response and preparedness teams.
(2) Mandatory curriculum recommendations
The curriculum to be developed under this subsection shall include --
(A) a recommended course of study --
(i) for training public sector employees to respond to accidents and
incidents involving the transportation of hazardous materials,
(ii) for planning such responses;
(B) recommended basic courses and minimum numbers of hours of
instruction necessary for public sector employees to be able --
(i) to respond safely and efficiently to accidents and incidents
involving the transportation of hazardous materials, and
(ii) to plan for such responses; and
(C) appropriate emergency response training and planning programs for
public sector employees developed under other Federal grant programs,
including those developed with grants made under section 9660a /1/ of
title 42.
(3) Optional curriculum recommendations
The curriculum to be developed under this subsection may include
recommendations concerning materials appropriate for use in the
recommended courses described in paragraph (2)(B).
(4) Compliance with OSHA and EPA regulations and NFPA standards
The recommended courses described in paragraph (2)(B) shall provide
such training to public sector employees as may be necessary to comply
--
(A) with the regulations issued by the Occupational Safety and Health
Administration of the Department of Labor relating to hazardous waste
operations and emergency response contained in part 1910 of title 29 of
the Code of Federal Regulations, and any amendments thereto;
(B) with the regulations issued by the Environmental Protection
Agency relating to worker protection standards for hazardous waste
operations contained in part 311 of title 40 of the Code of Federal
Regulations, and any amendments thereto; and
(C) with standards issued by the National Fire Protection
Association, relating to emergency response training, including
standards 471 and 472.
(5) Consultation requirement
In developing the curriculum under this subsection, the Secretary
shall consult the regional response teams established pursuant to the
National Contingency Plan established under section 9605 of title 42,
representatives of commissions established pursuant to section 301 of
the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.
C. 11001), persons (including governmental entities) who provide
training for responding to accidents and incidents involving the
transportation of hazardous materials, and representatives of persons
who respond to such accidents and incidents.
(6) Dissemination
The Director, in conjunction with the National Response Team, shall
disseminate the curriculum developed under this section and any
amendments thereto to the regional response teams established pursuant
to the National Contingency Plan established under section 9605 of title
42 and to all committees and commissions established pursuant to section
301 of the Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. 11001).
(7) Monitoring and technical assistance
(A) Monitoring
The Director, in coordination with the Secretary, Administrator,
Secretary of Energy, and Director of the National Institute of
Environmental Health Sciences, shall monitor public sector emergency
response training and planning for accidents and incidents involving
hazardous materials.
(B) Technical assistance
Taking into account the results of monitoring under subparagraph (A),
the Secretary, Director, Administrator, Secretary of Energy, and
Director of the National Institute of Environmental Health Sciences
shall each provide technical assistance to States and political
subdivisions thereof and Indian tribes for carrying out emergency
response training and planning for accidents and incidents involving
hazardous materials and shall coordinate the provision of such technical
assistance using the existing coordinating mechanisms of the national
response team and, for radioactive materials, the Federal Radiological
Preparedness Coordinating Committee.
(8) Publication of list of training programs
The Secretary, in conjunction with the national response team, may
publish a list of programs for training public sector employees to
respond to accidents and incidents involving the transportation of
hazardous materials which utilize one or more of the courses developed
under this subsection.
(9) Minimization of duplication of effort
The Secretary, Director, Chairman of the Nuclear Regulatory
Commission, Administrator, Secretary of Labor, Secretary of Energy, and
the Director of the National Institute of Environmental Health Sciences,
in conjunction with the heads of other Federal departments, agencies,
and instrumentalities, shall review periodically all emergency response
and preparedness training programs of the Federal department, agency, or
instrumentality which such person heads for the purpose of minimizing
duplication of effort and expense of such departments, agencies, and
instrumentalities in carrying out such training programs and shall take
such actions, including coordination of training programs, as may be
necessary to minimize such duplication of effort and expense.
(h) Fees for training and planning
(1) Establishment and collection
Not later than September 30, 1992, the Secretary shall establish and
assess by regulation and collect an annual fee from each person who is
required by or under section 1805 of this Appendix to file a
registration statement.
(2) Factors for determining amount of fees
Subject to paragraph (3), the amount of annual fees to be collected
under this subsection shall be determined by the Secretary based on 1 or
more of the following factors:
(A) The gross revenues from transportation of hazardous materials.
(B) The types of hazardous materials transported or caused to be
transported.
(C) The quantities of hazardous material transported or caused to be
transported.
(D) The number of shipments of hazardous materials.
(E) The number of activities which the person carries out and for
which filing of a registration statement is required by or under section
1805 of this Appendix.
(F) The threat to property, persons, and the environment from an
accident or incident involving the hazardous materials transported or
caused to be transported.
(G) The percentage of gross revenues which are derived from the
transportation of hazardous materials.
(H) The amount of funds which are to be made available to carry out
this section and section 1816 of this Appendix.
(I) Such other factors as the Secretary considers appropriate.
(3) Limitations on fee amounts
(A) Maximum and minimum amount
Subject to subparagraph (B), the amount of a fee which may be
collected from a person under this section in a year may not be less
than $250 and may not exceed $5,000.
(B) Adjustments
The Secretary shall adjust the amount of fees being collected from
persons under this section to reflect any unspent balances in the
account established under paragraph (6); except that nothing in this
subsection shall be construed as requiring the Secretary to refund any
fees collected under this subsection.
(4) Treatment of fees
Fees collected under this subsection shall be in addition to any fees
which the Secretary may collect under section 1805 of this Appendix.
(5) Transfer to Secretary of the Treasury
The Secretary shall transfer to the Secretary of the Treasury amounts
collected under this subsection for deposit in the account established
under paragraph (6).
(6) Use of amounts
(A) Establishment of account
The Secretary of the Treasury shall establish in the Treasury an
account into which the Secretary of the Treasury shall deposit amounts
transferred by the Secretary of Transportation under paragraph (5).
(B) Purposes
Amounts in the account established under subparagraph (A) shall be
available, without further appropriation --
(i) for making grants under this section and section 1816 of this
Appendix,
(ii) for monitoring and providing technical assistance under
subsection (g)(7) of this section, and
(iii) for paying the administrative costs of carrying out this
section and section 1816 of this Appendix, but not to exceed 10 percent
of the amounts made available from the account in any fiscal year.
(i) Funding
(1) Planning grants
There shall be available to the Secretary for carrying out subsection
(a) of this section, from amounts in the account established pursuant to
subsection (h) of this section, $5,000,000 per fiscal year for each of
fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
(2) Training grants
There shall be available to the Secretary for carrying out subsection
(b) of this section, from amounts in the account established pursuant to
subsection (h) of this section, $7,800,000 per fiscal year for each of
fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
(3) Curriculum
(A) From general revenues
There is authorized to be appropriated to the Secretary to carry out
subsection (g) of this section (other than paragraph (7)) $1,000,000 per
fiscal year for each of fiscal years 1991 and 1992.
(B) From fee account
There shall be available to the Secretary to carry out subsection (g)
of this section (other than paragraph (7)), from amounts in the account
established pursuant to subsection (h) of this section, $1,000,000 per
fiscal year for each of fiscal years 1993, 1994, 1995, 1996, 1997, and
1998.
(C) Transfers
The Secretary may transfer from amounts made available under this
paragraph such amounts as may be necessary to the Director to carry out
subsection (g)(6) of this section, relating to dissemination of the
curriculum.
(4) Monitoring and technical assistance
There shall be available for carrying out subsection (g)(7) of this
section, from amounts in the account established pursuant to subsection
(h) of this section --
(A) to each of the Secretary, Director, Administrator, and Secretary
of Energy $750,000; and
(B) to the Director of the National Institute of Environmental Health
Sciences $200,000;
per fiscal year for each of fiscal years 1993, 1994, 1995, 1996,
1997, and 1998.
(5) Availability
Funds made available pursuant to this subsection shall remain
available until expended.
(Pub. L. 93-633, title I, 117A, as added Pub. L. 101-615, 17, Nov.
16, 1990, 104 Stat. 3263.)
The Emergency Planning and Community Right-To-Know Act of 1986,
referred to in subsec. (a), is title III of Pub. L. 99-499, Oct. 17,
1986, 100 Stat. 1729, which is classified generally to chapter 116 (
11001 et seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 11001 of Title 42 and Tables.
Section 9660a of title 42, referred to in subsec. (g)(2)(C), was in
the original ''section 126 of the Superfund Amendments and
Reauthorization Act of 1986'', meaning section 126 of Pub. L. 99-499,
title I, Oct. 17, 1986, 100 Stat. 1690. Subsecs. (a) to (f) of section
126 are set out as a note under section 655 of Title 29, Labor. Subsec.
(g) of section 126, which relates to grants for training and education
of workers who are or may be engaged in activities related to hazardous
waste removal, etc., is classified to section 9660a of Title 42, The
Public Health and Welfare.
/1/ See References in Text note below.
49 USC 1816. Hazmat employee training grant program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Grant purposes
Grants for training and education of hazmat employees regarding the
safe loading, unloading, handling, storage, and transportation of
hazardous materials and emergency preparedness for responding to
accidents or incidents involving the transportation of hazardous
materials in order to meet the requirements issued under section 1805(
b) of this Appendix may be made under this section.
(b) Administration
Grants under this section shall be administered by the National
Institute of Environmental Health Sciences in consultation with the
Secretary, the Administrator, and the Secretary of Labor.
(c) Grant recipients
Grants under this section shall be awarded to nonprofit organizations
which demonstrate expertise in implementing and operating training and
education programs for hazmat employees and demonstrate the ability to
reach and involve in training programs target populations of hazmat
employees.
(d) Funding
There shall be available to the Director of the National Institute of
Environmental Health Sciences to carry out this section, from amounts in
the account established pursuant to section 1815(h) /1/ of this
Appendix, $250,000 per fiscal year for each of fiscal years 1993, 1994,
1995, 1996, 1997, and 1998.
(Pub. L. 93-633, title I, 118, as added Pub. L. 101-615, 18, Nov.
16, 1990, 104 Stat. 3269.)
Section 1815(h) of this Appendix, referred to in subsec. (d), was in
the original ''section 117(h)'', meaning section 117(h) of Pub. L.
93-633, and was translated as reading section 117A(h) to reflect the
probable intent of Congress in light of context and because there is no
subsec. (h) in section 117.
/1/ See References in Text note below.
49 USC 1817. Railroad tank cars
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibitions for certain materials
No railroad tank car constructed before January 1, 1971, may be used
for the transportation in commerce of any class A or B explosives, any
hazardous material which has been designated by the Secretary as toxic
by inhalation, or any other hazardous material the Secretary determines
should be subject to such requirement, unless the air brake equipment
support attachments of such tank car at a minimum comply with the
standards for attachments set forth in part 179.100-16 and part
179.200-19 of title 49, Code of Federal Regulations, as in effect on
November 16, 1990.
(b) Applicability to other materials
No railroad tank car constructed before January 1, 1971, may be used
for the transportation in commerce of any hazardous material after July
1, 1991, unless the air brake equipment support attachments of such tank
car comply with the standards for attachments set forth in part
179.100-16 and part 179.200-19 of title 49, Code of Federal Regulations,
as in effect on November 16, 1990.
(Pub. L. 93-633, title I, 119, as added Pub. L. 101-615, 19, Nov.
16, 1990, 104 Stat. 3269.)
Section 21 of Pub. L. 101-615 provided that:
''(a) Study. -- The Secretary of Transportation shall enter into a
contract with an appropriate disinterested expert body for a study of --
''(1) the railroad tank car design process, including specifications
development, design approval, repair process approval, repair
accountability, and the process by which designs and repairs are
presented, weighted, and evaluated, and
''(2) railroad tank car design criteria, including whether
headshields should be installed on all tank cars which carry hazardous
materials.
In carrying out the study described in paragraph (1), such expert
body shall also make recommendations as to whether public safety
considerations require greater control by and input from the Secretary
with respect to the railroad tank car design process, especially in the
early stages, and such other recommendations as such expert body
considers appropriate.
''(b) Report. -- The Secretary of Transportation shall report the
results of such study and such recommendations to the Congress within 1
year after the date of enactment of this Act (Nov. 16, 1990).''
49 USC 1818. Application of Federal, State, and local law to Federal
contractors
TITLE 49, APPENDIX -- TRANSPORTATION
Any person who, under contract with any department, agency, or
instrumentality of the executive, legislative, or judicial branch of the
Federal government, transports, or causes to be transported or shipped,
a hazardous material or manufacturers, /1/ fabricates, marks, maintains,
reconditions, repairs, or tests a package or container which is
represented, marked, certified, or sold by such person as qualified for
use in the transportation of hazardous materials shall be subject to and
comply with all provisions of this chapter, all orders and regulations
issued under this chapter, and all other substantive and procedural
requirements of Federal, State, and local governments and Indian tribes
(except any such requirements that have been preempted by this chapter
or any other Federal law), in the same manner and to the same extent as
any person engaged in such activities that are in or affect commerce is
subject to such provisions, orders, regulations, and requirements.
(Pub. L. 93-633, title I, 120, as added Pub. L. 101-615, 20, Nov.
16, 1990, 104 Stat. 3270.)
/1/ So in original. Probably should be ''manufactures,''.
49 USC 1819. Uniformity of State motor carrier registration and
permitting forms and procedures
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Working group
As soon as practicable after November 16, 1990, the Secretary shall
establish a working group comprised 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, for the purpose of --
(1) establishing uniform forms and procedures for States that
register persons who transport, cause to be transported, or ship a
hazardous material, by motor vehicle; and
(2) determining whether or not to limit the filing of any State
registration forms and collection of fees therefor to the State in which
a person resides or has its principal place of business.
(b) Consultation requirement
The working group established under this section shall consult with
persons who are subject to the registration requirements described in
subsection (a) of this section in establishing uniform forms and
procedures and making the determination described in subsection (a) of
this section.
(c) Report
The working group established under this section shall transmit a
final report to the Secretary and to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives not later than 36 months
after November 16, 1990. The final report shall contain a detailed
statement of the findings and conclusions of the working group, together
with its joint recommendations concerning the matters referred to in
subsection (a) of this section.
(d) Regulations
(1) General rule
Subject to the provisions of this subsection, the Secretary shall
issue regulations implementing those recommendations contained in the
report transmitted to the Secretary under subsection (c) of this section
with which the Secretary agrees.
(2) Deadline
Regulations required to be issued by this subsection shall be issued
by the later of the following dates:
(A) The last day of the 3-year period beginning on the date the
organizations referred to in subsection (a) of this section transmit
their final joint report to the Secretary.
(B) The last day of the 90-day period beginning on the date on which
26 or more States adopt all of such recommendations.
(3) No limit of amount of fees
Regulations issued under this section shall not define or limit the
amounts of any fees which may be imposed or collected by any State.
(e) Uniformity
A regulation issued pursuant to this section shall take effect 1 year
after the date of its issuance; except that the Secretary may extend
such 1-year period for an additional 1-year period for good cause.
After the effective date of such regulation, no State shall establish,
maintain, or enforce any requirement which relates to the subject matter
of such regulation unless such requirement is the same as such
regulation.
(f) Implementation efficiency
The Secretary, in consultation with the working group established
under this section, shall develop a procedure to eliminate any
differences in State implementation of regulations issued pursuant to
this section.
(g) Applicability of Advisory Committee Act
The working group established under this section shall not be subject
to the Federal Advisory Committee Act.
(h) Authorization of appropriation
There is authorized to be appropriated for carrying out this section
$400,000 per fiscal year for each of fiscal years 1991, 1992, and 1993.
Such sums shall remain available until expended.
(Pub. L. 93-633, title I, 121, as added Pub. L. 101-615, 22, Nov.
16, 1990, 104 Stat. 3271.)
The Federal Advisory Committee Act, referred to in subsec. (g), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
49 USC CHAPTER 28 -- NATIONAL TRANSPORTATION SAFETY BOARD
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
1901. Congressional findings.
1902. National Transportation Safety Board.
(a) Establishment.
(b) Organization.
(c) General.
1903. General provisions.
(a) Duties of Board.
(b) Powers of Board.
(c) Use of reports as evidence.
(d) Judicial review.
1904. Annual report.
1905. Public access to information.
(a) General.
(b) Exception.
(c) Public disclosure of cockpit voice recorder recordings and
transcriptions.
(d) Use of cockpit voice recorder recordings and transcriptions in
judicial proceedings.
1906. Response to Board recommendations.
(a) Secretary's duty to respond; contents of response; publication;
public availability of copies.
(b) Annual report to Congress.
1907. Authorization of appropriations.
49 USC 1901. Congressional findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds and declares:
(1) The National Transportation Safety Board was established by
statute in 1966 (Public Law 89-670; 80 Stat. 935) as an independent
Government agency, located within the Department of Transportation, to
promote transportation safety by conducting independent accident
investigations and by formulating safety improvement recommendations.
(2) Proper conduct of the responsibilities assigned to this Board
requires vigorous investigation of accidents involving transportation
modes regulated by other agencies of Government; demands continual
review, appraisal, and assessment of the operating practices and
regulations of all such agencies; and calls for the making of
conclusions and recommendations that may be critical of or adverse to
any such agency or its officials. No Federal agency can properly
perform such functions unless it is totally separate and independent
from any other department, bureau, commission, or agency of the United
States.
(Pub. L. 93-633, title III, 302, Jan. 3, 1975, 88 Stat. 2166.)
Public Law 89-670; 80 Stat. 935, referred to in par. (1), is Pub.
L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, known as the
Department of Transportation Act, which was classified principally to
chapter 23 ( 1651 et seq.) of this Appendix. The Act was substantially
repealed and the provisions thereof reenacted in subtitle I ( 101 et
seq.) of Title 49, Transportation, by Pub. L. 97-449, Jan. 12, 1983,
96 Stat. 2413. For complete classification of this Act to the Code, see
Short Title note set out under section 1651 of this Appendix and Tables.
For disposition of section in revised Title 49, see Table at the
beginning of Title 49.
Pub. L. 101-641, 1, Nov. 28, 1990, 104 Stat. 4654, provided that:
''This Act (enacting section 1657-1 of this Appendix, amending sections
1903, 1905, and 1907 of this Appendix, section 1988 of Title 15,
Commerce and Trade, and section 562 of Title 45, Railroads, and enacting
provisions set out as notes under section 1804 of this Appendix, section
1988 of Title 15, and section 562 of Title 45) may be cited as the
'Independent Safety Board Act Amendments of 1990'.''
Pub. L. 100-372, 1, July 19, 1988, 102 Stat. 876, provided that:
''This Act (amending sections 1903, 1906, and 1907 of this Appendix) may
be cited as the 'Independent Safety Board Act Amendments of 1988'.''
Pub. L. 97-74, 1, Nov. 3, 1981, 95 Stat. 1065, provided: ''That
this Act (amending sections 1903, 1906, and 1907 of this Appendix) may
be cited as the 'Independent Safety Board Act Amendments of 1981'.''
Pub. L. 95-363, 1, Sept. 11, 1978, 92 Stat. 597, provided: ''That
this Act (amending section 1907 of this Appendix) may be cited as the
'Independent Safety Board Act Amendment of 1978'.''
Section 301 of title III of Pub. L. 93-633 provided that: ''This
title (enacting this chapter, amending section 1653 of this Appendix,
and repealing section 1654 of this Appendix) may be cited as the
'Independent Safety Board Act of 1974'.''
49 USC 1902. National Transportation Safety Board
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment
The National Transportation Safety Board (hereafter in this chapter
referred to as the ''Board''), previously established within the
Department of Transportation, shall be an independent agency of the
United States, in accordance with this section, on and after April 1,
1975.
(b) Organization
(1) The Board shall consist of five members, including a Chairman.
Members of the Board shall be appointed by the President, by and with
the advice and consent of the Senate. No more than three members of the
Board shall be of the same political party. At any given time, no less
than three members of the Board shall be individuals who have been
appointed on the basis of technical qualification, professional
standing, and demonstrated knowledge in the fields of accident
reconstruction, safety engineering, human factors, transportation
safety, or transportation regulation.
(2) The terms of office of members of the Board shall be 5 years,
except as otherwise provided in this paragraph. Any individual
appointed to fill a vacancy occurring on the Board prior to the
expiration of the term of office for which his predecessor was appointed
shall be appointed for the remainder of that term. Upon the expiration
of his term of office, a member shall continue to serve until his
successor is appointed and shall have qualified. Individuals serving as
members of the National Transportation Safety Board on January 3, 1975,
shall continue to serve as members of the Board until the expiration of
their then current term of office. Any member of the Board may be
removed by the President for inefficiency, neglect of duty, or
malfeasance in office.
(3) On or before January 1, 1976 (and thereafter as required), the
President shall --
(A) designate, by and with the advice and consent of the Senate, an
individual to serve as the Chairman of the Board (hereafter in this
chapter referred to as the ''Chairman''); and
(B) an individual to serve as Vice Chairman.
The Chairman and Vice Chairman each shall serve for a term of 2
years. The Chairman shall be the chief executive officer of the Board
and shall exercise the executive and administrative functions of the
Board with respect to the appointment and supervision of personnel
employed by the Board; the distribution of business among such
personnel and among any administrative units of the Board; and the use
and expenditure of funds. The Vice Chairman shall act as Chairman in
the event of the absence or incapacity of the Chairman or in case of a
vacancy in the office of Chairman. The Chairman or Acting Chairman
shall be governed by the general policies established by the Board,
including any decisions, findings, determinations, rules, regulations,
and formal resolutions.
(4) Three members of the Board shall constitute a quorum for the
transaction of any function of the Board.
(5) The Board shall establish and maintain distinct and appropriately
staffed bureaus, divisions, or offices to investigate and report on
accidents involving each of the following modes of transportation: (A)
aviation; (B) highway and motor vehicle; (C) railroad and tracked
vehicle; and (D) pipeline. The Board shall, in addition, establish and
maintain any other such office as is needed, including an office to
investigate and report on the safe transportation of hazardous
materials.
(c) General
(1) The General Services Administration shall furnish the Board with
such offices, equipment, supplies, and services as it is authorized to
furnish to any other agency or instrumentality of the United States.
(2) The Board shall have a seal which shall be judicially recognized.
(3) Subject to the civil service and classification laws, the Board
is authorized to select, appoint, employ, and fix the compensation of
such officers and employees, including investigators, attorneys, and
administrative law judges, as shall be necessary to carry out its powers
and duties under this chapter.
(Pub. L. 93-633, title III, 303, Jan. 3, 1975, 88 Stat. 2167; Pub.
L. 97-309, 1, Oct. 14, 1982, 96 Stat. 1453.)
The civil service laws, referred to in subsec. (c), are set out in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The classification laws, referred to in subsec. (c)(3), are
classified generally to chapter 51 ( 5101 et seq.) and to subchapter III
( 5331 et seq.) of chapter 53 of Title 5.
Provisions similar to those comprising this section were contained in
Pub. L. 89-670, 5, Oct. 15, 1966, 80 Stat. 935, which was classified
to section 1654 of this Appendix and which was repealed by Pub. L.
93-633, title III, 308(1), Jan. 3, 1975, 88 Stat. 2173.
1982 -- Subsec. (b)(1). Pub. L. 97-309 substituted ''At any given
time, no less than three members of the Board shall be individuals who
have been appointed on the basis of technical qualification,
professional standing, and demonstrated knowledge in the fields of
accident reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation'' for ''At any given
time, no less than two members of the Board shall be individuals who
have been appointed in the field of accident reconstruction, safety
engineering, or transportation safety''.
Section 1 of Pub. L. 97-309 provided in part that: ''The amendment
made by the preceding sentence (amending subsec. (b)(1) of this section)
shall not preclude the reappointment of any individual serving as a
member of the Board on the date of enactment of this Act (Oct. 14,
1982).''
49 USC 1903. General provisions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Duties of Board
The Board shall --
(1) investigate or cause to be investigated (in such detail as it
shall prescribe), and determine the facts, conditions, and circumstances
and the cause or probable cause or causes of any --
(A) aircraft accident which is within the scope of the functions,
powers, and duties transferred from the Civil Aeronautics Board under
section 1655(d) of this Appendix pursuant to title VII of the Federal
Aviation Act of 1958, as amended (49 App. U.S.C. 1441 et seq.);
(B) highway accident, including any railroad grade crossing accident,
that it selects in cooperation with the States;
(C) railroad accident in which there is a fatality, substantial
property damage, or which involves a passenger train;
(D) pipeline accident in which there is a fatality or substantial
property damage;
(E) major marine casualty, except one involving only public vessels,
occurring on the navigable waters or territorial seas of the United
States, or involving a vessel of the United States, in accordance with
regulations to be prescribed jointly by the Board and the Secretary of
the department in which the Coast Guard is operating. Nothing in this
subparagraph shall be construed to eliminate or diminish any
responsibility under any other Federal statute of the Secretary of the
Department in which the Coast Guard is operating: Provided, That any
marine accident involving a public vessel and any other vessel shall be
investigated and the facts, conditions, and circumstances, and the cause
or probable cause determined and made available to the public by either
the Board or the Secretary of the Department in which the Coast Guard is
operating; and
(F) other accident which occurs in connection with the transportation
of people or property which, in the judgment of the Board, is
catastrophic, involves problems of a recurring character, or would
otherwise carry out the policy of this chapter.
Any investigation of an accident conducted by the Board under this
paragraph (other than subparagraph (E)) shall have priority over all
other investigations of such accident conducted by other Federal
agencies. The Board shall provide for the appropriate participation by
other Federal agencies in any such investigation, except that such
agencies may not participate in the Board's determination of the
probable cause of the accident. Nothing in this section impairs the
authority of other Federal agencies to conduct investigations of an
accident under applicable provisions of law or to obtain information
directly from parties involved in, and witnesses to, the transportation
accident. The Board and other Federal agencies shall assure that
appropriate information obtained or developed in the course of their
investigations is exchanged in a timely manner. The Board may request
the Secretary of Transportation (hereafter in this chapter referred to
as the ''Secretary'') to make investigations with regard to such
accidents and to report to the Board the facts, conditions, and
circumstances thereof (except in accidents where misfeasance or
nonfeasance by the Federal Government is alleged), and the Secretary or
his designees are authorized to make such investigations. Thereafter,
the Board, utilizing such reports, shall make its determination of cause
or probable cause under this paragraph;
(2) report in writing on the facts, conditions, and circumstances of
each accident investigated pursuant to paragraph (1) of this subsection
and cause such reports to be made available to the public at reasonable
cost;
(3) issue periodic reports to the Congress, Federal, State, and local
agencies concerned with transportation safety, and other interested
persons recommending and advocating meaningful responses to reduce the
likelihood of recurrence of transportation accidents similar to those
investigated by the Board and proposing corrective steps to make the
transportation of persons as safe and free from risk of injury as is
possible, including steps to minimize human injuries from transportation
accidents;
(4) initiate and conduct special studies and special investigations
on matters pertaining to safety in transportation including human injury
avoidance;
(5) assess and reassess techniques and methods of accident
investigation and prepare and publish from time to time recommended
procedures for accident investigations;
(6) establish by regulation requirements binding on persons reporting
(A) accidents and aviation incidents subject to the Board's
investigatory jurisdiction under this subsection, and (B) accidents and
aviation incidents involving public aircraft other than aircraft of the
Armed Forces and the Intelligence Agencies;
(7) evaluate, assess the effectiveness, and publish the findings of
the Board with respect to the transportation safety consciousness and
efficacy in preventing accidents of other Government agencies;
(8) evaluate the adequacy of safeguards and procedures concerning the
transportation of hazardous materials and the performance of other
Government agencies charged with assuring the safe transportation of
such materials; and
(9) review on appeal (A) the suspension, amendment, modification,
revocation, or denial of any operating certificate or license issued by
the Secretary of Transportation under sections /1/ 602, 609, or 611(c)
/2/ of the Federal Aviation Act of 1958 (49 App. U.S.C. 1422, 1429, or
1431(c)) and the revocation of any certificate of registration under
section 501(e)(2) of such Act (49 App. U.S.C. 1401(e)(2)); and (B) the
decisions of the Commandant of the Coast Guard, on appeals from the
orders of any administrative law judge revoking, suspending, or denying
a license, certificate, document, or register in proceedings under
chapter 77 or section 6101, 6301, 7503, or 9303 of title 46.
(b) Powers of Board
(1) The Board, or upon the authority of the Board, any member
thereof, any administrative law judge employed by or assigned to the
Board, or any officer or employee duly designated by the Chairman, may,
for the purpose of carrying out this chapter, hold such hearings, sit
and act at such times and places, administer such oaths, and require by
subpoena or otherwise the attendance and testimony of such witnesses and
the production of such evidence as the Board or such officer or employee
deems advisable. Subpoenas shall be issued under the signature of the
Chairman, or his delegate, and may be served by any person designated by
the Chairman. Witnesses summoned to appear before the Board shall be
paid the same fees and mileage that are paid witnesses in the courts of
the United States. Such attendance of witnesses and production of
evidence may be required from any place in the United States to any
designated place of such hearing in the United States.
(2) Any employee of the Board, upon presenting appropriate
credentials and a written notice of inspection authority, is authorized
to enter any property wherein a transportation accident has occurred or
wreckage from any such accident is located and do all things therein
necessary for a proper investigation, including examination or testing
of any vessel, vehicle, rolling stock, track, or pipeline component or
any part of any such item when such examination or testing is determined
to be required for purposes of such investigation. Any examination or
testing shall be conducted in such manner so as not to interfere with or
obstruct unnecessarily the transportation services provided by the owner
or operator of such vessel, vehicle, rolling stock, track, or pipeline
component, and shall be conducted in such a manner so as to preserve, to
the maximum extent feasible, any evidence relating to the transportation
accidents, consistent with the needs of the investigation and with the
cooperation of such owner or operator. The employee may inspect, at
reasonable times, records, files, papers, processes, controls, and
facilities relevant to the investigation of such accident. Each
inspection, examination, or test shall be commenced and completed with
reasonable promptness and the results of such inspection, examination,
or test made available. The Board shall have sole authority to
determine the manner in which testing will be carried out under this
paragraph and under section 701(c) of the Federal Aviation Act of 1958
(49 App. U.S.C. 1441(c)), including determining the persons who will
conduct the test, the type of test which will be conducted, and the
persons who will witness the test. Such determinations are committed to
the discretion of the Board and shall be made on the basis of the needs
of the investigation being conducted by the Board and, where applicable,
the provisions of this paragraph.
(3) In case of contumacy or refusal to obey a subpoena, an order, or
an inspection notice of the Board, or of any duly designated employee
thereof, by any person who resides, is found, or transacts business
within the jurisdiction of any district court of the United States, such
district court shall, upon the request of the Board, have jurisdiction
to issue to such person an order requiring such person to comply
forthwith. Failure to obey such an order is punishable by such court as
a contempt of court.
(4) The Board is authorized to enter into without regard to section 5
of title 41, such contracts, leases, cooperative agreements, or other
transactions as may be necessary in the conduct of the functions and the
duties of the Board under this chapter, with any government entity or
any person.
(5) The Board is authorized to obtain, and shall be furnished, with
or without reimbursement, a copy of the report of the autopsy performed
by State or local officials on any person who dies as a result of having
been involved in a transportation accident within the jurisdiction of
the Board and, if necessary, the Board may order the autopsy or seek
other tests of such persons as may be necessary to the investigation of
the accident: Provided, That to the extent consistent with the need of
the accident investigation, provisions of local law protecting religious
beliefs with respect to autopsies shall be observed.
(6) The Board is authorized to (A) use, on a reimbursable basis or
otherwise, when appropriate, available services, equipment, personnel,
and facilities of the Department of Transportation and of other civilian
or military agencies and instrumentalities of the Federal Government;
(B) confer with employees and use available services, records, and
facilities of State, municipal, or local governments and agencies; (C)
employ experts and consultants in accordance with section 3109 of title
5; (D) appoint one or more advisory committees composed of qualified
private citizens or officials of Federal, State, or local governments as
it deems necessary or appropriate, in accordance with the Federal
Advisory Committee Act; (E) accept voluntary and uncompensated services
notwithstanding any other provision of law; (F) accept gifts or
donations of money or property (real, personal, mixed, tangible, or
intangible); (G) enter into contracts with public or private nonprofit
entities for the conduct of studies related to any of its functions;
and (H) require payment or other appropriate consideration from Federal
agencies, and State, local, and foreign governments for the reasonable
cost of goods and services supplied by the Board and to apply the funds
received to the Board's appropriations.
(7) Whenever the Board submits or transmits any budget estimate,
budget request, supplemental budget estimate, or other budget
information, legislative recommendation, prepared testimony for
congressional hearings, or comment on legislation to the President or to
the Office of Management and Budget, it shall concurrently transmit a
copy thereof to the Congress. No officer or agency of the United States
shall have any authority to require the Board to submit its budget
requests or estimates, legislative recommendations, prepared testimony
for congressional hearings, or comments on legislation to any officer or
agency of the United States for approval, comments, or review, prior to
the submission of such recommendations, testimony, or comments to the
Congress.
(8) The Board is empowered to designate representatives to serve or
assist on such committees as the Chairman determines to be necessary or
appropriate to maintain effective liaison with other Federal agencies,
and with State and local government agencies, and with independent
standard-setting bodies carrying out programs and activities related to
transportation safety.
(9) The Board, or an employee of the Board duly designated by the
Chairman, may conduct an inquiry to secure data with respect to any
matter pertinent to transportation safety, upon publication of notice of
such inquiry in the Federal Register; and may require, by special or
general orders, Federal, State, and local government agencies and
persons engaged in the transportation of people or property in commerce
to submit written reports and answers to such requests and questions as
are propounded with respect to any matter pertinent to any function of
the Board. Such reports and answers shall be submitted to the Board or
to such employee within such reasonable period of time and in such form
as the Board may determine. Copies thereof shall be made available for
inspection by the public.
(10) The Board may at any time utilize on a reimbursable basis the
services of the Transportation Safety Institute of the Department of
Transportation (established for the purpose of developing courses and
conducting training in safety and security for all modes of
transportation) or any successor organization. The Secretary shall
continue to make available such Institute or successor organization (A)
to the Board for safety training of employees of the Board in the
performance of all of their authorized functions, and (B) to such other
safety personnel of Federal, interstate, State, local, and foreign
governments and non-governmental organizations as the Board may from
time to time designate in consultation with the Secretary. Utilization
of such training at the Institute or successor organization by any
designated non-Federal safety personnel shall be at a reasonable fee to
be established periodically by the Board in consultation with the
Secretary. Such fee shall be paid directly to the Secretary for the
credit of the proper appropriation, subject to the requirements of any
annual appropriation, and shall be an offset against any annual
reimbursement agreement entered into between the Board and the Secretary
to cover all reasonable direct and indirect costs incurred for all such
training by the Secretary in the administration and operation of the
Institute or successor organization. The Board shall maintain an annual
record of all such offsets. In providing such training to Federal
employees, the Board shall be subject to chapter 41 of title 5 (relating
to training of employees).
(11)(A) Notwithstanding section 503(e) of the Act entitled ''An Act
making supplemental appropriations for the fiscal year ending September
30, 1987, and for other purposes'', approved July 11, 1987 (5 U.S.C.
7301 note), the Board is authorized to obtain from the Secretary of
Transportation, by written request, and shall be furnished --
(i) any report of a confirmed positive toxicological test, verified
as positive by a medical review officer, which is conducted on an
employee of the Department of Transportation, including any of its
agencies, pursuant to post-accident, unsafe practice, or reasonable
suspicion toxicological testing requirements of the Department, when
that employee is reasonably associated with the circumstances of an
accident or incident within the investigative jurisdiction of the Board;
and
(ii) any laboratory record providing documentation that such test is
confirmed positive.
(B) Except as provided in subparagraph (C), the Board shall maintain
in confidence and exempt from public disclosure in accordance with
section 552(b)(3) of title 5 --
(i) any laboratory record, made available under subparagraph (A), of
a confirmed and verified toxicological test which reveals medical use of
a drug permitted under applicable regulations; and
(ii) any medical information provided by the tested employee in
connection with such test or in connection with a review of such test.
(C) The Board may use such a laboratory record for development of any
evidentiary record in an investigation by the Board of an accident or
incident if --
(i) the fitness of the employee who is the subject of the
toxicological testing is at issue in the investigation; and
(ii) the use of that record is necessary in the development of such
evidentiary record.
(12) Establish such rules and regulations as may be necessary to the
exercise of its functions.
(c) Use of reports as evidence
No part of any report of the Board, relating to any accident or the
investigation thereof, shall be admitted as evidence or used in any suit
or action for damages growing out of any matter mentioned in such report
or reports.
(d) Judicial review
Any order, affirmative or negative, issued by the Board under this
chapter shall be subject to review by the appropriate court of appeals
of the United States or the United States Court of Appeals for the
District of Columbia, upon petition filed within 60 days after the entry
of such order, by any person disclosing a substantial interest in such
order. Such review shall be conducted in accordance with the provisions
of chapter 7 of title 5.
(Pub. L. 93-633, title III, 304, Jan. 3, 1975, 88 Stat. 2168; Pub.
L. 97-74, 3-5, Nov. 3, 1981, 95 Stat. 1065; Pub. L. 98-499, 4(b), Oct.
19, 1984, 98 Stat. 2315; Pub. L. 100-223, title III, 311(a), Dec. 30,
1987, 101 Stat. 1528; Pub. L. 100-372, 3(a), 4, 5, July 19, 1988, 102
Stat. 876, 877; Pub. L. 101-641, 3, 6, Nov. 28, 1990, 104 Stat. 4654,
4656.)
The Federal Aviation Act of 1958, as amended, referred to in subsec.
(a)(1)(A), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as
amended. Title VII of the Federal Aviation Act of 1958 is classified
generally to chapter VII ( 1441 et seq.) of chapter 20 of this Appendix.
For complete classification of this Act to the Code, see Short Title
note set out under section 1301 of this Appendix and Tables.
Section 611(c) of the Federal Aviation Act of 1958 (49 App. U.S.C.
1431(c)), referred to in subsec. (a)(9), was redesignated section 611(
e) (49 App. U.S.C. 1431(e)) by Pub. L. 92-574, 7(b), Oct. 27, 1972, 86
Stat. 1239.
Federal Advisory Committee Act, referred to in subsec. (b)(6)(D), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Section 503(e) of the Act entitled ''An Act making supplemental
appropriations for the fiscal year ending September 30, 1987, and for
other purposes'', referred to in subsec. (b)(11)(A), is section 503(e)
of Pub. L. 100-71, which is set out as a note under section 7301 of
Title 5.
In subsec. (a)(9), ''chapter 77 or section 6101, 6301, 7503, or 9303
of title 46'' substituted for ''section 4450 of the Revised Statutes of
the United States (46 U.S.C. 239); the Act of July 15, 1954 (46 U.S.C.
239a, 239b); or section 4 of the Great Lakes Pilotage Act (46 U.S.C.
216b)'' on authority of Pub. L. 98-89, 2(a), Aug. 26, 1983, 97 Stat.
598, section 1 of which enacted Title 46, Shipping.
1990 -- Subsec. (b)(2). Pub. L. 101-641, 3, inserted ''vessel,''
before ''vehicle'' in two places and inserted at end ''The Board shall
have sole authority to determine the manner in which testing will be
carried out under this paragraph and under section 701(c) of the Federal
Aviation Act of 1958, including determining the persons who will conduct
the test, the type of test which will be conducted, and the persons who
will witness the test. Such determinations are committed to the
discretion of the Board and shall be made on the basis of the needs of
the investigation being conducted by the Board and, where applicable,
the provisions of this paragraph.''
Subsec. (b)(11), (12). Pub. L. 101-641, 6, added par. (11) and
redesignated former par. (11) as (12).
1988 -- Subsec. (a)(2). Pub. L. 100-372, 3(a), struck out ''and to
cause notice of the issuance and availability of such reports to be
published in the Federal Register'' before semicolon at end.
Subsec. (b)(6)(H). Pub. L. 100-372, 5, added cl. (H).
Subsec. (b)(10), (11). Pub. L. 100-372, 4, added par. (10) and
redesignated former par. (10) as (11).
1987 -- Subsec. (a)(6). Pub. L. 100-223 amended par. (6) generally.
Prior to amendment, par. (6) read as follows: ''establish by
regulation requirements binding on persons reporting accidents and
aviation incidents subject to the Board's investigatory jurisdiction
under this subsection.''
1984 -- Subsec. (a)(9)(A). Pub. L. 98-499 inserted ''and the
revocation of any certificate of registration under section 501(e)(2) of
such Act'' before semicolon at end.
1981 -- Subsec. (a)(1). Pub. L. 97-74, 3, inserted provision that
any investigation of an accident conducted by the Board under subsec.
(a)(1) (other than subparagraph (E)) have priority over all other
investigations of such accident conducted by other Federal agencies,
that the Board provide for the appropriate participation by other
Federal agencies in any such investigation, except that such agencies
may not participate in the Board's determination of the probable cause
of the accident, that nothing in this section impairs the authority of
other Federal agencies to conduct investigations of an accident under
applicable provisions of law or to obtain information directly from
parties involved in, and witnesses to, the transportation accident, and
that the Board and other Federal agencies assure that appropriate
information obtained or developed in the course of their investigations
is exchanged in a timely manner.
Subsec. (a)(6). Pub. L. 97-74, 4, inserted reference to aviation
incidents.
Subsec. (b)(2). Pub. L. 97-74, 5, inserted provisions authorizing the
making of an examination or test of any vehicle, rolling stock, track,
or pipeline component or any part of any such item when an examination
or testing is determined to be required for purposes of an investigation
and provided that any examination or testing be conducted in such manner
so as not to interfere with or obstruct unnecessarily the transportation
services provided by the owner or operator of the vehicle, rolling
stock, track, or pipeline component, and be conducted in such a manner
so as to preserve, to the maximum extent feasible, any evidence relating
to the transportation accident, consistent with the needs of the
investigation and with the cooperation of the owner or operator.
Amendment by Pub. L. 98-499 applicable with respect to acts and
violations occurring after Oct. 19, 1984, see section 7 of Pub. L.
98-499 set out as a note under section 1401 of this Appendix.
Functions; Termination of Authority
Civil Aeronautics Board terminated on Jan. 1, 1985, and functions,
powers, and duties of Board terminated or transferred by section 1551 of
this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 311(b) of Pub. L. 100-223 provided that: ''Not later than
18 months after the date of the enactment of this Act (Dec. 30, 1987),
the National Transportation Safety Board shall report to the Congress
its findings on public aircraft accidents and incidents.''
Investigation of marine casualties by Secretary of Transportation,
see section 6301 et seq. of Title 46, Shipping.
/1/ So in original. Probably should be ''section''.
/2/ See References in Text note below.
49 USC 1904. Annual report
TITLE 49, APPENDIX -- TRANSPORTATION
The Board shall report to the Congress on July 1 of each year. Such
report shall include, but need not be limited to --
(1) a statistical and analytical summary of the transportation
accident investigations conducted and reviewed by the Board during the
preceding calendar year;
(2) a survey and summary, in such detail as the Board deems
advisable, of the recommendations made by the Board to reduce the
likelihood of recurrence of such accidents together with the observed
response to each such recommendation;
(3) an appraisal in detail of the accident investigation and accident
prevention activities of other government agencies charged by Federal or
State law with responsibility in this field; and
(4) a biennial appraisal and evaluation and review, and
recommendations for legislative and administrative action and change,
with respect to transportation safety.
(Pub. L. 93-633, title III, 305, Jan. 3, 1975, 88 Stat. 2171.)
49 USC 1905. Public access to information
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General
Copies of any communication, document, investigation, or other
report, or information received or sent by the Board, or any member or
employee of the Board, shall be made available to the public upon
identifiable request, and at reasonable cost, unless such information
may not be publicly released pursuant to subsection (b) or (c) of this
section. Nothing contained in this section shall be deemed to require
the release of any information described by subsection (b) of section
552 of title 5, or which is otherwise protected by law from disclosure
to the public.
(b) Exception
The Board shall not disclose information obtained under this chapter
which concerns or relates to a trade secret referred to in section 1905
of title 18, except that such information may be disclosed in a manner
designed to preserve confidentiality --
(1) upon request, to other Federal Government departments and
agencies for official use;
(2) upon request, to any committee of Congress having jurisdiction
over the subject matter to which the information relates;
(3) in any judicial proceeding under a court order formulated to
preserve the confidentiality of such information without impairing the
proceedings; and
(4) to the public in order to protect health and safety, after notice
to any interested person to whom the information pertains and an
opportunity for such person to comment in writing, or orally in closed
session, on such proposed disclosure (if the delay resulting from such
notice and opportunity for comment would not be detrimental to health
and safety).
(c) Public disclosure of cockpit voice recorder recordings and
transcriptions
(1) Notwithstanding any other provision of law, the Board shall
withhold from public disclosure cockpit voice recorder recordings and
transcriptions, in whole or in part, of oral communications by and
between flight crew members and ground stations, that are associated
with accidents or incidents investigated by the Board.
(2) Portions of a transcription of oral communications described in
paragraph (1) which the Board determines relevant and pertinent to the
accident or incident under investigation shall be made available to the
public by the Board --
(A) if the Board conducts a public hearing with respect to such
accident or incident, at the time of such hearing; and
(B) if the Board does not conduct such a public hearing, at the time
when a majority of other factual reports regarding the accident or
incident is placed in the public docket.
(3) Nothing in this section shall restrict the Board at any time from
referring to cockpit voice recorder information in making safety
recommendations.
(d) Use of cockpit voice recorder recordings and transcriptions in
judicial proceedings
(1) Except as provided in this subsection, in a judicial proceeding,
there shall not be discovery by a party --
(A) of portions of cockpit voice recorder transcriptions other than
such portions made available to the public by the Board under subsection
(c)(2) of this section; and
(B) of cockpit voice recorder recordings.
(2) Subject to paragraph (4), a court may permit discovery of cockpit
voice recorder transcriptions by a party if the court, after an in
camera review of such transcriptions, finds that --
(A) the portions of the transcriptions made available to the public
under subsection (c) of this section do not provide the party with
sufficient information for the party to receive a fair trial; and
(B) discovery of additional portions of transcriptions is necessary
to provide the party with sufficient information for the party to
receive a fair trial.
No cockpit voice recorder transcriptions prepared by or under the
direction of the Board, other than portions made available by the Board
under subsection (c) of this section, shall be required to be produced
for an in camera review, or shall be subject to discovery, unless the
cockpit voice recorder recordings are not available.
(3) Subject to paragraph (4), a court may permit discovery of cockpit
voice recorder recordings by a party if the court, after an in camera
review of such recordings, finds that --
(A) the portions of transcriptions made available to the public under
subsection (c) of this section and to the party through discovery under
paragraph (2) do not provide the party with sufficient information for
the party to receive a fair trial; and
(B) discovery of cockpit voice recorder recordings is necessary to
provide the party with sufficient information for the party to receive a
fair trial.
(4) If, under paragraph (2) or (3), there is discovery in a judicial
proceeding of a cockpit voice recorder recording or any portion of a
cockpit voice recorder transcription not made available to the public
under subsection (c)(2) of this section, the court shall issue a
protective order to limit the use of such recording or portion to the
judicial proceeding and to prohibit dissemination of such recording or
portion to any person who does not need access to such recording or
portion for such proceeding.
(5) A court may permit admission of a cockpit voice recorder
recording or any portion of a cockpit voice recorder transcription not
made available to the public under subsection (c)(2) of this section
into evidence in a judicial proceeding, only if the court places such
recording or portion under seal to preclude the use of such recording or
portion for purposes other than for such proceeding.
(Pub. L. 93-633, title III, 306, Jan. 3, 1975, 88 Stat. 2172; Pub.
L. 97-309, 2, Oct. 14, 1982, 96 Stat. 1453; Pub. L. 101-641, 4, Nov.
28, 1990, 104 Stat. 4654.)
1990 -- Subsecs. (c), (d). Pub. L. 101-641 added subsecs. (c) and
(d) and struck out former subsec. (c) which read as follows:
''Notwithstanding any other provision of law, the Board shall withhold
from public disclosure cockpit voice recorder recordings and
transcriptions, in whole or in part, of oral communications by and
between flight crew members and ground stations, that are associated
with accidents or incidents investigated by the Board: Provided, That
portions of a transcription of such oral communications which the Board
deems relevant and pertinent to the accident or incident shall be made
available to the public by the Board at the time of the Board's public
hearing, and in no event later than 60 days following the accident or
incidents: And provided further, That nothing in this section shall
restrict the Board at any time from referring to cockpit voice recorder
information in making safety recommendations.''
1982 -- Subsec. (a). Pub. L. 97-309 inserted reference to subsec.
(c) of this section.
Subsec. (c). Pub. L. 97-309 added subsec. (c).
49 USC 1906. Response to Board recommendations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Secretary's duty to respond; contents of response; publication;
public availability of copies
Whenever the Board submits a recommendation regarding transportation
safety to the Secretary, he shall respond to each such recommendation
formally and in writing not later than 90 days after receipt thereof.
The response to the Board by the Secretary shall indicate his intention
to --
(1) initiate and conduct procedures for adopting such recommendations
in full, pursuant to a proposed timetable, a copy of which shall be
included;
(2) initiate and conduct procedures for adopting such recommendation
in part, pursuant to a proposed timetable, a copy of which shall be
included. Such response shall set forth in detail the reasons for the
refusal to proceed as to the remainder of such recommendation; or
(3) refuse to initiate or conduct procedures for adopting such
recommendation. Such response shall set forth in detail the reasons for
such refusal.
The Board shall make copies of each such recommendation and response
thereto available to the public at reasonable cost.
(b) Annual report to Congress
The Secretary shall submit a report to the Congress on January 1 of
each year setting forth all the Board's recommendations to the Secretary
during the preceding year regarding transportation safety and a copy of
the Secretary's response to each such recommendation.
(Pub. L. 93-633, title III, 307, Jan. 3, 1975, 88 Stat. 2172; Pub.
L. 97-74, 6, Nov. 3, 1981, 95 Stat. 1066; Pub. L. 100-372, 3(b), July
19, 1988, 102 Stat. 876.)
1988 -- Subsec. (a). Pub. L. 100-372 amended last sentence
generally. Prior to amendment, last sentence read as follows: ''The
Board shall cause notice of the issuance of each such recommendation and
of each receipt of a response thereto to be published in the Federal
Register, and shall make copies thereof available to the public at
reasonable cost.''
1981 -- Pub. L. 97-74 designated existing provisions as subsec. (a)
and added subsec. (b).
49 USC 1907. Authorization of appropriations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) There are authorized to be appropriated for the purposes of this
Act not to exceed $12,000,000 for the fiscal year ending June 30, 1975;
and $12,000,000 for the fiscal year ending June 30, 1976, such sums to
remain available until expended. There are authorized to be
appropriated for the purpose of this Act not to exceed $3,800,000 for
the transition quarter ending September 30, 1976, $15,200,000 for the
fiscal year ending September 30, 1977, and $16,400,000 for the fiscal
year ending September 30, 1978, such sums to remain available until
expended. There are authorized to be appropriated for the purposes of
this Act not to exceed $16,420,000 for the fiscal year ending September
30, 1979, and $17,650,000 for the fiscal year ending September 30, 1980,
such sums to remain available until expended. There are authorized to be
appropriated for the purposes of this Act not to exceed $18,540,000 for
the fiscal year ending September 30, 1981, $19,925,000 for the fiscal
year ending September 30, 1982, and $22,100,000 for the fiscal year
ending September 30, 1983, such sums to remain available until expended.
There are authorized to be appropriated for the purposes of this Act
not to exceed $22,600,000 for the fiscal year ending September 30, 1984,
$24,500,000 for the fiscal year ending September 30, 1985, and
$26,100,000 for the fiscal year ending September 30, 1986, such sums to
remain available until expended. There are authorized to be
appropriated for the purposes of this Act not to exceed $25,400,000 for
the fiscal year ending September 30, 1988; $27,000,000 for the fiscal
year ending September 30, 1989; and $28,600,000 for fiscal year ending
September 30, 1990. Such sums shall remain available until expended.
There are authorized to be appropriated for the purposes of this Act not
to exceed $32,000,000 for the fiscal year ending September 30, 1991;
$38,600,000 for the fiscal year ending September 30, 1992; and
$38,800,000 for the fiscal year ending September 30, 1993, such sums to
remain available until expended.
(b) An emergency fund of $1,000,000 is authorized for expenditure by
the Board to be available for necessary expenses, not otherwise provided
for, of the Board for accident investigations. There is authorized to
be appropriated such sums as may be necessary to establish the emergency
fund under the preceding sentence and to replenish the fund annually.
Such sums are authorized to remain available until expended.
(Pub. L. 93-633, title III, 309, Jan. 3, 1975, 88 Stat. 2173; Pub.
L. 94-481, Oct. 11, 1976, 90 Stat. 2080; Pub. L. 95-363, 2, Sept. 11,
1978, 92 Stat. 597; Pub. L. 97-74, 2, Nov. 3, 1981, 95 Stat. 1065;
Pub. L. 98-37, June 6, 1983, 97 Stat. 204; Pub. L. 100-372, 2, July 19,
1988, 102 Stat. 876; Pub. L. 101-641, 2, Nov. 28, 1990, 104 Stat.
4654.)
This Act, referred to in subsec. (a), means Pub. L. 93-633, Jan.
3, 1975, 88 Stat. 2156, as amended, known as the Transportation Safety
Act of 1974, which enacted this chapter and chapter 27 of this Appendix,
amended sections 1471, 1472, 1653, and 1655 of this Appendix, sections
39, 437, 438, 440, and 441 of Title 45, Railroads, and section 170 of
former Title 46, Shipping, repealed sections 1654, 1761, and 1762 of
this Appendix, and enacted provisions set out as notes under sections
1801 and 1901 of this Appendix and section 440 of Title 45. For
complete classification of this Act to the Code, see Short Title note
set out under section 1801 of this Appendix and Tables.
1990 -- Subsec. (a). Pub. L. 101-641 inserted at end ''There are
authorized to be appropriated for the purposes of this Act not to exceed
$32,000,000 for the fiscal year ending September 30, 1991; $38,600,000
for the fiscal year ending September 30, 1992; and $38,800,000 for the
fiscal year ending September 30, 1993, such sums to remain available
until expended.''
1988 -- Pub. L. 100-372 designated existing provisions as subsec.
(a), inserted authorizations for fiscal years ending September 30, 1988,
1989, and 1990, and added subsec. (b).
1983 -- Pub. L. 98-37 inserted provisions authorizing appropriation
of not to exceed $22,600,000 for fiscal year ending Sept. 30, 1984,
$24,500,000 for fiscal year ending Sept. 30, 1985, and $26,100,000 for
fiscal year ending Sept. 30, 1986, with such sums to remain available
until expended.
1981 -- Pub. L. 97-74 inserted provisions authorizing appropriations
of not to exceed $18,540,000 for fiscal year ending Sept. 30, 1981,
$19,925,000 for fiscal year ending Sept. 30, 1982, and $22,100,000 for
fiscal year ending Sept. 30, 1983, with such sums to remain available
until expended.
1978 -- Pub. L. 95-363 inserted provisions authorizing
appropriations of not to exceed $16,420,000 for fiscal year ending Sept.
30, 1979, and $17,650,000 for fiscal year ending Sept. 30, 1980.
1976 -- Pub. L. 94-481 authorized appropriations of not to exceed
$3,800,000 for the transition quarter ending Sept. 30, 1976,
$15,200,000 for fiscal year ending Sept. 30, 1977, and $16,400,000 for
fiscal year ending Sept. 30, 1978, with such sums to remain available
until expended.
49 USC CHAPTER 29 -- HAZARDOUS LIQUID PIPELINE SAFETY
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2001. Definitions.
2002. Regulations governing Federal safety standards for
transportation of hazardous liquids and pipeline facilities.
(a) Authority of Secretary; minimum Federal safety standards;
reporting requirements.
(b) Factors considered.
(c) Application of standards to design, installation, inspection,
emergency plans and procedures, testing, construction, extension,
operation, replacement, and management of pipeline facilities.
(d) Adoption of additional or more stringent safety standards.
(e) Participation in public safety programs and establishment of
damage prevention programs.
(f) Effective date of standards.
(g) Administrative procedure.
(h) Waiver of compliance with standards.
(i) Notification standards.
(j) Pipeline inventory standards.
(k) Instrumented internal inspection devices.
(l) Offshore pipeline inspection and burial.
2003. Technical Hazardous-Liquid Pipeline Safety Standards
Committee.
(a) Establishment; appointment of members.
(b) Submittal of proposed standards or amendments thereto to
Committee; preparation of report by Committee; prescription of final
standards by Secretary; publication; meetings.
(c) Compensation and travel expenses.
2004. State certification and agreements.
(a) Report to Secretary by State agency; annual certification.
(b) Agreements with State agencies; notification to Secretary of
violations of standards.
(c) Monitoring of State programs established by certification or
agreement under this section.
(d) Grants to aid State enforcement; withholding funds from State
agency.
(e) Recertification.
(f) Rejection of certification or other enforcement action.
(g) Termination of agreement.
2005. Judicial review.
(a) Person aggrieved; venue.
(b) Jurisdiction.
(c) Appeal.
(d) Successors in office.
(e) Remedies.
2006. Compliance.
(a) Requirements respecting safety standards, inspection and
maintenance plans, and access to information.
(b) Issuance of orders.
(c) Tort liability.
2007. Penalties.
(a) Civil penalties.
(b) Action by Attorney General to recover civil penalty.
(c) Criminal penalties.
(d) Violations based on same act.
2008. Specific relief.
2009. Inspection and maintenance plan.
(a) Plan requirement; applicability; practicability.
(b) Revision; notice; hearing; considerations.
(c) Feasibility study; costs; recommendations; report to Congress.
(d) Secretary's responsibilities.
2010. Powers and duties of Secretary.
(a) General authority.
(b) Records and reports of persons engaged in transportation of
hazardous liquids or who own or operate pipeline facilities.
(c) Inspection of records and property.
(d) Availability of accident reports and research and demonstration
project reports.
(e) Disclosure of information relating to trade secrets.
2011. Administration.
(a) Information furnished to Federal Energy Regulatory Commission.
(b) Cooperation with other agencies.
(c) Consultation with other agencies.
(d) Coordination procedures.
2012. Annual report.
(a) Submittal to Congress; contents.
(b) Recommendations for additional legislation.
(c) Report satisfying requirement of this section and section 1683.
2013. Authorization of appropriations.
2014. Citizens civil action.
(a) Injunctive relief.
(b) Restrictions.
(c) Intervention by Attorney General.
(d) Effect on rights under any statute or at common law.
(e) Costs and attorney's fees.
(f) Violations of State safety standards.
2015. Carbon dioxide.
(a) General rule.
(b) Regulations.
sections 6991, 9607.
49 USC 2001. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
As used in this chapter --
(1) ''person'' means any individual, firm, joint venture,
partnership, corporation, association, State, municipality, cooperative
association, or joint stock association, and includes any trustee,
receiver, assignee, or personal representative thereof;
(2) ''hazardous liquid'' means --
(A) petroleum or any petroleum product, and
(B) any substance or material which is in liquid state (excluding
liquefied natural gas) when transported by pipeline facilities and
which, as determined by the Secretary, may pose an unreasonable risk to
life or property when transported by pipeline facilities;
(3) ''transportation of hazardous liquids'' means the movement of
hazardous liquids by pipeline, or their storage incidental to such
movement, in or affecting interstate or foreign commerce; except that
it shall not include any such movement through gathering lines in rural
locations or onshore production, refining, or manufacturing facilities
or storage or in-plant piping systems associated with any of such
facilities;
(4) ''pipeline facilities'' includes, without limitation, new and
existing pipe, rights-of-way, and any equipment, facility, or building
used or intended for use in the transportation of hazardous liquids but
''rights-of-way'' as used in this chapter does not authorize the
Secretary to prescribe the location or the routing of any pipeline
facility;
(5) ''interstate pipeline facilities'' means the pipeline facilities
used in the transportation of hazardous liquids in interstate or foreign
commerce;
(6) ''intrastate pipeline facilities'' means pipeline facilities
which are not interstate pipeline facilities;
(7) ''interstate or foreign commerce'' means commerce between any
point in a State and any point outside thereof, or between points within
the same State but through any place outside thereof;
(8) ''State'' includes each of the several States, the District of
Columbia, and the Commonwealth of Puerto Rico;
(9) ''municipality'' means a city, county, or other political
subdivision of a State;
(10) ''national organization of State commissions'' means the
national organization of the State commissions referred to in subchapter
III of chapter 103 of title 49; and
(11) ''Secretary'' means the Secretary of Transportation.
(Pub. L. 96-129, title II, 202, Nov. 30, 1979, 93 Stat. 1003.)
This chapter, referred to in provision preceding par. (1) and in
par. (4), was in the original ''this title'', meaning title II of Pub.
L. 96-129, Nov. 30, 1979, 93 Stat. 1003, as amended, known as the
Hazardous Liquid Pipeline Safety Act of 1979, which is classified
principally to this chapter. For complete classification of this Act to
the Code, see Short Title note set out below and Tables.
Section 217 of title II of Pub. L. 96-129 provided that: ''The
provisions of this title (see Short Title note below) shall take effect
on the date of enactment (Nov. 30, 1979).''
Section 201 of title II of Pub. L. 96-129 provided that: ''This
title (enacting this chapter, amending section 1811 of this Appendix,
repealing sections 831 to 835 of Title 18, Crimes and Criminal
Procedure, and enacting provisions set out as notes under this section
and section 831 of Title 18) may be cited as the 'Hazardous Liquid
Pipeline Safety Act of 1979'.''
49 USC 2002. Regulations governing Federal safety standards for
transportation of hazardous liquids and pipeline facilities
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority of Secretary; minimum Federal safety standards;
reporting requirements
(1) The Secretary shall, by regulation, establish minimum Federal
safety standards for the transportation of hazardous liquids and
pipeline facilities. The standards shall apply to each person who
engages in the transportation of hazardous liquids or who owns or
operates pipeline facilities. The standards shall be practicable and
designed to meet the need for safe transportation of hazardous liquids.
(2) Not later than 12 months after October 22, 1986, the Secretary
shall issue regulations requiring each person who operates pipeline
facilities to report to the Secretary --
(A) any condition that constitutes a hazard to life or property, and
(B) any safety-related condition that causes or has caused a
significant change or restriction in the operation of pipeline
facilities.
Reports submitted under this paragraph shall be in writing and shall
be received by the Secretary within 5 working days after any
representative of a person subject to the reporting requirements of this
paragraph first determines that such condition exists. Notice of any
such condition shall concurrently be supplied to appropriate State
authorities.
(b) Factors considered
In prescribing standards under this section, the Secretary shall
consider --
(1) relevant available pipeline data;
(2) whether the standards are appropriate for the particular type of
pipeline transportation or facility;
(3) the reasonableness of any proposed standards; and
(4) the extent to which the standards will contribute to public
safety.
(c) Application of standards to design, installation, inspection,
emergency plans and procedures, testing, construction, extension,
operation, replacement, and management of pipeline facilities
Standards under this section may apply to the design, installation,
inspection, emergency plans and procedures, testing, construction,
extension, operation, replacement, and maintenance of pipeline
facilities. Such standards may include a requirement that all
individuals responsible for the operation and maintenance of pipeline
facilities be tested for qualifications and certified to perform such
functions. Any standard issued under this section affecting the design,
installation, construction, initial inspection, and initial testing
shall not be applicable to pipeline facilities in existence on the date
such standard is adopted.
(d) Adoption of additional or more stringent safety standards
Any State agency may adopt additional or more stringent safety
standards for intrastate pipeline facilities and the transportation of
hazardous liquids associated with such facilities, if such standards are
compatible with the Federal standards issued under this chapter. No
State agency may adopt or continue in force any safety standards
applicable to interstate pipeline facilities or the transportation of
hazardous liquids associated with such facilities.
(e) Participation in public safety programs and establishment of
damage prevention programs
The Secretary may provide that the Federal minimum safety standards
established under this section include a requirement that any operator
of pipeline facilities --
(1) participate in any public safety program --
(A) which provides for notice to pipeline facility operators of
proposed demolition, excavation, tunneling, or construction near or
affecting such facility;
(B) which requires such operators to identify specific pipeline
facilities which may be affected by the proposed demolition, excavation,
tunneling, or construction, for the purpose of preventing damage to such
facilities; and
(C) which the Secretary determines is being carried out in a manner
adequate to assure protection against the hazards to that operator's
pipeline facilities created by such demolition, excavation, tunneling,
or construction; or
(2) establish and carry out a damage prevention program which
provides services to the public with respect to that operator's pipeline
facilities which are comparable to those which would be available to the
public under a program described in paragraph (1).
(f) Effective date of standards
Any standards prescribed under this section, and amendments thereto,
shall become effective thirty days after the date of issuance of such
standards unless the Secretary, for good cause recited, determines an
earlier or later effective date is required as a result of the period
reasonably necessary for compliance and such date is specified in the
regulation establishing or amending such standard.
(g) Administrative procedure
The provisions of subchapter II of chapter 5 of title 5 shall apply
to all actions establishing, amending, revoking, or directing or waiving
compliance with, any standard established under this Act. The Secretary
shall afford interested persons an opportunity to participate fully in
the establishment of such safety standards through submission of written
data, views, or arguments with opportunity to present oral testimony and
argument.
(h) Waiver of compliance with standards
Upon application by any person engaged in the transportation of
hazardous liquids or the operation of pipeline facilities, the Secretary
may, by order, after notice and opportunity for hearing and under such
terms and conditions and to such extent as he deems appropriate, waive
in whole or in part compliance with any standard established under this
chapter, if he determines that a waiver of compliance with such standard
is not inconsistent with pipeline safety. The Secretary shall state his
reasons for any such waiver. A State agency, with respect to which
there is in effect a certification pursuant to section 2004(a) of this
Appendix or an agreement pursuant to section 2004(b) of this Appendix,
may waive compliance with a safety standard in the same manner and to
the same extent as the Secretary, provided such State agency gives the
Secretary written notice at least sixty days prior to the effective date
of the waiver. If, before the effective date of a waiver to be granted
by a State agency, the Secretary objects in writing to the granting of
the waiver, any State agency action granting the waiver will be stayed.
After notifying such State agency of his objection, the Secretary shall
afford such agency a prompt opportunity to present its request for
waiver, with opportunity for hearing, and the Secretary shall determine
finally whether the requested waiver may be granted.
(i) Notification standards
Not later than 1 year after October 31, 1988, the Secretary shall
establish by regulation minimum Federal standards requiring operators of
pipeline facilities subject to this chapter (to the extent practicable)
to provide, and revise as necessary, information relating to operation
of such facilities. Such information shall be completed and maintained
and be provided, upon request, to the Secretary and an appropriate
official of a State, as the case may be. Such information shall include
the following:
(1) The business name, address, and telephone number, including an
operations emergency telephone number, of the operator.
(2) An accurate map or maps, along with any appropriate supplementary
geographic description, showing the location of major pipeline
facilities of such operator in the State.
(3) A description of the characteristics of the operator's pipelines
within the State.
(4) A description of all products transported through the operator's
pipelines within the State.
(5) The manual which governs operations and maintenance of the
pipeline facilities located in the State.
(6) An emergency response plan describing the operator's procedures
for responding to and containing releases, including --
(A) an identification of specific actions which will be taken by the
operator on discovery of a release;
(B) liaison procedures with State and local government agencies for
emergency response; and
(C) communication and alert procedures for immediate notification of
State and local officials at the time of any release.
(7) Any other information the Secretary considers useful and
necessary to inform the States of the presence of pipeline facilities
and operations within their boundaries.
(j) Pipeline inventory standards
The Secretary shall, by regulation, establish minimum Federal
standards to require, not later than 1 year after October 31, 1988,
operators of pipeline facilities subject to this chapter, to the extent
practicable, to complete and maintain for the Secretary, and revise as
appropriate thereafter, an inventory with appropriate information with
respect to all types of pipe used for the transmission of hazardous
liquids in such operator's system, along with additional information
such as the material history and the leak history of such pipe. Such
inventory shall exclude equipment associated only with the pipeline
pumps or storage facilities.
(k) Instrumented internal inspection devices
The Secretary shall, by regulation, establish minimum Federal safety
standards requiring that --
(1) the design and construction of new pipeline facilities, and
(2) when the replacement of existing pipeline facilities or equipment
is required, the replacement of such existing facilities,
be carried out, to the extent practicable, in a manner so as to
accommodate the passage through such pipeline facilities of instrumented
internal inspection devices (commonly referred to as ''smart pigs'').
(l) Offshore pipeline inspection and burial
(1) Initial inspection
(A) Requirement
Not later than --
(i) 18 months after November 16, 1990; or
(ii) one year after the issuance of standards under subparagraph (D),
whichever occurs first, the operator of each offshore pipeline
facility in the Gulf of Mexico and its inlets, other than gathering
lines of 4 inch nominal diameter and smaller, shall inspect such
pipeline facility and report to the Secretary on any portion of the
pipeline facility which is exposed or is a hazard to navigation. This
subparagraph shall apply only to pipeline facilities between the mean
high water mark and the point where the subsurface is under 15 feet of
water, as measured from mean low water.
(B) Extension
The Secretary may extend the time period for compliance under
subparagraph (A) with respect to a pipeline facility for an additional
period of up to one year if the operator of the pipeline facility
demonstrates to the satisfaction of the Secretary that a good faith
effort, with due diligence and care, has failed to enable compliance
with the deadline under subparagraph (A).
(C) Prior inspection recognition
Any inspection of a pipeline facility which has occurred after
October 3, 1989, may be used for compliance with subparagraph (A), if
the inspection conforms to the requirements of that subparagraph.
(D) Establishment of standards
The Secretary shall, within six months after November 16, 1990,
establish standards --
(i) for the purposes of this subsection, for what constitutes an
exposed pipeline facility; and
(ii) for the purposes of this subsection, for what constitutes a
hazard to navigation.
(2) Hazardous conditions
(A) Reporting procedure
The Secretary shall, by regulation, establish a program to require
pipeline facility operators described in paragraph (1)(A) to report
potential or existing navigational hazards involving pipeline facilities
to the Secretary through appropriate Coast Guard offices.
(B) Marking of hazardous pipeline facilities
The operator of a pipeline facility described in paragraph (1)(A) who
discovers any portion of the pipeline facility which is a hazard to
navigation shall mark the location of the hazardous portion with a Coast
Guard approved marine buoy or marker and shall immediately notify the
Secretary as provided by the Secretary pursuant to subparagraph (A) of
this paragraph. Any marine buoy or marker used pursuant to this
subparagraph shall be considered a pipeline sign or right-of-way marker
for purposes of section 2007(c)(3) of this Appendix.
(3) Permanent inspection requirement
Not later than 30 months after November 16, 1990, on the basis of
experience with the initial inspection program under paragraph (1) and
any other information available to the Secretary, the Secretary shall
establish a mandatory, systematic, and where appropriate, periodic
inspection program of offshore pipeline facilities in the Gulf of Mexico
and its inlets.
(4) Burial requirement
The Secretary shall, by regulation, require that each offshore
pipeline facility --
(A) that is subject to inspection under paragraph (1) and is exposed
or constitutes a hazard to navigation; or
(B) that constitutes a hazard to navigation,
is buried within six months after the date that the condition of the
pipeline facility is reported to the Secretary. The Secretary may
extend the time period for compliance under this paragraph with respect
to a pipeline facility for such period as is reasonable to ensure
compliance with this paragraph.
(Pub. L. 96-129, title II, 203, Nov. 30, 1979, 93 Stat. 1004; Pub.
L. 99-516, 3(b)(1), Oct. 22, 1986, 100 Stat. 2966; Pub. L. 100-561,
title II, 201, 202, 207(b), Oct. 31, 1988, 102 Stat. 2809, 2810, 2812;
Pub. L. 101-599, 1(b), Nov. 16, 1990, 104 Stat. 3039.)
This chapter, referred to in subsecs. (d), (h), (i), and (j), was in
the original ''this title'', meaning title II of Pub. L. 96-129, Nov.
30, 1979, 93 Stat. 1003, as amended, known as the Hazardous Liquid
Pipeline Safety Act of 1979, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 2001 of this Appendix and Tables.
This Act, referred to in subsec. (g), is Pub. L. 96-129, Nov. 30,
1979, 93 Stat. 989, as amended, known as the Pipeline Safety Act of
1979, which enacted this chapter and sections 1674a, 1674b, 1679a, and
1679b of this Appendix, amended sections 1671 to 1674, 1675 to 1677,
1679a, 1680 to 1684, and 1811 of this Appendix, repealed sections 1678
and 1679 of this Appendix and sections 831 to 835 of Title 18, Crimes
and Criminal Procedure, and enacted provisions set out as notes under
sections 1671, 1672, 1682, and 2001 of this Appendix and section 831 of
Title 18. For complete classification of this Act to the Code, see
Short Title note set out under section 1671 of this Appendix and Tables.
1990 -- Subsec. (l). Pub. L. 101-599 added subsec. (l).
1988 -- Subsec. (c). Pub. L. 100-561, 201, inserted after first
sentence ''Such standards may include a requirement that all individuals
responsible for the operation and maintenance of pipeline facilities be
tested for qualifications and certified to perform such functions.''
Subsecs. (i) to (k). Pub. L. 100-561, 202, 207(b), added subsecs.
(i) to (k).
1986 -- Subsec. (a). Pub. L. 99-516 designated existing provisions
as par. (1) and added par. (2).
49 USC 2003. Technical Hazardous-Liquid Pipeline Safety Standards
Committee
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment; appointment of members
Not later than 12 months after November 30, 1979, the Secretary shall
establish a Technical Hazardous-Liquid Pipeline Safety Standards
Committee and appoint the initial members of the Committee. The
Committee shall be appointed by the Secretary, after consultation with
public and private agencies concerned with the technical aspect of the
transportation of hazardous liquids or the operation of pipeline
facilities, and shall be composed of fifteen members each of whom shall
be experienced in the safety regulation of the transportation of
hazardous liquids and of pipeline facilities or technically qualified by
training, experience, or knowledge in one or more fields of engineering
applied in the transportation of hazardous liquids or the operation of
pipeline facilities to evaluate pipeline safety standards, as follows:
(1) five members shall be selected from governmental agencies,
including State and Federal Governments, two of whom, after consultation
with representatives of the national organization of State commissions,
shall be State commissioners;
(2) four members shall be selected from the hazardous liquids
industry after consultation with industry representatives, not less than
three of whom shall be currently engaged in the active operation of
pipeline facilities; and
(3) six members shall be selected from the general public.
(b) Submittal of proposed standards or amendments thereto to
Committee; preparation of report by Committee; prescription of final
standards by Secretary; publication; meetings
After the Committee has been established and its members appointed,
the Secretary shall submit to the Committee any proposed standard under
this chapter, or any proposed amendment to a standard under this
chapter, for its consideration. Within 90 days after receipt by the
Committee of any proposed standard or amendment, the Committee shall
prepare a report on the technical feasibility, reasonableness, and
practicability of such standard or amendment. The Secretary may
prescribe a final standard or a final amendment to a standard at any
time after the 90th day after its submission to the Committee, whether
or not the Committee has reported on such standard or amendment. Each
report by the Committee, including any minority views, shall be
published by the Secretary and, if timely made, form a part of the
proceedings for the promulgation of standards. In the event that the
Secretary rejects the conclusions of the majority of the Committee, he
shall not be bound by such conclusions but shall publish his reasons for
rejection thereof. The Committee may propose safety standards for
pipeline facilities and the transportation of hazardous liquids to the
Secretary for his consideration. The Committee shall meet with the
Secretary (or his designee) not less frequently than twice each calendar
year. All proceedings of the Committee shall be recorded and the record
of each proceeding shall be available for public inspection.
(c) Compensation and travel expenses
Members of the Committee other than Federal employees may be
compensated at a rate to be fixed by the Secretary at not to exceed the
daily equivalent of the maximum annual rate of basic pay then currently
payable under the General Schedule under section 5332 of title 5 for
each day (including traveltime) when engaged in the actual duties of the
Committee. All members, while away from their homes or regular places
of business, may be allowed travel expenses, including per diem in lieu
of subsistence as authorized by section 5703 of title 5 for persons in
the Government service employed intermittently. Payments under this
section shall not render members of the Committee employees or officials
of the United States for any purpose.
(Pub. L. 96-129, title II, 204, Nov. 30, 1979, 93 Stat. 1005; Pub.
L. 97-468, title I, 101, Jan. 14, 1983, 96 Stat. 2543.)
1983 -- Subsec. (b). Pub. L. 97-468 substituted ''twice each
calendar year'' for ''once every 6 months''.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
49 USC 2004. State certification and agreements
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Report to Secretary by State agency; annual certification
Except for section 2014 of this Appendix and except as otherwise
provided in this section, the authority of the Secretary under this Act
to prescribe safety standards and enforce compliance with such standards
shall not apply to intrastate pipeline facilities or the transportation
of hazardous liquids associated with those facilities, when the safety
standards and practices applicable to same are regulated by a State
agency which submits to the Secretary an annual certification that such
State agency --
(1) has regulatory jurisdiction over the safety standards and
practices of intrastate pipeline facilities and the transportation of
hazardous liquids associated with those facilities;
(2) has adopted, as of the date of the certification, each Federal
safety standard established under this chapter which is applicable to
intrastate pipeline facilities and the transportation of hazardous
liquids associated with those facilities or, with respect to each such
Federal safety standard established within 120 days before the date of
certification, is taking steps pursuant to State law to adopt such
standard;
(3) is enforcing each such standard through means which include
inspections conducted by State employees who meet qualifications
established by the Secretary under subsection (d) of this section;
(4) is encouraging and promoting programs designed to prevent damage
to pipeline facilities as a consequence of demolition, excavation,
tunneling, or construction activity; and
(5) has the authority to require record maintenance, reporting, and
inspection substantially the same as are provided under section 2010 of
this Appendix and the filing for approval of plans of inspection and
maintenance described in section 2009 of this Appendix and that the law
of the State makes provision for the enforcement of the safety standards
of such State agency by way of injunctive and monetary sanctions
substantially the same as are provided under sections 2007 (other than
subsection (a)(2) thereof) and 2008 of this Appendix.
Each annual certification shall include a report, in such form as the
Secretary may by regulation provide, showing (i) name and address of
each person subject to the safety jurisdiction of the State agency;
(ii) all accidents or incidents reported during the preceding 12 months
by each such person involving personal injury requiring hospitalization,
fatality, or property damage exceeding $5,000 (whether or not sustained
by a person subject to the safety jurisdiction of the State agency) and
any other accident which the State agency considers significant,
together with a summary of the State agency's investigation as to the
cause and circumstances surrounding such accident or incident; (iii)
the record maintenance, reporting, and inspection practiced by the State
agency to enforce compliance with such Federal safety standards,
including a detail of the number of inspections made of pipeline
facilities by the State agency during the preceding 12 months; and (iv)
such other information as the Secretary may require. The report
included with the first annual certification need not show information
unavailable at that time.
(b) Agreements with State agencies; notification to Secretary of
violations of standards
With respect to any intrastate pipeline facilities or transportation
of hazardous liquids associated with those facilities for which the
Secretary does not receive an annual certification under subsection (a)
of this section, the Secretary may, by agreement with a State agency
authorize such agency to assume responsibility for, and carry out on
behalf of the Secretary as it relates to those facilities or associated
transportation, the necessary actions to --
(1) establish an adequate program for record maintenance, reporting,
and inspection designed to assist compliance with Federal safety
standards; and
(2) establish procedures for approval of plans for inspection and
maintenance substantially the same as are required under section 2009 of
this Appendix.
Any agreement executed pursuant to this subsection shall require the
State agency promptly to notify the Secretary of any violation or
probable violation of a Federal safety standard which it discovers as a
result of its program.
(c) Monitoring of State programs established by certification or
agreement under this section
The Secretary may conduct whatever monitoring may be necessary of any
State program established by certification or agreement under this
section to assure that such programs are being carried out in compliance
with such certification or agreement. State agencies shall cooperate
fully in any monitoring of their programs under this subsection.
(d) Grants to aid State enforcement; withholding funds from State
agency
(1) Except as otherwise provided in this section, if an application
submitted not later than September 30 in any calendar year, the
Secretary shall pay out of funds appropriated or otherwise made
available up to 50 percent of the cost of the personnel, equipment, and
activities of a State agency reasonably required during the following
calendar year to carry out a safety program under a certification under
subsection (a) of this section or an agreement under subsection (b) of
this section; or to act as agent of the Secretary with respect to
interstate pipeline facilities. The Secretary may, after notice and
consultation with a State agency, withhold all or any part of the funds
for a particular State agency if he determines that such State agency
(A) is not satisfactorily carrying out a safety program under a
certification under subsection (a) of this section or an agreement under
subsection (b) of this section, or (B) is not satisfactorily acting as
agent of the Secretary with respect to interstate pipeline facilities.
No such payment may be made unless the State agency making application
under this subsection gives assurances satisfactory to the Secretary
that the State agency will provide the remaining cost of such a safety
program and that the aggregate expenditures of funds of the State,
exclusive of Federal grants, for hazardous liquid pipeline safety
programs will be maintained at a level which does not fall below the
average level of such expenditures for the last 2 fiscal years preceding
November 30, 1979.
(2) Funds appropriated for carrying out the Federal grants-in-aid
provisions of this subsection shall be allocated among the several
States for payments to aid in the conduct of pipeline safety programs in
accordance with paragraph (1) of this subsection.
(3) Payments under this section may be made in installments, in
advance or by way of reimbursement, with necessary adjustments on
account of overpayments and underpayments.
(4) The Secretary may, by regulation, provide for the form and manner
of filing of applications under this section, and for such reporting and
fiscal procedures as he deems necessary to assure the proper accounting
for Federal funds.
(5) Qualifications for state grant programs. -- The Secretary may
establish by regulation qualifications for States to meet in order to
participate in the pipeline safety grant program under this subsection,
including qualifications for State employees who perform inspection
activities pursuant to either an annual certification by a State agency
or an agreement relating to inspection between a State agency and the
Secretary. Such regulations may take into account the experience and
training of the State employee, may mandate training or other
requirements, and may provide for conditional approval of qualifications
pending satisfaction of specified requirements.
(e) Recertification
A certification which is in effect under subsection (a) of this
section shall not apply with respect to any new or amended Federal
safety standard established for intrastate pipeline facilities or
transportation of hazardous liquids associated with those facilities
pursuant to this chapter after the date of such certification. The
provisions of this chapter shall apply to any such new or amended
Federal safety standard until the State agency has adopted such standard
and has submitted an appropriate certification in accordance with
provisions of subsection (a) of this section.
(f) Rejection of certification or other enforcement action
If after receipt of annual certification under subsection (a) of this
section, the Secretary determines that the State agency is not
satisfactorily enforcing compliance with Federal safety standards, he
may, on reasonable notice and after opportunity for hearing, reject the
certification or take such other action as he deems appropriate to
achieve adequate enforcement including the assertion of Federal
jurisdiction. When such notice is given by the Secretary, the burden of
proof shall be upon the State agency to show that it is satisfactorily
enforcing compliance with Federal safety standards.
(g) Termination of agreement
Any agreement under subsection (b) of this section may be terminated
by the Secretary if, after notice and opportunity for a hearing, he
finds that the State agency has failed to comply with any provision of
such agreement. Such finding and termination shall be published in the
Federal Register and shall become effective no sooner than 15 days after
the date of publication.
(Pub. L. 96-129, title II, 205, Nov. 30, 1979, 93 Stat. 1006; Pub.
L. 99-272, title VII, 7002(b)(2), Apr. 7, 1986, 100 Stat. 139; Pub. L.
100-561, title II, 203, 204, Oct. 31, 1988, 102 Stat. 2810, 2811.)
This Act, referred to in subsec. (a), is Pub. L. 96-129, Nov. 30,
1979, 93 Stat. 989, as amended, known as the Pipeline Safety Act of
1979, which enacted this chapter and sections 1674a, 1674b, 1679a, and
1679b of this Appendix, amended sections 1671 to 1674, 1675 to 1677,
1679a, 1680 to 1684, and 1811 of this Appendix, repealed sections 1678
and 1679 of this Appendix and sections 831 to 835 of Title 18, Crimes
and Criminal Procedure, and enacted provisions set out as notes under
sections 1671, 1672, 1682, and 2001 of this Appendix and section 831 of
Title 18. For complete classification of this Act to the Code, see
Short Title note set out under section 1671 of this Appendix and Tables.
This chapter, referred to in subsecs. (a)(2) and (e), was in the
original ''this title'', meaning title II of Pub. L. 96-129, Nov. 30,
1979, 93 Stat. 1003, as amended, known as the Hazardous Liquid Pipeline
Safety Act of 1979, which is classified principally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 2001 of this Appendix and Tables.
1988 -- Subsec. (a)(3). Pub. L. 100-561, 203, inserted ''through
means which include inspections conducted by State employees who meet
qualifications established by the Secretary under subsection (d) of this
section'' after ''each such standard''.
Subsec. (d)(5). Pub. L. 100-561, 204, added par. (5).
1986 -- Subsec. (d)(2). Pub. L. 99-272 substituted ''appropriated
for carrying out the Federal grants-in-aid provisions of this
subsection'' for ''authorized to be appropriated by section 2013 of this
Appendix''.
49 USC 2005. Judicial review
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Person aggrieved; venue
Any person who is or will be adversely affected or aggrieved by any
regulation issued under this chapter or any order issued relating to an
application for waiver under section 2002(h) of this Appendix may at any
time prior to the 90th day after such regulation or order is issued file
a petition for a judicial review with the United States Court of Appeals
for the District of Columbia or for the circuit wherein such petitioner
is located or has his principal place of business. A copy of the
petition shall be forthwith transmitted by the clerk of the court to the
Secretary or other officer designated by him for that purpose.
(b) Jurisdiction
Upon the filing of the petition referred to in subsection (a) of this
section, the court shall have jurisdiction to review the regulation or
order in accordance with chapter 7 of title 5 and to grant appropriate
relief as provided in such chapter.
(c) Appeal
The judgment of the court affirming or setting aside, in whole or in
part, any such regulation or order of the Secretary shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of title 28.
(d) Successors in office
Any action instituted under this section shall survive,
notwithstanding any change in the person occupying the office of the
Secretary or any vacancy in such office.
(e) Remedies
The remedies provided for in this section shall be in addition to and
not in substitution for any other remedies provided by law.
(Pub. L. 96-129, title II, 206, Nov. 30, 1979, 93 Stat. 1009; Pub.
L. 97-468, title I, 103, Jan. 14, 1983, 96 Stat. 2543.)
1983 -- Subsec. (a). Pub. L. 97-468 substituted ''90th day'' for
''60th day''.
49 USC 2006. Compliance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Requirements respecting safety standards, inspection and
maintenance plans, and access to information
Each person who engages in the transportation of hazardous liquids or
who owns or operates pipeline facilities shall --
(1) at all times after the date any applicable safety standard
established under this chapter takes effect comply with the requirements
of such standard;
(2) establish and maintain a plan of inspection and maintenance
required by section 2009 of this Appendix and comply with such plan;
and
(3) permit access to or copying of records, and make reports or
provide information, and permit entry or inspection, as required under
section 2010 of this Appendix.
(b) Issuance of orders
(1) The Secretary may issue orders directing compliance with this Act
or any regulation issued under this Act. Any such order shall clearly
set forth the particular actions required of the person to whom the
order is issued.
(2) The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce any such order by
appropriate means.
(c) Tort liability
Nothing in this chapter shall affect the common law or statutory
liability of any person.
(Pub. L. 96-129, title II, 207, Nov. 30, 1979, 93 Stat. 1009.)
This chapter, referred to in subsecs. (a)(1) and (c), was in the
original ''this title'', meaning title II of Pub. L. 96-129, Nov. 30,
1979, 93 Stat. 1003, as amended, known as the Hazardous Liquid Pipeline
Safety Act of 1979, which is classified principally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 2001 of this Appendix and Tables.
This Act, referred to in subsec. (b)(1), is Pub. L. 96-129, Nov.
30, 1979, 93 Stat. 989, as amended, known as the Pipeline Safety Act of
1979, which enacted this chapter and sections 1674a, 1674b, 1679a, and
1679b of this Appendix, amended sections 1671 to 1674, 1675 to 1677,
1679a, 1680 to 1684, and 1811 of this Appendix, repealed sections 1678
and 1679 of this Appendix and sections 831 to 835 of Title 18, Crimes
and Criminal Procedure, and enacted provisions set out as notes under
sections 1671, 1672, 1682, and 2001 of this Appendix and section 831 of
Title 18. For complete classification of this Act to the Code, see
Short Title note set out under section 1671 of this Appendix and Tables.
49 USC 2007. Penalties
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Civil penalties
(1) Any person who is determined by the Secretary, after notice and
an opportunity for a hearing, to have violated any provisions of section
2006(a) of this Appendix or any regulation or order issued under this
chapter, including any order issued under section 2006(b) or 2008(b) of
this Appendix, shall be liable to the United States for a civil penalty
of not more than $10,000 for each violation for each day that violation
persists, except that the maximum civil penalty shall not exceed
$500,000 for any related series of violations.
(2) The amount of the penalty shall be assessed by the Secretary by
written notice. In determining the amount of the penalty, the Secretary
shall consider the nature, circumstances, and gravity of the violation
and, with respect to the person found to have committed the violation,
the degree of culpability, any history of prior violations, the effect
on ability to continue to do business, any good faith in attempting to
achieve compliance, ability to pay the penalty, and such other matters
as justice may require.
(b) Action by Attorney General to recover civil penalty
A civil penalty assessed under subsection (a) of this section may be
recovered in an action brought by the Attorney General on behalf of the
United States in the appropriate district court of the United States or,
prior to referral to the Attorney General, it may be compromised by the
Secretary. The amount of the penalty, when finally determined (or
agreed upon in compromise), may be deducted from any sums owed by the
United States to the person charged. All penalties collected under this
subsection shall be deposited in the Treasury of the United States as
miscellaneous receipts.
(c) Criminal penalties
(1) Any person who willfully and knowingly violates section 2006(a)
of this Appendix or a regulation or order issued under this chapter,
including any order issued under section 2006(b) or 2008(b) of this
Appendix, shall, upon conviction, be subject, for each offense, to a
fine of not more than $25,000, imprisonment for a term not to exceed 5
years, or both.
(2) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate pipeline facility shall,
upon conviction, be subject, for each offense, to a fine of not more
than $25,000, imprisonment for a term not to exceed 15 years, or both.
(3) Destruction of signs or markers. -- Any person who willfully and
knowingly defaces, damages, removes, or destroys any pipeline sign or
right-of-way marker required by Federal law or regulation shall, upon
conviction, be subject, for each offense, to a fine of not more than
$5,000, imprisonment for a term not to exceed 1 year, or both.
(d) Violations based on same act
Nothing in this chapter shall be construed to authorize the
imposition of penalties for the violation of any regulation and the
violation of any order under section 2006(b) or 2008(b) of this Appendix
if both violations are based on the same act.
(Pub. L. 96-129, title II, 208, Nov. 30, 1979, 93 Stat. 1009; Pub.
L. 100-561, title II, 205, 206, Oct. 31, 1988, 102 Stat. 2811.)
1988 -- Subsec. (a)(1). Pub. L. 100-561, 205, inserted '', after
notice and an opportunity for a hearing,'' after ''Secretary'' and
substituted ''$10,000'' for ''$1,000'' and ''$500,000'' for
''$200,000''.
Subsec. (c)(3). Pub. L. 100-561, 206, added par. (3).
49 USC 2008. Specific relief
TITLE 49, APPENDIX -- TRANSPORTATION
(a)(1) The Attorney General, at the request of the Secretary, may
bring an action in an appropriate district court of the United States
for equitable relief to redress or restrain a violation by any person of
a provision of this chapter or a regulation issued under this chapter.
Such district courts shall have jurisdiction to determine such actions
and may grant such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, interim equitable relief,
and punitive damages.
(2) In any proceeding for criminal contempt for violation of a
mandatory or prohibitive injunction issued under this subsection, which
violation also constitutes a violation of this Act, trial shall be by
the court or, upon demand of the accused, by a jury. Such trial shall
be conducted in accordance with the practice and procedure applicable in
the case of proceedings subject to the provisions of rule 42(b) of the
Federal Rules of Criminal Procedure.
(b)(1) If the Secretary finds, after reasonable notice and an
opportunity for hearing, that any pipeline facility is hazardous to life
or property, he shall, by order, require the person operating the
facility to take necessary corrective action. Such corrective action
may include suspended or restricted use of the facility, physical
inspection, testing, repair, replacement, or other action, as
appropriate.
(2) The Secretary may find a pipeline facility to be hazardous under
paragraph (1) --
(A) if under the facts and circumstances he determines the particular
facility is hazardous to life or property, or
(B) if the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique which
he determines is hazardous to life or property, unless the operator
involved demonstrates to the satisfaction of the Secretary that under
the particular facts and circumstances involved such equipment,
material, or technique is not hazardous to life or property.
(3) In making a determination under paragraph (2), the Secretary
shall consider, if relevant --
(A) the characteristics of the pipe and other equipment used in the
pipeline facility involved, including its age, manufacturer, physical
properties (including its resistance to corrosion and deterioration),
and the method of its manufacture, construction, or assembly;
(B) the nature of the materials transported by such facility
(including their corrosive and deteriorative qualities), the sequence in
which such materials are transported, and the pressure required for such
transportation;
(C) the aspects of the areas in which the pipeline facility is
located, in particular the climatic and geologic conditions (including
soil characteristics) associated with such areas, and the population
density and population and growth patterns of such areas;
(D) any recommendation of the National Transportation Safety Board
issued in connection with any investigation conducted by the Board under
other provisions of law; and
(E) such other factors as the Secretary may consider appropriate.
(4) The district courts of the United States shall have jurisdiction,
upon petition by the Attorney General, to enforce orders issued under
this subsection by appropriate means.
(5) The Secretary may waive the requirements for notice and hearing
under this subsection and provide for expeditious issuance of an order
under this subsection in any case in which he determines that the
failure to do so would result in the likelihood of serious harm to life
or property. However, the Secretary shall include in such an order an
opportunity for hearing as soon as practicable after issuance of an
order.
(Pub. L. 96-129, title II, 209, Nov. 30, 1979, 93 Stat. 1010.)
This chapter, referred to in subsec. (a)(1), was in the original
''this title'', meaning title II of Pub. L. 96-129, Nov. 30, 1979, 93
Stat. 1003, as amended, known as the Hazardous Liquid Pipeline Safety
Act of 1979, which is classified principally to this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 2001 of this Appendix and Tables.
This Act, referred to in subsec. (a)(2), is Pub. L. 96-129, Nov.
30, 1979, 93 Stat. 989, as amended, known as the Pipeline Safety Act of
1979, which enacted this chapter and sections 1674a, 1674b, 1679a, and
1679b of this Appendix, amended sections 1671 to 1674, 1675 to 1677,
1679a, 1680 to 1684, and 1811 of this Appendix, repealed sections 1678
and 1679 of this Appendix and sections 831 to 835 of Title 18, Crimes
and Criminal Procedure, and enacted provisions set out as notes under
sections 1671, 1672, 1682, and 2001 of this Appendix and section 831 of
Title 18. For complete classification of this Act to the Code, see
Short Title note set out under section 1671 of this Appendix and Tables.
The Federal Rules of Criminal Procedure, referred to in subsec. (a)(
2), are set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
49 USC 2009. Inspection and maintenance plan
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Plan requirement; applicability; practicability
Each person who engages in the transportation of hazardous liquids or
who owns or operates pipeline facilities shall prepare, maintain at such
office or offices of that person as the Secretary determines
appropriate, and carry out a current written plan for inspection and
maintenance of each facility used in that transportation and owned or
operated by that person in accordance with regulations prescribed by the
Secretary or, where a certification or agreement pursuant to section
2004 of this Appendix is in effect, by the appropriate State agency.
The Secretary may, by regulation, also require persons who engage in the
transportation of hazardous liquids or who own or operate pipeline
facilities subject to the provisions of this chapter to file such plans
for approval. A plan required by this subsection shall be practicable
and designed to meet the need for pipeline safety and shall be made
available to the Secretary or appropriate State agency upon request
pursuant to section 2010 of this Appendix. Such plans shall include
terms designed to enhance the ability to discover safety-related
conditions described in section 2002(a)(2) of this Appendix.
(b) Revision; notice; hearing; considerations
If the Secretary or appropriate State agency finds that a plan
required under this section is inadequate to achieve safe operation of
pipeline facilities, the Secretary or appropriate State agency shall,
after notice and opportunity for a hearing, require the plan to be
revised. In determining the adequacy of a plan filed under this
section, the Secretary or appropriate State agency shall consider --
(1) relevant available pipeline safety data;
(2) whether the plan is appropriate for the particular type of
pipeline transportation or facility;
(3) the reasonableness of the plan; and
(4) the extent to which such plan will contribute to public safety.
(c) Feasibility study; costs; recommendations; report to Congress
(1) The Secretary shall study the feasibility of and costs connected
with requiring various methods of testing and inspecting hazardous
liquid pipeline facilities subject to the provisions of this chapter.
In carrying out such study, the Secretary shall evaluate any new
technologies available for monitoring, from the outside or the inside,
the condition of such facilities.
(2) The Secretary shall make recommendations, based on the study
undertaken under this subsection and on consultations between the
Secretary and the Technical Hazardous-Liquid Pipeline Safety Standards
Committee established under section 2003 of this Appendix, as to the
frequency and type of testing and inspection of pipeline facilities
which should be required, taking into account --
(A) the location of the pipeline facilities;
(B) the type, age, manufacturer, method of construction, and
condition of the pipeline facilities;
(C) the nature of the materials transported through the pipeline
facilities, the sequence in which such materials are transported, and
the pressure at which they are transported;
(D) the climatic, geologic, and seismic characteristics of, and
conditions (including soil characteristics) associated with the areas in
which the pipeline facilities are located, and the existing and
projected population and demographic characteristics associated with
such areas;
(E) the frequency of leaks, if any;
(F) the costs of the various available methods; and
(G) any other factors the Secretary determines to be relevant to the
safety of the pipeline facilities.
(3) The Secretary shall submit to the Congress a report detailing the
results of the study undertaken under this subsection and setting forth
the recommendations made under paragraph (2) no later than one year
after October 11, 1984.
(d) Secretary's responsibilities
(1) In general
The Secretary shall inspect and, as appropriate, shall require
testing of pipeline facilities subject to this chapter and not covered
by an agreement or certification under section 2004 of this Appendix to
ensure the safety of such pipeline facilities. To the extent and in
such amounts as are provided in advance by appropriation Acts, such
inspections shall be at intervals determined under paragraph (2) but no
less frequently than once every 2 years thereafter. Such inspections
shall begin as soon as feasible, but in no event more than 1 year after
October 31, 1988. Such testing shall be performed using the most
appropriate technology practicable.
(2) Criteria for frequency and type
The frequency and type of inspection and testing under this
subsection shall be determined by the Secretary on a case-by-case basis
after consideration of the following factors:
(A) The location of the pipeline facilities.
(B) The type, size, age, manufacture, method of construction, and
condition of the pipeline facilities.
(C) The nature and volume of the materials transported through the
pipeline facilities and the pressure at which they are transported.
(D) The climatic, geologic, and seismic characteristics of, and
conditions (including soil characteristics) associated with the areas in
which the pipeline facilities are located, and the existing and
projected population and demographic characteristics associated with
such areas.
(E) The frequency of leaks, if any.
(F) Any other factors determined by the Secretary to be relevant to
the safety of pipeline facilities.
(Pub. L. 96-129, title II, 210, Nov. 30, 1979, 93 Stat. 1011; Pub.
L. 98-464, 5, Oct. 11, 1984, 98 Stat. 1822; Pub. L. 99-516, 3(b)(2),
Oct. 22, 1986, 100 Stat. 2966; Pub. L. 100-561, title II, 207(a), (c),
Oct. 31, 1988, 102 Stat. 2811, 2812.)
This chapter, referred to in subsecs. (c)(1) and (d)(1), was in the
original ''this title'', meaning title II of Pub. L. 96-129, Nov. 30,
1979, 93 Stat. 1003, as amended, known as the Hazardous Liquid Pipeline
Safety Act of 1979, which is classified principally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 2001 of this Appendix and Tables.
1988 -- Subsec. (a). Pub. L. 100-561, 207(c), inserted at end ''Such
plans shall include terms designed to enhance the ability to discover
safety-related conditions described in section 2002(a)(2) of this
Appendix.''
Subsec. (c)(3). Pub. L. 100-561, 207(c), struck out at end ''Such
plans shall include terms designed to enhance the ability to discover
safety-related conditions described in section 2002(a)(2) of this
Appendix.''
Subsec. (d). Pub. L. 100-561, 207(a), added subsec. (d).
1986 -- Subsec. (c)(3). Pub. L. 99-516 inserted at end ''Such plans
shall include terms designed to enhance the ability to discover
safety-related conditions described in section 2002(a)(2) of this
Appendix.''
1984 -- Subsec. (c). Pub. L. 98-464 added subsec. (c).
49 USC 2010. Powers and duties of Secretary
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General authority
The Secretary may, to the extent necessary to carry out his
responsibilities under this chapter, conduct investigations, make
reports, issue subpenas, conduct hearings, require the production of
relevant documents and records, take depositions, and conduct, directly
or, by contract, or otherwise, research, testing, development,
demonstration, and training activities; however, before the Secretary
may exercise authority under this section to require testing of portions
of pipeline facilities subject to the provisions of this chapter which
have been involved in or affected by an accident, he shall make every
effort to negotiate a mutually acceptable plan with the owner of such
facilities and, where appropriate, the National Transportation Safety
Board for performing such testing. Prior to requiring such testing, the
Secretary shall notify the appropriate State official in the State in
which the affected pipeline facility is located. In conducting training
activities for State or local government personnel in the enforcement of
regulations issued under this Act, the Secretary may not assess any
charge or fee in the nature of tuition.
(b) Records and reports of persons engaged in transportation of
hazardous liquids or who own or operate pipeline facilities
Each person who engages in the transportation of hazardous liquids or
who owns or operates pipeline facilities shall establish and maintain
such records, make such reports, and provide such information as the
Secretary may reasonably require, and shall submit such reports and
shall make such records and information available as the Secretary may
request, to enable him to determine whether such person has acted or is
acting in compliance with this chapter and the standards or orders
issued under this chapter.
(c) Inspection of records and property
Officers, employees, or agents authorized by the Secretary, upon
presenting appropriate credentials to the person in charge, are
authorized to enter upon, inspect, and examine, at reasonable times and
in a reasonable manner, the records and properties of persons to the
extent such records and properties are relevant to determining whether
such persons have acted or are acting in compliance with this chapter
and the standards or orders issued under this chapter.
(d) Availability of accident reports and research and demonstration
project reports
Accident reports made by any officer, employee, or agent of the
Department of Transportation shall be available for use in any civil,
criminal, or other judicial proceeding arising out of such accident.
Any such officer, employee, or agent may be required to testify in such
proceedings as to the facts developed in such investigations. Any such
report shall be made available to the public in a manner which need not
identify individuals. All reports on research projects, demonstration
projects, and other related activities shall be public information.
(e) Disclosure of information relating to trade secrets
All information reported to or otherwise obtained by the Secretary or
his representative pursuant to subsection (a), (b), or (c) of this
section which information contains or relates to a trade secret referred
to in section 1905 of title 18 shall be considered confidential for the
purpose of that section, except that such information may be disclosed
to other officers or employees concerned with carrying out this chapter
or when relevant in any proceeding under this chapter. Nothing in this
section shall authorize the withholding of information by the Secretary
or any officer, employee, or agent under his control, from the duly
authorized committees of the Congress.
(Pub. L. 96-129, title II, 211, Nov. 30, 1979, 93 Stat. 1012; Pub.
L. 98-464, 7(b), Oct. 11, 1984, 98 Stat. 1823; Pub. L. 100-561, title
II, 208, Oct. 31, 1988, 102 Stat. 2812.)
This Act, referred to in subsec. (a), is Pub. L. 96-129, Nov. 30,
1979, 93 Stat. 989, as amended, known as the Pipeline Safety Act of
1979, which enacted this chapter and sections 1674a, 1674b, 1679a, and
1679b of this Appendix, amended sections 1671 to 1674, 1675 to 1677,
1679a, 1680 to 1684, and 1811 of this Appendix, repealed sections 1678
and 1679 of this Appendix and sections 831 to 835 of Title 18, Crimes
and Criminal Procedure, and enacted provisions set out as notes under
sections 1671, 1672, 1682, and 2001 of this Appendix and section 831 of
Title 18. For complete classification of this Act to the Code, see
Short Title note set out under section 1671 of this Appendix and Tables.
1988 -- Subsec. (a). Pub. L. 100-561 inserted after first sentence
''Prior to requiring such testing, the Secretary shall notify the
appropriate State official in the State in which the affected pipeline
facility is located.''
1984 -- Subsec. (a). Pub. L. 98-464 inserted sentence at end
providing that in conducting training activities for State or local
government personnel in the enforcement of regulations issued under this
Act, the Secretary may not assess any charge or fee in the nature of
tuition.
49 USC 2011. Administration
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Information furnished to Federal Energy Regulatory Commission
Upon request, the Secretary shall furnish to the Federal Energy
Regulatory Commission or any appropriate State agency, with respect to
matters under their jurisdiction, any information he has concerning the
safety of any materials, operations, devices, or processes relating to
the transportation of hazardous liquids or the operation of pipeline
facilities.
(b) Cooperation with other agencies
The Secretary is authorized to advise, assist, and cooperate with
other Federal departments and agencies and State and other interested
public and private agencies and persons, in the planning and development
of (1) Federal safety standards relating to hazardous liquids, and (2)
methods for inspecting and testing to determine compliance with Federal
safety standards relating to hazardous liquids.
(c) Consultation with other agencies
The Secretary is authorized to consult with, and make recommendations
to, other Federal departments and agencies, State and local governments,
and other public and private agencies or persons, for the purpose of
developing and encouraging activities, including the enactment of
legislation, to assist in the implementation of this chapter and to
improve State and local pipeline safety programs relating to hazardous
liquids.
(d) Coordination procedures
Not later than 1 year after October 31, 1988, the Secretary, after
consultation with appropriate State officials, shall establish
procedures to promote more effective coordination between the agencies
of the United States and of the States with regulatory authority over
pipeline facilities with respect to responses to pipeline accidents.
(Pub. L. 96-129, title II, 212, Nov. 30, 1979, 93 Stat. 1013; Pub.
L. 100-561, title II, 209, Oct. 31, 1988, 102 Stat. 2812.)
1988 -- Subsec. (d). Pub. L. 100-561 added subsec. (d).
Pipeline safety user fees, see section 1682a of this Appendix.
49 USC 2012. Annual report
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Submittal to Congress; contents
The Secretary shall prepare and submit to the Congress on April 15 of
each year a comprehensive report on the administration of this chapter
for the preceding calendar year. Such report shall include --
(1) a thorough compilation of the leak repairs, accidents, and
casualties occurring in such year with a statement of cause whenever
investigated and determined by the National Transportation Safety Board;
(2) a list of Federal hazardous liquid pipeline safety standards
established or in effect in such year with identification of standards
newly established during such year;
(3) a summary of the reasons for each waiver granted under section
2002(h) of this Appendix during such year;
(4) an evaluation of the degree of observance of applicable safety
standards for the transportation of hazardous liquids and pipeline
facilities including a list of enforcement actions, and compromises of
alleged violations by location and company name;
(5) a summary of outstanding problems confronting the administration
of this chapter in order of priority;
(6) an analysis and evaluation of research activities, including the
policy implications thereof, completed as a result of Government and
private sponsorship and technological progress for safety achieved
during such year;
(7) a list, with a brief statement of the issues, of completed or
pending judicial actions under the chapter;
(8) the extent to which technical information was disseminated to the
scientific community and consumer-oriented information was made
available to the public;
(9) a compilation of --
(A) certifications filed by State agencies (including municipalities)
under section 2004(a) of this Appendix which were in effect during the
preceding calendar year, and
(B) certifications filed under section 2004(a) of this Appendix which
were rejected by the Secretary during the preceding calendar year,
together with a summary of the reasons for such rejection; and
(10) a compilation of --
(A) agreements entered into with State agencies (including
municipalities) under section 2004(b) of this Appendix which were in
effect during the preceding calendar year, and
(B) agreements entered into under section 2004(b) of this Appendix
which were terminated by the Secretary during the preceding calendar
year, together with a summary of the reasons for each such termination.
(11) a description of the number and qualifications of State pipeline
safety inspectors in each State for which a certification or agreement
is in effect under section 2004 of this Appendix, together with the
number of such pipeline inspectors (and their qualifications) which the
Secretary recommends for that State.
(b) Recommendations for additional legislation
The report required by subsection (a) of this section shall contain
such recommendations for additional legislation as the Secretary deems
necessary to promote cooperation among the several States in the
improvement of hazardous liquid pipeline safety programs.
(c) Report satisfying requirement of this section and section 1683
The Secretary is authorized to submit one annual report in
satisfaction of the report requirements of this section and of section
1683 of this Appendix.
(Pub. L. 96-129, title II, 213, Nov. 30, 1979, 93 Stat. 1013; Pub.
L. 98-464, 3(b), Oct. 11, 1984, 98 Stat. 1821.)
1984 -- Subsec. (a). Pub. L. 98-464 struck out ''to the President
for transmittal'' after ''prepare and submit'' and substituted ''April
15'' for ''June 15'' in introductory provisions.
49 USC 2013. Authorization of appropriations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) For the purpose of carrying out the provisions of this chapter
(other than provisions for which funds are authorized to be appropriated
under subsection (b) of this section or section 1684(c) of this
Appendix), there are authorized to be appropriated --
(1) $1,800,000, for the fiscal year ending September 30, 1980;
(2) $2,100,000, for the fiscal year ending September 30, 1981;
(3) $900,000, for the fiscal year ending September 30, 1985;
(4) $875,000 for the fiscal year ending September 30, 1986;
(5) $800,000 for the fiscal year ending September 30, 1987;
(6) $921,000 for the fiscal year ending September 30, 1988;
(7) $995,000 for the fiscal year ending September 30, 1989;
(8) $1,021,000 for the fiscal year ending September 30, 1990; and
(9) $1,067,000 for the fiscal year ending September 30, 1991.
The Secretary may credit to any appropriation authorized under this
subsection funds received from non-Federal sources for reimbursement for
expenses incurred by the Secretary in providing training.
(b) For the purpose of carrying out the Federal grants-in-aid
provisions of section 2004 of this Appendix, there are authorized to be
appropriated --
(1) $500,000, for the fiscal year ending September 30, 1980;
(2) $535,000, for the fiscal year ending September 30, 1981; and
(3) $500,000, for the fiscal year ending September 30, 1985.
(Pub. L. 96-129, title II, 214, Nov. 30, 1979, 93 Stat. 1014; Pub.
L. 98-464, 2, Oct. 11, 1984, 98 Stat. 1821; Pub. L. 99-272, title VII,
7002(b)(3), 7004, Apr. 7, 1986, 100 Stat. 139, 140; Pub. L. 99-516, 2,
Oct. 22, 1986, 100 Stat. 2965; Pub. L. 100-561, title II, 210, Oct.
31, 1988, 102 Stat. 2812.)
1988 -- Subsec. (a). Pub. L. 100-561 added pars. (6) to (9) and
sentence at end.
1986 -- Subsec. (a). Pub. L. 99-272, 7002(b)(3), inserted reference
to section 1684(c) of this Appendix.
Subsec. (a)(4). Pub. L. 99-272, 7004, added par. (4).
Subsec. (a)(5). Pub. L. 99-516 added par. (5).
1984 -- Subsec. (a)(3). Pub. L. 98-464 added par. (3).
Subsec. (b)(3). Pub. L. 98-464 added par. (3).
49 USC 2014. Citizens civil action
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Injunctive relief
Except as provided in subsection (b) of this section, any person may
commence a civil action for mandatory or prohibitive injunctive relief,
including interim equitable relief, against any other person (including
any State, municipality, or other governmental entity to the extent
permitted by the eleventh amendment to the Constitution, and the United
States) who is alleged to be in violation of this chapter or of any
order or regulation issued under this chapter. The district courts of
the United States shall have jurisdiction over actions brought under
this section, without regard to the amount in controversy or the
citizenship of the parties.
(b) Restrictions
No civil action may be commenced under subsection (a) of this section
with respect to any alleged violation of this chapter or any order or
regulation issued under this chapter --
(1) prior to the expiration of 60 days after the plaintiff has given
notice of such alleged violation to the Secretary (or to the applicable
State agency in the case of a State which has been certified under
section 2004(a) of this Appendix and in which the violation is alleged
to have occurred), and to any person who is alleged to have committed
such violation; or
(2) if the Secretary (or such State agency) has commenced and is
diligently pursuing administrative proceedings or the Attorney General
of the United States (or the chief law enforcement officer of such
State) has commenced and is diligently pursuing judicial proceedings
with respect to such alleged violation.
Notice under this subsection shall be given in such manner as the
Secretary shall prescribe by regulation.
(c) Intervention by Attorney General
In any action under subsection (a) of this section, the Secretary
(with the concurrence of the Attorney General) or the Attorney General
may intervene as a matter of right.
(d) Effect on rights under any statute or at common law
Nothing in this section shall restrict any right which any person (or
class of persons) may have under any statute or at common law to seek
enforcement of this chapter or any order or regulation under this
chapter or to seek any other relief.
(e) Costs and attorney's fees
In any action under this section the court may, in the interest of
justice, award the costs of suit, including reasonable attorney's fees
and reasonable expert witnesses fees, to a prevailing plaintiff. Such
court may, in the interest of justice, award such costs to a prevailing
defendant whenever such action is unreasonable, frivolous, or meritless.
For purposes of this subsection, a reasonable attorney's fee is a fee
(1) which is based upon (A) the actual time expended by an attorney in
providing advice and other legal services in connection with
representing a person in an action brought under this section, and (B)
such reasonable expenses as may be incurred by the attorney in the
provision of such services, and (2) which is computed at the rate
prevailing for the provision of similar services with respect to actions
brought in the court which is awarding such fee.
(f) Violations of State safety standards
For purposes of this section, a violation of any safety standard or
practice of any State shall be deemed to be a violation of this chapter
or of any order or regulation under this chapter only to the extent that
such standard or practice is not more stringent than the comparable
Federal safety standard.
(Pub. L. 96-129, title II, 215, Nov. 30, 1979, 93 Stat. 1014.)
49 USC 2015. Carbon dioxide
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
In addition to hazardous liquids, the Secretary shall regulate under
this chapter carbon dioxide which is transported by pipeline facilities.
(b) Regulations
The Secretary, as necessary and appropriate, shall amend regulations
issued with respect to hazardous liquids under this chapter and shall
issue new regulations to ensure the safe transportation of carbon
dioxide by pipeline facilities.
(Pub. L. 96-129, title II, 219, as added Pub. L. 100-561, title II,
211(a), Oct. 31, 1988, 102 Stat. 2813.)
This chapter, referred to in text, was in the original ''this
title'', meaning title II of Pub. L. 96-129, Nov. 30, 1979, 93 Stat.
1003, as amended, known as the Hazardous Liquid Pipeline Safety Act of
1979, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out
under section 2001 of this Appendix and Tables.
Section 211(c) of Pub. L. 100-561 provided that: ''Section 219(a)
of the Hazardous Liquid Pipeline Safety Act of 1979 (subsec. (a) of this
section), as added by subsection (a) of this section, shall take effect
18 months after the date of the enactment of this Act (Oct. 31, 1988).''
49 USC CHAPTER 30 -- ABATEMENT OF AVIATION NOISE
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2101. Definitions.
2102. Establishment of single systems of noise measurement and noise
exposure, and identification of land uses compatible with noise
exposures; regulations.
2103. Noise exposure map; preparation, submission, contents,
revision, etc; funds for airport noise compatibility planning.
2104. Noise compatibility program.
(a) Prerequisites, notice and hearing, submission, contents, etc.
(b) Approval or disapproval requirements.
(c) Grant authorities; scope, availability, etc., of grants.
(d) Liability of United States for damages pursuant to program.
(e) Funding.
2105. Noise exposure map and compatibility program for Washington
National and Dulles International airports; preparation and
publication.
2106. Prohibition on use of noise exposure map, etc., in noise
suits.
2107. Limitations on suits by property owners for noise damages.
2108. Planning and program studies; report to Congress.
2121. Definitions.
2122. Compliance for international carriers; prerequisites,
procedures applicable, etc.
2123. New technology aircraft incentives pursuant to exemptions;
criteria, duration, etc.
2124. Small community service exemptions.
(a) Applicability.
(b) Termination.
(c) Seating configuration of aircraft.
2125. Tradeoff allowance.
49 USC SUBCHAPTER I -- AIRPORT NOISE
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2101. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this subchapter --
(1) the term ''airport'' means any public-use airport (as defined by
section 503(18) of the Airport and Airway Improvement Act of 1982) (49
App. U.S.C. 2202(a)(18));
(2) the term ''airport operator'' means, in the case of an airport
serving air carriers certificated by the Civil Aeronautics Board, any
person holding a valid certificate issued pursuant to section 612 of the
Federal Aviation Act of 1958 (49 U.S.C. 1432) to operate an airport,
and, in the case of any other airport, the person operating such
airport; and
(3) the term ''Secretary'' means the Secretary of Transportation.
(Pub. L. 96-193, title I, 101, Feb. 18, 1980, 94 Stat. 50; Pub. L.
97-248, title V, 524(b)(1), (2), Sept. 3, 1982, 96 Stat. 696; Pub. L.
100-223, title I, 103(f), Dec. 30, 1987, 101 Stat. 1489.)
1987 -- Par. (1). Pub. L. 100-223 substituted ''section 503(18)''
for ''section 503(17)''.
1982 -- Par. (1). Pub. L. 97-248, 524(b)(1), substituted
''public-use airport (as defined by section 503(17) of the Airport and
Airway Improvement Act of 1982'' for ''air carrier airport whose
projects for airport development are eligible for terminal development
costs under section 1720(b) of this Appendix''.
Par. (2). Pub. L. 97-248, 524(b)(2), inserted '', in the case of an
airport serving air carriers certificated by the Civil Aeronautics
Board,'' after ''means'' and '', and, in the case of any other airport,
the person operating such airport'' after ''operate an airport''.
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section
523(b) of Pub. L. 97-248, set out as an Effective Date note under
section 2201 of this Appendix.
Section 1 of Pub. L. 96-193 provided: ''That this Act (enacting
this chapter and sections 1359 and 1731 of this Appendix, amending
sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this Appendix, and
enacting provisions set out as a note under section 1348 of this
Appendix) may be cited as the 'Aviation Safety and Noise Abatement Act
of 1979'.''
Functions; Termination of Authority
Civil Aeronautics Board terminated on Jan. 1, 1985, and functions,
powers, and duties of Board terminated or transferred by section 1551 of
this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
49 USC 2102. Establishment of single systems of noise measurement and
noise exposure, and identification of land uses compatible with noise
exposures; regulations
TITLE 49, APPENDIX -- TRANSPORTATION
Not later than the last day of the twelfth month which begins after
February 18, 1980, the Secretary, after consultation with the
Administrator of the Environmental Protection Agency and such other
Federal, State, and interstate agencies as he deems appropriate, shall
by regulation --
(1) establish a single system of measuring noise, for which there is
a highly reliable relationship between projected noise exposure and
surveyed reactions of people to noise, to be uniformly applied in
measuring the noise at airports and the areas surrounding such airports;
(2) establish a single system for determining the exposure of
individuals to noise which results from the operations of an airport and
which includes, but is not limited to, noise intensity, duration,
frequency, and time of occurrence; and
(3) identify land uses which are normally compatible with various
exposures of individuals to noise.
(Pub. L. 96-193, title I, 102, Feb. 18, 1980, 94 Stat. 50.)
49 USC 2103. Noise exposure map; preparation, submission, contents,
revision, etc.; funds for airport noise compatibility planning
TITLE 49, APPENDIX -- TRANSPORTATION
(a)(1) After the effective date of the regulations promulgated in
accordance with section 2102 of this Appendix, any airport operator of
an airport may submit to the Secretary a noise exposure map, prepared in
consultation with any public agencies and planning agencies in the area
surrounding such airport, which sets forth, in accordance with the
regulations promulgated pursuant to section 2102 of this Appendix, the
noncompatible uses in each area of the map, as of the date of submission
of such map, a description of the projected aircraft operations at such
airport during 1985, and the ways, if any, in which such operations will
affect such map.
(2) If, after the submission to the Secretary of a noise exposure map
under paragraph (1), any change in the operation of an airport would
create any substantial new noncompatible use in any area surrounding
such airport, the operator of such airport shall submit a revised noise
exposure map showing such new noncompatible use.
(b)(1) The Secretary is authorized to incur obligations to make
grants from funds made available under section 505 of the Airport and
Airway Improvement Act of 1982 (49 App. U.S.C. 2204) for airport noise
compatibility planning to sponsors of airports. The United States share
of any airport noise compatibility planning grant under this section
shall be that percent for which a project for airport development at
that airport would be eligible under section 510 of the Airport and
Airway Improvement Act of 1982 (49 App. U.S.C. 2209).
(2) For purposes of this chapter, the term ''airport noise
compatibility planning'' means the development for planning purposes of
information necessary to prepare and submit (A) the noise exposure map
and related information pursuant to subsection (a) of this section,
including any cost associated with obtaining such information, or (B) a
noise compatibility program for submission pursuant to section 2104 of
this Appendix.
(Pub. L. 96-193, title I, 103, Feb. 18, 1980, 94 Stat. 50; Pub. L.
97-248, title V, 524(b)(3), Sept. 3, 1982, 96 Stat. 696.)
This chapter, referred to in subsec. (b)(2), was in the original
''this Act'', meaning Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50,
known as the Aviation Safety and Noise Abatement Act of 1979, which
enacted this chapter and sections 1359 and 1731 of this Appendix,
amended sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this
Appendix, and enacted provisions set out as notes under sections 1348
and 2101 of this Appendix. For complete classification of this Act to
the Code, see Short Title note set out under section 2101 of this
Appendix and Tables.
Prior to amendment by section 524(b)(3) of Pub. L. 97-248, this
section consisted of pars. (1) and (2) of section 103(a) of Pub. L.
96-193. Section 524(b)(3) of Pub. L. 97-248 completely revised subsec.
(b) of section 103 of Pub. L. 96-193, which had previously amended
sections 1711 and 1713 of this title, with the result that the existing
provision of this section was designated as subsec. (a) and subsec.
(b) was added.
1982 -- Subsec. (b). Pub. L. 97-248 added subsec. (b). See
Codification note above.
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section
523(b) of Pub. L. 97-248, set out as an Effective Date note under
section 2201 of this Appendix.
49 USC 2104. Noise compatibility program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prerequisites, notice and hearing, submission, contents, etc.
Any airport operator who has submitted a noise exposure map and the
related information pursuant to section 2103(a)(1) of this Appendix may,
after consultation with the officials of any public agencies and
planning agencies in the area surrounding such airport, the Federal
officials having local responsibility for such airport, and any air
carriers using such airport and after notice and an opportunity for a
public hearing, submit a noise compatibility program to the Secretary.
Such program shall set forth the measures which such operator has taken
or proposes for the reduction of existing noncompatible uses and the
prevention of the introduction of additional noncompatible uses within
the area covered by the noise exposure map submitted by such operator.
Such measures may include, but are not limited to --
(1) the implementation of any preferential runway system;
(2) the implementation of any restriction on the use of such airport
by any type or class of aircraft based on the noise characteristics of
such aircraft;
(3) the construction of barriers and acoustical shielding, including
the soundproofing of public buildings;
(4) the use of flight procedures to control the operation of aircraft
to reduce exposure of individuals to noise in the area surrounding the
airport; and
(5) acquisition of land and interests therein, including, but not
limited to, air rights, easements, and development rights, so as to
assure the use of property for purposes which are compatible with
airport operations.
(b) Approval or disapproval requirements
The Secretary shall approve or disapprove any program submitted to
him pursuant to subsection (a) of this section (other than as such
program relates to flight procedures referred to in subsection (a)(4) of
this section) within one hundred and eighty days after it is received by
him. The Secretary shall approve such program (other than as such
program relates to flight procedures referred to in subsection (a)(4) of
this section) (A) if the measures to be undertaken in carrying out such
program (i) do not create an undue burden on interstate or foreign
commerce, and (ii) are reasonably consistent with obtaining the goal of
reducing existing noncompatible uses and preventing the introduction of
additional noncompatible uses, and (B) if the program provides for its
revision made necessary by any revised noise exposure map submitted
under section 2103(a)(2) of this Appendix. Failure of the Secretary to
approve or disapprove such program (other than as such program relates
to flight procedures referred to in subsection (a)(4) of this section)
within such time period shall be deemed to be an approval of such
program. With respect to any part of such program which relates to such
flight procedures, the Secretary shall provide such part of such program
to the Administrator of the Federal Aviation Administration who shall
either approve or disapprove such part of such program.
(c) Grant authorities; scope, availability, etc., of grants
(1) The Secretary is authorized to incur obligations to make grants
under this chapter from funds made available under section 505 of the
Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2204) for any
project to carry out a noise compatibility program or parts thereof not
disapproved under subsection (b) of this section. Grants under this
chapter may be made to operators of airports submitting noise
compatibility programs and to units of local government in the area
surrounding such airports if the Secretary determines such units have
the capability to carry out projects for which grant applications are
made in accordance with such noise compatibility programs. Such airport
operator may in turn agree to make the grant available to public
agencies in the area surrounding such airports if the Secretary
determines such agencies have the capability to carry out projects for
which grant applications are made in accordance with such noise
compatibility programs. The Federal share of any project for which a
grant is made under this subsection shall be 80 percent of the cost of
the project or the Federal share which would be applicable to such
project if the funds made available for such project were being made
available under the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2201 et seq.) for a project at the airport, whichever percentage
is greater. All of the provisions of the Airport and Airway Improvement
Act of 1982 applicable to project grants made under section 505 of that
Act (49 App. U.S.C. 2204) (except section 510 of that Act relating to
United States share of project costs (49 App. U.S.C. 2209)) shall be
applicable to any grant made under this chapter, unless the Secretary
determines that any provision of such Act of 1982 is inconsistent with,
or unnecessary to carry out, the purposes of this chapter.
(2) The Secretary, further, is authorized under this section to make
grants to operators of airports and to units of local government
referred to in paragraph (1) for any project to carry out a noise
compatibility program developed prior to February 18, 1980, or the
promulgation of its implementing regulations if the Secretary determines
that such prior program is substantially consistent with the purposes of
reducing existing uses and preventing the introduction of additional
noncompatible uses and that the purposes of this chapter would be
furthered by prompt implementation of such program.
(3) The Secretary is authorized under this section to make grants to
operators of airports and to units of local government referred to in
paragraph (1) for any project to soundproof any building (A) which is
used primarily for educational or medical purposes in the noise impact
area surrounding such airport, and (B) which is determined to be
adversely affected by airport noise.
(d) Liability of United States for damages pursuant to program
The United States shall not be liable for damages resulting from
aviation noise by reason of any action taken by the Secretary or the
Administrator of the Federal Aviation Administration under this section.
(e) Funding
The Secretary shall obligate from funds available for expenditure
under section 14(a)(3) of the Airport and Airway Development Act of 1970
(49 App. U.S.C. 1714(a)(3)), not less than $25,000,000, for the fiscal
year ending September 30, 1980, for making grants under subsection (c)
of this section.
(Pub. L. 96-193, title I, 104, Feb. 18, 1980, 94 Stat. 51; Pub. L.
97-248, title V, 524(b)(4), Sept. 3, 1982, 96 Stat. 696; Pub. L.
100-223, title III, 301(a)-(c), Dec. 30, 1987, 101 Stat. 1523; Pub. L.
102-143, title III, 336, Oct. 28, 1991, 105 Stat. 947.)
This chapter, referred to in subsec. (c), was in the original ''this
Act'', meaning Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50, as
amended, known as the Aviation Safety and Noise Abatement Act of 1979,
which enacted this chapter and sections 1359 and 1731 of this Appendix,
amended sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this
Appendix, and enacted provisions set out as a note under section 1348 of
this Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 2101 of this Appendix and Tables.
The Airport and Airway Improvement Act of 1982, referred to in
subsec. (c)(1), is title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat.
671, as amended, which is classified principally to chapter 31 ( 2201
et seq.) of this Appendix. For complete classification of this Act to
the Code, see Short Title note set out under section 2201 of this
Appendix and Tables.
Section 14(a)(3) of the Airport and Airway Development Act of 1970
(49 App. U.S.C. 1714(a)(3)), referred to in subsec. (e), was repealed
by Pub. L. 97-248, title V, 523(a), Sept. 3, 1982, 96 Stat. 695.
1991 -- Subsec. (c)(3). Pub. L. 102-143 struck out ''public'' before
''building''.
1987 -- Subsec. (a). Pub. L. 100-223, 301(a), inserted ''and after
notice and an opportunity for a public hearing'' in introductory
provisions.
Subsec. (c)(1). Pub. L. 100-223, 301(b), inserted ''or the Federal
share which would be applicable to such project if the funds made
available for such project were being made available under the Airport
and Airway Improvement Act of 1982 (49 App. U.S.C. 2201 et seq.) for a
project at the airport, whichever percentage is greater'' before period
at end of fourth sentence.
Subsec. (c)(3). Pub. L. 100-223, 301(c), added par. (3).
1982 -- Subsec. (c)(1). Pub. L. 97-248 substituted ''section 505 of
the Airport and Airway Improvement Act of 1982'' for ''subsection (e) of
this section'' in first sentence, and substituted references to the
Airport and Airway Improvement Act of 1982 for references to the Airport
and Airway Development Act of 1970 in last sentence.
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section
523(b) of Pub. L. 97-248, set out as an Effective Date note under
section 2201 of this Appendix.
Section 301(d) of Pub. L. 100-223 provided that:
''(1) Study. -- The Secretary shall conduct a study of the procedures
established under the Aviation Safety and Noise Abatement Act of 1979
(see Short Title note set out under section 2101 of this Appendix) for
the preparation and submission of noise compatibility programs. The
objectives of such study shall be to determine whether or not such
procedures could be revised to provide a more simplified process which
meet the objectives of such Act and to determine whether or not
expedited and simplified procedures which meet the objectives of such
Act could be developed to take into account special circumstances at
certain airports.
''(2) Consultation requirement. -- In undertaking the study under
this subsection, the Secretary shall consult airports, airport users
(including air carriers), representatives of persons residing in areas
surrounding airports, concerned Federal, State, and local officials, and
other interested persons.
''(3) Report. -- Not later than 18 months after the date of the
enactment of this Act (Dec. 30, 1987), the Secretary shall transmit to
Congress a report on the results of the study conducted under paragraph
(1) together with recommendations.
''(4) Funding during study. --
''(A) Congressional intent. -- It is the intention of Congress that
the authority of the Secretary to make grants under section 104(c)(2) of
the Aviation Safety and Noise Abatement Act of 1979 (subsec. (c)(2) of
this section) to airport operators and units of local government to
implement noise compatibility programs that were developed prior to the
promulgation of implementing regulations under such Act if the Secretary
determines that such programs would further the purposes of such Act
shall continue until such programs are fully implemented but not later
than the last day of the 18-month period beginning on the date of the
enactment of this Act (Dec. 30, 1987), notwithstanding any other
provision of law and any rule or regulation promulgated pursuant to any
other provision of law.
''(B) Continuation. -- In order to carry out the intent specified in
subparagraph (A), grants may continue to be made under section 104(c)(
2) of the Aviation Safety and Noise Abatement Act of 1979 (subsec. (c)(
2) of this section) for noise compatibility programs or projects
previously approved under such program during the 18-month period
beginning on the date of the enactment of this Act (Dec. 30, 1987), if
--
''(i) the operator of the airport involved submits updated noise
exposure contours, as required by the Secretary; and
''(ii) the Secretary determines that such programs or projects are
compatible with the purposes of such Act.''
49 USC 2105. Noise exposure map and compatibility program for
Washington National and Dulles International airports; preparation and
publication
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary, acting through the Administrator of the Federal
Aviation Administration, after consultation with the officials of any
public agencies or planning agencies in the area surrounding such
airport, shall prepare and publish a noise exposure map and a noise
compatibility program for the airport established by the Act of June 29,
1940 (54 Stat. 686) (49 App. U.S.C. 2401 et seq.), and the airport the
construction of which was authorized by the Act of September 7, 1950 (64
Stat. 770) (49 App. U.S.C. 2421 et seq.). Such map and program shall be
prepared and published in accordance with the requirements of this
chapter no later than 1 year after the effective date of the regulations
promulgated in accordance with section 2102 of this Appendix.
(Pub. L. 96-193, title I, 105, Feb. 18, 1980, 94 Stat. 53.)
The airports established by the Acts of June 29, 1940, and September
7, 1950, referred to in text, are known as Washington National Airport
and Washington Dulles International Airport.
Act of June 29, 1940 (54 Stat. 686), referred to in text, is act June
29, 1940, ch. 444, 54 Stat. 686, as amended, which is classified to
subchapter I ( 2401 et seq.) of chapter 33 of this Appendix.
Act of September 7, 1950 (64 Stat. 770), referred to in text, is act
Sept. 7, 1950, ch. 905, 64 Stat. 770, as amended, which is classified
to subchapter II ( 2421 et seq.) of chapter 33 of this Appendix.
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50, known as the
Aviation Safety and Noise Abatement Act of 1979, as amended, which
enacted this chapter and sections 1359 and 1731 of this Appendix,
amended sections 1472, 1512, 1711, 1713 to 1717, and 1742 of this
Appendix, and enacted provisions set out as a note under section 1348 of
this Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 2101 of this Appendix and Tables.
49 USC 2106. Prohibition on use of noise exposure map, etc., in noise
suits
TITLE 49, APPENDIX -- TRANSPORTATION
No part of any noise exposure map or related information described in
section 2103(a) of this Appendix submitted to, or prepared by, the
Secretary and no part of the list of land uses identified by the
Secretary as land uses which are normally compatible with various
exposures of individuals to noise shall be admitted as evidence, or used
for any other purpose, in any suit or action seeking damages or other
relief for the noise that results from the operation of an airport.
(Pub. L. 96-193, title I, 106, Feb. 18, 1980, 94 Stat. 53.)
49 USC 2107. Limitations on suits by property owners for noise damages
TITLE 49, APPENDIX -- TRANSPORTATION
(a) No person who acquires property or an interest therein after
February 18, 1980, in an area surrounding an airport with respect to
which a noise exposure map has been submitted under section 2103 of this
Appendix shall be entitled to recover damages with respect to the noise
attributable to such airport if such person had actual or constructive
knowledge of the existence of such noise exposure map unless, in
addition to any other elements for recovery of damages, such person can
show that --
(1) a significant change in the type or frequency of aircraft
operations at the airport; or
(2) a significant change in the airport layout; or
(3) a significant change in the flight patterns; or
(4) a significant increase in nighttime operations;
occurred after the date of the acquisition of such property or
interest therein and that the damages for which recovery is sought have
resulted from any such change or increase.
(b) For purposes of this section, constructive knowledge shall be
imputed, at a minimum, to any person who acquires property or an
interest therein in an area surrounding an airport after February 18,
1980, if --
(1) prior to the date of such acquisition, notice of the existence of
a noise exposure map for such area was published at least three times in
a newspaper of general circulation in the county in which such property
is located; or
(2) a copy of such noise exposure map is furnished to such person at
the time of such acquisition.
(Pub. L. 96-193, title I, 107, Feb. 18, 1980, 94 Stat. 53.)
49 USC 2108. Planning and program studies; report to Congress
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary shall study airport noise compatibility planning and
airport noise compatibility programs carried out with grants made under
this subchapter, to determine to what extent such planning and programs
are achieving the goals of reducing existing noncompatible uses of land
around airports and preventing the introduction of new noncompatible
uses around airports. Not later than January 1, 1981, the Secretary
shall submit a report to Congress setting forth the determinations made
pursuant to such studies together with legislative recommendations, if
any, which the Secretary determines necessary.
(Pub. L. 96-193, title I, 108, Feb. 18, 1980, 94 Stat. 54; Pub. L.
97-248, title V, 524(b)(5), Sept. 3, 1982, 96 Stat. 696.)
1982 -- Pub. L. 97-248 substituted ''airport noise compatibility
planning and'' for ''(1) airport noise compatibility planning carried
out with grants made under section 1713 of this Appendix, and (2)''.
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section
523(b) of Pub. L. 97-248, set out as an Effective Date note under
section 2201 of this Appendix.
49 USC SUBCHAPTER II -- NOISE STANDARDS
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2121. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this subchapter --
(1) the term ''noncomplying aircraft'' means any civil subsonic
turbojet powered aircraft (A) which (i) has a maximum certificated
takeoff weight of 75,000 pounds or more, and (ii) in the case of an
aircraft registered in the United States, has a standard airworthiness
certificate issued pursuant to section 1423(c) of this Appendix, and (B)
which does not comply with the noise standards prescribed for new
subsonic aircraft in regulations issued by the Secretary, acting through
the Administrator of the Federal Aviation Administration (14 CFR part
36), as such regulations were in effect on January 1, 1977; and
(2) the term ''Secretary'' means the Secretary of Transportation.
(Pub. L. 96-193, title III, 301, Feb. 18, 1980, 94 Stat. 55.)
49 USC 2122. Compliance for international carriers; prerequisites,
procedures applicable, etc.
TITLE 49, APPENDIX -- TRANSPORTATION
(a) If, by January 1, 1980, the International Civil Aviation
Organization (hereafter referred to as ''ICAO'') does not reach an
agreement (1) which adopts the noise standards prescribed for new
subsonic aircraft in regulations issued by the Secretary, acting through
the Administrator of the Federal Aviation Administration (14 CFR part
36), as such regulations were in effect on January 1, 1977, or (2) on
noise standards and an international schedule for compliance with ICAO
Noise Standards (annex 16) which are substantially compatible with the
standards set forth in such regulations issued by the Secretary (14 CFR
parts 36 and 91), the Secretary, acting through the Administrator, shall
commence a rulemaking to require all air carriers and foreign air
carriers engaging in foreign air transportation to comply with the noise
standards set forth in such regulations (14 CFR parts 36 and 91) or with
ICAO Noise Standards (annex 16) which are substantially compatible with
the standards set forth in such regulations issued by the Secretary (14
CFR parts 36 and 91) during the 5-year period thereafter, at a phased
rate of compliance similar to that in effect for aircraft registered in
the United States. The requirement applied to air carriers engaging in
foreign air transportation shall not be more stringent than those
applied to foreign air carriers. Such rulemaking shall be concluded
within 120 days.
(b) If, prior to January 1, 1980, the International Civil Aviation
Organization reaches an agreement on noise standards that complies with
clause (a)(1) or (a)(2) of this section, the Secretary, acting through
the Administrator of the Federal Aviation Administration, shall
immediately commence a rulemaking to require all air carriers and
foreign air carriers engaging in foreign air transportation to comply
with the noise standards set forth in such agreement at a phased rate of
compliance similar to that in effect for aircraft registered in the
United States. The requirement applied to air carriers engaging in
foreign air transportation shall not be more stringent than those
applied to foreign air carriers. Such rulemaking shall be concluded
within 120 days.
(Pub. L. 96-193, title III, 302, Feb. 18, 1980, 94 Stat. 56.)
49 USC 2123. New technology aircraft incentives pursuant to exemptions;
criteria, duration, etc.
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall provide an exemption from applicable noise
standards to permit the operation of any noncomplying three-engine
aircraft, but not beyond January 1, 1985, if (1) the operator of such
aircraft has a plan for the replacement of such aircraft which has been
approved by the Secretary, and (2) the operator of such aircraft has
entered into a binding contract by January 1, 1983, for delivery prior
to January 1, 1985, of a replacement aircraft which meets, at a minimum,
the noise standards for new type certificated aircraft set forth in
regulations issued by the Secretary, acting through the Administrator of
the Federal Aviation Administration, on March 2, 1978 (F.R. Vol. 43, p.
8722, et seq.).
(b) The Secretary shall provide an exemption from applicable noise
standards to permit the operation of any noncomplying two-engine
aircraft, but not beyond January 1, 1986, if (1) the operator of such
aircraft has a plan for the replacement of such aircraft which has been
approved by the Secretary, and (2) the operator of such aircraft has
entered into a binding contract by January 1, 1983, for delivery prior
to January 1, 1986, of a replacement aircraft which meets, at a minimum,
the noise standards for new type certificated aircraft set forth in
regulations issued by the Secretary, acting through the Administrator of
the Federal Aviation Administration, on March 2, 1978 (F.R. Vol. 43, p.
8722, et seq.).
(Pub. L. 96-193, title III, 303, Feb. 18, 1980, 94 Stat. 56.)
49 USC 2124. Small community service exemptions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Applicability
The Secretary shall provide an exemption from applicable noise
standards to any person operating a noncomplying two-engine aircraft to
permit such person to operate such aircraft.
(b) Termination
Any exemption issued pursuant to this section shall terminate on
whichever of the following dates first occurs:
(1) in the event such operator sells or otherwise disposes of such
aircraft to another person on or after January 1, 1983, on the date such
aircraft is delivered to such other person;
(2) in the case of an aircraft with a seating configuration of 100
passenger seats or less, on January 1, 1988; or
(3) in the case of an aircraft with a seating configuration of more
than 100 passenger seats, on January 1, 1985.
(c) Seating configuration of aircraft
For the purposes of subsection (b) of this section, the seating
configuration of an aircraft shall be the seating configuration that
existed on such aircraft on December 1, 1979, or such earlier date as
the Secretary may establish in individual cases.
(Pub. L. 96-193, title III, 304, Feb. 18, 1980, 94 Stat. 57.)
49 USC 2125. Tradeoff allowance
TITLE 49, APPENDIX -- TRANSPORTATION
Notwithstanding any other provision of law or any rule, regulation,
or order issued pursuant thereto, the tradeoff provisions contained in
appendix C of part 36 of title 14 of the Code of Federal Regulations
shall apply in determining whether any aircraft complies with the
provisions of subpart E of part 91 of title 14 of the Code of Federal
Regulations.
(Pub. L. 96-193, title III, 305, Feb. 18, 1980, 94 Stat. 57.)
49 USC CHAPTER 30A -- AVIATION NOISE POLICY
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2151. Findings.
2152. National aviation noise policy.
(a) Development.
(b) Basis.
(c) Recommendations.
2153. Noise and access restriction reviews.
(a) In general.
(b) Limitation on Stage 3 aircraft restrictions.
(c) Limitation on Stage 2 aircraft restrictions.
(d) Approval of Stage 3 aircraft restrictions.
(e) Ineligibility for PFC's and AIP funds.
(f) Reevaluation.
(g) Procedures for reevaluation.
(h) Effect on existing law.
2154. Determination regarding noise restrictions on certain Stage 2
aircraft.
2155. Federal liability for noise damages.
2156. Limitation on airport improvement program revenue.
2157. Prohibition on operation of certain aircraft not complying
with Stage 3 noise levels.
(a) General rule.
(b) Waiver.
(c) Compliance schedule.
(d) Exemption for noncontiguous air service.
(e) Violations.
(f) Judicial review.
(g) Reports.
(h) Definitions.
(i) Hawaiian operations.
2158. Nonaddition rule.
(a) General rule.
(b) Exemption for complying modifications.
(c) Limitation on statutory construction.
49 USC 2151. Findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds that --
(1) aviation noise management is crucial to the continued increase in
airport capacity;
(2) community noise concerns have led to uncoordinated and
inconsistent restrictions on aviation which could impede the national
air transportation system;
(3) a noise policy must be implemented at the national level;
(4) local interest in aviation noise management shall be considered
in determining the national interest;
(5) community concerns can be alleviated through the use of new
technology aircraft, combined with the use of revenues, including those
available from passenger facility charges, for noise management;
(6) federally controlled revenues can help resolve noise problems and
carry with them a responsibility to the national airport system;
(7) revenues derived from a passenger facility charge may be applied
to noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of passenger
facility charges is the issuance by the Secretary of Transportation of a
final rule establishing procedures for reviewing airport noise and
access restrictions on operations of Stage 2 and Stage 3 aircraft.
(Pub. L. 101-508, title IX, 9302, Nov. 5, 1990, 104 Stat. 1388-378.)
Section 9301 of Pub. L. 101-508 provided that: ''This subtitle
(subtitle D ( 9301-9309) of title IX of Pub. L. 101-508, enacting this
chapter) may be cited as the 'Airport Noise and Capacity Act of 1990'.''
49 USC 2152. National aviation noise policy
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Development
Not later than July 1, 1991, the Secretary of Transportation
(hereinafter in this chapter referred to as the ''Secretary'') shall
issue regulations establishing a national aviation noise policy which
takes into account the findings, determinations, and provisions of this
chapter, including the phaseout and nonaddition of Stage 2 aircraft as
provided in this chapter and implementation dates and reporting
requirements consistent with this chapter and existing law.
(b) Basis
The national aviation noise policy shall be based upon a detailed
economic analysis of the impact of the phaseout date for Stage 2
aircraft on competition in the airline industry, including the ability
of air carriers to achieve capacity growth consistent with the projected
rate of growth for the airline industry, the impact of competition
within the airline and aircargo industries, the impact on nonhub and
small community air service, and the impact on new entry into the
airline industry.
(c) Recommendations
Not later than July 1, 1991, the Secretary shall transmit to Congress
recommendations on --
(1) the need for changes in the standards and procedures which govern
the rights of State and local governments (including airport
authorities) to restrict aircraft operations for the purpose of limiting
aircraft noise;
(2) the need for changes in the standards and procedures which govern
law suits by persons adversely affected by aircraft noise;
(3) the need for changes in standards and procedures for Federal
regulation of airspace (including the pattern of operations for the air
traffic control system) in order to take better account of environmental
effects;
(4) the need for changes in the Federal program providing assistance
for noise abatement planning and programs, including the need for
greater incentives or mandatory requirements for local restrictions on
the use of land impacted by aircraft noise;
(5) whether any changes in policy recommended in paragraphs (1)
through (4) should be accomplished through regulatory, administrative,
or legislative action; and
(6) specific legislative proposals necessary for implementing the
national aviation noise policy.
(Pub. L. 101-508, title IX, 9303, Nov. 5, 1990, 104 Stat. 1388-378.)
49 USC 2153. Noise and access restriction reviews
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
(1) Establishment of program
The national aviation noise policy to be established under this
chapter shall require the establishment, by regulation, in accordance
with the provisions of this section of a national program for reviewing
airport noise and access restrictions on operations of Stage 2 and Stage
3 aircraft. Such program shall provide for adequate public notice and
comment opportunities on such restrictions.
(2) Limitations on applicability
(A) Applicability date for Stage 2 aircraft
With respect to Stage 2 aircraft, the requirements set forth in
subsection (c) of this section shall apply only to restrictions proposed
after October 1, 1990.
(B) Applicability date for Stage 3 aircraft
With respect to Stage 3 aircraft, the requirements set forth in
subsections (b) and (d) of this section shall apply only to restrictions
that first become effective after October 1, 1990.
(C) Specific exemptions
Subsections (b), (c), and (d) of this section shall not apply to --
(i) a local action to enforce a negotiated or executed airport
aircraft noise or access agreement between the airport operator and the
aircraft operator in effect on November 5, 1990;
(ii) a local action to enforce a negotiated or executed airport
aircraft noise or access restriction the airport operator and the
aircraft operators agreed to before November 5, 1990;
(iii) an intergovernmental agreement including airport aircraft noise
or access restriction in effect on November 5, 1990;
(iv) a subsequent amendment to an airport aircraft noise or access
agreement or restriction in effect on November 5, 1990, that does not
reduce or limit aircraft operations or affect aircraft safety;
(v)(I) a restriction which was adopted by an airport operator on or
before October 1, 1990, and which was stayed as of October 1, 1990, by a
court order or as a result of litigation, if such restriction or a part
thereof is subsequently allowed by a court to take effect; and
(II) in any case in which a restriction described in subclause (I) is
either partially or totally disallowed by a court, any new restriction
imposed by an airport operator to replace such disallowed restriction if
such new restriction would not prohibit aircraft operations in effect as
of November 5, 1990; and
(vi) a local action which represents the adoption of the final
portion of a program of a staged airport aircraft noise or access
restriction where the initial portion of such program was adopted during
calendar year 1988 and was in effect on November 5, 1990.
(D) Additional working group exemptions
Subsections (b) and (d) of this section shall not apply where the
Federal Aviation Administration has prior to November 5, 1990, formed a
working group (outside the process established by part 150 of title 14
of the Code of Federal Regulations) with a local airport operator to
examine the noise impact of air traffic control procedure changes. In
any case in which an agreement relating to noise reductions at such
airport is entered into between the airport proprietor and an air
carrier or air carrier constituting a majority of the air carrier users
of such airport, subsections (b) and (d) of this section shall apply
only to local actions to enforce such agreement.
(b) Limitation on Stage 3 aircraft restrictions
No airport noise or access restriction on the operation of a Stage 3
aircraft, including but not limited to --
(1) a restriction as to noise levels generated on either a single
event or cumulative basis;
(2) a limit, direct or indirect, on the total number of Stage 3
aircraft operations;
(3) a noise budget or noise allocation program which would include
Stage 3 aircraft;
(4) a restriction imposing limits on hours of operations; and
(5) any other limit on Stage 3 aircraft;
shall be effective unless it has been agreed to by the airport
proprietor and all aircraft operators or has been submitted to and
approved by the Secretary pursuant to an airport or aircraft operator's
request for approval in accordance with the program established pursuant
to this section.
(c) Limitation on Stage 2 aircraft restrictions
No airport noise or access restriction shall include a restriction on
operations of Stage 2 aircraft, unless the airport operator publishes
the proposed noise or access restriction and prepares and makes
available for public comment at least 180 days before the effective date
of the restriction --
(1) an analysis of the anticipated or actual costs and benefits of
the existing or proposed noise or access restriction;
(2) a description of alternative restrictions; and
(3) a description of the alternative measures considered which do not
involve aircraft restrictions, and a comparison of the costs and
benefits of such alternative measures to the costs and benefits of the
proposed noise or access restriction.
(d) Approval of Stage 3 aircraft restrictions
(1) In general
Not later than the 180th day after the date on which the Secretary
receives an airport or aircraft operator's request for approval of a
noise or access restriction on the operation of a Stage 3 aircraft, the
Secretary shall approve or disapprove such request.
(2) Required findings
The Secretary shall not approve a noise or access restriction
applying to Stage 3 aircraft operations unless the Secretary finds the
following conditions to be supported by substantial evidence:
(A) The proposed restriction is reasonable, nonarbitrary, and
nondiscriminatory.
(B) The proposed restriction does not create an undue burden on
interstate or foreign commerce.
(C) The proposed restriction is not inconsistent with maintaining the
safe and efficient utilization of the navigable airspace.
(D) The proposed restriction does not conflict with any existing
Federal statute or regulation.
(E) There has been an adequate opportunity for public comment with
respect to the restriction.
(F) The proposed restriction does not create an undue burden on the
national aviation system.
(e) Ineligibility for PFC's and AIP funds
Sponsors of facilities operating under airport aircraft noise or
access restrictions on Stage 3 aircraft operations that first became
effective after October 1, 1990, shall not be eligible to impose a
passenger facility charge under section 1513(e) of this Appendix and
shall not be eligible for grants authorized by section 2204 of this
Appendix after the 90th day following the date on which the Secretary
issues a final rule under subsection (a) of this section, unless such
restrictions have been agreed to by the airport proprietor and aircraft
operators or the Secretary has approved the restrictions under this
chapter or the restrictions have been rescinded.
(f) Reevaluation
The Secretary may reevaluate any noise restrictions previously agreed
to or approved under subsection (d) of this section upon the request of
any aircraft operator able to demonstrate to the satisfaction of the
Secretary that there has been a change in the noise environment of the
affected airport and that a review and reevaluation pursuant to the
criteria established under subsection (d) of this section of the
previously approved or agreed to noise restriction is therefore
justified.
(g) Procedures for reevaluation
The Secretary shall establish by regulation procedures under which
reevaluations under subsection (f) of this section are to be
accomplished. A reevaluation under subsection (f) of this section of a
restriction shall not occur less than 2 years after a determination
under subsection (d) of this section has been made with respect to such
restriction.
(h) Effect on existing law
Except to the extent required by the application of the provisions of
this section, nothing in this chapter shall be deemed to eliminate,
invalidate, or supersede --
(1) existing law with respect to airport noise or access restrictions
by local authorities;
(2) any proposed airport noise or access regulation at a general
aviation airport where the airport proprietor has formally initiated a
regulatory or legislative process on or before October 1, 1990; and
(3) the authority of the Secretary to seek and obtain such legal
remedies as the Secretary considers appropriate, including injunctive
relief.
(Pub. L. 101-508, title IX, 9304, Nov. 5, 1990, 104 Stat. 1388-379.)
49 USC 2154. Determination regarding noise restrictions on certain
Stage 2 aircraft
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary shall determine by a study the applicability of
subsections (a), (b), (c), and (d) of section 2153 of this Appendix to
noise restrictions on the operations of Stage 2 aircraft weighing less
than 75,000 pounds. In making such determination, the Secretary shall
consider --
(1) noise levels produced by such aircraft relative to other
aircraft;
(2) the benefits to general aviation and the need for efficiency in
the national air transportation system;
(3) the differences in the nature of operations at airports and the
areas immediately surrounding such airports;
(4) international standards and accords with respect to aircraft
noise; and
(5) such other factors which the Secretary deems necessary.
(Pub. L. 101-508, title IX, 9305, Nov. 5, 1990, 104 Stat. 1388-382.)
49 USC 2155. Federal liability for noise damages
TITLE 49, APPENDIX -- TRANSPORTATION
In the event that a proposed airport aircraft noise or access
restriction is disapproved, the Federal Government shall assume
liability for noise damages only to the extent that a taking has
occurred as a direct result of such disapproval. Action for the
resolution of such a case shall be brought solely in the United States
Claims Court.
(Pub. L. 101-508, title IX, 9306, Nov. 5, 1990, 104 Stat. 1388-382.)
49 USC 2156. Limitation on airport improvement program revenue
TITLE 49, APPENDIX -- TRANSPORTATION
Under no conditions shall any airport receive revenues under the
provisions of the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2201 et seq.) or impose or collect a passenger facility charge
under section 1513(e) of this Appendix unless the Secretary assures that
the airport is not imposing any noise or access restriction not in
compliance with this chapter.
(Pub. L. 101-508, title IX, 9307, Nov. 5, 1990, 104 Stat. 1388-382.)
The Airport and Airway Improvement Act of 1982, referred to in text,
is Pub. L. 97-248, title V, Sept. 3, 1982, 96 Stat. 671, as amended,
which is classified principally to chapter 31 ( 2201 et seq.) of this
Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 2201 of this Appendix and Tables.
49 USC 2157. Prohibition on operation of certain aircraft not complying
with Stage 3 noise levels
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
After December 31, 1999, no person may operate to or from an airport
in the United States any civil subsonic turbojet aircraft with a maximum
weight of more than 75,000 pounds unless such aircraft complies with the
Stage 3 noise levels, as determined by the Secretary.
(b) Waiver
(1) Application
If, by July 1, 1999, at least 85 percent of the aircraft used by an
air carrier to provide air transportation comply with the Stage 3 noise
levels, such carrier may apply for a waiver of the prohibition set forth
in subsection (a) of this section for the remaining 15 or less percent
of the aircraft used by the carrier to provide air transportation. Such
application must be filed with the Secretary no later than January 1,
1999, and must include a plan with firm orders for making all aircraft
used by the air carrier to provide air transportation to comply with
such noise levels not later than December 31, 2003.
(2) Granting of waiver
The Secretary may grant a waiver under this subsection if the
Secretary finds that granting such waiver is in the public interest. In
making such a finding, the Secretary shall consider the effect of
granting such waiver on competition in /1/ air carrier industry and on
small community air service.
(3) Limitation
A waiver granted under this subsection may not permit the operation
of Stage 2 aircraft in the United States after December 31, 2003.
(c) Compliance schedule
The Secretary shall, by regulation, establish a schedule for
phased-in compliance with the prohibition set forth in subsection (a) of
this section. The period of such phase-in shall begin on November 5,
1990, and end before December 31, 1999. Such regulations shall
establish interim compliance dates. Such schedule for phased-in
compliance shall be based upon a detailed economic analysis of the
impact of the phaseout date for Stage 2 aircraft on competition in the
airline industry, including the ability of air carriers to achieve
capacity growth consistent with the projected rates of growth for the
airline industry, the impact of competition within the airline and air
cargo industries, the impact on nonhub and small community air service,
and the impact on new entry into the airline industry, and on an
analysis of the impact of aircraft noise on persons residing near
airports.
(d) Exemption for noncontiguous air service
Except for Hawaiian operations described in and provided for in
subsection (i) of this section, this section and section 2158 of this
Appendix shall not apply to aircraft which are used solely to provide
air transportation outside the 48 contiguous States. Any civil subsonic
turbojet aircraft with a maximum weight of more than 75,000 pounds which
is imported into a noncontiguous State or a territory or possession of
the United States on or after November 5, 1990, may not be used to
provide air transportation in the 48 contiguous States unless such
aircraft complies with the Stage 3 noise levels.
(e) Violations
Violations of this section and section 2158 of this Appendix and
regulations issued to carry out such sections shall be subject to the
same civil penalties and procedures as are provided by title IX of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1471 et seq.) for
violations of title VI (49 App. U.S.C. 1421 et seq.).
(f) Judicial review
Actions taken by the Secretary under this section and section 2158 of
this Appendix shall be subject to judicial review in accordance with
section 1006 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1486).
(g) Reports
Beginning with calendar year 1992, each air carrier shall submit to
the Secretary an annual report on the progress such carrier is making
toward complying with the requirements of this section (including the
regulations issued to carry out this section), and the Secretary shall
transmit to Congress an annual report on the progress being made toward
such compliance.
(h) Definitions
As used in this section, the following definitions apply:
(1) Air carrier; air transportation; United States
The terms ''air carrier'', ''air transportation'', and ''United
States'' have the meanings such terms have under section 101 of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1301).
(2) Stage 3 noise levels
The term ''Stage 3 noise levels'' means the Stage 3 noise levels set
forth in part 36 of title 14, Code of Federal Regulations, as in effect
on November 5, 1990.
(i) Hawaiian operations
(1)(A) An air carrier or foreign air carrier may not operate within
the State of Hawaii or between a point in the State of Hawaii and a
point outside the 48 contiguous States a greater number of Stage 2
aircraft having a maximum weight of more than 75,000 pounds than it
operated within the State of Hawaii or between a point in the State of
Hawaii and a point outside the 48 contiguous States on November 5, 1990.
(B) An air carrier that provided turnaround service within the State
of Hawaii on November 5, 1990, using Stage 2 aircraft having a maximum
weight of more than 75,000 pounds may include within the number of
aircraft authorized under subparagraph (A) all such aircraft owned or
leased by that carrier on such date, whether or not such aircraft were
then operated by that carrier.
(2) An air carrier may not provide turnaround service within the
State of Hawaii using Stage 2 aircraft having a maximum weight of more
than 75,000 pounds unless that carrier provided such service on November
5, 1990.
(3) For the purpose of this subsection, ''turnaround service'' means
the operation of a flight between two or more points, all of which are
within the State of Hawaii.
(Pub. L. 101-508, title IX, 9308, Nov. 5, 1990, 104 Stat. 1388-382;
Pub. L. 102-143, title III, 349, Oct. 28, 1991, 105 Stat. 949.)
The Federal Aviation Act of 1958, referred to in subsec. (e), is
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended. Titles VI
and IX of the Act are classified generally to subchapters VI ( 1421 et
seq.) and IX ( 1471 et seq.), respectively, of chapter 20 of this
Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 1301 of this Appendix and Tables.
1991 -- Subsec. (d). Pub. L. 102-143, 349(a), substituted ''Except
for Hawaiian operations described in and provided for in subsection (i)
of this section, this'' for ''This''.
Subsec. (i). Pub. L. 102-143, 349(b), added subsec. (i).
/1/ So in original. Probably should be ''in the''.
49 USC 2158. Nonaddition rule
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
Except as provided in subsection (b) of this section, no person may
operate a civil subsonic turbojet aircraft with a maximum weight of more
than 75,000 pounds which is imported into the United States on or after
November 5, 1990, unless --
(1) it complies with the Stage 3 noise levels, or
(2) it was purchased by the person who imports the aircraft into the
United States under a written contract executed before November 5, 1990.
(b) Exemption for complying modifications
The Secretary may provide an exemption from the requirements of
subsection (a) of this section to permit a person to obtain
modifications to an aircraft to meet the Stage 3 noise levels.
(c) Limitation on statutory construction
For the purposes of this section, an aircraft shall not be considered
to have been imported into the United States if such aircraft --
(1) on November 5, 1990, is owned --
(A) by a corporation, trust, or partnership which is organized under
the laws of the United States or any State (including the District of
Columbia);
(B) by an individual who is a citizen of the United States; or
(C) by any entity which is owned or controlled by a corporation,
trust, partnership, or individual described in this paragraph; and
(2) enters into the United States not later than 6 months after the
date of the expiration of a lease agreement (including any extensions
thereof) between an owner described in paragraph (1) and a foreign air
carrier.
(Pub. L. 101-508, title IX, 9309, Nov. 5, 1990, 104 Stat. 1388-384.)
49 USC CHAPTER 31 -- AIRPORT AND AIRWAY IMPROVEMENT
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2201. Declaration of policy.
(a) In general.
(b) Transportation planning.
2202. Definitions.
(a) In general.
(b) Amounts made available.
2203. National airport and airway system plans.
(a) Formulation of airport plan.
(b) Formulation of airway plan.
(c) Consultation with Federal and public agencies and aviation
community.
(d) Consultation with Department of Defense.
2204. Airport improvement program.
(a) Airport development and airport planning.
(b) Obligational authority.
(c) Noise abatement projects to be considered as airport development
for fiscal year 1982.
(d) Disadvantaged business enterprises.
2205. Airway improvement program.
(a) Airway facilities and equipment.
(b) Research, engineering and development, and demonstrations.
(c) Other expenses.
(d) Weather services.
(e) Preservation of funds and priority for airport and airway
programs.
(f) Transmittal of budget estimates.
2206. Apportionment of funds.
(a) Apportionment.
(b) Special rules.
(c) Discretionary fund.
(d) Small airport fund.
(e) Calendar year as basis for determining certain apportionments.
(f) Definitions.
2207. Use of apportioned and discretionary funds; miscellaneous
conditions.
(a) Duration of availability of apportioned amounts.
(b) Transfer of certain apportionments of primary airports.
(c) States.
(d) General limitations.
(e) Use of certain apportioned funds for discretionary purposes.
(f) Designation of current or former military airports.
2208. Submission and approval of project grant applications.
(a) Submission.
(b) Approval.
(c) State standards.
(d) Acceptance of certification.
(e) Requirement of notice.
2209. United States share of project costs.
(a) General provision.
(b) Projects at certain primary airports.
(c) Projects in public land States.
2210. Project sponsorship.
(a) Sponsorship.
(b) Compliance.
(c) Consultation.
(d) Use of State taxes on aviation fuel.
(e) Use of land disposal funds.
(f) Procedures for modifying assurances.
(g) Use of airport generated revenues in Hawaii.
2211. Grant agreements.
(a) Offer and acceptance.
(b) Maximum obligation of United States.
(c) Maximum obligation for grants under Airport and Airway
Development Act of 1970.
(d) Workscope.
2212. Project costs.
(a) Allowable project costs.
(b) Terminal development.
(c) Costs not allowed.
(d) Reimbursement for certain advance expenditures.
2213. Payments under grant agreements.
2214. Performance of construction work.
(a) Regulations.
(b) Minimum rates of wages.
(c) Veterans preference.
2215. Use of Government-owned lands.
(a) Requests for use.
(b) Making of conveyances.
(c) Exemption of certain lands.
2216. False statements.
2217. Access to records.
(a) Recordkeeping requirements.
(b) Audit and examination.
(c) Audit reports.
(d) Withholding information.
2218. General powers.
(a) General rule.
(b) Limitations.
2219. Civil rights.
2220. Reports to Congress.
2221. Report on ability of airports to finance airport development
needs.
(a) Submission to Congress.
(b) Considerations.
(c) Consultation.
2222. Contracting authority.
2223. Study of airport access.
(a) Establishment of task force; functions; report to Congress.
(b) Membership on task force.
(c) Meetings of task force.
(d) Staff and support services.
2224. Part-time operation of flight service stations.
(a) General rule.
(b) Rule for certain closed stations.
2225. Explosive detection K-9 teams.
2226. Denial of funds for projects using products or services of
foreign countries that deny fair market opportunities.
(a) In general.
(b) Determinations.
(c) Listing of foreign countries.
(d) Special rules.
2226a. Buy American.
(a) General rule.
(b) Limitations on applicability.
(c) Calculation of components costs.
2226b. Prohibition against fraudulent use of ''Made in America''
labels.
2226c. Restrictions on contract awards.
2226d. Buy-American requirement.
(a) Determination by Administrator.
(b) Limited application.
(c) Limitation.
(d) Report to Congress.
(e) Definitions.
2227. State block grant pilot program.
(a) Promulgation of regulations; effective period.
(b) Assumption of certain responsibilities.
(c) Selection of State participants.
(d) Review and report.
1622.
49 USC 2201. Declaration of policy
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
The Congress hereby finds and declares that --
(1) the safe operation of the airport and airway system will continue
to be the highest aviation priority;
(2) the continuation of airport and airway improvement programs and
more effective management and utilization of the Nation's airport and
airway system are required to meet the current and projected growth of
aviation and the requirements of interstate commerce, the Postal
Service, and the national defense;
(3) this chapter should be administered in a manner to provide
adequate navigation aids and airport facilities, including reliever
airports and reliever heliports, for points where scheduled commercial
air service is provided;
(4) this chapter should be administered in a manner consistent with a
comprehensive airspace system plan to maximize the use of safety
facilities, with highest priority for commercial service airports,
including but not limited to, the goal of installing, operating, and
maintaining, to the extent possible under available funds and given
other safety needs, a precision approach system, a vertical visual
guidance system, and a full approach light system for each primary
runway, grooving, or friction treatment of all primary and secondary
runways, a nonprecision instrument approach for all secondary runways,
runway end identifier lights on all runways that do not have an approach
light system, electronic or visual vertical guidance on all runways,
distance-to-go signs for each primary and secondary runway, a surface
movement radar system at each category III airport, a taxiway lighting
and sign system, runway edge lighting and marking, and radar approach
coverage for all airport terminal areas;
(5) all airport and airway programs should be administered in a
manner consistent with the provisions of sections 1302 and 1303 of this
Appendix, with due regard for the goals expressed therein of fostering
competition, preventing unfair methods of competition in air
transportation, maintaining essential air transportation, and preventing
unjust and discriminatory practices, including as they may be applied
between category and class of aircraft;
(6) reliever airports make an important contribution to the efficient
operation of the airport and airway system, and special emphasis should
be given to their development;
(7) cargo hub airports play a critical role in the movement of
commerce through the airport and airway system and appropriate
provisions should be made to facilitate the development and enhancement
of such airports;
(8) aviation facilities should be constructed and operated with due
regard to minimizing current and projected noise impacts on nearby
communities;
(9) the Federal administrative requirements placed upon airport
sponsors can be reduced and simplified through the use of a single
project application to cover all airport improvement projects contained
in the airport's annual expenditure program;
(10) it is in the national interest to develop in metropolitan areas
an integrated system of airports designed to provide expeditious access
and maximum safety;
(11) airport construction and improvement projects which increase the
capacity of facilities to accommodate passenger and cargo traffic,
thereby increasing safety and efficiency and reducing delays, should be
undertaken to the maximum feasible extent;
(12) it is in the national interest to ensure that nonaviation usage
of navigable airspace be accommodated but not allowed to decrease the
safety and capacity of the airspace and airport system;
(13) artificial restrictions on airport capacity are not in the
public interest and should not be imposed to alleviate air traffic
delays unless other reasonably available and less burdensome
alternatives have first been attempted and should not unjustly
discriminate between categories and classes of aircraft; and
(14) special emphasis should be placed on the conversion of
appropriate former military air bases to civil use and on the
identification and improvement of additional joint-use facilities.
(b) Transportation planning
It is declared to be in the national interest to encourage and
promote the development of transportation systems embracing various
modes of transportation in a manner that will serve the States and local
communities efficiently and effectively. To accomplish this objective,
the Secretary shall cooperate with State and local officials in the
development of airport plans and programs which are formulated on the
basis of overall transportation needs and coordinated with other
transportation planning with due consideration to comprehensive
long-range land-use and access plans and overall social, economic,
environmental, system performance, and energy conservation goals and
objectives. The process shall be continuing, cooperative, and
comprehensive to the degree appropriate based on the complexity of the
transportation problems.
(Pub. L. 97-248, title V, 502, Sept. 3, 1982, 96 Stat. 671; Pub. L.
100-223, title I, 102(a)-(c), Dec. 30, 1987, 101 Stat. 1487; Pub. L.
101-508, title IX, 9103, 9109(a), Nov. 5, 1990, 104 Stat. 1388-354,
1388-356.)
This chapter, referred to in subsec. (a)(3), (4), was in the
original ''this title'', meaning title V of Pub. L. 97-248, Sept. 3,
1982, 96 Stat. 671, as amended, known as the Airport and Airway
Improvement Act of 1982, which is classified principally to this
chapter. For complete classification of title V to the Code, see Short
Title note set out below and Tables.
1990 -- Subsec. (a)(5). Pub. L. 101-508, 9103(1), inserted '',
including as they may be applied between category and class of
aircraft'' after ''discriminatory practices''.
Subsec. (a)(13). Pub. L. 101-508, 9103(2), inserted ''and should not
unjustly discriminate between categories and classes of aircraft'' after
''attempted''.
Subsec. (a)(14). Pub. L. 101-508, 9109(a), added par. (14).
1987 -- Subsec. (a)(4). Pub. L. 100-223, 102(a), inserted '', a
vertical visual guidance system,'' after ''precision approach system''
and ''distance-to-go signs for each primary and secondary runway, a
surface movement radar system at each category III airport, a taxiway
lighting and sign system,'' after ''vertical guidance on all runways''.
Subsec. (a)(7) to (13). Pub. L. 100-223, 102(b), (c), added par.
(7), redesignated former pars. (7) to (9) as (8) to (10), respectively,
and added pars. (11) to (13).
Section 523(b)-(d) of title V of Pub. L. 97-248 provided that:
''(b) Effective Date. -- This title and the amendments made by this
title (see Short Title note below) shall take effect on the date of
enactment of this title (Sept. 3, 1982).
''(c) Saving Provisions. -- (1) All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, grants, rights,
and privileges which have been issued, made, granted, or allowed to
become effective by the President, the Secretary, or any court of
competent jurisdiction or any provision of the Airport and Airway
Development Act of 1970 (see Separability of Provisions note set out
under section 1701 of this Appendix) or the Federal Airport Act
(sections 1101 to 1103, 1104 to 1106, and 1107a to 1120 of this
Appendix) which are in effect at the time this title takes effect (Sept.
3, 1982), are continued in effect according to their terms until
modified, terminated, superseded, set aside, or repealed by the
Secretary or by any court of competent jurisdiction, or by operation of
law.
''(2) Notwithstanding any other provision of this title (see Short
Title note below), amounts apportioned before October 1, 1981, pursuant
to section 15(a)(3) of the Airport and Airway Development Act of 1970
(section 1715(a)(3) of this Appendix), which have not been obligated by
grant agreement before that date, shall remain available for obligation,
for the duration of time specified in section 15(a)(5) of that Act
(section 1715(a)(5) of this Appendix), in accordance with the provisions
of that Act (other than the second sentence of section 14( b)(2)
(section 1714(b)(2) of this Appendix)), to the same extent as though
that Act had not been repealed.
''(d) Separability. -- If any provision of this title (see Short
Title note below) or the application thereof to any person or
circumstance is held invalid, the remainder of the title and the
application of the provision to other persons or circumstances is not
affected thereby.''
Section 9101(a) of Pub. L. 101-508 provided that: ''This subtitle
(subtitle B ( 9101-9131) of title IX of Pub. L. 101-508, enacting
sections 1433 and 2226a to 2226c of this Appendix, amending this
section, sections 1307, 1344, 1357, 1371, 1389, 1513, 2202 to 2207, and
2227 of this Appendix, and section 106 of Title 49, Transportation, and
enacting provisions set out as notes under this section and sections
1348, 1389, and 2206 of this Appendix) may be cited as the 'Aviation
Safety and Capacity Expansion Act of 1990'.''
Section 9201 of Pub. L. 101-508 provided that: ''This subtitle
(subtitle C ( 9201-9209) of title IX of Pub. L. 101-508, enacting
section 2226d of this Appendix and amending sections 1353 and 2205 of
this Appendix) may be cited as the 'Federal Aviation Administration
Research, Engineering, and Development Authorization Act of 1990'.''
Pub. L. 101-71, 1, Aug. 4, 1989, 103 Stat. 181, provided that:
''This Act (amending section 2212 of this Appendix and enacting
provisions set out as a note under section 2212 of this Appendix) may be
cited as the 'Noise Reduction Reimbursement Act of 1989'.''
Section 1(a) of Pub. L. 100-223 provided that: ''This Act (enacting
sections 1475, 2226, and 2227 of this Appendix and section 4283 of Title
26, Internal Revenue Code, amending this section and sections 1301,
1354, 1389, 1421, 1471, 1472, 1501, 1903, 2101, 2104, 2202 to 2208, 2210
to 2212, 2218, 2224, and 2225 of this Appendix, sections 4041, 4261,
4271, 6427, and 9502 of Title 26, and section 334 of Title 49,
Transportation, enacting provisions set out as notes under sections
1348, 1389, 1421, 1475, 1903, 2104, and 2202 to 2205 of this Appendix,
and sections 1, 4041, and 4261 of Title 26, and amending provisions set
out as notes under section 401 of Title 23, Highways) may be cited as
the 'Airport and Airway Safety and Capacity Expansion Act of 1987'.''
Section 501 of title V of Pub. L. 97-248 provided that: ''This
title (enacting this chapter, amending sections 1349, 1354, 1356a, 1430,
1432, 1509, 1513, 1731, 2101, 2103, 2104, and 2108 of this Appendix and
section 1622 of the Appendix to Title 50, War and National Defense,
repealing sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of this
Appendix, enacting provisions set out as notes under this section and
sections 1701 and 1715 of this Appendix, and repealing a provision set
out as a note under section 1701 of this Appendix) may be cited as the
'Airport and Airway Improvement Act of 1982'.''
Section 9128 of Pub. L. 101-508 provided that: ''If any provision
of this subtitle (subtitle B of title IX of Pub. L. 101-508, see Short
Title of 1990 Amendment note above) (including an amendment made by this
subtitle), or the application thereof to any person or circumstance, is
held invalid, the remainder of this subtitle and the application of such
provision to other persons of circumstances shall not be affected
thereby.''
49 USC 2202. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
As used in this chapter --
(1) ''Airport'' (A) means any area of land or water which is used, or
intended for use, for the landing and takeoff of aircraft, and any
appurtenant areas which are used, or intended for use, for airport
buildings or other airport facilities or rights-of-way, together with
all airport buildings and facilities located thereon; and (B) includes
any heliport.
(2) ''Airport development'' means any of the following activities, if
undertaken by the sponsor, owner or operator of a public-use airport:
(A) any work involved in constructing, reconstructing, repairing, or
improving a public-use airport or portion thereof, including --
(i) the removal, lowering, relocation, and marking and lighting of
airport hazards; and
(ii) the preparation of plans and specifications, including field
investigations incidental thereto;
(B) any acquisition or installation at or by a public-use airport of
--
(i) navigation and other aids (including, but not limited to,
precision approach systems) used by aircraft for landing at or taking
off from such airport, including any necessary site preparation thereby
required;
(ii) safety or security equipment required by the Secretary by rule
or regulation for the safety or security of persons and property at such
airport, or specifically approved by the Secretary as contributing
significantly to the safety or security of persons and property at such
airport;
(iii) snow removal equipment;
(iv) aviation-related weather reporting equipment;
(v) equipment to measure runway surface friction; or
(vi) fire fighting and rescue equipment at any airport which serves
scheduled passenger operations of air carrier aircraft designed for more
than 20 passenger seats;
(C) any acquisition of land or of any interest therein, or of any
easement through or other interest in airspace, including land for
future airport development, which is necessary to permit any airport
development described in subparagraph (A) or (B) of this paragraph or to
remove, mitigate, prevent, or limit the establishment of airport
hazards; and
(D) any acquisition of land for, or work involved to construct, a
burn area training structure on or off the airport for the purpose of
providing live fire drill training for aircraft rescue and firefighting
personnel required to receive such training by a regulation of the
Department of Transportation, including basic equipment and minimum
structures to support such training in accordance with standards of the
Federal Aviation Administration.
(3) ''Airport hazard'' means any structure or object of natural
growth located on or in the vicinity of a public-use airport, or any use
of land near such an airport, which obstructs the airspace required for
the flight of aircraft in landing or taking off at such airport or is
otherwise hazardous to such landing or taking off of aircraft.
(4) ''Airport planning'' means planning as defined by such
regulations as the Secretary shall prescribe, and includes integrated
airport system planning.
(5) ''Commercial service airport'' means a public airport which is
determined by the Secretary to enplane annually 2,500 or more passengers
and receive scheduled passenger service of aircraft.
(6) ''Government aircraft'' means aircraft owned and operated by the
United States.
(7) ''Integrated airport system planning'' means the initial as well
as continuing development for planning purposes of information and
guidance to determine the extent, type, nature, location, and timing of
airport development needed in a specific area to establish a viable,
balanced, and integrated system of public-use airports. It includes
identification of system needs, development of estimates of systemwide
development costs, and the conduct of such studies, surveys, and other
planning actions, including those related to airport access, as may be
necessary to determine the short-, intermediate-, and long-range
aeronautical demands required to be met by a particular system of
airports. It also includes the establishment by a State of standards,
other than standards for safety of approaches, for airport development
at public-use airports which are not primary airports.
(8) ''Landing area'' means that area used or intended to be used for
the landing, takeoff, or surface maneuvering of aircraft.
(9) ''Landed weight'' means the weight of aircraft providing
scheduled and nonscheduled service of only property (including mail) in
intrastate, interstate, and foreign air transportation, as shall be
determined by the Secretary pursuant to such regulations as the
Secretary may prescribe.
(10) ''Passengers enplaned'' means domestic, territorial, and
international revenue passenger enplanements in the States in scheduled
and nonscheduled service of aircraft in intrastate, interstate, and
foreign commerce as shall be determined by the Secretary pursuant to
such regulations as the Secretary may prescribe and includes passengers
on board international flights which transit an airport located in the
48 contiguous States for nontraffic purposes.
(11) ''Planning agency'' means any planning agency designated by the
Secretary which is authorized by the laws of the State or States or
political subdivisions concerned to engage in areawide planning for the
areas in which assistance under this chapter is to be used.
(12) ''Primary airport'' means a commercial service airport which is
determined by the Secretary to have more than 10,000 passengers enplaned
annually.
(13) ''Project'' means a project (or separate projects submitted
together) for the accomplishment of airport development or airport
planning, including the combined submission of all projects which are to
be undertaken at an airport in a fiscal year.
(14) ''Project costs'' means any costs involved in accomplishing a
project.
(15) ''Project grant'' means a grant of funds by the Secretary to a
sponsor for the accomplishment of one or more projects.
(16) ''Public agency'' means a State or any agency of a State, a
municipality or other political subdivision of a State, a tax-supported
organization, or an Indian tribe or pueblo.
(17) ''Public airport'' means any airport which is used or to be used
for public purposes, under the control of a public agency, the landing
area of which is publicly owned.
(18) ''Public-use airport'' means --
(A) any public airport,
(B) any privately owned reliever airport, and
(C) any privately owned airport which is determined by the Secretary
to enplane annually 2,500 or more passengers and receive scheduled
passenger service of aircraft,
which is used or to be used for public purposes.
(19) ''Reliever airport'' means an airport designated by the
Secretary as having the function of relieving congestion at a commercial
service airport and providing more general aviation access to the
overall community.
(20) ''Reliever heliport'' means a heliport designated by the
Secretary as having the function of relieving congestion at a commercial
service airport, by means of diverting potential fixed-wing enplaned
passengers to helicopter carriers.
(21) ''Secretary'' means the Secretary of Transportation.
(22) ''Sponsor'' means (A) any public agency which, either
individually or jointly with one or more other public agencies, submits
to the Secretary, in accordance with this chapter, an application for
financial assistance, and (B) any private owner of a public-use airport
who submits to the Secretary, in accordance with this chapter, an
application for financial assistance for such airport.
(23) ''State'' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, the Government of the Northern Mariana Islands, the Trust
Territory of the Pacific Islands, and Guam.
(24) ''Trust Fund'' means the Airport and Airway Trust Fund
established by section 9502 of title 26.
(25) ''United States share'' means that portion of the project costs
of projects for airport development or airport planning approved
pursuant to section 2208 of this Appendix which is to be paid from funds
made available for the purposes of this chapter.
(b) Amounts made available
Whenever in this chapter reference is made to the amount made
available for a fiscal year under section 2204 of this Appendix, such
reference shall mean the amount made available for obligation under
subsection (a) of section 2204 of this Appendix for that fiscal year as
reduced or limited by any Act of Congress enacted after September 3,
1982.
(Pub. L. 97-248, title V, 503, Sept. 3, 1982, 96 Stat. 672; Pub. L.
99-514, 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-223, title I,
103(a)-(e), Dec. 30, 1987, 101 Stat. 1488; Pub. L. 101-508, title IX,
9102, Nov. 5, 1990, 104 Stat. 1388-354.)
1990 -- Subsec. (a)(2)(D). Pub. L. 101-508 added subpar. (D).
1987 -- Subsec. (a)(1). Pub. L. 100-223, 103(a), designated existing
provision as cl. (A) and added cl. (B).
Subsec. (a)(2)(B)(vi). Pub. L. 100-223, 103(b), added cl. (vi).
Subsec. (a)(9) to (25). Pub. L. 100-223, 103(c)-(e), added par.
(9), redesignated former pars. (9) to (24) as (10) to (25),
respectively, inserted ''and includes passengers on board international
flights which transit an airport located in the 48 contiguous States for
nontraffic purposes'' before period at end of par. (10), and
substituted ''more than 10,000 passengers enplaned annually'' for ''.01
percent or more of the total number of passengers enplaned annually at
all commercial service airports'' in par. (12).
1986 -- Subsec. (a)(23). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which for
purposes of codification was translated as ''title 26'' thus requiring
no change in text.
Section 2 of Pub. L. 100-223 provided that: ''As used in this Act
(see Short Title of 1987 Amendment note set out under section 2201 of
this Appendix) --
''(1) the term 'Secretary' means the Secretary of Transportation;
and
''(2) the term 'Administrator' means the Administrator of the Federal
Aviation Administration.''
49 USC 2203. National airport and airway system plans
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Formulation of airport plan
(1) Publication, contents, and review of plan
Not later than two years after September 3, 1982, and every two years
thereafter, the Secretary shall publish the status of the existing
national airport system plan to provide for the development of
public-use airports in the United States. The plan shall include the
type and estimated cost of eligible airport development considered by
the Secretary to be necessary to provide a safe, efficient, and
integrated system of public-use airports to anticipate and meet the
needs of civil aeronautics, to meet requirements in support of the
national defense as determined by the Secretary of Defense, and to meet
identified needs of the Postal Service. Airport development identified
by this plan shall not be limited to the requirements of any classes or
categories of public-use airports. In reviewing and revising the plan,
the Secretary shall consider the needs of all segments of civil
aviation, and take into consideration, among other things, the
relationship of each airport to (1) the rest of the transportation
system in the particular area, (2) the forecasted technological
developments in aeronautics, and (3) developments forecasted in other
modes of intercity transportation. After September 3, 1982, the revised
national airport system plan shall be known as the national plan of
integrated airport systems.
(2) Special review
As soon as feasible following December 30, 1987, the Secretary shall,
in reviewing and revising the plan, take into account tall structures
which reduce safety or airport capacity and make every reasonable effort
to address the legitimate needs of air cargo operations, STOL/VSTOL
aircraft operations, and rotary wing aircraft operations.
(b) Formulation of airway plan
(1) The Administrator of the Federal Aviation Administration shall
prepare (subject to the requirements of section 2205(f) of this
Appendix) and submit to the Congress, not later than ninety days after
September 3, 1982, a national airways system plan. The Administrator
shall review, revise, and publish such plan before the beginning of each
fiscal year thereafter. For fiscal year 1991 and thereafter, the
revised plan shall be known as the ''Airway Capital Investment Plan''.
The plan shall set forth, for a ten-year period, the research,
engineering, and development programs and the facilities and equipment
considered by the Administrator necessary for a system of airways, air
traffic services, and navigation aids which will meet the forecasted
needs of civil aeronautics, meet requirements in support of the national
defense as determined by the Secretary of Defense, and provide the
highest degree of safety in air commerce. In addition, such plan shall
set forth --
(A) for the first two years of the plan, detailed annual estimates of
(i) the number, type, location, and cost of acquisition, operation, and
maintenance of required facilities and services, (ii) the cost of
research, engineering, and development required to improve safety,
system capacity, and efficiency, and (iii) manpower levels required for
all the activities described in this subparagraph;
(B) for the third, fourth, and fifth years of the plan, estimates of
the total cost of each major program for such three-year period, and any
additional major research programs, acquisition of systems and
facilities, and changes in manpower levels that may be required to meet
long-range objectives and that may have significant impact on future
funding requirements; and
(C) a ten-year investment plan which considers long-range objectives
considered by the Administrator to be necessary to ensure that safety is
given the highest priority in providing for a safe and efficient airway
system and to meet the current and projected growth of aviation and the
requirements of interstate commerce, the Postal Service, and the
national defense.
(2) On or before the first day of April of each year the Secretary
shall report to the Congress on the operations of the national airways
system during the last completed fiscal year. The report shall include
a review of the operations of the Federal Aviation Administration,
including, but not limited to, a detailed report on programs intended to
improve the safety of flight operations and the capacity and efficiency
of the national airways system, any significant problems encountered in
these programs, a summary of funds committed in each major program area,
and a report on amounts appropriated but not expended for such programs.
(c) Consultation with Federal and public agencies and aviation
community
In reviewing and revising the national airport system plan, the
Secretary shall consult, to the extent feasible and as appropriate, with
other Federal and public agencies, and with the aviation community.
(d) Consultation with Department of Defense
(1) Civil use of domestic military airports
The Department of Defense shall make domestic military airports and
airport facilities available for civil use to the maximum extent
feasible. In advising the Secretary of national defense requirements
pursuant to subsection (a) of this section, the Secretary of Defense
shall indicate the extent to which domestic military airports and
airport facilities will be available for civil use.
(2) Special use airspace
(A) Review
The Secretary and the Secretary of Defense, in consultation with
aviation users, shall jointly conduct a national review of the need and
utilization of special use airspace with a view to determining its
impact on civil aviation operations and on the quality of the
environment.
(B) Report
Not later than 18 months after December 30, 1987, the Secretary and
the Secretary of Defense shall report to Congress the results of the
review conducted under subparagraph (A), together with their
recommendations.
(Pub. L. 97-248, title V, 504, Sept. 3, 1982, 96 Stat. 675; Pub. L.
100-223, title I, 104, Dec. 30, 1987, 101 Stat. 1489; Pub. L. 101-508,
title IX, 9105(a), Nov. 5, 1990, 104 Stat. 1388-355.)
1990 -- Subsec. (b)(1). Pub. L. 101-508 inserted after second
sentence ''For fiscal year 1991 and thereafter, the revised plan shall
be known as the 'Airway Capital Investment Plan'.''
1987 -- Subsec. (a). Pub. L. 100-223, 104(a), designated existing
provision as par. (1), inserted par. heading, added par. (2), and
aligned par. (1) with par. (2).
Subsec. (d)(1). Pub. L. 100-223, 104(b)(2), inserted par. heading and
aligned par. (1) with par. (2).
Subsec. (d)(2), (3). Pub. L. 100-223, 104(b)(1), added par. (2) and
struck out former pars. (2) and (3) which read as follows:
''(2) Not later than 180 days after September 3, 1982, the
Comptroller General shall submit to the Congress an evaluation of the
feasibility of making domestic military airports and airport facilities
available for joint civil and military use to the maximum extent
compatible with national defense requirements. With respect to those
military airports determined to be most feasible for joint civil and
military use, such evaluation shall include an estimate of the costs and
the development requirements involved in making such airports available
for joint civil and military use.
''(3) Not later than 1 year after September 3, 1982, the Secretary of
Defense and the Secretary of Transportation shall submit to the Congress
a plan for making domestic military airports and airport facilities
available for joint civil and military use to the maximum extent
compatible with national defense requirements. The plan shall recommend
public-sector civil sponsors in the case of each joint use proposed in
the plan.''
Section 309 of Pub. L. 100-223 provided that:
''(a) Study. -- The Secretary shall conduct a study for the purpose
of developing an overall airport system plan through the year 2010 which
will assure the long-term availability of adequate airport system
capacity.
''(b) Reports. --
''(1) Preliminary report. -- Not later than 1 year after the date of
the enactment of this Act (Dec. 30, 1987), the Secretary shall transmit
to Congress a preliminary report on the status of the plan being
developed under subsection (a).
''(2) Final report. -- Not later than January 1, 1990, the Secretary
shall transmit to Congress a final report on the results of the study
conducted under subsection (a), together with the plan developed under
such subsection.
''(c) Funding. -- There shall be available to the Secretary from the
Airport and Airway Trust Fund $250,000 per fiscal year for each of
fiscal years 1988 and 1989 for carrying out this section. Such funds
shall remain available until expended.''
49 USC 2204. Airport improvement program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Airport development and airport planning
In order to maintain a safe and efficient nationwide system of
public-use airports to meet the present and future needs of civil
aeronautics, the Secretary is authorized to make grants from the Trust
Fund for airport development and airport planning by project grants in
accordance with the provisions of this chapter. The aggregate amounts
which shall be available after September 30, 1981, to the Secretary for
such grants and for grants for airport noise compatibility planning
under section 2103(b) of this Appendix and for carrying out noise
compatibility programs or parts thereof under section 2104(c) of this
Appendix shall be $5,116,700,000 of which $475,000,000 shall be credited
to the supplementary discretionary fund established by section
2206(a)(3)(B) of this Appendix for fiscal years ending before October 1,
1987, $6,816,700,000 for fiscal years ending before October 1, 1988,
$8,516,700,000 for fiscal years ending before October 1, 1989,
$10,216,700,000 for fiscal years ending before October 1, 1990,
$12,016,700,000 for fiscal years ending before October 1, 1991, and
$13,916,700,000 for fiscal years ending before October 1, 1992. Those
amounts credited to the supplementary discretionary fund pursuant to
this subsection shall not be subject to any of the apportionments or
distributions set forth in sections 2206(a)(1), 2206(a)(2), 2206(a)(3),
2206(c), and 2207(d) of this Appendix.
(b) Obligational authority
(1) The Secretary is authorized to incur obligations to make grants
from funds made available under subsection (a) of this section, and such
authority shall exist with respect to funds available for the making of
grants for any fiscal year or part thereof pursuant to subsection (a) of
this section immediately after such funds are apportioned pursuant to
section 2206(a) of this Appendix. No such obligation shall be incurred
by the Secretary after September 30, 1992, except that nothing in this
section shall preclude the obligation by grant agreement of apportioned
funds which remain available pursuant to section 2207(a) of this
Appendix after such date.
(2) No obligation shall be incurred by the Secretary for airport
development at a privately owned public-use airport unless the Secretary
receives appropriate assurances that such airport will continue to
function as a public-use airport during the economic life (which in no
case shall be less than ten years) of any facility at such airport that
was developed with Federal financial assistance under this chapter.
(c) Noise abatement projects to be considered as airport development
for fiscal year 1982
For purposes of amounts apportioned for fiscal year 1982, airport
development shall be considered to include any of the following
activities, if undertaken by the sponsor, owner, or operator of a
public-use airport:
(1) any acquisition or installation of the following items for
improving noise compatibility at a public-use airport:
(A) noise suppressing equipment, physical barriers, or landscaping,
for the purpose of diminishing the effect of aircraft noise on any area
adjacent to such airport; and
(B) land, including land associated with future airport development,
or any interest therein, or any easement through or other interest in
airspace, necessary to insure that such land is used only for purposes
which are compatible with the noise levels attributable to the operation
of such airport; and
(2) any project to carry out an approved airport noise compatibility
program, or part thereof, approved by the Secretary pursuant to section
2104(b) of this Appendix.
(d) Disadvantaged business enterprises
(1) General rule
Except to the extent that the Secretary determines otherwise, not
less than 10 percent of the amounts made available under subsection (a)
of this section in a fiscal year beginning after September 30, 1987,
shall be expended with small business concerns owned and controlled by
socially and economically disadvantaged individuals.
(2) Definitions
For purposes of this subsection --
(A) Small business concern
The term ''small business concern'' has the meaning such term has
under section 632 of title 15; except that such term shall not include
any concern or group of concerns controlled by the same socially and
economically disadvantaged individual or individuals which has average
annual gross receipts over the preceding 3 fiscal years in excess of
$14,000,000, as adjusted by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals
The term ''socially and economically disadvantaged individuals'' has
the meaning such term has under section 637(d) /1/ of title 15 and
relevant subcontracting regulations promulgated pursuant thereto;
except that women shall be presumed to be socially and economically
disadvantaged for purposes of this subsection.
(3) Annual listing of disadvantaged business enterprises
Each State or airport sponsor shall annually survey and compile a
list of the small business concerns referred to in paragraph (1) and the
location of such concerns in the State.
(4) Uniform certification
The Secretary shall establish minimum uniform criteria for State
governments and airport sponsors to use in certifying whether a concern
qualifies for purposes of this subsection. Such minimum uniform
criteria shall include but not be limited to on-site visits, personal
interviews, licenses, analysis of stock ownership, listing of equipment,
analysis of bonding capacity, listing of work completed, resume of
principal owners, financial capacity, and type of work preferred.
(Pub. L. 97-248, title V, 505, Sept. 3, 1982, 96 Stat. 676; Pub. L.
97-424, title IV, 426(b), Jan. 6, 1983, 96 Stat. 2167; Pub. L.
100-223, title I, 105(e), (f), 106(b)(1), Dec. 30, 1987, 101 Stat.
1493, 1497; Pub. L. 101-508, title IX, 9104, Nov. 5, 1990, 104 Stat.
1388-354.)
Section 637(d) of title 15, referred to in subsec. (d)(2)(B), was
redesignated section 637(c) of title 15 by Pub. L. 102-191, 3, Dec. 5,
1991, 105 Stat. 1591.
1990 -- Subsec. (a). Pub. L. 101-508, 9104(1), which directed
amendment of subsec. (a) by substituting ''$13,916,700,000'' for
'''13,816,700,000'', was executed by making the substitution for
''$13,816,700,000'' to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 101-508, 9104(2), substituted ''1992'' for
''1987''.
1987 -- Subsec. (a). Pub. L. 100-223, 105(e), inserted second
sentence and struck out former second sentence which read as follows:
''The aggregate amounts which shall be available after September 30,
1981, to the Secretary for such grants and for grants for airport noise
compatibility planning under section 2103(b) of this Appendix and for
carrying out noise compatibility programs or parts thereof under section
2104(c) of this Appendix shall be $450,000,000 for fiscal year 1982;
$1,250,000,000, of which $200,000,000 shall be credited to the
supplementary discretionary fund established by paragraph (3)(B) of
section 2206(a) of this Appendix for the fiscal years ending before
October 1, 1983; $2,243,500,000, of which $400,000,000 shall be
credited to such fund for the fiscal years ending before October 1,
1984; $3,230,500,000, of which $475,000,000 shall be credited to such
fund for the fiscal years ending before October 1, 1985;
$4,247,500,000, of which $475,000,000 shall be credited to such fund for
the fiscal years ending before October 1, 1986; and $5,264,700,000 of
which $475,000,000 shall be credited to such fund for the fiscal years
ending before October 1, 1987.''
Pub. L. 100-223, 106(b)(1), substituted in last sentence reference to
''sections 2206(a)(1), 2206(a)(2), 2206(a)(3), 2206(c), and 2207(d) of
this Appendix'' for ''sections 2206(a)(1), (2), (3)(A), or 2207(d) of
this Appendix''.
Subsec. (d). Pub. L. 100-223, 105(f), added subsec. (d).
1983 -- Subsec. (a). Pub. L. 97-424, 426(b)(1), substituted
''$1,250,000,000, of which $200,000,000 shall be credited to the
supplementary discretionary fund established by paragraph (3)(B) of
section 2206(a) of this Appendix'' for ''$1,050,000,000'' after
''1982;''.
Pub. L. 97-424, 426(b)(2), substituted ''$2,243,500,000, of which
$400,000,000 shall be credited to such fund'' for ''$1,843,500,000''
after ''1983;''.
Pub. L. 97-424, 426(b)(3), substituted ''$3,230,500,000, of which
$475,000,000 shall be credited to such fund'' for ''$2,755,500,000''
after ''1984;''.
Pub. L. 97-424, 426(b)(4), substituted ''$4,247,500,000, of which
$475,000,000 shall be credited to such fund'' for ''$3,772,500,000''
after ''1985;''.
Pub. L. 97-424, 426(b)(5), substituted ''$5,264,700,000 of which
$475,000,000 shall be credited to such fund'' for ''$4,789,700,000''
after ''1986; and''.
Pub. L. 97-424, 426(b)(6), inserted provision that those amounts
credited to the supplementary discretionary fund pursuant to this
subsection shall not be subject to any of the apportionments or
distributions set forth in sections 2206(a)(1), (2), (3)(A), or 2207(d)
of this Appendix.
Section 106(c) of Pub. L. 100-223 provided that: ''The amendments
made by this section (amending this section and sections 2206 to 2208,
2211, and 2212 of this Appendix) shall take effect October 1, 1987, and
apply to fiscal years beginning on and after such date.''
Pub. L. 100-17, title II, 209, Apr. 2, 1987, 101 Stat. 222,
provided that: ''$148,000,000 of unobligated contract authority
available for airport development and planning pursuant to section 505(
a) of the Airport and Airway Improvement Act of 1982 (subsec. (a) of
this section) is rescinded. This rescission does not reduce the balance
in the Airport and Airway Trust Fund.''
/1/ See References in Text note below.
49 USC 2205. Airway improvement program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Airway facilities and equipment
(1) General authorization
For the purposes of acquiring, establishing, and improving air
navigation facilities under section 307(b) of the Federal Aviation Act
of 1958 (49 U.S.C. App. 1348(b)), there are authorized to be
appropriated from the Trust Fund for fiscal years beginning after
September 30, 1990, aggregate amounts not to exceed $2,500,000,000 for
fiscal year 1991 and $5,500,000,000 for the fiscal years ending before
October 1, 1992. Amounts appropriated under this subsection shall
remain available until expended.
(2) Purchase and installation of instrument landing systems
(A) Minimum obligation level
Of amounts made available under paragraph (1) after September 30,
1987, the Secretary shall obligate not less than $27,000,000 in fiscal
year 1988, $30,000,000 in fiscal year 1989, and $35,000,000 in fiscal
year 1990 for the purposes of purchasing and installing instrument
landing systems at airports under section 307(b) of the Federal Aviation
Act of 1958 (49 App. U.S.C. 1348(b)).
(B) Primary and reliever airports
75 percent of amounts obligated pursuant to subparagraph (A) in a
fiscal year shall be made available for the purchase and installation of
instrument landing systems at primary airports and reliever airports.
(C) Other airports
25 percent of amounts obligated pursuant to subparagraph (A) in a
fiscal year shall be made available for the purchase and installation of
instrument landing systems at airports other than primary airports and
reliever airports.
(3) Site preparation work
The costs of site preparation work associated with acquisition,
establishment, or improvement of air navigation facilities by the
Secretary pursuant to section 307(b) of the Federal Aviation Act of 1958
(49 App. U.S.C. 1348(b)) shall be charged to appropriated funds
available to the Secretary for that purpose pursuant to paragraph (1) of
this subsection. Nothing in this chapter shall preclude the Secretary
from providing, in a grant agreement or other agreement with an airport
owner or sponsor, for the performance of such site preparation work in
connection with airport development, subject to payment or reimbursement
for such site preparation work by the Secretary from such appropriated
funds.
(b) Research, engineering and development, and demonstrations
(1) Demonstration projects
The Secretary is authorized to carry out under section 312 of the
Federal Aviation Act of 1958 (49 U.S.C. App. 1353) such demonstration
projects as the Secretary determines necessary in connection with
research and development activities under such section.
(2) General authorization
For research, engineering and development, and demonstration projects
and activities under section 312 of the Federal Aviation Act of 1958 (49
App. U.S.C. 1353) and paragraph (1) of this subsection, there is
authorized to be appropriated from the Trust Fund --
(A) for fiscal year 1991 --
(i) $135,800,000 solely for air traffic control projects and
activities;
(ii) $19,100,000 solely for air traffic control advanced computer
projects and activities;
(iii) $3,400,000 solely for navigation projects and activities;
(iv) $9,700,000 solely for aviation weather projects and activities;
(v) $16,500,000 solely for aviation medicine projects and activities;
(vi) $70,100,000 solely for aircraft safety projects and activities;
and
(vii) $5,400,000 solely for environmental projects and activities;
and
(B) for fiscal year 1992 --
(i) $135,800,000 solely for air traffic control projects and
activities;
(ii) $19,100,000 solely for air traffic control advanced computer
projects and activities;
(iii) $3,400,000 solely for navigation projects and activities;
(iv) $9,700,000 solely for aviation weather projects and activities;
(v) $16,500,000 solely for aviation medicine projects and activities;
(vi) $70,100,000 solely for aircraft safety projects and activities;
and
(vii) $5,400,000 solely for environmental projects and activities.
Not less than 3 percent of the funds made available under this
paragraph for a fiscal year shall be available to the Administrator for
making grants under section 312(g) of the Federal Aviation Act of 1958
(49 App. U.S.C. 1353(g)).
(3) Authority to transfer funds
(A) Unlimited
Funds may be transferred among the projects and activities listed in
paragraph (2), except that the net funds transferred to or from any
category of such projects and activities listed in paragraph (2) in any
fiscal year may not exceed 10 percent of the amount authorized for such
category by paragraph (2) for such fiscal year.
(B) After notice
In addition, the Secretary may propose transfers to or from any
category of projects and activities listed in paragraph (2) exceeding 10
percent of the amount authorized for such category. An explanation of
the proposed transfer must be transmitted in writing to the Committee on
Science, Space, and Technology and the Committee on Appropriations of
the House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the Senate. The
proposed transfer may be made only when --
(i) 30 calendar days have passed after transmission of such
explanation; or
(ii) each such Committee has transmitted to the Secretary written
notice that such Committee has no objection to the proposed transfer.
(4) Funding for enhancing airport capacity
(A) General rule
Notwithstanding any other provision of this subsection, of funds made
available under paragraph (2) in each of fiscal years 1988, 1989, 1990,
1991, and 1992, not less than $25,000,000 per fiscal year is authorized
to be appropriated for research and development on preserving and
enhancing airport capacity (including research and development on
improvements to airport design standards, airport maintenance, airport
safety, airport operations, and airport environmental concerns) under
section 312 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1353).
(B) Report
Not later than 60 days after the last day of each of fiscal years
1988, 1989, 1990, 1991, and 1992, the Administrator of the Federal
Aviation Administration shall transmit to the Committee on Science,
Space, and Technology and the Committee on Public Works and
Transportation of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on
expenditures made by the Administrator for research and development
under subparagraph (A) in such fiscal year.
(5) Period of availability
Amounts appropriated under this subsection shall remain available
until expended.
(c) Other expenses
(1) Description
The balance of the moneys available in the Trust Fund may be
appropriated for (A) costs of services provided under international
agreements relating to the joint financing of air navigation services
which are assessed against the United States Government, and (B) direct
costs incurred by the Secretary to flight check, operate, and maintain
air navigation facilities referred to in subsection (a) of this section
in a safe and efficient manner.
(2) Fiscal years 1982-1987
The amount appropriated from the Trust Fund for the purposes of
clauses (A) and (B) of paragraph (1) of this subsection for fiscal year
1982 may not exceed $800,000,000, and for any fiscal year beginning
after September 30, 1982, and ending before October 1, 1987, may not
exceed the amount made available for purposes of section 2204 of this
Appendix for that fiscal year multiplied by a factor equal to 1.83 in
the case of fiscal year 1983; 1.25 in the case of fiscal year 1984;
1.28 in the case of fiscal year 1985; 1.28 in the case of fiscal year
1986; and 1.34 in the case of fiscal year 1987. The amount authorized
to be appropriated from the Trust Fund under this paragraph for any
fiscal year shall be reduced by an amount equal to two times the excess,
if any, of (A) the portion of the amount authorized to be appropriated
under subsection (a) of this section for such fiscal year which was not
authorized to be appropriated for any previous fiscal year, over (B) the
amount appropriated under such subsection for such fiscal year.
(3) Fiscal years 1988-1990
(A) Maximum amount appropriated
Subject to subparagraph (B) of this paragraph, the amount
appropriated from the Trust Fund for the purposes of clauses (A) and (B)
of paragraph (1) of this subsection for each of fiscal years 1988, 1989,
and 1990 may not exceed 50 percent of the amount of funds made available
under section 2204 of this Appendix and subsections (a) and (b) of this
section for such fiscal year.
(B) Reduction in maximum amount
The maximum amount which may be appropriated from the Trust Fund for
the purposes of clauses (A) and (B) of paragraph (1) for any fiscal
year, as determined under subparagraph (A) of this paragraph, shall be
reduced by an amount equal to 2 times the excess, if any, of --
(i) $3,278,000,000 in the case of fiscal year 1988, $3,445,000,000 in
the case of fiscal year 1989 and, /1/ $3,863,000,000 in the case of
fiscal year 1990, over
(ii) the amount made available under section 2204 of this Appendix
and subsections (a) and (b) of this section for such fiscal year.
(C) Increase in maximum amount
Subject to subparagraph (D), the amount authorized to be appropriated
from the Trust Fund under this paragraph for any fiscal year shall be
increased by an amount equal to 2 times the excess, if any, of --
(i) the amount made available under section 2204 of this Appendix and
subsections (a) and (b) of this section for such fiscal year, over
(ii) the portion of the amount authorized under such section and
subsections for such fiscal year which was not authorized for any
previous fiscal year.
(D) Limitation on increases
The aggregate amount of increases in the amount authorized to be
appropriated from the Trust Fund under this paragraph may not exceed the
aggregate amount of reductions made under subparagraph (B) of this
paragraph.
(4) Fiscal years 1991-1992
The amount appropriated from the Trust Fund for the purposes of
clauses (A) and (B) of paragraph (1) of this subsection for each of
fiscal years 1991 and 1992 may not exceed --
(A) 75 percent of the amount of funds made available under section
2204 of this Appendix, subsections (a) and (b) of this section, and
section 106(k) of title 49 for such fiscal year; less
(B) the amount of funds made available under section 2204 of this
Appendix and subsections (a) and (b) of this section for such fiscal
year.
(d) Weather services
The Secretary is authorized to reimburse the National Oceanic and
Atmospheric Administration from the funds authorized in subsection (c)
of this section for fiscal years beginning after September 30, 1982, for
the cost of providing the Federal Aviation Administration with weather
reporting services. Expenditures for the purposes of carrying out this
subsection shall be limited to $34,521,000 for fiscal year 1991 and
$35,389,000 for fiscal year 1992.
(e) Preservation of funds and priority for airport and airway
programs
(1) Notwithstanding any other provision of law to the contrary, no
amounts may be appropriated from the Trust Fund to carry out any program
or activity under the Federal Aviation Act of 1958 (49 App. U. S.C.
1301 et seq.), except programs or activities referred to in this section
and section 2204 of this Appendix.
(2) Amounts equal to the amounts authorized for each fiscal year by
section 2204 of this Appendix and subsections (a), (b), (c), and (d) of
this section shall remain available in the Trust Fund until appropriated
for the purposes described in such subsections.
(3) No amounts in the Trust Fund may be appropriated for any fiscal
year to carry out administrative expenses of the Department of
Transportation or of any unit thereof except to the extent authorized by
subsection (c) of this section.
(4) No provision of law, except for a statute enacted after September
3, 1982, which expressly limits the application of this paragraph, shall
impair the authority of the Secretary to obligate to an airport by grant
agreement in any fiscal year the unobligated balance of amounts which
were apportioned in prior fiscal years and which remain available for
approved airport development projects pursuant to section 2207 of this
Appendix, in addition to the amounts authorized for that fiscal year by
section 2204 of this Appendix.
(5) No provision of law shall be construed as authorizing the
Secretary to obligate or expend any amounts appropriated from the Trust
Fund for the purposes described in subsection (c) of this section in any
fiscal year after September 30, 1992, unless the provision expressly
amends the provisions of and the formulas in subsection (c) of this
section.
(f) Transmittal of budget estimates
Whenever the Administrator of the Federal Aviation Administration
submits or transmits any budget estimate, budget request, supplemental
budget estimate, or other budget information, legislative
recommendation, or comment on legislation to the Secretary, the
President of the United States, or to the Office of Management and
Budget pertaining to funds authorized in subsection (a) or (b) of this
section, it shall concurrently transmit a copy thereof to the Speaker of
the House of Representatives, the Committees on Public Works and
Transportation and Appropriations of the House of Representatives, the
President of the Senate, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate.
(Pub. L. 97-248, title V, 506, Sept. 3, 1982, 96 Stat. 677; Pub. L.
97-424, title IV, 426(c), Jan. 6, 1983, 96 Stat. 2168; Pub. L.
100-223, title I, 105(a), (b)(1), (c), (d), (g), Dec. 30, 1987, 101
Stat. 1489-1494; Pub. L. 100-591, 7, Nov. 3, 1988, 102 Stat. 3014;
Pub. L. 101-508, title IX, 9105(b), 9107, 9108, 9202-9204, Nov. 5, 1990,
104 Stat. 1388-355, 1388-372, 1388-373.)
The Federal Aviation Act of 1958, referred to in subsec. (e)(1), is
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is
classified principally to chapter 20 ( 1301 et seq.) of this Appendix.
For complete classification of this Act to the Code, see Short Title
note set out under section 1301 of this Appendix and Tables.
1990 -- Subsec. (a)(1). Pub. L. 101-508, 9105(b), substituted
''September 30, 1990, aggregate amounts not to exceed $2,500,000,000 for
fiscal year 1991 and $5,500,000,000 for the fiscal years ending before
October 1, 1992'' for ''September 30, 1981, aggregate amounts not to
exceed $6,327,000,000 for fiscal years ending before October 1, 1987,
$7,704,000,000 for fiscal years ending before October 1, 1988,
$9,434,000,000 for fiscal years ending before October 1, 1989, and
$11,625,200,000 for fiscal years ending before October 1, 1990''.
Subsec. (b)(2). Pub. L. 101-508, 9202, added subpars. (A) and (B)
and concluding provision ''Not less than 3 percent of the funds made
available under this paragraph for a fiscal year shall be available to
the Administrator for making grants under section 312(g) of the Federal
Aviation Act of 1958.'' and struck out former subpars. (A) to (C) which
authorized amounts to be appropriated for fiscal years 1988, 1989, and
1990 and former concluding provision which defined ''long-term research
project'' for purposes of this paragraph.
Subsec. (b)(4). Pub. L. 101-508, 9203, substituted ''1990, 1991, and
1992'' for ''and 1990'' in subpars. (A) and (B).
Subsec. (c)(3)(B)(i). Pub. L. 101-508, 9107(a), inserted ''and''
after ''1989'' and struck out ''$3,770,000,000 in the case of fiscal
year 1991, and $3,778,000,000 in the case of fiscal year 1992,'' after
''fiscal year 1990,''.
Subsec. (c)(4). Pub. L. 101-508, 9107(b), added par. (4).
Subsec. (d). Pub. L. 101-508, 9204, substituted ''Expenditures for
the purposes of carrying out this subsection shall be limited to
$34,521,000 for fiscal year 1991 and $35,389,000 for fiscal year 1992.''
for ''Expenditures for the purposes of carrying out this subsection
shall be limited to $34,998,000 for fiscal year 1987, $30,000,000 per
fiscal year for each of fiscal years 1988, 1989, and 1990, $34,521,000
for fiscal year 1991, and $35,389,000 for fiscal year 1992.''
Pub. L. 101-508, 9108, substituted ''1987, $30,000,000'' for ''1987
and $30,000,000'' and inserted '', $34,521,000 for fiscal year 1991, and
$35,389,000 for fiscal year 1992'' after ''and 1990''.
1988 -- Subsec. (b)(2). Pub. L. 100-591, 7(c), inserted sentence at
end defining ''long-term research project''.
Subsec. (b)(2)(B). Pub. L. 100-591, 7(a)(2), inserted at end ''except
that not less than 15 percent of the amount appropriated pursuant to
this subparagraph shall be for long-term research projects; and''.
Subsec. (b)(2)(B)(vii). Pub. L. 100-591, 7(a)(1), substituted a comma
for ''; and'' at end.
Subsec. (b)(2)(C). Pub. L. 100-591, 7(b), amended subpar. (C)
generally. Prior to amendment, subpar. (C) authorized $222,000,000 for
fiscal year 1990.
1987 -- Subsec. (a)(1). Pub. L. 100-223, 105(a)(2), added par. (1)
and struck out former undesignated par. which read as follows: ''For
the purposes of acquiring, establishing, and improving air navigation
facilities under section 307(b) of the Federal Aviation Act of 1958 (49
U.S.C. 1348(b) (49 App. U.S.C. 1348(b))), there is authorized to be
appropriated from the Trust Fund for fiscal years beginning after
September 30, 1981, aggregate amounts not to exceed $261,000,000 for
fiscal year 1982; $986,000,000 for the fiscal years ending before
October 1, 1983; $2,379,000,000 for the fiscal years ending before
October 1, 1984; $3,786,000,000 for the fiscal years ending before
October 1, 1985; $5,163,000,000 for the fiscal years ending before
October 1, 1986; and $6,327,000,000 for the fiscal years ending before
October 1, 1987. Amounts appropriated under the authorizations in this
subsection shall remain available until expended.''
Subsec. (a)(2). Pub. L. 100-223, 105(a)(2), added par. (2). Former
par. (2) redesignated (3).
Subsec. (a)(3). Pub. L. 100-223, 105(a)(1), (g)(1), redesignated
former par. (2) as (3), inserted par. heading, and aligned par. (3)
with par. (1).
Subsec. (b). Pub. L. 100-223, 105(b)(1), amended subsec. (b)
generally, substituting provisions consisting of pars. (1) to (5) for
former provision consisting of a single par.
Subsec. (c)(1), (2). Pub. L. 100-223, 105(g)(2)(A)-(C), inserted
par. headings and aligned pars. with par. (3).
Subsec. (c)(3). Pub. L. 100-223, 105(c)(1), added par. (3).
Subsec. (d). Pub. L. 100-223, 105(c)(2), struck out ''$26,700,000 for
fiscal year 1983; $28,569,000 for fiscal year 1984; $30,569,000 for
fiscal year 1985; and $32,709,000 for fiscal year 1986; and'' after
''limited to'' and inserted ''and $30,000,000 per fiscal year for each
of fiscal years 1988, 1989, and 1990''.
Subsec. (e)(1). Pub. L. 100-223, 105(d)(1), inserted ''and section
2204 of this Appendix''.
Subsec. (e)(2). Pub. L. 100-223, 105(g)(3), substituted ''(c), and
(d)'' for ''and (d) and the third sentence of section (c)''.
Subsec. (e)(5). Pub. L. 100-223, 105(d)(2), substituted ''1992'' for
''1987''.
1983 -- Subsec. (c)(2). Pub. L. 97-424, 426(c), substituted ''for
that fiscal year multiplied by a factor equal to 1.83 in the case of
fiscal year 1983; 1.25 in the case of fiscal year 1984; 1.28 in the
case of fiscal year 1985; 1.28 in the case of fiscal year 1986; and
1.34 in the case of fiscal year 1987'' for ''for that fiscal year
multiplied by a factor equal to 2.44 in the case of fiscal year 1983;
1.57 in the case of fiscal year 1984; 1.39 in the case of fiscal year
1985; 1.28 in the case of fiscal year 1986; and 1.34 in the case of
fiscal year 1987'' after ''section 2204 of this Appendix''.
Section 105(b)(2) of Pub. L. 100-223 provided that: ''The amendment
made by paragraph (1) (amending this section) shall take effect October
1, 1987.''
Pub. L. 102-143, title III, 324, Oct. 28, 1991, 105 Stat. 943,
provided that: ''Notwithstanding any other provision of law, airports
may transfer, without consideration, to the Federal Aviation
Administration instrument landing systems (along with associated
approach lighting equipment and runway visual range equipment) which
conform to Federal Aviation Administration performance specifications,
the purchase of which was assisted by a Federal airport aid program,
airport development aid program or airport improvement program grant.
The Federal Aviation Administration shall accept such equipment, which
shall thereafter be operated and maintained by the Federal Aviation
Administration in accordance with agency criteria.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-516, title III, 324, Nov. 5, 1990, 104 Stat. 2182.
Pub. L. 101-164, title III, 331, Nov. 21, 1989, 103 Stat. 1097.
/1/ So in original. The comma probably should precede ''and''.
49 USC 2206. Apportionment of funds
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Apportionment
On the first day of each fiscal year for which any amount is
authorized to be obligated for the purposes of section 2204 of this
Appendix, the amount made available for the fiscal year under such
section and not previously apportioned shall be apportioned by the
Secretary as follows:
(1) Primary airports
To the sponsor of each primary airport, as follows:
(A) $7.80 for each of the first 50,000 passengers enplaned at the
airport;
(B) $5.20 for each of the next 50,000 passengers enplaned at the
airport;
(C) $2.60 for each of the next 400,000 passengers enplaned at the
airport; and
(D) $0.65 for each additional passenger enplaned at the airport.
(2) Cargo service airports
To the sponsors of airports which are served by aircraft providing
air transportation of only property (including mail) with an aggregate
annual landed weight in excess of 100,000,000 pounds, 3 percent of the
amount made available under section 2204 of this Appendix for such
fiscal year (but not to exceed $50,000,000) as follows: In the
proportion which the aggregate annual landed weight of all such aircraft
landing at each such airport bears to the total aggregate annual landed
weight of all such aircraft landing at all such airports.
(3) States
To the States, 12 percent of the amount made available under section
2204 of this Appendix for such fiscal year, as follows:
(A) Insular areas
For airports, 1 percent of such amounts to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and the Virgin Islands.
(B) States
For airports, other than primary airports and airports described in
section 2207(d)(3) of this Appendix, 1/2 of the remaining 99 percent in
the proportion which the population of each State (other than a State to
which subparagraph (A) applies) bears to the total population of all
such States and 1/2 of the remaining 99 percent in the proportion which
the area of each such State bears to the total area of all such States.
(b) Special rules
(1) Maximum and minimum amounts for primary airports
The Secretary shall not apportion less than $300,000 nor more than
$16,000,000 under subsection (a)(1) of this section to an airport
sponsor for any primary airport for any fiscal year.
(2) Limitation on total apportionments to primary and cargo service
airports
(A) General rule
In no event shall the total amount of all apportionments under
subsections (a)(1) and (a)(2) of this section for any fiscal year exceed
49.5 percent of the amount authorized to be obligated for such fiscal
year for the purposes of section 2204 of this Appendix.
(B) Distribution
In any case in which apportionments in a fiscal year would be reduced
by subparagraph (A), the Secretary shall for such fiscal year reduce the
apportionment to each sponsor of an airport under subsections (a)(1) and
(a)(2) of this section proportionately so that such 49.5 percent amount
is achieved.
(3) Effect of obligation ceiling on primary and cargo service
apportionments
(A) Overall limit
If any Act of Congress has the effect of limiting or reducing the
amount authorized or available to be obligated for any fiscal year for
the purposes of section 2204 of this Appendix, the total amount of all
apportionments under subsections (a)(1) and (a)(2) of this section for
such fiscal year shall not exceed 49.5 percent of such limited or
reduced amount.
(B) Distribution
In any case in which apportionments in a fiscal year would be reduced
by subparagraph (A), the Secretary shall for such fiscal year reduce the
apportionment to each sponsor of an airport under subsections (a)(1) and
(a)(2) of this section proportionately so that such 49.5 percent amount
is achieved.
(4) Maximum percentage of apportionments to any cargo service airport
The Secretary shall not apportion to the sponsor of any airport more
than 8 percent of the total amount of apportionments under subsection
(a)(2) of this section for any fiscal year.
(5) Treatment of Alaska
(A) Apportionment formula
Notwithstanding any other provision of subsection (a) of this
section, for any fiscal year for which funds are made available under
section 2204 of this Appendix the Secretary may apportion funds for
airports in the State of Alaska in the same manner in which funds were
apportioned in fiscal year 1980 under section 15(a) of the Airport and
Airway Development Act of 1970 (49 App. U.S.C. 1715(a)).
(B) Minimum apportionment
In no event shall the total amount apportioned for such airports
under this paragraph for any fiscal year be less than the minimum
amounts that were required to be apportioned to such airports in fiscal
year 1980 under section 15(a)(3)(A) of such Act (49 App. U.S.C. 1715(
a)(3)(A)).
(C) Hold harmless
In no event shall a primary airport be apportioned less under this
paragraph for a fiscal year than it would be apportioned for such fiscal
year under subsection (a)(1) of this section.
(D) Expenditures at commercial service airports
In no event shall the amount of funds apportioned under this
paragraph which are expended at any commercial service airport in the
State of Alaska during a fiscal year exceed 110 percent of the amount
apportioned to such airport for such fiscal year.
(E) Discretionary funding
Nothing in this paragraph shall be construed as prohibiting the
Secretary from making additional project grants to airports in the State
of Alaska from the discretionary fund established by subsection (c) of
this section.
(6) Eligibility
(A) Alaska
Notwithstanding subsection (a)(3)(B) of this section, funds
apportioned under such subsection for airports in the State of Alaska
may be made available by the Secretary for public airports described in
section 2207(d)(3)(C) of this Appendix in such State.
(B) Puerto Rico
Notwithstanding subsection (a)(3)(B) of this section, funds
apportioned under such subsection for airports in the Commonwealth of
Puerto Rico may be made available by the Secretary for primary airports
and airports described in section 2207(d)(3) of this Appendix in such
Commonwealth.
(7) Reduction in apportionments to certain large and medium hubs
(A) General rule
The amount which, but for this paragraph, would be apportioned under
this section (other than subsection (a)(2)) for a fiscal year to a
sponsor of an airport that annually has 0.25 percent or more of the
total annual enplanements in the United States and for which a fee is
imposed in such fiscal year pursuant to section 1513(e) of this Appendix
shall be reduced by an amount equal to 50 percent of the projected
revenues derived from such fee in such fiscal year.
(B) Limitations
The maximum reduction in an apportionment to a sponsor of an airport
as a result of this paragraph in a fiscal year shall be 50 percent of
the amount which, but for this paragraph, would be apportioned to such
airport under this section.
(c) Discretionary fund
(1) Establishment
Subject to section 2207(d) of this Appendix and paragraph (2) of this
subsection any amounts --
(A) which are made available for a fiscal year under section 2204 of
this Appendix,
(B) which have not been previously apportioned by the Secretary, and
(C) which are not apportioned under subsections (a) and (b)(5) of
this subsection, /1/
shall constitute a discretionary fund to be distributed at the
discretion of the Secretary. Twenty-five percent of the amounts which
are not apportioned under this section as a result of subsection (b)(7)
of this section shall be added to such discretionary fund. Fifty percent
of amounts added to such discretionary fund pursuant to the preceding
sentence shall be used for making grants for projects at small hub
airports (as such term is defined in section 1389(k) of this Appendix).
Such discretionary fund shall be used for making grants for any of the
purposes for which funds are made available under section 2204 of this
Appendix as the Secretary considers most appropriate for carrying out
the purposes of this chapter.
(2) Level of funding for preserving and enhancing capacity, safety,
and security
Subject to section 2207(d) of this Appendix and paragraph (4) of this
subsection, not less than 75 percent of the funds in the discretionary
fund pursuant to paragraph (1) and distributed by the Secretary under
this subsection in a fiscal year beginning after September 30, 1987,
shall be used for making grants for any of the following purposes:
preserving and enhancing capacity, safety, and security at primary
airports and reliever airports and carrying out airport noise
compatibility planning and programs at primary airports and reliever
airports.
(3) Selection criteria
In selecting projects for grants described in paragraph (2) for
preserving and enhancing capacity at airports, the Secretary shall
consider each proposed project's effect on overall national air
transportation system capacity, project benefit and cost, and the
financial commitment of the airport operator or other non-Federal
funding sources to preserve or enhance airport capacity.
(4) Limitation
If the Secretary determines that the Secretary will not be able to
comply with the percentage requirement established by paragraph (2) in
any fiscal year because the number of qualified applications submitted
in compliance with this chapter is insufficient to meet such
percentages, the portion of funds which the Secretary determines will
not be so distributed shall be available for obligation during such
fiscal year without regard to such requirement.
(d) Small airport fund
(1) Establishment
Seventy-five percent of the amounts which are not apportioned under
this section as a result of subsection (b)(7) of this section shall
constitute a small airport fund to be distributed at the discretion of
the Secretary.
(2) Set-aside for general aviation airports
One-third of the amounts in the small airport fund established by
this subsection and distributed by the Secretary under this subsection
in a fiscal year shall be used for making grants to sponsors of
public-use airports (other than commercial service airports) for any
purpose for which funds are made available under section 2204 of this
Appendix.
(3) Set-aside for nonhub airports
Two-thirds of the amounts in the small airport fund established by
this subsection and distributed by the Secretary under this subsection
in a fiscal year shall be used for making grants to sponsors of
commercial service airports each of which annually has less than 0.05
percent of the total annual enplanements in the United States for any
purpose for which funds are made available under section 2204 of this
Appendix.
(4) Treatment of airports participating in State block program
An airport in a State which is participating in the State block grant
program under section 2227 of this Appendix shall be eligible to receive
grants pursuant to this subsection to the same extent that the airport
would be eligible to receive such grants if the State was not
participating in such program.
(e) Calendar year as basis for determining certain apportionments
(1) Passengers enplaned
For purposes of determining apportionments for any fiscal year under
subsection (a)(1) of this section, the number of passengers enplaned at
an airport shall be based on the number of passengers enplaned at such
airport during the preceding calendar year.
(2) Landed weight
For purposes of determining apportionments for any fiscal year under
subsection (a)(2) of this section, the landed weight of aircraft landing
at an airport referred to in subsection (a)(2) of this section shall be
based on the landed weight of aircraft landing at such airport and all
such airports during the preceding calendar year.
(f) Definitions
As used in subsection (a)(3) of this section --
(1) Population
The term ''population'' means the population according to the latest
decennial census of the United States.
(2) Area
The term ''area'' includes both land and water.
(Pub. L. 97-248, title V, 507, Sept. 3, 1982, 96 Stat. 679; Pub. L.
97-424, title IV, 426(a), (d), Jan. 6, 1983, 96 Stat. 2167, 2168; Pub.
L. 100-223, title I, 106(a), Dec. 30, 1987, 101 Stat. 1494; Pub. L.
101-508, title IX, 9111, 9112(a), (b), Nov. 5, 1990, 104 Stat.
1388-362.)
Section 15 of the Airport and Airway Development Act of 1970 (49 App.
U.S.C. 1715), referred to in subsec. (b)(5)(A), (B), was repealed by
Pub. L. 97-248, title V, 523(a), Sept. 3, 1982, 96 Stat. 695.
1990 -- Subsec. (b)(7). Pub. L. 101-508, 9111, added par. (7).
Subsec. (c)(1). Pub. L. 101-508, 9112(a), inserted after first
sentence ''Twenty-five percent of the amounts which are not apportioned
under this section as a result of subsection (b)(7) of this section
shall be added to such discretionary fund. Fifty percent of amounts
added to such discretionary fund pursuant to the preceding sentence
shall be used for making grants for projects at small hub airports (as
such term is defined in section 1389(k) of this Appendix).''
Subsecs. (d) to (f). Pub. L. 101-508, 9112(b), added subsec. (d) and
redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
1987 -- Pub. L. 100-223 amended section generally, revising and
restating as subsecs. (a) to (e) provisions of former subsecs. (a) and
(b).
1983 -- Subsec. (a)(1)(E). Pub. L. 97-424, 426(d), inserted '',
after complying with the provisions of paragraph (3)(B) of this
subsection,'' after ''the Secretary''.
Subsec. (a)(3). Pub. L. 97-424, 426(a), redesignated existing
provisions as subpar. (A) and added subpar. (B).
Amendment by Pub. L. 100-223 effective Oct. 1, 1987, and applicable
to fiscal years beginning on and after such date, see section 106(c) of
Pub. L. 100-223, set out as a note under section 2204 of this Appendix.
Section 9112(c) of Pub. L. 101-508 provided that: ''It is the sense
of Congress that the Secretary should not reduce funding under the
discretionary fund established under section 507(c) of the Airport and
Airway Improvement Act of 1982 (subsec. (c) of this section) for small
commercial service and general aviation airports as a result of
additional funds made available to such airports under this section
(amending this section), including amendments made by this section.''
section 4283.
/1/ So in original. Probably should be ''this section,''.
49 USC 2207. Use of apportioned and discretionary funds; miscellaneous
conditions
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Duration of availability of apportioned amounts
Each amount apportioned under subsection (a) or (b)(5) of section
2206 of this Appendix shall be available for obligation under such
apportionment during the fiscal year for which it was first authorized
to be obligated and the two fiscal years immediately following. Any
amount so apportioned which has not been obligated within such time
shall be added to the discretionary fund established by section 2206(c)
of this Appendix.
(b) Transfer of certain apportionments of primary airports
(1) Funds apportioned to a sponsor under section 2206(a)(1) of this
Appendix may be used for any of the purposes for which funds are made
available under section 2204 of this Appendix at any public-use airport
of such sponsor which is in the national plan of integrated airport
systems.
(2) A sponsor may enter into an agreement with the Secretary whereby
the sponsor waives receipt of all or part of the funds apportioned to it
under such section on the condition that the Secretary make the waived
amount available for any of the purposes for which funds are made
available under section 2204 of this Appendix to the sponsor of another
public-use airport which is a part of the same State or geographical
area as the airport of the sponsor making the waiver.
(c) States
Funds apportioned to a State under section 2206(a)(3) of this
Appendix shall be available for any of the purposes for which funds are
made available under section 2204 of this Appendix to airports described
in section 2206(a)(3) of this Appendix which are located in such State.
Each sponsor of such an airport may apply to the Secretary for grants
from funds apportioned to such State.
(d) General limitations
(1) Not less than 10 percent of the funds made available under
section 2204 of this Appendix for any fiscal year shall be distributed
to reliever airports during such fiscal year.
(2) Not less than 10 percent of the funds made available under
section 2204 of this Appendix for any fiscal year shall be obligated
during such fiscal year for airport noise compatibility planning under
section 2103(b) of this Appendix and for carrying out noise
compatibility programs or parts thereof under section 2104(c) of this
Appendix.
(3) Not less than 2.5 percent of the funds made available under
section 2204 of this Appendix for any fiscal year shall be distributed
during such fiscal year to --
(A) commercial service airports which are not primary airports,
(B) public airports (other than commercial service airports) which
were eligible for Federal assistance from funds apportioned under
section 15(a)(3) of the Airport and Airway Development Act of 1970 (49
App. U.S.C. 1715(a)(3)), and to which section 15(a)(3)(A)(I) of such Act
applied during fiscal year 1981, and
(C) public airports (other than commercial service airports) which
were eligible for Federal assistance from funds apportioned under
section 15(a)(3) of the Airport and Airway Development Act of 1970 (49
App. U.S.C. 1715(a)(3)), and to which section 15(a)(3)(A)(II) of such
Act applied during fiscal year 1981.
No amounts obligated from the funds apportioned under section 2206(
b)(5) of this Appendix shall be counted as part of the 2.5 percent
required to be distributed under this paragraph for each fiscal year.
(4) Not less than 1/2 of 1 percent of the funds made available under
section 2204 of this Appendix for any fiscal year shall be distributed
to planning agencies for the purpose of integrated airport system
planning during such fiscal year.
(5) Military airport set-aside. -- Not less than 1.5 percent of the
funds made available under section 2204 of this Appendix in each of
fiscal years 1991 and 1992 shall be distributed during such fiscal year
to sponsors of current or former military airports designated by the
Secretary under subsection (f) of this section for the purpose of
developing current and former military airports to improve the capacity
of the national air transportation system.
(6) Reallocation. -- If the Secretary determines that he will not be
able to distribute the amount of funds required to be distributed under
paragraph (1), (2), (3), (4), or (5) of this subsection for any fiscal
year because the number of qualified applications submitted in
compliance with this chapter is insufficient to meet such amount, the
portion of such amount the Secretary determines will not be distributed
shall be available for obligation during such fiscal year for other
airports and for other purposes authorized by section 2204 of this
Appendix.
(e) Use of certain apportioned funds for discretionary purposes
(1) Subject to paragraphs (2) and (3), if the Secretary determines,
based upon notice provided under section 2208(e) of this Appendix, or
otherwise that any of the amounts apportioned under section 2206(a) or
2206(b)(5) of this Appendix will not be obligated during a fiscal year,
the Secretary may obligate during such fiscal year an amount equal to
such amounts at his discretion for any of the purposes for which funds
are made available under section 2204 of this Appendix.
(2) The Secretary may make obligations in accordance with paragraph
(1) only if the Secretary determines that the total of obligations for
such fiscal year for purposes of section 2204 of this Appendix will not
exceed the amount authorized for such fiscal year under section 2204(a)
of this Appendix and if the Secretary determines that sufficient amounts
are authorized under section 2204(a) of this Appendix for later fiscal
years for obligation for such apportioned amounts which were not
obligated during such fiscal year and which remain available under
section 2207(a) of this Appendix.
(3) For the purposes of carrying out this subsection --
(A) None of the funds provided in the joint resolution providing
continuing appropriations for the fiscal year 1983 shall be available
for the planning or execution of programs the commitments for which are
in excess of $1,050,000,000 for the two fiscal years ending prior to
October 1, 1983, for grants-in-aid for airport planning, noise
compatibility planning and programs, and development; and
(B) Section 2205(e)(4) of this Appendix shall not in any manner
whatsoever impair the limitation established by this paragraph.
(f) Designation of current or former military airports
(1) Designation
The Secretary shall designate not more than 8 current or former
military airports for participation in the grant program established
under subsection (d)(5) of this section and this subsection. At least 2
such airports shall be designated within 6 months after November 5,
1990, and the remaining airports shall be designated for participation
no later than September 30, 1992.
(2) Survey
The Secretary shall conduct a survey of current and former military
airports to identify which ones have the greatest potential to improve
the capacity of the national air transportation system. The survey shall
also identify the capital development needs of such airports in order to
make them part of the national air transportation system and shall
identify which capital development needs are eligible for grants under
section 2204 of this Appendix. The survey shall be completed by
September 30, 1991.
(3) Limitation
In selecting airports for participation in the program established
under subsection (d)(5) of this section and this subsection and in
conducting the survey under paragraph (2), the Secretary shall consider
only those current or former military airports whose conversion in whole
or in part to civilian commercial or reliever airport as part of the
national air transportation system would enhance airport and air traffic
control system capacity in major metropolitan areas and reduce current
and projected flight delays.
(4) Period of eligibility
An airport designated by the Secretary under this subsection shall
remain eligible to participate in the program under subsection (d)(5) of
this section and this subsection for the 5 fiscal years following such
designation. An airport that does not attain a level of enplaned
passengers during such 5 fiscal year period which qualifies it as a
small hub airport as defined as of January 1, 1990, or reliever airport
may be redesignated by the Secretary for participation in the program
for such additional fiscal years as may be determined by the Secretary.
(5) Additional funding
Notwithstanding the provisions of section 2212(b) of this Appendix,
not to exceed $5,000,000 per airport of the sums to be distributed at
the discretion of the Secretary under section 2206(c) of this Appendix
for any fiscal year may be used by the sponsor of a current or former
military airport designated by the Secretary under this subsection for
construction, improvement, or repair of terminal building facilities,
including terminal gates used by aircraft for enplaning and deplaning
revenue passengers. Under no circumstances shall any gates constructed,
improved, or repaired with Federal funding under this paragraph be
subject to long-term leases for periods exceeding 10 years or majority
in interest clauses.
(Pub. L. 97-248, title V, 508, Sept. 3, 1982, 96 Stat. 681; Pub. L.
97-276, title I, 167, Oct. 2, 1982, 96 Stat. 1204; Pub. L. 100-223,
title I, 106(b)(2), 107, Dec. 30, 1987, 101 Stat. 1497, 1498; Pub. L.
101-508, title IX, 9109(b), (c), Nov. 5, 1990, 104 Stat. 1388-356.)
Section 15 of the Airport and Airway Development Act of 1970 (49 App.
U.S.C. 1715), referred to in subsec. (d)(3)(B), (C), was repealed by
Pub. L. 97-248, title V, 523(a), Sept. 3, 1982, 96 Stat. 695.
The joint resolution providing continuing appropriations for the
fiscal year 1983, referred to in subsec. (e)(3)(A), is House Joint
Resolution 599, Ninety-seventh Congress, 2d Session, which became Pub.
L. 97-276.
1990 -- Subsec. (d)(5), (6). Pub. L. 101-508, 9109(b), added pars.
(5) and (6) and struck out former par. (5) which read as follows: ''If
the Secretary determines that he will not be able to distribute the
amount of funds required to be distributed under paragraph (1), (2),
(3), or (4) of this subsection for any fiscal year because the number of
qualified applications submitted in compliance with this chapter is
insufficient to meet such amount, the portion of such amount the
Secretary determines will not be distributed shall be available for
obligation during such fiscal year for other airports and for other
purposes authorized by section 2204 of this Appendix.''
Subsec. (f). Pub. L. 101-508, 9109(c), added subsec. (f).
1987 -- Subsec. (a). Pub. L. 100-223, 106(b)(2)(A), (B), substituted
''subsection (a) or (b)(5) of section 2206'' for ''paragraph (1), (2),
or (4) of section 2206(a)'' and ''section 2206( c)'' for ''section
2206(a)(3)''.
Subsec. (c). Pub. L. 100-223, 106(b)(2)(C), substituted ''section
2206(a)(3)'' for ''section 2206(a)(2)'' in two places.
Subsec. (d)(2). Pub. L. 100-223, 107(a), (d), substituted ''10
percent'' for ''8 percent'' and struck out ''(A)'' after ''such fiscal
year'' and '', and (B) in the case of fiscal year 1982, for any of the
purposes set forth in section 2204(c) of this Appendix'' after ''section
2104(c) of this Appendix''.
Subsec. (d)(3). Pub. L. 100-223, 107(b), substituted ''2.5 percent''
for ''5.5 percent'' in introductory and concluding provisions.
Pub. L. 100-223, 106(b)(2)(D), substituted ''section 2206(b)(5) of
this Appendix'' for ''paragraph (4) of section 2206(a) of this
Appendix'' in concluding provisions.
Subsec. (d)(4). Pub. L. 100-223, 107(c), substituted '' 1/2 of 1
percent'' for ''one percent''.
Subsec. (e)(1). Pub. L. 100-223, 106(b)(2)(E), substituted ''section
2206(a) or 2206(b)(5)'' for ''section 2206(a)''.
1982 -- Subsec. (e). Pub. L. 97-276 added subsec. (e).
Amendment by section 106(b)(2) of Pub. L. 100-223 effective Oct. 1,
1987, and applicable to fiscal years beginning on and after such date,
see section 106(c) of Pub. L. 100-223, set out as a note under section
2204 of this Appendix.
49 USC 2208. Submission and approval of project grant applications
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Submission
(1) Subject to the provisions of this subsection, (A) any public
agency, or two or more public agencies acting jointly, or (B) any
sponsor of a public-use airport, or two or more such sponsors acting
jointly, may submit to the Secretary a project grant application for one
or more projects, in a form and containing such information as the
Secretary may prescribe, setting forth the project proposed to be
undertaken. No project grant application shall propose airport
development or airport planning except in connection with public-use
airports included in the current national plan of integrated airport
systems prepared pursuant to section 2203 of this Appendix. Nothing in
this subsection shall authorize the submission of a project grant
application by any public agency which is subject to the law of any
State if the submission of such application by the public agency is
prohibited by the law of that State. All proposed airport development
shall be in accordance with standards established or approved by the
Secretary, including, but not limited to, standards for site location,
airport layout, site preparation, paving, lighting, and safety of
approaches.
(2) Notwithstanding any provision of this chapter, the sponsor of any
airport may submit a project-grant application for airport development
(including noise compatibility projects) to the Secretary within 180
days after September 3, 1982, and the Secretary may incur obligations to
fund such projects, in accordance with the provisions of this chapter,
from funds available for obligation pursuant to section 2206 of this
Appendix, if --
(A) a project-grant application or preapplication for such project
was submitted to the Secretary before September 30, 1980; or
(B) the project was carried out after September 30, 1980, and before
September 3, 1982.
(3) State sponsorship. -- Nothing in this chapter shall preclude a
State from submitting, as sole sponsor, a project application under this
chapter for an airport development project benefitting 2 or more
airports in the State or airport planning for similar projects at 2 or
more airports in the State if --
(A) the sponsors of such airports consent in writing to State
sponsorship of such projects or planning;
(B) the Secretary is satisfied that there is administrative merit and
aeronautical benefit to State sponsorship of such projects or planning;
and
(C) an acceptable agreement exists to ensure compliance by the State
with appropriate grant conditions and other assurances required by the
Secretary.
(b) Approval
(1) No project grant application may be approved by the Secretary
unless the Secretary is satisfied that --
(A) the project is reasonably consistent with plans (existing at the
time of approval of the project) of public agencies authorized by the
State in which such airport is located to plan for the development of
the area surrounding the airport and will contribute to the
accomplishment of the purposes of this chapter;
(B) sufficient funds are available for that portion of the project
costs which are not to be paid by the United States under this chapter;
(C) the project will be completed without undue delay;
(D) the sponsor which submitted the project grant application has
legal authority to engage in the project as proposed; and
(E) all project sponsorship requirements prescribed by or under the
authority of this chapter have been or will be met.
(2) No project grant application for airport development may be
approved by the Secretary unless the sponsor, a public agency, or the
United States or an agency thereof holds good title, satisfactory to the
Secretary, to the landing area of the airport or site therefor, or gives
assurance satisfactory to the Secretary that good title will be
acquired.
(3) No project grant application for airport development may be
approved by the Secretary which does not include provision for (A) land
required for the installation of approach light systems; (B) touchdown
zone and centerline runway lighting; or (C) high intensity runway
lighting, when it is determined by the Secretary that any such item is
required for the safe and efficient use of the airport by aircraft,
taking into account the type and volume of traffic utilizing the
airport.
(4) No project grant application for airport development may be
approved unless the Secretary is satisfied that fair consideration has
been given to the interest of communities in or near which the project
may be located.
(5) It is declared to be national policy that airport development
projects authorized pursuant to this chapter shall provide for the
protection and enhancement of the natural resources and the quality of
the environment of the Nation. In implementing this policy, the
Secretary shall consult with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency with regard to any
project included in a project grant application involving airport
location, a major runway extension, or runway location which may have a
significant impact on natural resources including, but not limited to,
fish and wildlife, natural, scenic, and recreation assets, water and air
quality, and other factors affecting the environment, and shall
authorize no such project found to have significant adverse effect
unless the Secretary shall render a finding, in writing, following a
full and complete review, which shall be a matter of public record, that
no feasible and prudent alternative exists and that all reasonable steps
have been taken to minimize such adverse effect.
(6)(A) No project grant application for airport development involving
the location of an airport, an airport runway, or a major runway
extension may be approved by the Secretary unless the sponsor of the
project certifies to the Secretary that there has been afforded the
opportunity for public hearings for the purpose of considering the
economic, social, and environmental effects of the airport or runway
location and its consistency with the goals and objectives of such
planning as has been carried out by the community.
(B) When hearings are held under subparagraph (A) of this paragraph,
the project sponsor shall, when requested by the Secretary, submit a
copy of the transcript to the Secretary.
(7)(A) No project grant application for a project involving airport
location, a major runway extension, or runway location may be approved
unless the Governor of the State in which such project is to be located
certifies in writing to the Secretary that there is reasonable assurance
that the project will be located, designed, constructed, and operated so
as to comply with applicable air and water quality standards. In any
case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the
Administrator of the Environmental Protection Agency, certification
shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the project
application has been received by the Secretary.
(B) The Secretary shall condition approval of any such project grant
application on compliance during construction and operation with
applicable air and water quality standards.
(8) Notwithstanding any other provision of law, the Secretary may
approve an application for an airport development project (other than an
airport development project to which paragraph (7)(A) applies) at an
existing airport without requiring the preparation of an environmental
impact statement with respect to noise for such project if --
(A) completion of the project would allow existing aircraft
operations at the airport that involve aircraft that do not comply with
the noise standards prescribed for ''stage 2'' aircraft in section 36.1
of title 14, Code of Federal Regulations, to be replaced by aircraft
operations involving aircraft that do comply with such standards; and
(B) the project complies with all other statutory and administrative
requirements imposed under this chapter.
(9) In establishing priorities for the distribution of funds
available pursuant to section 2206 of this Appendix, the Secretary may
give priority to approval of projects that are consistent with
integrated airport system plans.
(c) State standards
The Secretary is authorized to approve standards, other than
standards for safety of approaches, established by a State for airport
development at public-use airports in such State which are not primary
airports, and, upon such approval, such State standards shall be the
standards applicable to such airports in lieu of any comparable standard
established under subsection (a) of this section. State standards
approved under this subsection may be revised from time to time, as the
State or the Secretary determines necessary, subject to approval of such
revisions by the Secretary.
(d) Acceptance of certification
The Secretary is authorized in connection with any project to require
a certification from a sponsor that such sponsor will comply with all of
the statutory and administrative requirements imposed on such sponsor
under this chapter in connection with such project. Acceptance by the
Secretary of a certification from a sponsor may be rescinded by the
Secretary at any time. Nothing in this subsection shall affect or
discharge any responsibility or obligation of the Secretary under any
other Federal law, including, but not limited to, the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 303
of title 49, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b)
(42 U.S.C. 2000d et seq.), title VIII of the Act of April 11, 1968 (42
U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S. C. 4601 et seq.).
(e) Requirement of notice
Each sponsor to which funds are apportioned under section 2206(a)(1)
or 2206(a)(2) of this Appendix shall notify the Secretary, by such time
and in a form containing such information as the Secretary may
prescribe, of the fiscal year in which it intends to apply, by project
grant application, for such funds. If a sponsor does not provide such
notification, the Secretary may defer approval of any application for
such funds until the fiscal year immediately following the fiscal year
in which such application is submitted.
(Pub. L. 97-248, title V, 509, Sept. 3, 1982, 96 Stat. 682; Pub. L.
100-223, title I, 106(b)(3), 108, Dec. 30, 1987, 101 Stat. 1498.)
The National Environmental Policy Act of 1969, referred to in subsec.
(d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 ( 4321 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 4321 of Title 42
and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the
Civil Rights Act of 1964 is classified generally to subchapter V ( 2000d
et seq.) of chapter 21 of Title 42. For complete classification of this
Act to the Code, see Short Title note set out under section 2000a of
Title 42 and Tables.
Title VIII of the Act of April 11, 1968, referred to in subsec. (d),
is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 81, as
amended, known as the Fair Housing Act, which is classified principally
to subchapter I ( 3601 et seq.) of chapter 45 of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 3601 of Title 42 and Tables.
The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, referred to in subsec. (d), is Pub. L. 91-646,
Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified
principally to chapter 61 ( 4601 et seq.) of Title 42. For complete
classification of this Act to the Code, see Short Title note set out
under section 4601 of Title 42 and Tables.
In subsec. (d), ''section 303 of title 49'' substituted for
''section 4(f) of the Department of Transportation Act (49 U.S.C. 1652)
(49 U.S.C. 1653(f))'' pursuant to Pub. L. 97-449, 6(b), Jan. 12, 1983,
96 Stat. 2443, the first section of which enacted subtitle I ( 101 et
seq.) and chapter 31 ( 3101 et seq.) of subtitle II of Title 49,
Transportation.
1987 -- Subsec. (a)(2). Pub. L. 100-223, 106(b)(3)(A), substituted
''section 2206'' for ''section 2206(a)''.
Subsec. (a)(3). Pub. L. 100-223, 108, added par. (3).
Subsec. (e). Pub. L. 100-223, 106(b)(3)(B), substituted ''section
2206(a)(1) or 2206(a)(2)'' for ''section 2206(a)(1)''.
Amendment by section 106(b)(3) of Pub. L. 100-223 effective Oct. 1,
1987, and applicable to fiscal years beginning on and after such date,
see section 106(c) of Pub. L. 100-223, set out as a note under section
2204 of this Appendix.
49 USC 2209. United States share of project costs
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General provision
Except as otherwise provided in this chapter, the United States share
of allowable project costs payable on account of any project contained
in an approved project grant application submitted in accordance with
this chapter shall be 90 percent of the allowable project costs.
(b) Projects at certain primary airports
In the case of primary airports enplaning 0.25 percent or more of the
total number of passengers enplaned annually at all commercial service
airports, the United States share of allowable project costs payable on
account of any project contained in an approved project grant
application shall be 75 per centum of the allowable project costs.
(c) Projects in public land States
In the case of any State containing unappropriated and unreserved
public lands and nontaxable Indian lands (individual and tribal)
exceeding 5 percent of the total area of all lands therein, the United
States share under subsection (a) or (b) of this section shall be
increased by whichever is the smaller of the following percentages
thereof: (1) 25 percent, or (2) a percentage equal to one-half of the
percentage that the area of all such lands in that State is of its total
area. In no event shall such United States share, as increased by this
subsection, exceed the greater of (A) the percentage share determined
under subsection (a) or (b) of this section, or (B) the percentage share
applying on June 30, 1975, as determined under subsection 17(b) /1/ of
the Airport and Airway Development Act of 1970 (49 App. U.S.C. 1717(b)).
(Pub. L. 97-248, title V, 510, Sept. 3, 1982, 96 Stat. 685.)
Section 17 of the Airport and Airway Development Act of 1970 (49 App.
U.S.C. 1717), referred to in subsec. (c), was repealed by Pub. L.
97-248, title V, 523(a), Sept. 3, 1982, 96 Stat. 695.
/1/ See References in Text note below.
49 USC 2210. Project sponsorship
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Sponsorship
As a condition precedent to approval of an airport development
project contained in a project grant application submitted under this
chapter, the Secretary shall receive assurances, in writing,
satisfactory to the Secretary, that --
(1) the airport to which the project relates will be available for
public use on fair and reasonable terms and without unjust
discrimination, including the requirement that (A) each air carrier
using such airport (whether as a tenant, nontenant, or subtenant of
another air carrier tenant) shall be subject to such nondiscriminatory
and substantially comparable rates, fees, rentals, and other charges
with respect to facilities directly and substantially related to
providing air transportation and such nondiscriminatory and
substantially comparable rules, regulations, and conditions as are
applicable to all such air carriers which make similar use of such
airport and which utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants, and signatory carriers
and nonsignatory carriers, and such classification or status as tenant
or signatory shall not be unreasonably withheld by any airport provided
an air carrier assumes obligations substantially similar to those
already imposed on air carriers in such classification or status, and
(B) each fixed-based operator at any airport shall be subject to the
same rates, fees, rentals, and other charges as are uniformly applicable
to all other fixed-based operators making the same or similar uses of
such airport utilizing the same or similar facilities, and (C) each air
carrier using such airport shall have the right to service itself or to
use any fixed-base operator that is authorized by the airport or
permitted by the airport to serve any air carrier at such airport;
(2) there will be no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to
the public. For purposes of this paragraph, the providing of services
at an airport by a single fixed-based operator shall not be construed as
an exclusive right if it would be unreasonably costly, burdensome, or
impractical for more than one fixed-based operator to provide such
services, and if allowing more than one fixed-based operator to provide
such services would require the reduction of space leased pursuant to an
existing agreement between such single fixed-based operator and such
airport;
(3) the airport and all facilities thereon or connected therewith
will be suitably operated and maintained, with due regard to climatic
and flood conditions, and any proposal to temporarily close the airport
for nonaeronautical purposes must first be approved by the Secretary;
(4) appropriate action will be taken to assure that such terminal
airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be
adequately cleared and protected by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airport
hazards;
(5) appropriate action, including the adoption of zoning laws has
been or will be taken, to the extent reasonable, to restrict the use of
land adjacent to or in the immediate vicinity of the airport to
activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft;
(6) all of the facilities of the airport developed with Federal
financial assistance and all those usable for landing and takeoff of
aircraft will be available to the United States for use by Government
aircraft in common with other aircraft at all times without charge,
except, if the use by Government aircraft is substantial, charge may be
made for a reasonable share, proportional to such use, of the cost of
operating and maintaining the facilities used;
(7) the airport operator or owner will furnish without cost to the
Federal Government for use in connection with any air traffic control or
navigation activities, or weather-reporting and communication activities
related to air traffic control, any areas of land or water, or estate
therein, or rights in buildings of the sponsor as the Secretary
considers necessary or desirable for construction at Federal expense of
space or facilities for such purposes;
(8) all project accounts and records will be kept in accordance with
a standard system of accounting prescribed by the Secretary after
consultation with appropriate public agencies;
(9) the airport operator or owner will maintain a fee and rental
structure for the facilities and services being provided the airport
users which will make the airport as self-sustaining as possible under
the circumstances existing at that particular airport, taking into
account such factors as the volume of traffic and economy of collection,
except that no part of the Federal share of an airport development or
airport planning project for which a grant is made under this chapter or
under the Federal Airport Act (49 App. U.S.C. 1101 et seq.) or the
Airport and Airway Development Act of 1970 (49 App. U.S.C. 1701 et
seq.) shall be included in the rate base in establishing fees, rates,
and charges for users of that airport;
(10) the airport operator or owner will submit to the Secretary such
annual or special airport financial and operations reports as the
Secretary may reasonably request;
(11) the airport and all airport records will be available for
inspection by any duly authorized agent of the Secretary upon reasonable
request;
(12) all revenues generated by the airport, if it is a public
airport, and any local taxes on aviation fuel (other than taxes in
effect on December 30, 1987) will be expended for the capital or
operating costs of the airport, the local airport system, or other local
facilities which are owned or operated by the owner or operator of the
airport and directly and substantially related to the actual air
transportation of passengers or property; except that if covenants or
assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September
3, 1982, in the governing statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport
owner or operator's facilities, including the airport, to support not
only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all
other revenues generated by the airport (and, in the case of a public
airport, local taxes on aviation fuel) shall not apply;
(13) if the airport operator or owner receives a grant before, on, or
after December 30, 1987, for the purchase of land for airport noise
compatibility purposes --
(A) the owner or operator will, when the land is no longer needed for
such purposes, dispose of such land at fair market value at the earliest
practicable time;
(B) such disposition will be subject to the retention or reservation
of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels
associated with the operation of the airport; and
(C) that portion of the proceeds of such disposition which is
proportionate to the United States share of the cost of acquisition of
such land will, at the discretion of the Secretary --
(i) be paid to the Secretary for deposit in the Trust Fund; or
(ii) be reinvested in an approved noise compatibility project as
prescribed by the Secretary;
(14) if the airport operator or owner receives a grant before, on, or
after December 31, 1987, for the purchase of land for airport
development purposes (other than noise compatibility purposes) --
(A) the owner or operator will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States
proportionate share of the fair market value of the land;
(B) such disposition will be subject to the retention or reservation
of any interest or right therein necessary to ensure that such land will
only be used for purposes which are compatible with noise levels
associated with the operation of the airport;
(C) that portion of the proceeds of such disposition which is
proportionate to the United States share of the cost of acquisition of
such land will --
(i) upon application to the Secretary, be reinvested in another
eligible airport improvement project or projects approved by the
Secretary at that airport or within the national airport system; or
(ii) be paid to the Secretary for deposit in the Trust Fund if no
such eligible project exists;
subject to the requirement that land shall be considered to be needed
for airport purposes under this paragraph if (I) it may be needed for
aeronautical purposes (including runway protection zone) or serves as
noise buffer land and (II) the revenue from interim uses of such land
contributes to the financial self-sufficiency of the airport, and
subject to the further requirement that land purchased with a grant
received by an airport operator or owner before December 31, 1987, will
be considered to be needed for airport purposes if the Secretary or the
Federal agency making such grant before December 31, 1987, was notified
by the operator or owner of the use of such land, did not object to such
use, and the land continues to be used for that purpose;
(15) the airport owner or operator will keep up to date at all times
a layout plan of the airport which meets the following requirements:
(A) the plan will be in a form prescribed by the Secretary;
(B) before the plan and an amendment, revision, or modification
thereof may take effect, the plan, amendment, revision, or modification
will be submitted to, and receive approval of, the Secretary;
(C) the owner or operator will not make or permit any changes or
alterations in the airport or in any of its facilities which are not in
conformity with the airport layout plan as approved by the Secretary and
which might, in the opinion of the Secretary, adversely affect the
safety, utility, or efficiency of the airport;
(D) if a change or alteration in the airport or its facilities is
made which the Secretary determines adversely affects the safety,
utility, or efficiency of any federally owned, leased, or funded
property on or off the airport and which is not in conformity with the
airport layout plan as approved by the Secretary, the owner or operator
will, if requested by the Secretary --
(i) eliminate such adverse effect in a manner approved by the
Secretary; or
(ii) bear all costs of relocating such property (or replacement
thereof) to a site acceptable to the Secretary and all costs of
restoring such property (or replacement thereof) to the level of safety,
utility, efficiency, and cost of operation existing before the
unapproved change in the airport or its facilities;
(16) each contract or subcontract for program management,
construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design, engineering,
surveying, mapping, or related services with respect to the project will
be awarded in the same manner as a contract for architectural and
engineering services is negotiated under title IX of the Federal
Property Administrative Services Act of 1949 (40 U.S.C. 541 et seq.) or
an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport; and
(17) the airport owner or operator will take such action as may be
necessary to ensure that, to the maximum extent practicable, at least 10
percent of all businesses at the airport which sell food, beverages,
printed materials, or other consumer products to the public are small
business concerns (as defined by the Secretary by regulation) owned and
controlled by socially and economically disadvantaged individuals (as
defined under section 2204(d)(2)(B) of this Appendix).
(b) Compliance
To insure compliance with this section, the Secretary shall prescribe
such project sponsorship requirements, consistent with the terms of this
chapter, as the Secretary considers necessary. Among other steps to
insure such compliance, the Secretary is authorized to enter into
contracts with public agencies on behalf of the United States. Whenever
the Secretary obtains from a sponsor any area of land or water, or
estate therein, or rights in buildings of the sponsor and constructs
space or facilities thereon at Federal expense, the Secretary is
authorized to relieve the sponsor from any contractual obligation
entered into under this chapter, the Airport and Airway Development Act
of 1970 (49 App. U.S.C. 1701 et seq.), or the Federal Airport Act (49
App. U.S.C. 1101 et seq.) to provide free space in airport buildings to
the Federal Government to the extent the Secretary finds that space no
longer required for the purposes set forth in paragraph (7) of
subsection (a) of this section.
(c) Consultation
In making a decision to undertake any airport development project
under this chapter, each sponsor of an airport shall undertake
reasonable consultations with affected parties using the airport at
which such project is proposed.
(d) Use of State taxes on aviation fuel
Nothing in subsection (a)(12) of this section shall preclude the use
of State taxes on aviation fuel to support a State aviation program or
preclude use of airport revenue on or off the airport for noise
mitigation purposes.
(e) Use of land disposal funds
(1) Airport noise compatibility lands
Amounts deposited in the Trust Fund in accordance with subsection
(a)(13) of this section shall be available to the Secretary for making
grants for airport development and airport planning under section 2204(
a) of this Appendix. Such amounts shall be in addition to amounts made
available to the Secretary under section 2204 of this Appendix and not
subject to the apportionment provisions of sections 2206(a) and 2206(
b)(5) of this Appendix.
(2) Other airport lands
Amounts deposited in the Trust Fund in accordance with subsection
(a)(14) of this section --
(A) shall be available to the Secretary for making grants at the
discretion of the Secretary for the purposes described in section 2206(
c)(2) of this Appendix at primary airports and reliever airports; and
(B) shall be available to the Secretary for use in accordance with
section 2206(a)(3) of this Appendix at other airports in the State in
which the land disposition occurred under subsection (a)(14) of this
section.
Such amounts shall be in addition to amounts made available to the
Secretary under section 2204 of this Appendix and not subject to the
apportionment provisions of sections 2206(a) and 2206(b)(5) of this
Appendix.
(f) Procedures for modifying assurances
If the Secretary proposes to modify any assurance required of a
person receiving a grant under this chapter and in effect on or after
December 30, 1987, or proposes to require compliance with any additional
assurance from such person, the Secretary shall first --
(1) publish notice of such proposal in the Federal Register, and
(2) provide an opportunity for comment on such proposal.
(g) Use of airport generated revenues in Hawaii
(1) General rule
Notwithstanding the limitation on the use of revenues generated by
airports contained in subsection (a)(12) of this section, the State of
Hawaii may use for eligible transportation projects revenues generated
on the sale at off-airport locations in the State of duty-free
merchandise under a contract between the State and a duty-free sales
enterprise.
(2) Limitations
(A) Applicability period
This subsection only applies to revenues generated after May 4, 1990,
and before December 31, 1994, on sales referred to in paragraph (1) and
to amounts in the Airport Revenue Fund of the State of Hawaii which are
attributable to revenues generated before May 4, 1990, on such sales.
(B) Coverage of airport capital and operating costs
The State of Hawaii may use under paragraph (1) revenues generated on
sales referred to in paragraph (1) in a fiscal year of the State only if
the amount of such revenues, when added to the amount of funds received
in such year by the State for airport capital and operating costs from
all other sources (including revenues generated by such airports from
other sources, unrestricted cash on hand, and Federal funds made
available under this chapter for expenditure at such airports), exceeds
150 percent of the projected airport capital and operating costs for
such year.
(C) Annual cap
The amount of revenues generated on sales referred to in paragraph
(1) in a fiscal year of the State of Hawaii which the State may use
under paragraph (1) may not exceed the amount of the excess determined
under subparagraph (B) for such year.
(D) Aggregate cap
The maximum amount of revenues which the State of Hawaii may use
under paragraph (1) may not exceed $250,000,000 in the aggregate.
(E) Reduction due to landing fee increase
If any fee levied or collected by an airport operated by the State of
Hawaii for a rental charge, landing fee, or other service charge from an
aircraft operator for the use of airport facilities is increased in the
period beginning on May 4, 1990, and ending December 31, 1994, by a
percentage which is greater than the percentage change in the Consumer
Price Index of All Urban Consumers for Honolulu, Hawaii, published by
the Bureau of Labor Statistics of the Department of Labor in such period
and if, as a result of such fee increase, there is an increase in the
revenues derived from such fee, the $250,000,000 limit established by
subparagraph (D) shall be reduced by the amount of the projected
increase in such revenues in such period less any portion of such
increase which is attributable to changes in such Index in such period.
(F) Determination of costs and projected increases in revenues
The State of Hawaii shall determine capital and operating costs and
revenues under subparagraph (B) and the amount of projected increases in
revenues from fee increases referred to in subparagraph (E).
Determinations shall be submittted /1/ by the State to the Secretary for
approval. A determination shall be treated as approved by the Secretary
unless the Secretary disapproves such determination on or before the
30th day after the State submits such determination to the Secretary.
(G) Eligibility for discretionary grants
The State of Hawaii shall not be eligible for a grant under section
2206(c) of this Appendix in any fiscal year in which the State uses
under paragraph (1) revenues generated on sales referred to in paragraph
(1). If the State receives a grant in a fiscal year in which the State
as a result of this subparagraph is not eligible to receive a grant, the
State shall repay all amounts received by the State under such grant to
the Secretary for deposit in the discretionary fund established under
section 2206(c) of this Appendix.
(3) Period of use
Revenues generated on sales referred to in paragraph (1) in the
period of applicability set forth in paragraph (2)(A) may be used under
paragraph (1) in any fiscal year of the State, including a fiscal year
of the State beginning after December 31, 1994.
(4) Definitions
In this subsection, the following apply:
(A) Airport capital and operating costs
The term ''airport capital and operating costs'' means costs incurred
by the State of Hawaii for operation of all airports operated by such
State and costs for debt service incurred by such State in connection
with capital projects for such airports, including interest and
amortization of principal costs.
(B) Duty-free sales enterprise; duty-free merchandise
The terms ''duty-free sales enterprise'' and ''duty-free
merchandise'' have the meaning such terms have under section 1555(b) of
title 19.
(C) Eligible transportation project
The term ''eligible transportation project'' means a project for
construction or reconstruction of a highway on a Federal-aid system
which will facilitate access to an airport and which is located within
10 miles by road of such airport.
(D) Federal-aid system; highway
The terms ''Federal-aid system'' and ''highway'' have the meaning
such terms have under section 101 of title 23.
(Pub. L. 97-248, title V, 511, Sept. 3, 1982, 96 Stat. 686; Pub. L.
100-223, title I, 109, Dec. 30, 1987, 101 Stat. 1499; Pub. L. 101-236,
4, Dec. 15, 1989, 103 Stat. 2061; Pub. L. 101-281, 2, May 4, 1990, 104
Stat. 164.)
The Federal Airport Act, referred to in subsecs. (a)(9) and (b), is
act May 13, 1946, ch. 251, 60 Stat. 170, as amended, which was
classified to chapter 14 ( 1101 et seq.) of this Appendix prior to its
repeal by Pub. L. 91-258, title I, 52(a), May 21, 1970, 84 Stat. 235.
The Airport and Airway Development Act of 1970, referred to in
subsecs. (a)(9) and (b), is Pub. L. 91-258, title I, May 21, 1970, 84
Stat. 219, as amended, which was classified principally to chapter 25 (
1701 et seq.) of this Appendix. Sections 1 to 30 of title I of Pub. L.
91-258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to
1730 of this Appendix and a provision set out as a note under section
1701 of this Appendix, were repealed by Pub. L. 97-248, title V,
523(a), Sept. 3, 1982, 96 Stat. 695. For complete classification of
this Act to the Code, see Tables.
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a)(16), is act June 30, 1949, ch. 288, 63
Stat. 377, as amended. Title IX of the Federal Property and
Administrative Services Act is classified generally to subchapter VI (
541 et seq.) of chapter 10 of Title 40, Public Buildings, Property, and
Works. For complete classification of this Act to the Code, see Short
Title note set out under section 471 of Title 40 and Tables.
This chapter, referred to in subsecs. (f) and (g)(2)(B), was in the
original ''this Act'' and was translated as if it read ''this title'',
meaning title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat. 671, as
amended, known as the Airport and Airway Improvement Act of 1982, as the
probable intent of Congress. Title V is classified principally to this
chapter. For complete classification of title V to the Code see Short
Title note set out under section 2201 of this title and Tables.
1990 -- Subsec. (g). Pub. L. 101-281 added subsec. (g).
1989 -- Subsec. (a)(14). Pub. L. 101-236 amended par. (14)
generally. Prior to amendment, par. (14) read as follows: ''if the
airport operator or owner receives a grant before, on, or after December
30, 1987, for the purchase of land for airport purposes (other than
noise compatibility purposes) --
''(A) the owner or operator will, when the land is no longer needed
for airport purposes, dispose of such land at fair market value;
''(B) such disposition will be subject to the retention or
reservation of any interest or right therein necessary to ensure that
such land will only be used for purposes which are compatible with noise
levels associated with the operation of the airport; and
''(C) that portion of the proceeds of such disposition which is
proportionate to the United States share of the cost of acquisition of
such land will be paid to the Secretary for deposit in the Trust
Fund;''.
1987 -- Subsec. (a)(1)(A). Pub. L. 100-223, 109(a), inserted ''with
respect to facilities directly and substantially related to providing
air transportation'' after ''and other charges'' and substituted ''and
signatory carriers and nonsignatory carriers'' for ''and combined
passenger and cargo flights or all cargo flights'', ''or status as
tenant or signatory'' for ''or status as tenant'', and ''on air carriers
in such classification or status'' for ''on tenant air carriers''.
Subsec. (a)(3). Pub. L. 100-223, 109(b), inserted '', and any
proposal to temporarily close the airport for nonaeronautical purposes
must first be approved by the Secretary'' before semicolon at end.
Subsec. (a)(4). Pub. L. 100-223, 109(c), amended par. (4) generally.
Prior to amendment, par. (4) read as follows: ''the aerial approaches
to the airport will be adequately cleared and protected by removing,
lowering, relocating, marking, or lighting or otherwise mitigating
existing airport hazards and by preventing the establishment or creation
of future airport hazards;''.
Subsec. (a)(12). Pub. L. 100-223, 109(d), amended par. (12)
generally. Prior to amendment, par. (12) read as follows: ''all
revenues generated by the airport, if it is a public airport, will be
expended for the capital or operating costs of the airport, the local
airport system, or other local facilities which are owned or operated by
the owner or operator of the airport and directly related to the actual
transportation of passengers or property: Provided, however, That if
covenants or assurances in debt obligations previously issued by the
owner or operator of the airport, or provisions in governing statutes
controlling the owner or operator's financing, provide for the use of
the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the
airport owner or operator's general debt obligations or other
facilities, then this limitation on the use of all other revenues
generated by the airport shall not apply; and''.
Subsec. (a)(13). Pub. L. 100-223, 109(e), added par. (13) and struck
out former par. (13) which read as follows: ''the airport operator or
owner who receives a grant for the purchase of land for noise
compatibility purposes which is conditioned on the disposal of the
acquired land at the earliest practicable time will, subject to the
retention or reservation of any interest or right therein necessary to
insure that such land is used only for purposes which are compatible
with the noise levels of the operation of the airport, use its best
efforts to so dispose of such land. The proceeds of such dispositions
shall be (A) refunded to the United States for the Trust Fund on a basis
proportionate to the United States share of the cost of acquisition of
such land, or (B) reinvested in an approved project, pursuant to such
regulations as the Secretary shall prescribe.''
Subsec. (a)(14) to (17). Pub. L. 100-223, 109(e)-(h), added pars.
(14) to (17).
Subsecs. (d) to (f). Pub. L. 100-223, 109(i)-(k), added subsecs.
(d) to (f).
/1/ So in original. Probably should be ''submitted''.
49 USC 2211. Grant agreements
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Offer and acceptance
Upon approving a project grant application, the Secretary, on behalf
of the United States, shall transmit to the sponsor or sponsors of the
application an offer to make a grant for the United States share of
allowable project costs. An offer shall be made upon such terms and
conditions as the Secretary considers necessary to meet the requirements
of this chapter and any regulations prescribed thereunder. Each offer
shall state a definite amount as the maximum obligation of the United
States payable from funds authorized by this chapter, and shall
stipulate the obligations to be assumed by the sponsor or sponsors. In
any case where the Secretary approves a project grant application for a
project which will not be completed in one fiscal year, the offer shall,
upon request of the sponsor, provide for the obligation of funds
apportioned or to be apportioned to the sponsor pursuant to section
2206(a)(1) or 2206(a)(2) of this Appendix for such fiscal years
(including future fiscal years) as may be necessary to pay the United
States share of the cost of such project. If and when an offer is
accepted in writing by the sponsor, the offer and acceptance shall
comprise an agreement constituting an obligation of the United States
and of the sponsor. Unless and until an agreement has been executed,
the United States may not pay, nor be obligated to pay, any portion of
the costs which have been or may be incurred.
(b) Maximum obligation of United States
(1) General rule
Subject to paragraphs (2) and (3) of this subsection, when an offer
is accepted in writing by a sponsor, the amount stated in the offer as
the maximum obligation of the United States may not be increased.
(2) Exceptions for fiscal years 1987 and before
The maximum obligation of the United States under this subsection
with respect to a project receiving assistance under a grant approved
under this chapter on or before September 30, 1987, may be increased --
(A) by not more than 10 percent in the case of a project for airport
development (other than a project for land acquisition); and
(B) by an amount not to exceed 50 percent of the total increase in
allowable project costs attributable to an acquisition of land or
interests in land, based upon current credible appraisals.
Any increase under this section may be paid only from funds recovered
by the United States from other grants made under this chapter.
(3) Exceptions for fiscal years 1988 and thereafter
The maximum obligation of the United States under this subsection
with respect to a project receiving assistance under a grant approved
under this chapter or the Aviation Safety and Noise Abatement Act of
1979 (49 App. U.S.C. 2101 et seq.) after September 30, 1987, may be
increased by not more than 15 percent in the case of a project for
airport development.
(c) Maximum obligation for grants under Airport and Airway
Development Act of 1970
Notwithstanding any other provision of law, in the case of grants
made under the Airport and Airway Development Act of 1970 (49 App. U.S.
C. 1701 et seq.) the maximum obligation of the United States may be
increased by not more than 10 percent, and any such increase may be paid
for only from funds recovered by the United States from other grants
made under that Act.
(d) Workscope
The Secretary may amend, with the consent of the grant recipient, a
grant agreement entered into under this chapter to change the workscope
of a project funded under such grant if such amendment does not result
in any increase in the maximum obligation of the United States
authorized under subsection (b) of this section.
(Pub. L. 97-248, title V, 512, Sept. 3, 1982, 96 Stat. 688; Pub. L.
100-223, title I, 106(b)(4), 110, Dec. 30, 1987, 101 Stat. 1498, 1502.)
The Aviation Safety and Noise Abatement Act of 1979, referred to in
subsec. (b)(3), is Pub. L. 96-193, Feb. 18, 1980, 94 Stat. 50, as
amended, which is classified principally to chapter 30 ( 2101 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 2101 of this Appendix and
Tables.
The Airport and Airway Development Act of 1970, referred to in
subsec. (c), is Pub. L. 91-258, title I, May 21, 1970, 84 Stat. 219,
as amended, which was classified principally to chapter 25 ( 1701 et
seq.) of this Appendix. Sections 1 to 30 of title I of Pub. L.
91-258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to
1730 of this Appendix and a provision set out as a note under section
1701 of this Appendix, were repealed by Pub. L. 97-248, title V, 523(
a), Sept. 3, 1982, 96 Stat. 695. For complete classification of this
Act to the Code, see Tables.
1987 -- Subsec. (a). Pub. L. 100-223, 106(b)(4), substituted
''section 2206(a)(1) or 2206(a)(2)'' for ''section 2206(a)(1)''.
Subsec. (b). Pub. L. 100-223, 110(a), amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''When an offer is
accepted in writing by a sponsor, the amount stated in the offer as the
maximum obligation of the United States may not be increased, except
that --
''(1) in the case of any project for airport development (other than
a project for land acquisition), the maximum obligation of the United
States may be increased by not more than 10 percent; and
''(2) in the case of any acquisition of land or interests in land,
the maximum obligation of the United States may be increased by an
amount not to exceed 50 percent of the total increase in allowable
project costs attributable to such acquisition in land or interests
therein, based upon current credible appraisals.''
Subsec. (c). Pub. L. 100-223, 110(c), inserted heading.
Subsec. (d). Pub. L. 100-223, 110(b), added subsec. (d).
Amendment by section 106(b)(4) of Pub. L. 100-223 effective Oct. 1,
1987, and applicable to fiscal years beginning on and after such date,
see section 106(c) of Pub. L. 100-223, set out as a note under section
2204 of this Appendix.
49 USC 2212. Project costs
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Allowable project costs
Except as provided in section 2213 of this Appendix, the United
States may not pay, or be obligated to pay, from amounts appropriated to
carry out the provisions of this chapter, any portion of a project cost
incurred in carrying out a project for airport development or airport
planning unless the Secretary has first determined that the cost is
allowable. A project cost is allowable if --
(1) it was a necessary cost incurred in accomplishing an approved
project in conformity with the terms and conditions of the grant
agreement entered into in connection with the project, including any
costs incurred by a recipient in connection with any audit required by
the Secretary pursuant to section 2217(b) of this Appendix;
(2)(A) it was incurred subsequent to the execution of the grant
agreement with respect to the project, and in connection with airport
development or airport planning accomplished under the project after the
execution of the agreement. However, the allowable costs of a project
for airport development may include any necessary costs of formulating
the project (including the costs of field surveys and the preparation of
plans and specifications, the acquisition of land or interests therein
or easements through or other interests in airspace, and any necessary
administrative or other incidental costs incurred by the sponsor
specifically in connection with the accomplishment of the project for
airport development, which would not have been incurred otherwise) which
were incurred prior to the execution of the grant agreement and
subsequent to May 13, 1946, and the allowable costs of a project for
airport planning may include any necessary and direct costs associated
with developing the project work scope which were incurred subsequent to
May 13, 1946; or
(B) it was incurred after June 1, 1989, by the airport operator and
before, on, or after the execution of the grant agreement and was
incurred as part of the airport operator's federally approved airport
noise compatibility program (including project formulation costs) and in
accordance with all applicable statutory and administrative
requirements;
(3) in the opinion of the Secretary it is reasonable in amount, and
if the Secretary determines that a project cost is unreasonable in
amount, the Secretary may allow as an allowable project cost only so
much of such project cost as the Secretary determines to be reasonable,
except that in no event may the Secretary allow project costs in excess
of the definite amount stated in the grant agreement except to the
extent authorized by section 2211(b) of this Appendix; and
(4) it has not been incurred in any project for airport planning or
airport development for which Federal assistance has been granted.
The Secretary is authorized to prescribe such regulations, including
regulations with respect to the auditing of project costs, as the
Secretary considers necessary to accomplish the purposes of this
section.
(b) Terminal development
(1) Notwithstanding any other provision of this chapter, upon
certification by the sponsor of any commercial service airport that such
airport has, on the date of submittal of the project grant application,
all the safety equipment required for certification of such airport
under section 1432 of this title and all the security equipment required
by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning or
deplaning from aircraft other than air carrier aircraft, the Secretary
may approve, as allowable project costs of a project for airport
development at such airport, terminal development (including multimodal
terminal development) in nonrevenue-producing public-use areas if such
project cost is directly related to the movement of passengers and
baggage in air commerce within the boundaries of the airport, including,
but not limited to, vehicles for the movement of passengers between
terminal facilities or between terminal facilities and aircraft.
(2) All or any portion of the sums apportioned under section 2206(
a)(1) of this Appendix to the sponsor of a primary airport for any
fiscal year may be obligated for project costs allowable under paragraph
(1) of this subsection. Not more than $200,000 of the sums to be
distributed at the discretion of the Secretary under section 2206(c) of
this Appendix for any fiscal year may be used by the sponsor of a
commercial service airport which is not a primary airport for project
costs allowable under paragraph (1) of this subsection.
(3) Not more than $25,000,000 may be obligated for project costs
allowable under paragraph (1) of this subsection in any fiscal year at
commercial service airports which were not eligible for assistance for
terminal development during the fiscal year ending September 30, 1980,
under section 20(b) /1/ of the Airport and Airway Development Act of
1970 (49 App. U.S.C. 1720(b)).
(4) Sums apportioned under section 2206(a) or 2206(b)(5) of this
Appendix and made available to the sponsor of an air carrier airport
(within the meaning of section 11(1) /1/ of the Airport and Airway
Development Act of 1970 (49 App. U.S.C. 1711(1)), as in effect
immediately before September 3, 1982) at which terminal development was
carried out on or after July 1, 1970, and before July 12, 1976, shall be
available, subject to the limitations contained in paragraph (2) of this
subsection, for the immediate retirement of the principal of bonds or
other evidences of indebtedness the proceeds of which were used for that
part of the terminal development at such airport the cost of which would
be allowable under paragraph (1) of this subsection if incurred after
September 3, 1982, subject to the following conditions:
(A) That such sponsor submit the certification required under
paragraph (1) of this subsection.
(B) That the Secretary determine that no project for airport
development at such airport outside the terminal area will be deferred
if such sums are used for such retirement.
(C) That no funds available for airport development under this
chapter will be obligated for any project for additional terminal
development at such airport for a period of three years beginning on the
date any such sums are used for such retirement.
(5) Notwithstanding any other provisions of this chapter, the United
States share of project costs allowable under paragraph (1) of this
subsection shall not exceed 75 percent.
(6) The Secretary shall approve project costs allowable under
paragraph (1) of this subsection under such terms and conditions as may
be necessary to protect the interests of the United States.
(c) Costs not allowed
Except as provided in subsection (b) of this section, the following
are not allowable project costs: (1) the cost of construction of that
part of an airport development project intended for use as a public
parking facility for passenger automobiles; (2) the cost of
construction, alteration, or repair of a hangar or of any part of an
airport building except such of those buildings or parts of buildings
intended to house facilities or activities directly related to the
safety of persons at the airport; or (3) the cost of decorative
landscaping or the provision or installation of sculpture or art works.
(d) Reimbursement for certain advance expenditures
(1) Letters of intent
(A) Announcement of intention
The Secretary is authorized to announce an intention to obligate for
an airport development project (including formulation of the project) at
a primary airport or a reliever airport under this subsection through
the issuance of a letter of intent to the applicant.
(B) Schedule of reimbursement
Subject to the provisions of this paragraph, a letter of intent
issued under this paragraph shall establish a schedule under which the
Secretary will make payments under paragraph (2) of this subsection to
the sponsor of the airport at which the airport development project will
be carried out.
(C) Limitation on projects eligible for advance funding
The provisions of this subsection only apply to an airport
development project --
(i) regarding which the sponsor notifies the Secretary of the
sponsor's intent to carry out such project before commencement of such
project;
(ii) which will be carried out in accordance with all applicable
statutory and administrative requirements that would be applicable to
the project if the project were being carried out with funds made
available under this chapter; and
(iii) which the Secretary determines will result in a significant
enhancement of system-wide airport capacity and meets the criteria of
section 2206(c)(3) of this Appendix.
Clause (i) shall not apply to a project which is commenced on or
after November 20, 1987, and for which a letter of intent is signed
under this subsection in the 90-day period beginning on December 30,
1987.
(D) Limitation on effect
An action under subparagraph (A) shall not be deemed an obligation of
the United States Government under section 1501 of title 31, and a
letter of intent issued under this paragraph shall not be deemed to be
an administrative commitment for funding.
(E) Treatment of letter
A letter of intent under this paragraph shall be regarded as an
intention to obligate from future budget authority not to exceed an
amount stipulated as the United States share of allowable project costs
for the project under this subsection. No obligation or administrative
commitment may be made pursuant to such a letter of intent except as
funds are provided in authorization and appropriation Acts.
(F) Limitations on aggregate amount
The total estimated amount of future Federal obligations covered by
all outstanding letters of intent under this paragraph shall not exceed
the amount authorized to carry out section 2204(a) of this Appendix,
less an amount reasonably estimated by the Secretary to be necessary for
grants under section 2204(a) of this Appendix which are not covered by a
letter of intent.
(2) Reimbursement
If the Secretary issues under paragraph (1) a letter of intent to
obligate funds for an airport development project (including formulation
of the project) at a primary airport or reliever airport and if the
sponsor of such airport proceeds with such project without the aid of
funds under this chapter, the Secretary shall pay, as funds become
available, the sponsor for the United States share of allowable project
costs payable on account of such project in accordance with such letter
of intent.
(Pub. L. 97-248, title V, 513, Sept. 3, 1982, 96 Stat. 689; Pub. L.
100-223, title I, 106(b)(5), 111, Dec. 30, 1987, 101 Stat. 1498, 1503;
Pub. L. 101-71, 3, Aug. 4, 1989, 103 Stat. 181.)
Sections 11 and 20 of the Airport and Airway Development Act of 1970
(49 App. U.S.C. 1711, 1720), referred to in subsec. (b)(3), (4), were
repealed by Pub. L. 97-248, title V, 523(a), Sept. 3, 1982, 96 Stat.
695.
1989 -- Subsec. (a)(2). Pub. L. 101-71 designated existing provision
as subpar. (A), inserted ''or'' after ''1946;'', and added subpar.
(B).
1987 -- Subsec. (b)(2). Pub. L. 100-223, 111(a)(1), substituted
''All or any portion of the sums'' for ''Not more than the greater of
(A) $200,000, or (B) 60 percent of the sums''.
Pub. L. 100-223, 106(b)(5)(A), substituted ''section 2206(c)'' for
''section 2206(a)(3)''.
Subsec. (b)(4). Pub. L. 100-223, 106(b)(5)(B), substituted ''section
2206(a) or 2206(b)(5)'' for ''section 2206(a)''.
Subsec. (b)(5). Pub. L. 100-223, 111(a)(2), substituted ''75
percent'' for ''50 percent''.
Subsec. (c). Pub. L. 100-223, 111(b), added cl. (3).
Subsec. (d). Pub. L. 100-223, 111(c), added subsec. (d).
Amendment by section 106(b)(5) of Pub. L. 100-223 effective Oct. 1,
1987, and applicable to fiscal years beginning on and after such date,
see section 106(c) of Pub. L. 100-223, set out as a note under section
2204 of this Appendix.
Section 2 of Pub. L. 101-71 provided that: ''The purposes of this
Act (amending this section and enacting provisions set out as a note
under section 2201 of this Appendix) are to --
''(1) enhance the quality of life of citizens living in proximity to
the Nation's airports;
''(2) allow for the prompt implementation of the full range of
recommendations of federally sponsored noise studies;
''(3) provide that scarce Federal funds for noise abatement may be
used with maximum efficiency; and
''(4) provide that individual airports throughout the national airway
system are encouraged to spend local funds on noise abatement by
providing for the Federal reimbursement of such local funds.''
Congress
Pub. L. 102-143, title III, 320, Oct. 28, 1991, 105 Stat. 942,
provided that: ''The authority conferred by section 513(d) of the
Airport and Airway Improvement Act of 1982, as amended (49 App. U.S.C.
2212(d)), to issue letters of intent shall remain in effect subsequent
to September 30, 1992. Letters of intent may be issued under such
subsection to applicants determined to be qualified under such Act (see
Short Title note set out under section 2201 of this Appendix):
Provided, That, notwithstanding any other provision of law, all such
letters of intent in excess of $10,000,000 shall be submitted for
approval to the Committees on Appropriations of the Senate and the House
of Representatives; the Committee on Commerce, Science, and
Transportation of the Senate; and the Committee on Public Works and
Transportation of the House of Representatives.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 101-516, title III, 320, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101-164 title III, 326, Nov. 21, 1989, 103 Stat. 1096.
Pub. L. 100-457, title III, 334, Sept. 30, 1988, 102 Stat. 2153.
/1/ See References in Text note below.
49 USC 2213. Payments under grant agreements
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary, after consultation with the sponsor with which a
project grant agreement has been entered into, may determine the times
and amounts in which payments shall be made under the terms of such
agreement. Payments in an aggregate amount not to exceed 90 percent of
the United States share of the total estimated allowable project costs
may be made from time to time in advance of accomplishment of the
airport project to which the payments relate, if the sponsor certifies
to the Secretary that the aggregate expenditures to be made from the
advance payments will not at any time exceed the cost of the airport
development work which has been performed up to that time. If the
Secretary determines that the aggregate amount of payments made under a
project grant agreement at any time exceeds the United States share of
the total allowable project costs, the United States shall be entitled
to recover the excess. If the Secretary finds that any airport
development to which the advance payments relate has not been
accomplished within a reasonable time or the project is not completed,
the United States may recover any part of the advance payment for which
the United States received no benefit. Payments under a project grant
agreement shall be made to the official or depository authorized by law
to receive public funds and designated by the sponsor.
(Pub. L. 97-248, title V, 514, Sept. 3, 1982, 96 Stat. 691.)
49 USC 2214. Performance of construction work
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Regulations
The construction work on any project for airport development
contained in an approved project grant application submitted in
accordance with this chapter shall be subject to inspection and approval
by the Secretary and shall be in accordance with regulations prescribed
by the Secretary. Such regulations shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary
shall deem necessary. No such regulation shall have the effect of
altering any contract in connection with any project entered into
without actual notice of the regulation.
(b) Minimum rates of wages
All contracts in excess of $2,000 for work on projects for airport
development approved under this chapter which involve labor shall
contain provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor, in accordance with the
Davis-Bacon Act, as amended (40 U.S.C. 276a -- 276a-5), which
contractors shall pay to skilled and unskilled labor, and such minimum
rates shall be stated in the invitation for bids and shall be included
in proposals or bids for the work.
(c) Veterans preference
All contracts for work under project grants for airport development
approved under this chapter which involve labor shall contain such
provisions as are necessary to insure that, in the employment of labor
(except in executive, administrative, and supervisory positions),
preference shall be given to veterans of the Vietnam era and disabled
veterans. However, this preference shall apply only where the
individuals are available and qualified to perform the work to which the
employment relates. For the purposes of this subsection --
(1) a Vietnam-era veteran is an individual who served on active duty
as defined by section 101(21) of title 38 in the Armed Forces for a
period of more than 180 consecutive days any part of which occurred
during the period beginning August 5, 1964, and ending May 7, 1975, and
who was separated from the Armed Forces under honorable conditions; and
(2) a disabled veteran is an individual described in section 2108(2)
of title 5.
(Pub. L. 97-248, title V, 515, Sept. 3, 1982, 96 Stat. 691.)
The Davis-Bacon Act, as amended, referred to in subsec. (b), is act
Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified
generally to sections 276a to 276a-5 of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the
Code, see Short Title note set out under section 276a of Title 40 and
Tables.
49 USC 2215. Use of Government-owned lands
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Requests for use
Subject to the provisions of subsection (c) of this section, whenever
the Secretary determines that use of any lands owned or controlled by
the United States is reasonably necessary for carrying out a project
under this chapter at a public airport, or for the operation of any
public airport, including lands reasonably necessary to meet future
development of an airport in accordance with the national plan of
integrated airport systems, the Secretary shall file with the head of
the department or agency having control of the lands a request that the
necessary property interests therein be conveyed to the public agency
sponsoring the project in question or owning or controlling the airport.
The property interest may consist of the title to, or any other
interest in, land or any easement through or other interest in airspace.
(b) Making of conveyances
Upon receipt of a request from the Secretary under this section, the
head of the department or agency having control of the lands in question
shall determine whether the requested conveyance is inconsistent with
the needs of the department or agency, and shall notify the Secretary of
the determination within a period of four months after receipt of the
Secretary's request. If the department or agency head determines that
the requested conveyance is not inconsistent with the needs of that
department or agency, the department or agency head is hereby authorized
and directed, with the approval of the Attorney General of the United
States, and without any expense to the United States, to perform any
acts and to execute any instruments necessary to make the conveyance
requested. A conveyance may be made only on the condition that, at the
option of the Secretary, the property interest conveyed shall revert to
the United States in the event that the lands in question are not
developed for airport purposes or used in a manner consistent with the
terms of the conveyance. If only a part of the property interest
conveyed is not developed for airport purposes, or used in a manner
consistent with the terms of the conveyance, only that particular part
shall, at the option of the Secretary, revert to the United States.
(c) Exemption of certain lands
Unless otherwise specifically provided by law, the provisions of
subsections (a) and (b) of this section shall not apply with respect to
lands owned or controlled by the United States within any national park,
national monument, national recreation area, or similar area under the
administration of the National Park Service; within any unit of the
National Wildlife Refuge System or similar area under the jurisdiction
of the United States Fish and Wildlife Service; or within any national
forest or Indian reservation.
(Pub. L. 97-248, title V, 516, Sept. 3, 1982, 96 Stat. 692.)
49 USC 2216. False statements
TITLE 49, APPENDIX -- TRANSPORTATION
Any officer, agent, or employee of the United States, or any officer,
agent, or employee of any public agency, or any person, association,
firm, or corporation who, with intent to defraud the United States --
(1) knowingly makes any false statement, false representation, or
false report as to the character, quality, quantity, or cost of the
material used or to be used, or the quantity or quality of the work
performed or to be performed, or the costs thereof, in connection with
the submission of plans, maps, specifications, contracts, or estimates
of project costs for any project submitted to the Secretary for approval
under this chapter;
(2) knowingly makes any false statement, false representation, or
false report or claim for work or materials for any project approved by
the Secretary under this chapter; or
(3) knowingly makes any false statement or false representation in
any report or certification required to be made under this chapter;
shall, upon conviction thereof, be punished by imprisonment for not
to exceed five years or by a fine of not to exceed $10,000, or by both.
(Pub. L. 97-248, title V, 517, Sept. 3, 1982, 96 Stat. 693.)
49 USC 2217. Access to records
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Recordkeeping requirements
Each recipient of a grant under this chapter shall keep such records
as the Secretary may prescribe, including records which fully disclose
the amount and the disposition by the recipient of the proceeds of the
grant, the total cost of the plan or program in connection with which
the grant is given or used, and the amount and nature of that portion of
the cost of the plan or program supplied by other sources, and such
other records as will facilitate an effective audit. The Secretary
shall annually review the reporting and recordkeeping requirements under
this chapter to insure that such requirements are kept to the minimum
level necessary for the proper administration of this chapter.
(b) Audit and examination
The Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, shall have access for the
purpose of audit and examination to any books, documents, papers, and
records of the recipient that are pertinent to grants received under
this chapter. The Secretary may require, as a condition to receipt of a
grant under this chapter, that an appropriate audit be conducted by a
recipient.
(c) Audit reports
In any case in which an independent audit is made of the accounts of
a recipient of a grant under this chapter relating to the disposition of
the proceeds of such grant or relating to the plan or program in
connection with which the grant was given or used, the recipient shall
file a certified copy of such audit with the Comptroller General of the
United States not later than six months following the close of the
fiscal year for which the audit was made. On or before April 15 of each
year the Comptroller General shall report to the Congress describing the
results of each audit conducted or reviewed by him under this section
during the preceding fiscal year. The Comptroller General shall
prescribe such regulations as are deemed necessary to carry out the
provisions of this subsection.
(d) Withholding information
Nothing in this section shall authorize the withholding of
information by the Secretary or the Comptroller General of the United
States, or any officer or employee under the control of either of them,
from the duly authorized committees of the Congress.
(Pub. L. 97-248, title V, 518, Sept. 3, 1982, 96 Stat. 693.)
49 USC 2218. General powers
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
The Secretary is empowered to perform such acts, to conduct such
investigations and public hearings, to issue and amend such orders, and
to make and amend such regulations and procedures, pursuant to and
consistent with the provisions of this chapter, as the Secretary
considers necessary to carry out the provisions of, and to exercise and
perform the Secretary's powers and duties, under this chapter.
(b) Limitations
(1) Withholding of approval
The Secretary may not withhold approval of a grant application for
funds apportioned under sections 2206(a)(1), 2206(a)(2), and 2206(b)(5)
of this Appendix for a violation of an assurance or other requirement of
this chapter unless --
(A) the Secretary provides the applicant with an opportunity for a
hearing; and
(B) within 180 days after the date of such application or the date
the Secretary first knows of such noncompliance, whichever is later, the
Secretary makes a determination that the violation has occurred.
(2) Withholding of payment
The Secretary may not withhold a payment under any grant agreement
entered into under this chapter for more than 180 days after the date
such payment is due --
(A) without providing the recipient of such payment with notice and
an opportunity for a hearing; and
(B) without determining that the grant recipient has violated such
agreement.
(3) Extension of time limits
The time limits established by paragraphs (1) and (2) of this section
/1/ may be extended --
(A) by mutual agreement of the Secretary and the grant applicant or
recipient, as the case may be; or
(B) at the discretion of the hearing officer if the hearing officer
determines that such extension is necessary as a result of a failure of
the applicant or recipient to adhere to the hearing schedule established
by such officer.
(4) Judicial review
A person aggrieved by an order of the Secretary withholding (A)
approval of a grant application under paragraph (1), or (B) a payment
under a grant agreement under paragraph (2), may obtain review of the
order by petition to the Court of Appeals for the District of Columbia
Circuit or the court of appeals for the circuit in which the project is
located. Such petition shall be filed not later than 60 days after the
date on which the order is served on the petitioner.
(Pub. L. 97-248, title V, 519, Sept. 3, 1982, 96 Stat. 694; Pub. L.
100-223, title I, 112, Dec. 30, 1987, 101 Stat. 1504.)
1987 -- Pub. L. 100-223 designated existing provision as subsec.
(a), inserted heading, and added subsec. (b).
/1/ So in original. Probably should be ''subsection''.
49 USC 2219. Civil rights
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary shall take affirmative action to assure that no person
shall, on the grounds of race, creed, color, national origin, or sex, be
excluded from participating in any activity conducted with funds
received from any grant made under this chapter. The Secretary shall
promulgate such rules as the Secretary deems necessary to carry out the
purposes of this section and may enforce this section, and any rules
promulgated under this section, through agency and department provisions
and rules which shall be similar to those established and in effect
under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.). The provisions of this section shall be considered to be in
addition to and not in lieu of the provisions of title VI of the Civil
Rights Act of 1964.
(Pub. L. 97-248, title V, 520, Sept. 3, 1982, 96 Stat. 694.)
The Civil Rights Act of 1964, referred to in text, is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil
Rights Act of 1964 is classified generally to subchapter V ( 2000d et
seq.) of chapter 21 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 2000a of Title 42 and Tables.
49 USC 2220. Reports to Congress
TITLE 49, APPENDIX -- TRANSPORTATION
On or before the first day of April of each year the Secretary shall
make a report to the Congress describing his operations under this
chapter during the preceding fiscal year. The report shall include a
detailed statement of the airport development accomplished, the status
of each project undertaken, the allocation of appropriations, and an
itemized statement of expenditures and receipts.
(Pub. L. 97-248, title V, 521, Sept. 3, 1982, 96 Stat. 694.)
49 USC 2221. Report on ability of airports to finance airport
development needs
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Submission to Congress
Not later than 1 year after September 3, 1982, the Secretary shall
submit to the Congress a report on whether, and to what extent, those
airports which have the ability to finance their capital and operating
needs without Federal assistance should be made ineligible to receive
Federal assistance for airport development and airport planning under
this chapter.
(b) Considerations
The study shall consider, among other things: (1) what effect, if
any, making such airports ineligible for such Federal assistance would
have on the national airport system; (2) whether airports which are
made ineligible for assistance, or voluntarily withdraw from the
program, should be permitted to collect a passenger facility charge;
(3) how such a passenger facility charge could be collected in order to
minimize any cost and inconvenience for passengers, airports, and air
carriers; (4) the extent to which such a program would permit a
reduction in Federal taxes on air transportation; (5) whether the net
effect of such a program would lower or increase the cost of air
transportation to passengers on our Nation's air carriers; and (6)
whether the Congress should implement such a program prior to the
expiration of this chapter.
(c) Consultation
In conducting the study, the Secretary shall consult with airport
operators, air carriers, and representatives of any other groups which
may be substantially affected by such a program.
(Pub. L. 97-248, title V, 522, Sept. 3, 1982, 96 Stat. 694.)
49 USC 2222. Contracting authority
TITLE 49, APPENDIX -- TRANSPORTATION
In the powers granted under section 2218 of this Appendix, the
Secretary, in entering into a contract or other agreement with any State
or political subdivision thereof for the purpose of permitting such
State or subdivision to operate any airport facility within such State
or subdivision shall insure that such contract or agreement contain,
among others, a provision relieving the United States of any and all
liability for the payment of any claim or other obligation arising out
of or in connection with acts or omissions of employees of such State or
political subdivision in the operation of any such airport facility.
(Pub. L. 97-248, title V, 526, Sept. 3, 1982, 96 Stat. 698.)
Pub. L. 100-223, title III, 306, Dec. 30, 1987, 101 Stat. 1526,
provided that: ''The Secretary shall continue in effect the low
activity (VFR) Level I air traffic control tower contract program
established under section 526 of the Airport and Airway Improvement Act
of 1982 (this section) with respect to existing contract towers and
shall extend such program to other towers as practicable.''
49 USC 2223. Study of airport access
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment of task force; functions; report to Congress
The Secretary shall appoint a task force, as provided in subsection
(b) of this section, to study the problems of allocating the use of
airport facilities and airspace (including, but not limited to, gate
facilities, landing facilities, airspace slots, and ticketing and
terminal space) among persons using or seeking to use such facilities.
The task force shall make a study of present methods of allocating the
use of airport facilities and airspace, and, if such action is
determined to be appropriate, shall make recommendations for improving
those methods and for resolving disputes with respect to the use of such
facilities. The task force shall report its findings and
recommendations to the chairman of the Committee on Public Works and
Transportation of the House of Representatives and the chairman of the
Committee on Commerce, Science, and Transportation of the Senate not
later than one hundred and twenty days after the task force first meets
under subsection (c) of this section.
(b) Membership on task force
The task force shall consist of the Chairman of the Civil Aeronautics
Board, who shall serve as chairman of the task force, and individuals
appointed by the Secretary of Transportation not later than sixty days
after September 3, 1982, including, but not limited to, a representative
of each of the following:
(1) the Department of Transportation;
(2) the Department of Justice;
(3) States;
(4) owners and operators of airports, including those owners and
operators of airports which do not restrict access, but which provide
service to airports where access is currently restricted or is expected
to be restricted in the future;
(5) trunk air carriers;
(6) regional air carriers (other than commuter air carriers);
(7) charter air carriers;
(8) commuter air carriers;
(9) all-cargo air carriers;
(10) general aviation;
(11) financial institutions with an interest in the aviation
industry; and
(12) aviation consumer groups.
(c) Meetings of task force
The task force shall meet, at the direction of the chairman, not
later than thirty days after all its members have been appointed under
subsection (b) of this section, and at such other times as may be
necessary to complete the study required by this section.
(d) Staff and support services
The Secretary shall provide such staff and support services as may be
necessary to assist the task force in completing the report required by
this section.
(Pub. L. 97-248, title V, 527, Sept. 3, 1982, 96 Stat. 698.)
All functions, powers, and duties of the Civil Aeronautics Board were
terminated or transferred by section 1551 of this Appendix, effective in
part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan.
1, 1985.
49 USC 2224. Part-time operation of flight service stations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
On or after July 15, 1987, the Secretary shall not close, or reduce
the hours of operation of, any flight service station in any area unless
the service provided in such area after the closure of such station or
during the hours such station is not in operation will be provided by an
automated flight service station with model 1 or better equipment.
(b) Rule for certain closed stations
As soon as practicable after December 30, 1987, the Secretary shall
reopen any flight service station closed between March 25, 1987, and
July 14, 1987, if the service provided in the area in which such station
is located since the date of such closure has not been provided by an
automated flight service station with model 1 or better equipment. The
hours of operation for such station shall be the same as the hours of
operation of such station on March 25, 1987. After reopening such
station, the Secretary may only close or reduce the hours of operation
of such station in accordance with subsection (a) of this section.
(Pub. L. 97-248, title V, 528, Sept. 3, 1982, 96 Stat. 699; Pub. L.
100-223, title I, 113, Dec. 30, 1987, 101 Stat. 1505.)
1987 -- Pub. L. 100-223 amended section generally, revising and
restating as subsecs. (a) and (b) the provisions of former subsecs.
(a) to (c).
49 USC 2225. Explosive detection K-9 teams
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary may provide by grant for the continuation of the
Explosive Detection K-9 Team Training Program for the purpose of
detecting explosives at airports and aboard aircraft.
(Pub. L. 97-248, title V, 529, Sept. 3, 1982, 96 Stat. 699; Pub. L.
100-223, title I, 114, Dec. 30, 1987, 101 Stat. 1505.)
1987 -- Pub. L. 100-223 substituted ''may'' for ''shall'' and struck
out at end ''There is authorized to be appropriated out of the Airport
and Airway Trust Fund for purposes of this section not more than
$150,000 nor less than $130,000 for each fiscal year beginning after
September 30, 1981, and ending before October 1, 1987.''
49 USC 2226. Denial of funds for projects using products or services of
foreign countries that deny fair market opportunities
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
(1) Prohibition on funding
No funds made available under this chapter may be used to fund any
project which uses any product or service of a foreign country during
any period in which such foreign country is listed by the United States
Trade Representative under subsection (c) of this section.
(2) Limitation on applicability
Paragraph (1) shall not apply with respect to the use of a product or
service in a project if the Secretary determines that --
(A) the application of paragraph (1) to such product, service, or
project would not be in the public interest,
(B) products of the same class or kind as such product or service are
not produced or offered in the United States, or in any foreign country
that is not listed under subsection (c) of this section, in sufficient
and reasonably available quantities and of a satisfactory quality, or
(C) exclusion of such product or service from the project would
increase the cost of the overall project contract by more than 20
percent.
(b) Determinations
(1) Deadline
By no later than the date which is 30 days after the date on which
each report is submitted to the Congress under section 2241(b) of title
19, the United States Trade Representative shall make a determination
with respect to each foreign country of whether or not such foreign
country --
(A) denies fair and equitable market opportunities for products and
suppliers of the United States in procurement, or
(B) denies fair and equitable market opportunities for United States
bidders,
for construction projects that cost more than $500,000 and are funded
(in whole or in part) by the government of such foreign country.
(2) Information considered
In making determinations under paragraph (1), the United States Trade
Representative shall take into account information obtained in preparing
the report submitted under section 2241 of title 19 and such other
information as the United States Trade Representative considers to be
relevant.
(c) Listing of foreign countries
(1) General rule
The United States Trade Representative shall maintain a list of each
foreign country with respect to which an affirmative determination is
made under subsection (b) of this section.
(2) Removal from list
Any foreign country that is added to the list maintained under
paragraph (1) shall remain on the list until the United States Trade
Representative determines that such foreign country does permit the fair
and equitable market opportunities described in subparagraphs (A) and
(B) of subsection (b)(1) of this section.
(3) Publication
The United States Trade Representative shall annually publish in the
Federal Register the entire list required under paragraph (1) and shall
publish in the Federal Register any modifications to such list that are
made between annual publications of the entire list.
(d) Special rules
(1) For purposes of this section, each foreign instrumentality, and
each territory or possession of a foreign country, that is administered
separately for customs purposes shall be treated as a separate foreign
country.
(2) For purposes of this section, any article that is produced or
manufactured (in whole or in substantial part) in a foreign country
shall be considered to be a product of such foreign country.
(3) For purposes of this section, any service provided by a person
that is a national of a foreign country, or is controlled by nationals
of a foreign country, shall be considered to be a service of such
foreign country.
(Pub. L. 97-248, title V, 533, as added Pub. L. 100-223, title I,
115, Dec. 30, 1987, 101 Stat. 1505.)
This chapter, referred to in subsec. (a)(1), was in the original
''this Act'' and was translated as if it read ''this title'', meaning
title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat. 671, as amended,
known as the Airport and Airway Improvement Act of 1982, as the probable
intent of Congress. Title V is classified principally to this chapter.
For complete classification of title V to the Code see Short Title note
set out under section 2201 of this title and tables.
49 USC 2226a. Buy American
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General rule
Notwithstanding any other provision of law, the Secretary of
Transportation shall not obligate, after November 5, 1990, any funds
authorized to be appropriated to carry out this subtitle, /1/ section
106(k) of title 49, or the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2201 et seq.) (other than section 506(b) (49 App. U.S.
C. 2205(b))) for any project unless steel and manufactured products used
in such project are produced in the United States.
(b) Limitations on applicability
The provisions of subsection (a) of this section shall not apply
where the Secretary finds --
(1) that their application would be inconsistent with the public
interest;
(2) that such materials and products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality;
(3) in the case of the procurement of facilities and equipment under
the Airport and Airway Improvement Act of 1982 (49 App. U.S.C. 2201 et
seq.) that (A) the cost of components and subcomponents which are
produced in the United States is more than 60 percent of the cost of all
components of the facility or equipment described in this paragraph, and
(B) final assembly of the facility or equipment described in this
paragraph has taken place in the United States; or
(4) that inclusion of domestic material will increase the cost of the
overall project contract by more than 25 percent.
(c) Calculation of components costs
For purposes of this section, in calculating components' costs, labor
costs involved in final assembly shall not be included in the
calculation.
(Pub. L. 101-508, title IX, 9129, Nov. 5, 1990, 104 Stat. 1388-371.)
This subtitle, referred to in subsec. (a), is subtitle B (
9101-9131) of title IX of Pub. L. 101-508, known as the Aviation Safety
and Capacity Expansion Act of 1990, which enacted sections 1433 and
2226a to 2226c of this Appendix, amended sections 1307, 1344, 1357,
1371, 1389, 1513, 2201 to 2207, and 2227 of this Appendix and section
106 of Title 49, Transportation, and enacted provisions set out as notes
under sections 1348, 1389, 2201, and 2206 of this Appendix. For
complete classification of subtitle B to the Code, see Short Title of
1990 Amendment note set out under section 2201 of this Appendix and
Tables.
The Airport and Airway Improvement Act of 1982, referred to in
subsecs. (a) and (b)(3), is Pub. L. 97-248, title V, Sept. 3, 1982,
96 Stat. 671, as amended, which is classified principally to this
chapter. For complete classification of this Act to the Code, see Short
Title note set out under section 2201 of this Appendix and Tables.
Section was enacted as part of the Aviation Safety and Capacity
Expansion Act of 1990, and also as part of the Omnibus Budget
Reconciliation Act of 1990, and not as part of the Airport and Airway
Improvement Act of 1982 which comprises this chapter.
/1/ See References in Text note below.
49 USC 2226b. Prohibition against fraudulent use of ''Made in America''
labels
TITLE 49, APPENDIX -- TRANSPORTATION
If the Secretary of Transportation determines that any person
intentionally affixes a label bearing a ''Made in America'' inscription
to any product sold in or shipped to the United States that is not made
in America, the Secretary shall declare that person ineligible to
receive a Federal contract or grant in conjunction with the issuance of
any contract made under this subtitle /1/ for a period of not less than
3 years and not more than 5 years. The Secretary may bring action
against such person to enforce this subsection /2/ in any United States
district court.
(Pub. L. 101-508, title IX, 9130, Nov. 5, 1990, 104 Stat. 1388-372.)
This subtitle, referred to in text, is subtitle B ( 9101-9131) of
title IX of Pub. L. 101-508, known as the Aviation Safety and Capacity
Expansion Act of 1990, which enacted sections 1433 and 2226a to 2226c of
this Appendix, amended sections 1307, 1344, 1357, 1371, 1389, 1513, 2201
to 2207, and 2227 of this Appendix and section 106 of Title 49,
Transportation, and enacted provisions set out as notes under sections
1348, 1389, 2201, and 2206 of this Appendix. For complete
classification of subtitle B to the Code, see Short Title of 1990
Amendment note set out under section 2201 of this Appendix and Tables.
Section was enacted as part of the Aviation Safety and Capacity
Expansion Act of 1990, and also as part of the Omnibus Budget
Reconciliation Act of 1990, and not as part of the Airport and Airway
Improvement Act of 1982 which comprises this chapter.
/1/ See References in Text note below.
/2/ So in original. Probably should be ''section''.
49 USC 2226c. Restrictions on contract awards
TITLE 49, APPENDIX -- TRANSPORTATION
No person or enterprise domiciled or operating under the laws of a
foreign government may enter into a contract or subcontract made
pursuant to this subtitle /1/ if that government unfairly maintains, in
government procurement, a significant and persistent pattern or practice
of discrimination against United States products or services which
results in identifiable harm to United States businesses, as identified
by the President pursuant to section 2515(g)(1)(A) of title 19.
(Pub. L. 101-508, title IX, 9131, Nov. 5, 1990, 104 Stat. 1388-372.)
This subtitle, referred to in text, is subtitle B ( 9101-9131) of
title IX of Pub. L. 101-508, known as the Aviation Safety and Capacity
Expansion Act of 1990, which enacted sections 1433 and 2226a to 2226c of
this Appendix, amended sections 1307, 1344, 1357, 1371, 1389, 1513, 2201
to 2207, and 2227 of this Appendix and section 106 of Title 49,
Transportation, and enacted provisions set out as notes under sections
1348, 1389, 2201, and 2206 of this Appendix. For complete
classification of subtitle B to the Code, see Short Title of 1990
Amendment note set out under section 2201 of this Appendix and Tables.
Section was enacted as part of the Aviation Safety and Capacity
Expansion Act of 1990, and also as part of the Omnibus Budget
Reconciliation Act of 1990, and not as part of the Airport and Airway
Improvement Act of 1982 which comprises this chapter.
/1/ See References in Text note below.
49 USC 2226d. Buy-American requirement
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Determination by Administrator
If the Administrator, with the concurrence of the Secretary of
Commerce and the United States Trade Representative, determines that the
public interest so requires, the Administrator is authorized to award to
a domestic firm a contract made pursuant to the issuance of any grant
made under this subtitle /1/ that, under the use of competitive
procedures, would be awarded to a foreign firm, if --
(1) the final product of the domestic firm will be completely
assembled in the United States;
(2) when completely assembled, not less than 51 percent of the final
product of the domestic firm will be domestically produced; and
(3) the difference between the bids submitted by the foreign and
domestic firms is not more than 6 percent.
In determining under this subsection whether the public interest so
requires, the Administrator shall take into account United States
international obligations and trade relations.
(b) Limited application
This section shall not apply to the extent to which --
(1) such applicability would not be in the public interest;
(2) compelling national security considerations require otherwise;
or
(3) the United States Trade Representative determines that such an
award would be in violation of the General Agreement on Tariffs and
Trade or an international agreement to which the United States is a
party.
(c) Limitation
This section shall apply only to contracts made related to the
issuance of any grant made under this subtitle /1/ for which --
(1) amounts are authorized by this subtitle /1/ (including the
amendments made by this subtitle) /1/ to be made available; and
(2) solicitations for bids are issued after November 5, 1990.
(d) Report to Congress
The Administrator shall report to the Congress on contracts covered
under this section and entered into with foreign entities in fiscal
years 1991 and 1992 and shall report to the Congress on the number of
contracts that meet the requirements of subsection (a) of this section
but which are determined by the United States Trade Representative to be
in violation of the General Agreement on Tariffs and Trade or an
international agreement to which the United States is a party. The
Administrator shall also report to the Congress on the number of
contracts covered under this subtitle /1/ (including the amendments made
by this subtitle) /1/ and awarded based upon the parameters of this
section.
(e) Definitions
For purposes of this section --
(1) the term ''Administrator'' means the Administrator of the Federal
Aviation Administration;
(2) the term ''domestic firm'' means a business entity that is
incorporated in the United States and that conducts business operations
in the United States; and
(3) the term ''foreign firm'' means a business entity not described
in paragraph (2).
(Pub. L. 101-508, title IX, 9207, Nov. 5, 1990, 104 Stat. 1388-375.)
This subtitle, referred to in subsecs. (a), (c), and (d), is
subtitle C ( 9201-9209) of title IX of Pub. L. 101-508, known as the
Federal Aviation Administration Research, Engineering, and Development
Authorization Act of 1990, which enacted this section and amended
sections 1353 and 2205 of this Appendix. For complete classification of
subtitle C to the Code, see Short Title of 1990 Amendment note set out
under section 2201 of this Appendix and Tables.
Section was enacted as part of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of 1990, and
also as part of the Omnibus Budget Reconciliation Act of 1990, and not
as part of the Airport and Airway Improvement Act of 1982 which
comprises this chapter.
/1/ See References in Text note below.
49 USC 2227. State block grant pilot program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Promulgation of regulations; effective period
Not later than 180 days after December 30, 1987, the Secretary shall
promulgate regulations to implement a State block grant pilot program to
become effective on October 1, 1989. Such program shall not be
effective after September 30, 1992.
(b) Assumption of certain responsibilities
Such regulations shall provide that the Secretary may designate not
more than 3 qualified States to assume administrative responsibility for
all airport grant funding available under this chapter, other than
funding which has been designated for use at primary airports.
(c) Selection of State participants
The Secretary shall select States for participation in such program
on the basis of applications submitted to the Secretary. The Secretary
shall select a State only if the Secretary determines that the State --
(1) has an agency or organization capable of administering
effectively any block grant made under this section;
(2) uses a satisfactory airport system planning process;
(3) uses a programming process acceptable to the Secretary;
(4) has agreed to comply with Federal procedural and other standard
requirements for administering any such block grant; and
(5) has agreed to provide the Secretary with such program information
as the Secretary may require.
Before determining that any planning process is satisfactory or any
programming process is acceptable, the Secretary shall ensure that such
process provides for meeting critical safety and security needs and that
the programming process ensures that the needs of the national airport
system will be addressed in deciding to which projects funds will be
provided.
(d) Review and report
The Secretary shall conduct an ongoing review of the program
established under this section, and shall, not later than January 31,
1992, report to Congress the results of such review, together with
recommendations for further action relating to the program.
(Pub. L. 97-248, title V, 534, as added Pub. L. 100-223, title I,
116, Dec. 30, 1987, 101 Stat. 1507, and amended Pub. L. 101-508, title
IX, 9114, Nov. 5, 1990, 104 Stat. 1388-364.)
1990 -- Subsec. (a). Pub. L. 101-508, 9114(1), substituted ''1992''
for ''1991''.
Subsec. (d). Pub. L. 101-508, 9114(2), substituted ''January 31,
1992'' for ''90 days before its scheduled termination''.
49 USC CHAPTER 32 -- COMMERCIAL MOTOR VEHICLES
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2301. Definitions
2302. Grants to States.
(a) Authorization for grants for enforcement programs applicable to
commercial motor vehicle safety.
(b) Submission of plan by State for enforcement of Federal and State
rules, regulations, etc., applicable to commercial motor vehicle safety;
conditions for approval of plan by Secretary; rejection and
resubmission of plan.
(c) Evaluation by Secretary of execution of plan by State;
withdrawal of approval of plan; judicial review; retention of
enforcement jurisdiction by State.
(d) Maintenance of level of expenditures for commercial motor vehicle
safety programs as condition for approval of plan.
(e) Use of grant funds for enforcement of certain other laws.
2303. Federal share of costs.
2304. Authorizations.
(a) Amounts.
(b) Use of funds.
(c) Availability, release, and reallocation of funds.
(d) Approval of grant deemed contractual obligation to pay Federal
share of costs.
(e) Availability of funds.
(f) Administrative expenses; allocation criteria.
(g) Funding for specified programs.
(h) Payments to States.
2305. Protection of employees.
(a) Prohibition against discharge, discipline, or discrimination for
filing complaint or instituting proceeding relating to violation of
commercial motor vehicle safety rule, regulation, etc.
(b) Prohibition against discharge, discipline, or discrimination for
refusal to operate vehicle in violation of Federal rule, regulation,
etc., or because of apprehension of serious injury due to unsafe
condition; reasonable person standard.
(c) Complaint for unlawful discharge, discipline, etc.; notification;
investigation into merits of complaint; preliminary order for relief;
objections to findings or order; hearing; final order; order of
abatement, reinstatement, and damages; costs and expenses.
(d) Judicial review of order; waiver.
(e) Civil action to enforce order; relief granted.
2306. Commercial vehicle information system program.
(a) Information system.
(b) Demonstration project.
(c) Regulations.
(d) Report.
(e) Funding.
(f) ''Commercial motor vehicle'' defined.
2307. Truck and bus accident data grant program.
(a) General authority.
(b) Grant purposes.
(c) Coordination.
(d) Funding.
2311. Length limitations on federally assisted highways.
(a) Prohibition against certain length limitations on semitrailers
and trailers.
(b) Nonapplicability of limitations to truck tractors; prohibition
against overall length limitations on truck-tractor semitrailer or truck
tractor semitrailer, trailer combinations; prohibition against
regulation of commerce prohibiting use of certain trailers and
semitrailers.
(c) Prohibition by State of maxi-cube vehicles or combination of
truck tractor and two trailing units forbidden.
(d) Establishment of rules and making of determinations by Secretary.
(e) Designation of qualifying Federal-aid Primary System highways;
time; enactment of final rules.
(f) Definitions.
(g) Effective date.
(h) Exclusion of safety and energy conservation devices.
(i) Exemption from length requirements.
(j) Cargo carrying unit limitation.
2312. Access to the Interstate System.
2313. Enforcement.
2314. Splash and spray suppressant devices.
(a) Congressional declaration of purpose.
(b) Establishment of minimum standards with respect to performance
and installation of devices; requirement that commercial motor vehicles
be equipped with devices.
(c) Definitions.
2315. Report regarding longer combination commercial motor vehicles.
(a) Potential benefits and costs anticipated from establishment of
National intercity truck route network for operation of longer
combination commercial motor vehicles.
(b) Definitions.
(c) Contents of report.
(d) Longer combination commercial motor vehicles subject to single-
and tandem-axle weight limits; limitations on gross weight.
(e) Access to terminals, combination breakup areas, and food and fuel
facilities.
2316. Commercial motor vehicle width limitation.
(a) State limitation of more or less than 102 inches on vehicle width
prohibited.
(b) Safety devices not included in calculation of width.
(c) Special use permits.
(d) State authority to enforce commercial vehicle width limitation of
102 inches.
(e) Exemption from width requirements.
(f) Effective date.
49 USC SUBCHAPTER I -- SAFETY
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2301. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this subchapter, unless the context otherwise
requires, the term --
(1) ''commercial motor vehicle'' means any self-propelled or towed
vehicle used on the highways in commerce principally to transport
passengers or cargo --
(A) if such vehicle has a gross vehicle weight rating of ten thousand
or more pounds;
(B) if such vehicle is designed to transport more than ten
passengers, including the driver; or
(C) if such vehicle is used in the transportation of materials found
by the Secretary to be hazardous for the purposes of the Hazardous
Materials Transportation Act, as amended (49 U.S.C. 1801 et seq.) (49
App. U.S.C. 1801 et seq.);
(2) ''employee'' means --
(A) a driver of a commercial motor vehicle (including an independent
contractor while in the course of personally operating a commercial
motor vehicle);
(B) a mechanic;
(C) a freight handler; or
(D) any individual other than an employer;
who is employed by a commercial motor carrier and who in the course
of his employment directly affects commercial motor vehicle safety, but
such term does not include an employee of the United States, any State,
or a political subdivision of a State who is acting within the course of
such employment;
(3) ''employer'' means any person engaged in a business affecting
commerce who owns or leases a commercial motor vehicle in connection
with that business, or assigns employees to operate it in commerce, but
such term does not include the United States, any State, or a political
subdivision of a State;
(4) ''person'' means one or more individuals, partnerships,
associations, corporations, business trusts, or any other organized
group of individuals;
(5) ''Secretary'' means the Secretary of Transportation; and
(6) ''State'' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, or the Commonwealth of the Northern Marianas.
(Pub. L. 97-424, title IV, 401, Jan. 6, 1983, 96 Stat. 2154; Pub.
L. 98-554, title II, 228(a), Oct. 30, 1984, 98 Stat. 2852.)
This subchapter, referred to in text, was in the original ''this
part'', meaning part A of title IV of Pub. L. 97-424. Part A, in
addition to enacting this subchapter, amended section 30 of the Motor
Carrier Act of 1980 (Pub. L. 96-296) which is set out as a note under
section 10927 of Title 49, Transportation.
The Hazardous Materials Transportation Act, referred to in par. (1)(
C), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as
amended, which is classified principally to chapter 27 ( 1801 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of this Appendix and
Tables.
1984 -- Par. (2). Pub. L. 98-554 struck out at end '', nor does such
term include an individual employed by a commercial motor carrier
engaged in the transportation of passengers''.
Section 228(b) of Pub. L. 98-554 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on the
last day of the two year period beginning on the date of the enactment
of this Act (Oct. 30, 1984).''
Pub. L. 102-240, title IV, 4001, Dec. 18, 1991, 105 Stat. 2140,
provided that: ''This title (enacting sections 2306, 2307, 2511a, and
2718 of this Appendix, amending sections 2302 to 2304, 2311, 2312, 2708,
and 2716 of this Appendix and sections 10723 and 11506 of Title 49,
Transportation, and enacting provisions set out as notes under sections
2302, 2304, and 2521 of this Appendix and section 11506 of Title 49) may
be cited as the 'Motor Carrier Act of 1991'.''
Pub. L. 98-554, title I, 101, Oct. 30, 1984, 98 Stat. 2829,
provided that: ''This title (amending sections 2311, 2312, and 2316 of
this Appendix) may be cited as the 'Tandem Truck Safety Act of 1984'.''
Act of 1982; Protection; Individuals Employed by
Commercial Motor Carrier
Section 228(c) of Pub. L. 98-554 provided that: ''The Secretary, in
consultation with the Secretary of Labor, shall conduct a study to
determine whether or not part A of title IV of the Surface
Transportation Assistance Act of 1982 (this subchapter) should be
amended to provide protection to individuals employed by a commercial
motor carrier engaged in the transportation of passengers. Not later
than twelve months after the date of the enactment of this Act (Oct.
30, 1984), the Secretary shall transmit to Congress a report on the
results of such study.''
49 USC 2302. Grants to States
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authorization for grants for enforcement programs applicable to
commercial motor vehicle safety
Under the terms and conditions of this section, subject to the
availability of funds, the Secretary is authorized to make grants to
States for the development or implementation of programs for the
enforcement of Federal rules, regulations, standards, and orders
applicable to commercial motor vehicle safety and compatible State
rules, regulations, standards, and orders.
(b) Submission of plan by State for enforcement of Federal and State
rules, regulations, etc., applicable to commercial motor vehicle safety;
conditions for approval of plan by Secretary; rejection and
resubmission of plan
(1) The Secretary shall formulate procedures for any State to submit
a plan whereby the State agrees to adopt, and to assume responsibility
for enforcing Federal rules, regulations, standards, and orders
applicable to commercial motor vehicle safety, or compatible State
rules, regulations, standards, and orders. Such plan shall be approved
by the Secretary if, in the Secretary's judgment, the plan is adequate
to promote the objectives of this section, and the plan --
(A) designates the State motor vehicle safety agency responsible for
administering the plan throughout the State;
(B) contains satisfactory assurances that such agency has or will
have the legal authority, resources, and qualified personnel necessary
for the enforcement of such rules, regulations, standards, and orders;
(C) gives satisfactory assurances that such State will devote
adequate funds to the administration of such plan and enforcement of
such rules, regulations, standards, and orders;
(D) provides a right of entry and inspection to carry out the plan
and provides that the State will grant maximum reciprocity for
inspections conducted pursuant to the North American Inspection
Standard, through the use of a nationally accepted system allowing ready
identification of previously inspected commercial motor vehicles;
(E) provides that all reports required pursuant to this section be
submitted to the State agency, and that such agency make available upon
request to the Secretary all such reports;
(F) provides that such State agency will adopt such uniform reporting
requirements and use such uniform forms for recordkeeping, inspections,
and investigations as may be established and required by the Secretary;
(G) requires registrants of commercial motor vehicles to make a
declaration of knowledge of applicable Federal and State safety rules,
regulations, standards, and orders;
(H) ensures that activities described in paragraphs (1), (2), and (3)
of subsection (e) of this section if funded with grants under this
section will not diminish the effectiveness of development and
implementation of commercial motor vehicle safety programs described in
subsection (a) of this section;
(I) ensures that fines imposed and collected by the State for
violations of commercial motor vehicle safety regulations will be
reasonable and appropriate and provides that, to the maximum extent
practicable, the State will seek to implement into law and practice the
recommended fine schedule published by the Commercial Vehicle Safety
Alliance;
(J) ensures that such State agency will coordinate the plan prepared
under this section with the State highway safety plan under section 402
of title 23;
(K) ensures participation by the 48 contiguous States in SAFETYNET by
January 1, 1994;
(L) gives satisfactory assurances that the State will undertake
efforts that will emphasize and improve enforcement of State and local
traffic safety laws and regulations pertaining to commercial motor
vehicle safety;
(M) gives satisfactory assurances that the State will promote
activities --
(i) to remove impaired commercial motor vehicle drivers from our
Nation's highways through adequate enforcement of regulations on the use
of alcohol and controlled substances and by ensuring ready roadside
access to alcohol detection and measuring equipment;
(ii) to provide an appropriate level of training to its motor carrier
safety assistance program officers and employees on the recognition of
drivers impaired by alcohol or controlled substances;
(iii) to promote enforcement of the requirements relating to the
licensing of commercial motor vehicle drivers, especially including the
checking of the status of commercial drivers' licenses; and
(iv) to improve enforcement of hazardous materials transportation
regulations by encouraging more inspections of shipper facilities
affecting highway transportation and more comprehensive inspections of
the loads of commercial motor vehicles transporting hazardous materials;
and
(N) give /1/ satisfactory assurance that the State will promote --
(i) effective interdiction activities affecting the transportation of
controlled substances by commercial motor vehicle drivers and training
on appropriate strategies for carrying out such interdiction activities;
and
(ii) effective use of trained and qualified officers and employees of
political subdivisions and local governments, under the supervision and
direction of the State motor vehicle safety agency, in the enforcement
of regulations affecting commercial motor vehicle safety and hazardous
materials transportation safety.
(2) If a plan submitted under paragraph (1) of this subsection is
rejected, the Secretary shall provide the State a written explanation of
the Secretary's action and shall permit the State to modify and resubmit
its proposed plan for approval, in accordance with the procedures
formulated in such paragraph.
(c) Evaluation by Secretary of execution of plan by State;
withdrawal of approval of plan; judicial review; retention of
enforcement jurisdiction by State
The Secretary shall, on the basis of reports submitted by the State
agency, and on the Secretary's own inspections, make a continuing
evaluation of the manner in which each State with a plan approved under
this section is carrying out such plan. Whenever the Secretary finds,
after affording due notice and opportunity for comment, that a State
plan previously approved is not being followed or that it has become
inadequate to assure the enforcement of Federal rules, regulations,
standards, or orders applicable to commercial motor vehicle safety or
compatible State rules, regulations, standards, or orders, he shall
notify the State of withdrawal of approval of such plan. Upon receipt
of such notice such plan shall cease to be in effect. Any State
aggrieved by a determination of the Secretary pursuant to this
subsection may seek judicial review pursuant to chapter 7 of title 5.
The State may, however, retain jurisdiction in any administrative or
judicial enforcement proceeding commenced before the withdrawal of the
plan whenever the issues involved do not directly relate to the reasons
for the withdrawal of approval of the plan.
(d) Maintenance of level of expenditures for commercial motor vehicle
safety programs as condition for approval of plan
The Secretary shall not approve any plan under this section which
does not provide that the aggregate expenditure of funds of the State
and political subdivisions thereof, exclusive of Federal funds, for
commercial motor vehicle safety programs and for enforcement of
commercial motor vehicle size and weight limitations, for drug
interdiction, and for enforcement of State traffic safety laws and
regulations described in subsection (e) of this section will be
maintained at a level which does not fall below the average level of
such expenditure for its last 3 full fiscal years preceding December 18,
1991. In estimating such average level, the Secretary may allow the
State to exclude State expenditures for federally sponsored
demonstration or pilot programs and shall require the State to exclude
Federal funds and State matching funds used to receive Federal funding
under this section.
(e) Use of grant funds for enforcement of certain other laws
A State may use funds received under a grant under this section --
(1) for enforcement of commercial motor vehicle size and weight
limitations at locations other than fixed weight facilities, at specific
geographical locations (such as steep grades or mountainous terrains)
where the weight of a commercial motor vehicle can significantly affect
the safe operation of such vehicle, or at seaports where intermodal
shipping containers enter and exit the United States;
(2) for detecting the unlawful presence of a controlled substance (as
defined under section 802 of title 21) in a commercial motor vehicle or
on the person of any occupant (including the operator) of such a
vehicle; and
(3) for enforcement of State traffic laws and regulations designed to
promote safe operation of commercial motor vehicles;
if such activities are carried out in conjunction with an appropriate
type of inspection of the commercial motor vehicle for enforcement of
Federal or State commercial motor vehicle safety regulations.
(Pub. L. 97-424, title IV, 402, Jan. 6, 1983, 96 Stat. 2155; Pub.
L. 102-240, title IV, 4002(a)-(c), Dec. 18, 1991, 105 Stat. 2140, 2141.)
1991 -- Subsec. (b)(1)(D). Pub. L. 102-240, 4002(a)(1), added
subpar. (D) and struck out former subpar. (D) which read as follows:
''provides a right of entry and inspection sufficient to enforce such
rules, regulations, standards, and orders;''.
Subsec. (b)(1)(H) to (N). Pub. L. 102-240, 4002(a)(2)-(4), added
subpars. (H) to (N).
Subsec. (d). Pub. L. 102-240, 4002(b), inserted ''and for enforcement
of commercial motor vehicle size and weight limitations, for drug
interdiction, and for enforcement of State traffic safety laws and
regulations described in subsection (e) of this section'' after
''programs'', substituted ''last 3 full'' for ''last two full'' and
''December 18, 1991'' for ''January 6, 1983'', and inserted at end ''In
estimating such average level, the Secretary may allow the State to
exclude State expenditures for federally sponsored demonstration or
pilot programs and shall require the State to exclude Federal funds and
State matching funds used to receive Federal funding under this
section.''
Subsec. (e). Pub. L. 102-240, 4002(c), added subsec. (e).
Section 4002(l) of Pub. L. 102-240 provided that: ''Not later than
9 months after the date of the enactment of this Act (Dec. 18, 1991),
the Secretary shall issue final regulations specifying tolerance
guidelines and standards for ensuring compatibility of intrastate
commercial motor vehicle safety law and regulations with the Federal
motor carrier safety regulations under the motor carrier safety
assistance program. Such guidelines and standards shall, to the extent
practicable, allow for maximum flexibility while ensuring the degree of
uniformity that will not diminish transportation safety. In the review
of State plans and the allocation or granting of funds under section 153
of title 23, United States Code, as added by this Act, the Secretary
shall ensure that such guidelines and standards are applied uniformly.''
ns, Studies, and Testing
Section 4007 of Pub. L. 102-240 provided that:
''(a) Entry Level. --
''(1) Study of private sector. -- Not later than 12 months after the
date of the enactment of this Act (Dec. 18, 1991), the Secretary shall
report to Congress on the effectiveness of the efforts of the private
sector to ensure adequate training of entry level drivers of commercial
motor vehicles. In preparing the report, the Secretary shall solicit
the views of interested persons.
''(2) Rulemaking proceeding. -- Not later than 12 months after the
date of the enactment of this Act, the Secretary shall commence a
rulemaking proceeding on the need to require training of all entry level
drivers of commercial motor vehicles. Such rulemaking proceeding shall
be completed not later than 24 months after the date of such enactment.
''(3) Followup study. -- If the Secretary determines under the
proceeding conducted under paragraph (2) that it is not in the public
interest to issue a rule that requires training for all entry level
drivers, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives not later than
25 months after the date of the enactment of this Act a report on the
reasons for such decision, together with the results of a cost benefit
analysis which the Secretary shall conduct with respect to such
proceeding.
''(b) LCVs Training Requirements. --
''(1) Initiation of rulemaking proceeding. -- Not later than 60 days
after the date of the enactment of this Act (Dec. 18, 1991), the
Secretary shall initiate a rulemaking proceeding to establish minimum
training requirements for operators of longer combination vehicles.
This training shall include certification of an operator's proficiency
by an instructor who has met the requirements established by the
Secretary.
''(2) Final rule. -- Not later than 24 months after the date of the
enactment of this Act, the Secretary shall issue a final regulation
establishing minimum training requirements for operators of longer
combination vehicles.
''(c) Safety Characteristics. --
''(1) Study. -- The Comptroller General shall conduct a study of the
safety of longer combination vehicles for the purpose of comparing the
safety characteristics and performance, including engineering and design
safety characteristics, of such vehicles to other truck-trailer
combination vehicles and for the purpose of reviewing the history and
effectiveness of State safety enforcement pertaining to such vehicles
for those States in which such vehicles are permitted to operate. Such
study shall include an assessment of each of the following:
''(A) The adequacy of currently available data bases for the purpose
of determining the safety of longer combination vehicles and
recommending safety improvements.
''(B) Whether or not such States are actively monitoring the safety
of such operations.
''(C) The best available information on the safety of such
operations.
''(D) Enforcement actions which have been taken in such States to
ensure the safety of such operations.
''(E) Current procedures and controls used by such States to ensure
the safety of operation of such vehicles.
''(F) Whether or not any special inspections of equipment maintenance
is required to improve the safety of such operations.
''(G) The economic and safety impact of longer combination vehicles
on shared highways.
''(2) Report. -- Not later than 2 years after the date of the
enactment of this Act (Dec. 18, 1991), the Comptroller General shall
transmit a report on the results of the study conducted under paragraph
(1) to the Committee on Environment and Public Works and the Committee
on Commerce, Science, and Transportation of the Senate and the Committee
on Public Works and Transportation of the House of Representatives.
''(d) Operations of Longer Combination Vehicles. --
''(1) Tests. -- The Secretary shall conduct on the road tests with
respect to the driver and vehicle characteristics of operations of
longer combination vehicles for the purpose of determining whether or
not any modifications are necessary to the Federal commercial motor
vehicle safety standards of the Department of Transportation as they
apply to longer combination vehicles. At a minimum, such tests shall
examine driver fatigue and stress and time of operation characteristics.
Such tests also shall examine the characteristics of longer combination
vehicles, including an assessment of on board computers, anti-lock
brakes, and anti-trailer under ride systems to determine the potential
safety effectiveness of those technologies as applied to such vehicles.
''(2) Report. -- Not later than 3 years after the date of the
enactment of this Act (Dec. 18, 1991), the Secretary shall transmit a
report on the results of the tests conducted under paragraph (1) to the
Committee on Environment and Public Works and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives.
''(e) Funding. -- There shall be available to the Secretary for
carrying out this section, out of the Highway Trust Fund (other than the
Mass Transit Account), $1,000,000 per fiscal year for each of fiscal
years 1992, 1993, and 1994. Such sums shall remain available until
expended.
''(f) Longer Combination Vehicle Defined. -- For the purposes of this
section, the term 'longer combination vehicle' means any combination of
a truck tractor and 2 or more trailers or semitrailers which operate on
the National System of Interstate and Defense Highways (now Dwight D.
Eisenhower System of Interstate and Defense Highways) with a gross
vehicle weight greater than 80,000 pounds.''
2510, 2808 of this Appendix.
/1/ So in original. Probably should be ''gives''.
49 USC 2303. Federal share of costs
TITLE 49, APPENDIX -- TRANSPORTATION
By grants authorized under this subchapter, the Secretary shall
reimburse any State an amount not to exceed 80 per centum of the costs
incurred by that State in that fiscal year in the development and
implementation of programs to enforce commercial motor vehicle rules,
regulations, standards, or orders adopted pursuant to this chapter. In
determining such costs incurred by the State, the Secretary shall
include in-kind contributions by the State. The funds of the State and
political subdivisions thereof which are required to be expended under
section 2302(d) of this Appendix shall not be considered to be part of
the non-Federal share. The Secretary is authorized to allocate, among
the States whose applications for grants have been approved, those
amounts appropriated for grants to support such programs, pursuant to
such criteria as may be established.
(Pub. L. 97-424, title IV, 403, Jan. 6, 1983, 96 Stat. 2156; Pub.
L. 102-240, title IV, 4002(d), Dec. 18, 1991, 105 Stat. 2142.)
1991 -- Pub. L. 102-240 inserted after first sentence: ''In
determining such costs incurred by the State, the Secretary shall
include in-kind contributions by the State.''
49 USC 2304. Authorizations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Amounts
(1) To carry out the purposes of section 2302 of this Appendix, there
is authorized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $10,000,000 for fiscal year 1984,
$20,000,000 for fiscal year 1985, and $30,000,000 for fiscal year 1986.
(2) Subject to section 9503(c)(1) of title 26, there shall be
available to the Secretary to incur obligations to carry out section
2302 of this Appendix, out of the Highway Trust Fund (other than the
Mass Transit Account), $50,000,000 per fiscal year for each of fiscal
years 1987 and 1988, $60,000,000 per fiscal year for each of fiscal
years 1989, 1990, and 1991, $65,000,000 for fiscal year 1992,
$76,000,000 for fiscal year 1993, $80,000,000 for fiscal year 1994,
$83,000,000 for fiscal year 1995, $85,000,000 for fiscal year 1996, and
$90,000,000 for fiscal year 1997.
(b) Use of funds
Funds authorized to be appropriated, and funds made available, by
this section shall be used to reimburse States pro rata for the Federal
share of the costs incurred.
(c) Availability, release, and reallocation of funds
Funds made available by this section shall remain available for
obligation by the Secretary until expended. Allocations to a State
shall remain available for expenditure in that State for the fiscal year
in which they are allocated and 1 succeeding fiscal year. Funds not
expended by a State during those 2 fiscal years shall be released to the
Secretary for reallocation. Funds made available under this subchapter
which, as of October 1, 1992, were not obligated shall be available for
reallocation and obligation under this subsection.
(d) Approval of grant deemed contractual obligation to pay Federal
share of costs
Notwithstanding any other provision of law, beginning after September
30, 1986, approval by the Secretary of a grant to a State under section
2302 of this Appendix shall be deemed a contractual obligation of the
United States for payment of the Federal share of the costs incurred by
such State in development or implementation or both of programs to
enforce commercial motor vehicle rules, regulations, standards, and
orders.
(e) Availability of funds
Funds authorized to be appropriated, and funds made available, to
carry out this section shall remain available for obligation by the
Secretary for the fiscal year for which such funds are authorized or
made available, as the case may be, and the three succeeding fiscal
years.
(f) Administrative expenses; allocation criteria
(1) Deduction for administrative expenses
On October 1 of each fiscal year, or as soon thereafter as is
practicable, the Secretary may deduct, for administration of this
section for that fiscal year, not to exceed 1.25 percent of the funds
made available for that fiscal year by subsection (a)(2) of this
section. At least 75 percent of the funds so deducted for
administration shall be used for the training of non-Federal employees,
and the development of related training materials, to carry out the
purposes of section 2302 of this Appendix.
(2) Allocation criteria
On October 1 of each fiscal year, or as soon thereafter as is
practicable, the Secretary, after making the deduction authorized by
paragraph (1), shall allocate, among the States with plans approved
under section 2302 of this Appendix, the available funds for that fiscal
year, pursuant to criteria established by the Secretary; except that
the Secretary, in allocating funds available for research, development,
and demonstration under subsection (g)(5) of this section and for public
education under subsection (g)(6) of this section, may designate
specific eligible States among which to allocate such funds.
(g) Funding for specified programs
(1) Training of hazmat inspectors
The Secretary shall obligate from funds made available by subsection
(a)(2) of this section for each fiscal year beginning after September
30, 1992, not less than $1,500,000 to make grants to States for training
inspectors for enforcement of regulations which are issued by the
Secretary and pertain to transportation by commercial motor vehicle of
hazardous materials.
(2) Commercial motor vehicle information system review
The Secretary may obligate from funds made available by subsection
(a)(2) of this section for each of fiscal years 1992, 1993, 1994, 1995,
1996, and 1997 not to exceed $2,000,000 to carry out section 2306 of
this Appendix, relating to the commercial motor vehicle information
system.
(3) Truck and bus accident data grant program
The Secretary may obligate from funds made available by subsection
(a)(2) of this section for each of fiscal years 1993, 1994, 1995, 1996,
and 1997 not to exceed $2,000,000 to carry out section 2307 of this
Appendix, relating to the truck and bus accident data grant program.
(4) Enforcement
(A) Traffic enforcement activities
The Secretary shall obligate from funds made available by subsection
(a)(2) of this section for each of fiscal years 1993, 1994, and 1995 not
less than $4,250,000 and for each of fiscal years 1996 and 1997 not less
than $5,000,000 for traffic enforcement activities with respect to
commercial motor vehicle drivers which are carried out in conjunction
with an appropriate inspection of a commercial motor vehicle for
compliance with Federal or State commercial motor vehicle safety
regulations.
(B) Licensing requirements
The Secretary shall obligate from the funds made available by
subsection (a)(2) of this section not less than $1,000,000 for each of
fiscal years 1993, 1994, and 1995 to increase enforcement of the
licensing requirements of the Commercial Motor Vehicle Safety Act of
1986 (49 App. U.S.C. 2701 et seq.) by motor carrier safety assistance
program officers and employees, including the cost of purchasing
equipment for and conducting inspections to check the current status of
licenses issued pursuant to such Act.
(5) Research and development
The Secretary shall obligate from funds made available by subsection
(a)(2) of this section not less than $500,000 for any fiscal year for
research, development, and demonstration of technologies, methodologies,
analyses, or information systems designed to promote the purposes of
section 2302 of this Appendix and which are beneficial to all
jurisdictions. Such funds shall be announced publicly and awarded
competitively, whenever practicable, to any of the eligible States for
up to 100 percent of the State costs, or to other persons as determined
by the Secretary.
(6) Public education
The Secretary shall obligate from funds made available by subsection
(a)(2) of this section for any fiscal year not less than $350,000 to
educate the motoring public on how to share the road safely with
commercial motor vehicles. In carrying out such education activities,
the States shall consult with appropriate industry representatives.
(h) Payments to States
The Secretary shall make payments to a State of costs incurred by it
under this section and section 2302 of this Appendix, as reflected by
vouchers submitted by the State. Payments shall not exceed the Federal
share of costs incurred as of the date of the vouchers.
(Pub. L. 97-424, title IV, 404, Jan. 6, 1983, 96 Stat. 2156; Pub.
L. 99-570, title XII, 12014, Oct. 27, 1986, 100 Stat. 3207-186; Pub.
L. 102-240, title IV, 4002(e)-(i), Dec. 18, 1991, 105 Stat. 2142-2144.)
The Commercial Motor Vehicle Safety Act of 1986, referred to in
subsec. (g)(4)(B), is title XII of Pub. L. 99-570, Oct. 27, 1986, 100
Stat. 3207-170, as amended, which is classified generally to chapter 36
( 2701 et seq.) of this Appendix. For complete classification of this
Act to the Code, see Short Title note set out under section 2701 of this
Appendix and Tables.
1991 -- Subsec. (a)(2). Pub. L. 102-240, 4002(e), substituted ''a
comma for ''and'' before ''$60,000,000'' and substituted '', $65,000,000
for fiscal year 1992, $76,000,000 for fiscal year 1993, $80,000,000 for
fiscal year 1994, $83,000,000 for fiscal year 1995, $85,000,000 for
fiscal year 1996, and $90,000,000 for fiscal year 1997.'' for period at
end.
Subsec. (c). Pub. L. 102-240, 4002(f), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''Grants
made pursuant to the authority of this subchapter shall be for periods
not to exceed one year.''
Subsec. (f). Pub. L. 102-240, 4002(g), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''On
October 1 of each fiscal year beginning after September 30, 1986, the
Secretary may deduct, from funds made available for such fiscal year by
subsection (a)(2) of this section, an amount not to exceed one-half of
one percent of the amount of such funds for administering section 2302
of this Appendix in such fiscal year.''
Subsecs. (g), (h). Pub. L. 102-240, 4002(h), (i), added subsecs.
(g) and (h).
1986 -- Pub. L. 99-570 amended section generally. Prior to
amendment, section read as follows: ''To carry out the purposes of
section 2302 of this Appendix, there is authorized to be appropriated
out of the Highway Trust Fund not to exceed $10,000,000 in the fiscal
year ending September 30, 1984, not to exceed $20,000,000 in the fiscal
year ending September 30, 1985, not to exceed $30,000,000 in the fiscal
year ending September 30, 1986, not to exceed $40,000,000 in the fiscal
year ending September 30, 1987, and not to exceed $50,000,000 in the
fiscal year ending September 30, 1988. Appropriated funds authorized by
this section shall be used to reimburse States pro rata for the Federal
share of costs incurred. Grants made pursuant to the authority of this
subchapter shall be for periods not to exceed one fiscal year, ending at
the end of a fiscal year.''
Section 4002(k) of Pub. L. 102-240 provided that: ''Not later than
6 months after the date of the enactment of this Act (Dec. 18, 1991),
the Secretary, by regulation, shall develop an improved formula and
processes for the allocation among eligible States of the funds made
available under the motor carrier safety assistance program. In
conducting such a revision, the Secretary shall take into account ways
to provide incentives to States that demonstrate innovative, successful,
cost-efficient, or cost-effective programs to promote commercial motor
vehicle safety and hazardous materials transportation safety. In
particular, the Secretary shall place special emphasis on incentives to
States that conduct traffic safety enforcement activities that are
coupled with motor carrier safety inspections. In improving the
formula, the Secretary shall also take into account ways to provide
incentives to States that increase compatibility of State commercial
motor vehicle safety and hazardous materials transportation regulations
with the Federal safety regulations and promote other factors intended
to promote effectiveness and efficiency that the Secretary determines
appropriate.''
49 USC 2305. Protection of employees
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibition against discharge, discipline, or discrimination for
filing complaint or instituting proceeding relating to violation of
commercial motor vehicle safety rule, regulation, etc.
No person shall discharge, discipline, or in any manner discriminate
against any employee with respect to the employee's compensation, terms,
conditions, or privileges of employment because such employee (or any
person acting pursuant to a request of the employee) has filed any
complaint or instituted or caused to be instituted any proceeding
relating to a violation of a commercial motor vehicle safety rule,
regulation, standard, or order, or has testified or is about to testify
in any such proceeding.
(b) Prohibition against discharge, discipline, or discrimination for
refusal to operate vehicle in violation of Federal rule, regulation,
etc., or because of apprehension of serious injury due to unsafe
condition; reasonable person standard
No person shall discharge, discipline, or in any manner discriminate
against an employee with respect to the employee's compensation, terms,
conditions, or privileges of employment for refusing to operate a
vehicle when such operation constitutes a violation of any Federal
rules, regulations, standards, or orders applicable to commercial motor
vehicle safety or health, or because of the employee's reasonable
apprehension of serious injury to himself or the public due to the
unsafe condition of such equipment. The unsafe conditions causing the
employee's apprehension of injury must be of such nature that a
reasonable person, under the circumstances then confronting the
employee, would conclude that there is a bona fide danger of an
accident, injury, or serious impairment of health, resulting from the
unsafe condition. In order to qualify for protection under this
subsection, the employee must have sought from his employer, and have
been unable to obtain, correction of the unsafe condition.
(c) Complaint for unlawful discharge, discipline, etc.; notification;
investigation into merits of complaint; preliminary order for relief;
objections to findings or order; hearing; final order; order of
abatement, reinstatement, and damages; costs and expenses
(1) Any employee who believes he has been discharged, disciplined, or
otherwise discriminated against by any person in violation of subsection
(a) or (b) of this section may, within one hundred and eighty days after
such alleged violation occurs, file (or have filed by any person on the
employee's behalf) a complaint with the Secretary of Labor alleging such
discharge, discipline, or discrimination. Upon receipt of such a
complaint, the Secretary of Labor shall notify the person named in the
complaint of the filing of the complaint.
(2)(A) Within sixty days of receipt of a complaint filed under
paragraph (1) of this subsection, the Secretary of Labor shall conduct
an investigation and determine whether there is reasonable cause to
believe that the complaint has merit and notify the complainant and the
person alleged to have committed a violation of this section of his
findings. Where the Secretary of Labor has concluded that there is
reasonable cause to believe that a violation has occurred, he shall
accompany his findings with a preliminary order providing the relief
prescribed by subparagraph (B) of this paragraph. Thereafter, either
the person alleged to have committed the violation or the complainant
may, within thirty days, file objections to the findings or preliminary
order, or both, and request a hearing on the record, except that the
filing of such objections shall not operate to stay any reinstatement
remedy contained in the preliminary order. Such hearings shall be
expeditiously conducted. Where a hearing is not timely requested, the
preliminary order shall be deemed a final order which is not subject to
judicial review. Upon the conclusion of such hearing, the Secretary of
Labor shall issue a final order within one hundred and twenty days. In
the interim, such proceedings may be terminated at any time on the basis
of a settlement agreement entered into by the Secretary of Labor, the
complainant, and the person alleged to have committed the violation.
(B) If, in response to a complaint filed under paragraph (1) of this
subsection, the Secretary of Labor determines that a violation of
subsection (a) or (b) of this section has occurred, the Secretary of
Labor shall order (i) the person who committed such violation to take
affirmative action to abate the violation, (ii) such person to reinstate
the complainant to the complainant's former position together with the
compensation (including back pay), terms, conditions, and privileges of
the complainant's employment, and (iii) compensatory damages. If such
an order is issued, the Secretary of Labor, at the request of the
complainant may assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs and expenses
(including attorney's fees) reasonably incurred, as determined by the
Secretary of Labor, by the complainant for, or in connection with, the
bringing of the complaint upon which the order was issued.
(d) Judicial review of order; waiver
(1) Any person adversely affected or aggrieved by an order issued
after a hearing under subsection (c) of this section may obtain review
of the order in the United States Court of Appeals for the circuit in
which the violation, with respect to which the order was issued,
allegedly occurred, or the circuit in which such person resided on the
date of such violation. The petition for review must be filed within
sixty days from the issuance of the Secretary of Labor's order. Such
review shall be in accordance with the provisions of chapter 7 of title
5 and shall be heard and decided expeditiously.
(2) An order of the Secretary of Labor, with respect to which review
could have been obtained under this section, shall not be subject to
judicial review in any criminal or other civil proceeding.
(e) Civil action to enforce order; relief granted
Whenever a person has failed to comply with an order issued under
subsection (c)(2) of this section, the Secretary of Labor shall file a
civil action in the United States district court for the district in
which the violation was found to occur in order to enforce such order.
In actions brought under this subsection, the district courts shall have
jurisdiction to grant all appropriate relief, including injunctive
relief, reinstatement, and compensatory damages.
(Pub. L. 97-424, title IV, 405, Jan. 6, 1983, 96 Stat. 2157; Pub.
L. 98-620, title IV, 402(51), Nov. 8, 1984, 98 Stat. 3361.)
1984 -- Subsec. (e). Pub. L. 98-620 struck out provision that civil
actions brought under this subsection had to be heard and decided
expeditiously.
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under
section 1657 of Title 28, Judiciary and Judicial Procedure.
49 USC 2306. Commercial vehicle information system program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Information system
(1) Registration systems review
Not later than 1 year after December 18, 1991, the Secretary, in
cooperation with the States, shall conduct a review of State motor
vehicle registration systems pertaining to license tags for commercial
motor vehicles in order to determine whether or not such systems could
be utilized in carrying out this section.
(2) Establishment
The Secretary, in cooperation with the States, may establish, as part
of the motor carrier safety information network system of the Department
of Transportation and similar State systems, an information system which
will serve as a clearinghouse and depository of information pertaining
to State registration and licensing of commercial motor vehicles and the
safety fitness of the registrants of such vehicles.
(3) Operation
Operation of the information system established under paragraph (2)
shall be paid for by a system of user fees. The Secretary may authorize
the operation of the information system by contract, through an
agreement with a State or States, or by designating, after consultation
with the States, a third party which represents the interests of the
States.
(4) Data collection and reporting standards
The Secretary shall establish standards to ensure uniform data
collection and reporting by all States necessary to carry out this
section and to ensure the availability and reliability of the
information to the States and the Secretary from the information system
established under paragraph (2).
(5) Type of information
As part of the information system established under paragraph (2),
the Secretary shall include information on the safety fitness of the
registrant of the commercial motor vehicle and such other information as
the Secretary considers appropriate, including data on vehicle
inspections and out-of-service orders.
(b) Demonstration project
The Secretary shall make grants to States to carry out a project to
demonstrate methods of establishing an information system which will
link the motor carrier safety information network system of the
Department of Transportation and similar State systems with the motor
vehicle registration and licensing systems of the States. The purposes
of the project shall be --
(1) to allow a State when issuing license plates for a commercial
motor vehicle to determine through use of the information system the
safety fitness of the person seeking to register the vehicle; and
(2) to determine the types of sanctions which may be imposed on the
registrant, or the types of conditions or limitations which may be
imposed on the operations of the registrant, to ensure the safety
fitness of the registrant.
(c) Regulations
The Secretary shall issue such regulations as may be necessary to
carry out this section.
(d) Report
Not later than January 1, 1995, the Secretary shall prepare and
submit to Congress a report assessing the cost and benefits and
feasibility of the information system established under this section
and, if the Secretary determines that such system would be beneficial on
a nationwide basis, including recommendations on legislation for the
nationwide implementation of such system.
(e) Funding
Funds necessary to carry out this section may be made available by
the Secretary as provided in section 2304(g)(2) of this Appendix.
(f) ''Commercial motor vehicle'' defined
For purposes of this section, the term ''commercial motor vehicle''
means any self-propelled or towed vehicle used on highways in intrastate
or interstate commerce to transport passengers or property --
(1) if such vehicle has a gross vehicle weight rating of 10,001 or
more pounds;
(2) if such vehicle is designed to transport more than 15 passengers,
including the driver; or
(3) if such vehicle is used in the transportation of materials found
by the Secretary to be hazardous for the purposes of the Hazardous
Materials Transportation Act (49 U.S.C. App. 1801 et seq.) and are
transported in a quantity requiring placarding under regulations issued
by the Secretary under such Act.
(Pub. L. 97-424, title IV, 407, as added Pub. L. 102-240, title IV,
4003, Dec. 18, 1991, 105 Stat. 2144.)
The Hazardous Materials Transportation Act, referred to in subsec.
(f)(3), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as
amended, which is classified principally to chapter 27 ( 1801 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of this Appendix and
Tables.
49 USC 2307. Truck and bus accident data grant program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) General authority
The Secretary shall make grants to States which agree to adopt or
have adopted the recommendations of the National Governors' Association
with respect to police accident reports for truck and bus accidents.
(b) Grant purposes
Grants may only be made under this section for assisting States in
the implementation of the recommendations referred to in subsection (a)
of this section, including --
(1) assisting States in designing appropriate forms;
(2) drafting instruction manuals;
(3) training appropriate State and local officers, including training
on accident investigation techniques to determine the probable cause of
accidents;
(4) analyzing and evaluating safety data so as to develop, if
necessary, recommended changes to existing safety programs that more
effectively would address the causes of truck and bus accidents; and
(5) such other activities as the Secretary determines are appropriate
to carry out the objectives of this section.
(c) Coordination
The Secretary shall coordinate grants made under this section with
the highway safety programs being carried out under section 402 of title
23 and may require that the data from the reports described in
subsection (a) of this section be included in the reports made to the
Secretary under the uniform data collection and reporting program
carried out under such section.
(d) Funding
Funds necessary to carry out this section may be made available by
the Secretary as provided in section 2304(g)(3) of this Appendix.
(Pub. L. 97-424, title IV, 408, as added Pub. L. 102-240, title IV,
4004, Dec. 18, 1991, 105 Stat. 2146.)
49 USC SUBCHAPTER II -- LENGTH LIMITATION
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2311. Length limitations on federally assisted highways
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibition against certain length limitations on semitrailers
and trailers
Except as provided in subsection (i) of this section, no State shall
establish, maintain, or enforce any regulation of commerce which imposes
a vehicle length limitation of less than 45 feet on the length of any
bus, of less than forty-eight feet on the length of the semitrailer unit
operating in a truck tractor-semitrailer combination, and of less than
twenty-eight feet on the length of any semitrailer or trailer operating
in a truck tractor-semitrailer-trailer combination, on any segment of
the Dwight D. Eisenhower System of Interstate and Defense Highways
(other than a segment exempted under subsection (i) of this section) and
those classes of qualifying Federal-aid Primary System highways as
designated by the Secretary of Transportation (hereinafter in this
subchapter referred to as the ''Secretary''), pursuant to subsection (e)
of this section.
(b) Nonapplicability of limitations to truck tractors; prohibition
against overall length limitations on truck-tractor semitrailer or truck
tractor semitrailer, trailer combinations; prohibition against
regulation of commerce prohibiting use of certain trailers and
semitrailers
Length limitations established, maintained, or enforced by the States
under subsection (a) of this section shall apply solely to the
semitrailer or trailer or trailers and not to a truck tractor. No State
shall establish, maintain, or enforce any regulation of commerce which
imposes an overall length limitation on commercial motor vehicles
operating in truck-tractor semitrailer or truck tractor semitrailer,
trailer combinations. No State shall establish, maintain, or enforce
any regulation of commerce which has the effect of prohibiting the use
of trailers or semitrailers of such dimensions as those that were in
actual and lawful use in such State on December 1, 1982. No State shall
establish, maintain, or enforce any regulation of commerce which has the
effect of prohibiting the use of existing trailers or semitrailers, of
up to twenty-eight and one-half feet in length, in a truck
tractor-semitrailer-trailer combination if those trailers or
semitrailers were actually and lawfully operating on December 1, 1982,
within a sixty-five-foot overall length limit in any State.
(c) Prohibition by State of maxi-cube vehicles or combination of
truck tractor and two trailing units forbidden
No State shall prohibit maxi-cube vehicles or commercial motor
vehicle combinations consisting of a truck tractor and two trailing
units on any segment of the Dwight D. Eisenhower System of Interstate
and Defense Highways (other than a segment exempted under subsection (i)
of this section), and those classes of qualifying Federal-aid Primary
System highways as designated by the Secretary pursuant to subsection
(e) of this section.
(d) Establishment of rules and making of determinations by Secretary
The Secretary is authorized to establish rules to implement the
provisions of this section, and to make such determinations as are
necessary to accommodate specialized equipment (including, but not
limited to, automobile and boat transporters and maxi-cube vehicles)
subject to subsections (a) and (b) of this section.
(e) Designation of qualifying Federal-aid Primary System highways;
time; enactment of final rules
(1) The Secretary shall designate as qualifying Federal-aid Primary
System highways subject to the provisions of subsections (a) and (c) of
this section those highways of the Federal-aid primary system in
existence on June 1, 1991, that are capable of safely accommodating the
vehicle lengths set forth therein.
(2) The Secretary shall make an initial determination of which
classes of highways shall be designated pursuant to paragraph (1) within
90 days of January 6, 1983.
(3) The Secretary shall enact final rules pursuant to paragraph (1)
no later than two hundred and seventy days from January 6, 1983, and may
revise such rules from time to time thereafter.
(f) Definitions
(1) For the purposes of this section, ''truck tractor'' shall be
defined as the noncargo carrying power unit that operates in combination
with a semitrailer or trailer, except that a truck tractor and
semitrailer engaged in the transportation of automobiles may transport
motor vehicles on part of the power unit.
(2) For purposes of this section, ''maxi-cube vehicle'' means a truck
tractor combined with a semi-trailer and a separable cargo-carrying unit
which is designed to be loaded and unloaded through the semi-trailer,
except that the entire combination shall not exceed 65 feet in length
and the separable cargo-carrying unit shall not exceed 34 feet in
length.
(g) Effective date
The provisions of this section shall take effect ninety days after
January 6, 1983.
(h) Exclusion of safety and energy conservation devices
The length limitations described in this section shall be exclusive
of safety and energy conservation devices, such as rear view mirrors,
turn signal lamps, marker lamps, steps and handholds for entry and
egress, flexible fender extensions, mudflaps and splash and spray
suppressant devices, load-induced tire bulge, refrigeration units or air
compressors and other devices, which the Secretary may interpret as
necessary for safe and efficient operation of commercial motor vehicles,
except that no device excluded under this subsection from the
limitations of this section shall have by its design or use the
capability to carry cargo.
(i) Exemption from length requirements
(1) If the Governor of a State, after making the consultations
specified in paragraph (2) of this subsection, determines that any
specific segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating motor vehicles
having the lengths set forth in subsection (a) of this section or motor
vehicle combinations described in subsection (c) of this section, the
Governor may notify the Secretary of such determination and request that
the Secretary exempt such segment from one or both of such subsections.
(2) Before making such notification, the Governor shall consult with
units of local government within the State in which the specific segment
of such System is located, as well as the Governor of any State adjacent
to that State that might be directly affected by such exemption. As
part of such consultations, consideration shall be given to any
potential alternative route that --
(A) can safely accommodate motor vehicles having the lengths set
forth in subsection (a) of this section or motor vehicle combinations
described in subsection (c) of this section; and
(B) serves the area in which such segment is located.
(3) The Governor shall transmit with such notification specific
evidence of safety problems that supports such determination and the
results of consultation regarding any alternative route under paragraph
(2) of this subsection.
(4)(A) If the Secretary determines, upon request by a Governor under
paragraph (1) of this subsection or on the Secretary's own initiative,
that any segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating motor vehicles
having the lengths set forth in subsection (a) of this section or motor
vehicle combinations described in subsection (c) of this section, the
Secretary shall exempt such segment from one or both of such
subsections. Before making such determination, the Secretary shall
consider any possible alternative route that serves the area in which
such segment is located.
(B) The Secretary shall make such determination within a period of
120 days after the date of receipt of notification from a Governor under
paragraph (1) of this subsection or the date on which the Secretary
initiates action under this paragraph, as the case may be, with respect
to such segment. If the Secretary determines that such determination
will not be made within such time period, the Secretary shall
immediately notify the Congress and shall furnish the reasons for the
delay, information regarding the resources assigned, and the projected
completion date, for any such determination.
(C) The Secretary shall make such determination only after affording
interested parties notice and the opportunity for comment. Any exemption
granted by the Secretary under this paragraph before the date on which
final rules are issued under subsection (a) of this section shall be
included as part of such final rules. Any such exemption granted on or
after such date shall be published as a revision of such rules.
(j) Cargo carrying unit limitation
(1) In general
No State shall allow by statute, regulation, permit, or any other
means the operation on any segment of the National System of Interstate
and Defense Highways /1/ and those classes of qualifying Federal-aid
primary system highways as designated by the Secretary pursuant to
subsection (e) of this section, of any commercial motor vehicle
combination (except for those vehicles and loads which cannot be easily
dismantled or divided and which have been issued special permits in
accordance with applicable State laws) with 2 or more cargo carrying
units (not including the truck tractor) whose cargo carrying units
exceed --
(A) the maximum combination trailer, semitrailer, or other type of
length limitation authorized by statute or regulation of that State on
or before June 1, 1991; or
(B) the length of the cargo carrying units of those commercial motor
vehicle combinations, by specific configuration, in actual, lawful
operation on a regular or periodic basis (including continuing seasonal
operation) in that State on or before June 1, 1991.
(2) Wyoming, Ohio, and Alaska
(A) Wyoming
In addition to those vehicles allowed under paragraphs (1)(A) and
(1)(B), the State of Wyoming may allow the operation of additional
vehicle configurations not in actual operation on June 1, 1991, but
authorized by State law not later than November 3, 1992, if such vehicle
configurations comply with the single axle, tandem axle, and bridge
formula limits set forth in section 127(a) of title 23 and do not exceed
117,000 pounds gross vehicle weight.
(B) Ohio
In addition to vehicles which the State of Ohio may continue to allow
to be operated under paragraphs (1)(A) and (1)(B), such State may allow
commercial motor vehicle combinations with 3 cargo carrying units of 28
1/2 feet each (not including the truck tractor) not in actual operation
on June 1, 1991, to be operated within its boundaries on the 1-mile
segment of Ohio State Route 7 which begins at and is south of exit 16 of
the Ohio Turnpike.
(C) Alaska
In addition to vehicles which the State of Alaska may continue to
allow to be operated under paragraphs (1)(A) and (1)(B), such State may
allow operation of commercial motor vehicle combinations which were not
in actual operation on June 1, 1991, but which were in actual operation
prior to July 6, 1991.
(3) Measurement of length
For purposes of this subsection, the length of the cargo carrying
units of a commercial motor vehicle combination is the length measured
from the front of the first cargo carrying unit to the rear of the last
cargo carrying unit.
(4) Limitations
Commercial motor vehicle combinations whose operations in a State are
not prohibited under paragraphs (1) and (2) of this subsection may
continue to operate in such State on the highways described in paragraph
(1) only if in compliance with, at the minimum, all State statutes,
regulations, limitations, and conditions, including but not limited to
routing-specific and configuration-specific designations and all other
restrictions in force in such State on June 1, 1991; except that
subject to such regulations as may be issued by the Secretary, pursuant
to paragraph (8) of this subsection, the State may make minor
adjustments of a temporary and emergency nature to route designations
and vehicle operating restrictions in effect on June 1, 1991, for
specific safety purposes and road construction. Nothing in this
subsection shall prevent any State from further restricting in any
manner or prohibiting the operation of any commercial motor vehicle
combination subject to this subsection, except that such restrictions or
prohibitions shall be consistent with the requirements of this section
and of section 2312 of this Appendix and section 2316(a) and (b) of this
Appendix. Any State further restricting or prohibiting the operations
of commercial motor vehicle combinations or making such minor
adjustments of a temporary and emergency nature as may be allowed
pursuant to regulations issued by the Secretary pursuant to paragraph
(8) of this subsection shall advise the Secretary within 30 days after
such action and the Secretary shall publish a notice of such action in
the Federal Register.
(5) List of State length limitations
(A) Submission to Secretary
Within 60 days after December 18, 1991, each State shall submit to
the Secretary for publication a complete list of State length
limitations applicable to commercial motor vehicle combinations
operating in each State on the highways described in paragraph (1). The
list shall indicate the applicable State statutes and regulations
associated with such length limitations. If a State does not submit
information as required, the Secretary shall complete and file such
information for such State.
(B) Interim list
Not later than 90 days after December 18, 1991, the Secretary shall
publish an interim list in the Federal Register, consisting of all
information submitted pursuant to subparagraph (A). The Secretary shall
review for accuracy all information submitted by the States pursuant to
subparagraph (A) and shall solicit and consider public comment on the
accuracy of all such information.
(C) Limitation
No statute or regulation shall be included on the list submitted by a
State or published by the Secretary merely on the grounds that it
authorized, or could have authorized, by permit or otherwise, the
operation of commercial motor vehicle combinations not in actual
operation on a regular or periodic basis on or before June 1, 1991.
(D) Final list
Except as modified pursuant to subparagraph (B) or (E) of this
subsection, the list shall be published as final in the Federal Register
not later than 180 days after December 18, 1991. In publishing the
final list, the Secretary shall make any revisions necessary to correct
inaccuracies identified under subparagraph (B). After publication of
the final list, commercial motor vehicle combinations prohibited under
paragraph (1) may not operate on the National System of Interstate and
Defense Highways /2/ and other Federal-aid primary system highways as
designated by the Secretary except as published on the list. The list
may be combined by the Secretary with the list required under section
127(d) of title 23.
(E) Review and correction procedure
The Secretary, on his or her own motion or upon a request by any
person (including a State), shall review the list issued by the
Secretary pursuant to subparagraph (D). If the Secretary determines
there is cause to believe that a mistake was made in the accuracy of the
final list, the Secretary shall commence a proceeding to determine
whether the list published pursuant to subparagraph (D) should be
corrected. If the Secretary determines that there is a mistake in the
accuracy of the list, the Secretary shall correct the publication under
subparagraph (D) to reflect the determination of the Secretary.
(6) Limitations on statutory construction
Nothing in this subsection shall be construed to --
(A) allow the operation on any segment of the National System of
Interstate and Defense Highways /2/ of any longer combination vehicle
prohibited under section 127(d) of title 23;
(B) affect in any way the operation of commercial motor vehicles
having only 1 cargo carrying unit; or
(C) affect in any way the operation in a State of commercial motor
vehicles with 2 or more cargo carrying units if such vehicles were in
actual operation on a regular or periodic basis (including seasonal
operation) in that State on or before June 1, 1991, authorized under
State statute, regulation, or lawful State permit.
(7) ''Cargo carrying unit'' defined
As used in this subsection, ''cargo carrying unit'' means any portion
of a commercial motor vehicle combination (other than the truck tractor)
used for the carrying of cargo, including a trailer, semitrailer, or the
cargo carrying section of a single unit truck.
(8) Regulations regarding minor adjustments
Not later than 180 days after December 18, 1991, the Secretary shall
issue regulations establishing criteria for the States to follow in
making minor adjustments under paragraph (4).
(9) Regulations for defining noneasily dismantled or divided loads
For the purposes of this subsection only, the Secretary shall define
by regulation loads which cannot be easily dismantled or divided.
(Pub. L. 97-424, title IV, 411, Jan. 6, 1983, 96 Stat. 2159; Pub.
L. 98-554, title I, 102, 104(a), (b), Oct. 30, 1984, 98 Stat. 2829,
2831; Pub. L. 99-500, 101(l), Oct. 18, 1986, 100 Stat. 1783-308, and
Pub. L. 99-591, 101(l), Oct. 30, 1986, 100 Stat. 3341-308; Pub. L.
100-17, title I, 133(a)(7), Apr. 2, 1987, 101 Stat. 171; Pub. L.
100-202, 106, Dec. 22, 1987, 101 Stat. 1329-433; Pub. L. 101-427, Oct.
15, 1990, 104 Stat. 927; Pub. L. 101-516, title III, 327(a), Nov. 5,
1990, 104 Stat. 2182; Pub. L. 102-240, title IV, 4006(a), (b)(1), (c),
Dec. 18, 1991, 105 Stat. 2148, 2151.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Amendment of subsecs. (c) and (f) by Pub. L. 99-500 and 99-591 is
based on section 324 of title III of H.R. 5205 (Department of
Transportation and Related Agencies Appropriations Act, 1987), as
incorporated by reference by section 101(g) of Pub. L. 99-500 and
99-591, and enacted into law by section 106 of Pub. L. 100-202.
1991 -- Subsec. (a). Pub. L. 102-240, 4006(b)(1), inserted ''of less
than 45 feet on the length of any bus,'' after ''vehicle length
limitation''.
Subsec. (e)(1). Pub. L. 102-240, 4006(c), substituted ''those
highways of the Federal-aid primary system in existence on June 1,
1991,'' for ''those Primary System highways''.
Subsec. (j). Pub. L. 102-240, 4006(a), added subsec. (j).
1990 -- Subsecs. (a), (c). Pub. L. 101-427 substituted ''Dwight D.
Eisenhower System of Interstate and Defense Highways'' for ''National
System of Interstate and Defense Highways''.
Subsec. (d). Pub. L. 101-516 inserted ''and maxi-cube vehicles''
after ''boat transporters''.
Subsec. (i)(1), (4)(A). Pub. L. 101-427 substituted ''Dwight D.
Eisenhower System of Interstate and Defense Highways'' for ''National
System of Interstate and Defense Highways''.
1987 -- For amendment by Pub. L. 100-202, see 1986 Amendment note
below.
Subsec. (d). Pub. L. 100-17 inserted ''and boat'' after
''automobile''.
1986 -- Subsecs. (c), (f). Pub. L. 99-500 and Pub. L. 99-591,
101(l), as enacted by Pub. L. 100-202, inserted ''maxi-cube vehicles
or'' after ''prohibit'' in subsec. (c), and designated existing
provisions of subsec. (f) as par. (1) and added par. (2). See
Codification note above.
1984 -- Subsec. (a). Pub. L. 98-554, 104(a), substituted ''Except as
provided in subsection (i) of this section, no'' for ''No'', inserted
''(other than a segment exempted under subsection (i) of this section)''
after ''Highways'', and substituted ''Secretary of Transportation
(hereinafter in this subchapter referred to as the 'Secretary'),'' for
''Secretary,''.
Subsec. (c). Pub. L. 98-554, 104(b), inserted ''(other than a segment
exempted under subsection (i) of this section)'' after ''Highways''.
Subsec. (i). Pub. L. 98-554, 102, added subsec. (i).
Section 106 of Pub. L. 100-202 provided that the amendment made by
Pub. L. 99-500 and 99-591 is effective on date of enactment (Oct. 18,
1986) of the ''pertinent joint resolution'' making continuing
appropriations for fiscal year 1987 (Pub. L. 99-500 and 99-591).
/1/ So in original. Probably should be ''Dwight D. Eisenhower
System of Interstate and Defense Highways''.
/2/ So in original. Probably should be ''Dwight D. Eisenhower
System of Interstate and Defense Highways''.
49 USC 2312. Access to the Interstate System
TITLE 49, APPENDIX -- TRANSPORTATION
(a) No State may enact or enforce any law denying reasonable access
to commercial motor vehicles subject to this chapter between (1) the
Interstate and Defense Highway System (other than any segment thereof
which is exempted under section 2311(i) or 2316(e) of this Appendix) and
any other qualifying Federal-aid Primary System highways, as designated
by the Secretary, and (2) terminals, facilities for food, fuel, repairs,
and rest, and points of loading and unloading for household goods
carriers, motor carrier of passengers, and for any truck
tractor-semitrailer combination in which the semitrailer has a length
not to exceed 28 1/2 feet and which generally operates as part of a
vehicle combination described in section 2311(c) of this Appendix.
(b) Nothing in this section shall be construed as preventing any
State or local government from imposing any reasonable restriction,
based on safety considerations, on any truck tractor-semitrailer
combination in which the semitrailer has a length not to exceed 28 1/2
feet and which generally operates as part of a vehicle combination
described in section 2311(c) of this Appendix.
(Pub. L. 97-424, title IV, 412, Jan. 6, 1983, 96 Stat. 2160; Pub.
L. 98-554, title I, 104(c), 106, Oct. 30, 1984, 98 Stat. 2831, 2832;
Pub. L. 102-240, title IV, 4006(b)(2), Dec. 18, 1991, 105 Stat. 2151.)
This chapter, referred to in subsec. (a), was in the original ''this
title'', meaning title IV of Pub. L. 97-424. Title IV of Pub. L.
97-424, in addition to enacting this chapter, amended sections 2204,
2205, and 2206 of this Appendix, section 713c-3 of Title 15, Commerce
and Trade, section 1606a of Title 16, Conservation, section 9502 of
Title 26, Internal Revenue Code, section 1414 of Title 33, Navigation
and Navigable Waters, sections 1273, 1474, 1475, and 1479 of former
Title 46, Shipping, and sections 10927 note, 11909, and 11914 of Title
49, Transportation.
1991 -- Subsec. (a). Pub. L. 102-240 inserted '', motor carrier of
passengers,'' after ''household goods carriers''.
1984 -- Subsec. (a). Pub. L. 98-554, 106(1), designated existing
provisions as subsec. (a).
Pub. L. 98-554, 104(c), inserted ''(other than any segment thereof
which is exempted under section 2311(i) or 2316(e) of this Appendix)''
after ''Highway System''.
Pub. L. 98-554, 106(2), inserted ''and for any truck
tractor-semitrailer combination in which the semitrailer has a length
not to exceed 28 1/2 feet and which generally operates as part of a
vehicle combination described in section 2311(c) of this Appendix''
before the period at the end.
Subsec. (b). Pub. L. 98-554, 106(2), added subsec. (b).
49 USC 2313. Enforcement
TITLE 49, APPENDIX -- TRANSPORTATION
On the request of the Secretary, the Attorney General of the United
States, is authorized and directed to institute any civil action for
injunctive relief as may be appropriate to assure compliance with the
provisions of this chapter. Such action may be instituted in any
district court of the United States in any State where such relief is
required to assure compliance with the terms of this chapter. In any
action under this section, the court shall, upon a proper showing, issue
a temporary restraining order or preliminary or permanent injunction.
In any such action, the court may also issue a mandatory injunction
commanding any State or person to comply with any applicable provision
of this chapter, or any rule issued under authority of this chapter.
(Pub. L. 97-424, title IV, 413, Jan. 6, 1983, 96 Stat. 2160; Pub.
L. 98-554, title II, 214, Oct. 30, 1984, 98 Stat. 2844.)
This chapter, referred to in text, was in the original ''this
title'', meaning title IV of Pub. L. 97-424. Title IV of Pub. L.
97-424, in addition to enacting this chapter, amended sections 2204,
2205, and 2206 of this Appendix, section 713c-3 of Title 15, Commerce
and Trade, section 1606a of Title 16, Conservation, section 9502 of
Title 26, Internal Revenue Code, section 1414 of Title 33, Navigation
and Navigable Waters, sections 1273, 1474, 1475, and 1479 of former
Title 46, Shipping, and sections 10927 note, 11909, and 11914 of Title
49, Transportation.
1984 -- Pub. L. 98-554 substituted ''On'' for ''The Secretary, or,
on'' before ''the request of the Secretary''.
49 USC 2314. Splash and spray suppressant devices
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Congressional declaration of purpose
The Congress declares that visibility on wet roadways on the
Interstate System should be improved by reducing, by a practicable and
reliable means, splash and spray from truck tractors, semitrailers, and
trailers.
(b) Establishment of minimum standards with respect to performance
and installation of devices; requirement that commercial motor vehicles
be equipped with devices
The Secretary shall by regulation --
(1) within 1 year after April 2, 1987, establish final minimum
standards with respect to the performance and installation of splash and
spray suppression devices for use on truck tractors, semitrailers, and
trailers unless the Secretary has determined that there is no available
technology which --
(A) can significantly reduce splash and spray from truck tractors,
semitrailers, and trailers, and
(B) can significantly improve visibility of drivers,
as demonstrated during testing on highways, at test facilities, and
in laboratories to take into account possible wind and rain conditions;
(2) within one year after the date on which the standards are
established under paragraph (1) of this subsection, require that all new
truck tractors, semitrailers, and trailers operated on the Interstate
System be equipped with any splash and spray suppression device which
satisfies the standards established pursuant to paragraph (1) of this
subsection; and
(3) within four years after the date on which the standards are
established under paragraph (1) of this subsection, require that all
truck trailers, semitrailers, and trailers operated on the Interstate
System be equipped with any splash and spray suppression device which
satisfies the standards established pursuant to paragraph (1) of this
subsection.
(c) Definitions
For the purposes of this section, the term --
(1) ''truck tractor'' means the noncargo carrying power unit that
operates in combination with a semitrailer or trailer(s);
(2) ''semitrailer'' and ''trailer'' mean any semitrailer or trailer,
respectively, with respect to which section 422 of this title applies;
and
(3) ''Interstate System'' has the same meaning provided in section
101 of title 23.
(Pub. L. 97-424, title IV, 414, Jan. 6, 1983, 96 Stat. 2161; Pub.
L. 98-554, title II, 223, Oct. 30, 1984, 98 Stat. 2847; Pub. L.
100-17, title II, 205, Apr. 2, 1987, 101 Stat. 220.)
Section 422 of this title, referred to in subsec. (c)(2), which made
an amendment (relating to reforestation) of section 1606a of Title 16,
Conservation, probably should be a reference to section 411 of this
title, meaning section 411 of title IV of Pub. L. 97-424, which is
classified to section 2311 of this Appendix. Section 422 of title IV of
H.R. 6211, as passed by the Senate, was renumbered as section 411 by the
Conference Committee substitute amendment without a corresponding
renumbering of the reference to section 422 in subsec. (c)(2).
1987 -- Subsec. (b)(1). Pub. L. 100-17 added par. (1) and struck
out former par. (1) which read as follows: ''within one year after
January 6, 1983, establish minimum standards with respect to the
performance and installation of splash and spray suppression devices for
use on truck tractors, semitrailers, or trailers;''.
1984 -- Subsec. (b)(2). Pub. L. 98-554, 223(1), substituted ''one
year after the date on which the standards are established under
paragraph (1) of this subsection,'' for ''within two years after the
date of the enactment of this title (January 6, 1983),''.
Subsec. (b)(3). Pub. L. 98-554, 223(2), substituted ''four years
after the date on which the standards are established under paragraph
(1) of this subsection,'' for ''within five years after the date of the
enactment of this title (Jan. 6, 1983),''.
49 USC 2315. Report regarding longer combination commercial motor
vehicles
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Potential benefits and costs anticipated from establishment of
National intercity truck route network for operation of longer
combination commercial motor vehicles
Within 18 months after January 6, 1983, the Secretary, after
consultation with the transportation officials and Governors of the
several States and after an opportunity for public comment, shall submit
to Congress a detailed report on the potential benefits and costs /1/ if
any, to shippers, receivers, operators of commercial motor vehicles, and
the general public, that reasonably may be anticipated from the
establishment of a National intercity truck route network for the
operation of a special class of longer combination commercial motor
vehicles.
(b) Definitions
For the purposes of this section, the term --
(1) ''longer combination commercial motor vehicles'' means
multiple-trailer combinations consisting of (A) truck
tractor-semitrailer-full trailer, and (B) truck tractor-semitrailer-full
trailer-full trailer combinations with an overall length not in excess
of one hundred and ten feet; and
(2) ''national intercity truck route network'' means a network
consisting of a number of controlled-access, interconnecting segments of
the Dwight D. Eisenhower System of Interstate and Defense Highways and
other highways of comparable design and traffic capacity including, but
not limited to, all such highways where the operation of longer
combination commercial motor vehicles is authorized on January 6, 1983.
(c) Contents of report
The detailed report mandated by this section shall include, but need
not be limited to, the following --
(1) a specific plan for the establishment of a national intercity
truck route network, including the designation of those specific highway
segments which would be required to connect the major distribution
centers and markets for long-haul intercity freight service, except that
the Secretary shall not include in the plan any highway segment which,
because of design limitations or other factors, cannot accommodate the
safe operation of longer combination commercial motor vehicles;
(2) an analysis of the intercity motor freight volume that reasonably
can be anticipated to be transported by longer combination commercial
motor vehicles over the national intercity truck route network if such
network is established by Congress;
(3) an analysis of the fuel savings that reasonably can be
anticipated in the transportation of freight by commercial motor vehicle
if such network is established by Congress;
(4) an analysis of the productivity gains that reasonably can be
anticipated to be achieved in the transportation of freight by
commercial motor vehicle if such network is established by Congress;
(5) an analysis of the fuel conservation and productivity gains
historically achieved by operators of longer combination commercial
motor vehicles; and
(6) an analysis of the safety record of longer combination commercial
motor vehicle operations that have been conducted prior to January 6,
1983.
(d) Longer combination commercial motor vehicles subject to single-
and tandem-axle weight limits; limitations on gross weight
In making the findings and determinations required by subsection (c)
of this section, and in making the detailed report to Congress required
by this section, the Secretary shall assume that the longer combination
commercial motor vehicles operating on the national intercity truck
route network, if and when established by Congress, would be subject to
the single- and tandem-axle weight limits imposed by section 127 of
title 23. The Secretary shall further assume that the overall gross
weight of such vehicles on a group of two or more consecutive axles
shall be limited by the formula set forth in such section, and only by
such formula.
(e) Access to terminals, combination breakup areas, and food and fuel
facilities
In making the detailed report to Congress required by this section,
the Secretary shall assume that longer combination commercial motor
vehicles operating on the national intercity truck route network will
have reasonable access to terminals, combination breakup areas, and food
and fuel facilities consistent with safe operations of such vehicles.
(Pub. L. 97-424, title IV, 415, Jan. 6, 1983, 96 Stat. 2161; Pub.
L. 101-427, Oct. 15, 1990, 104 Stat. 927.)
1990 -- Subsec. (b)(2). Pub. L. 101-427 substituted ''Dwight D.
Eisenhower System of Interstate and Defense Highways'' for ''National
System of Interstate and Defense Highways''.
Provisions similar to this section were contained in section 138 of
Pub. L. 97-424, as amended by Pub. L. 101-427, Oct. 15, 1990, 104
Stat. 927, reading as follows:
''(a) Within one year after the date of enactment of this Act (Jan.
6, 1983), the Secretary of Transportation, after consultation with the
transportation officials and Governors of the several States and after
an opportunity for public comment, shall submit to Congress a detailed
report on the potential benefits and costs, if any, to shippers,
receivers, operators of commercial motor vehicles, and the general
public, that reasonably may be anticipated from the establishment of a
national intercity truck route network for the operation of a special
class of longer combination commercial motor vehicles.
''(b) For the purposes of this section --
''(1) the term 'longer combination commercial motor vehicles' means
multiple-trailer combinations consisting of (A) truck
tractor-semitrailer-full trailer, and (B) truck tractor-semitrailer-full
trailer-full trailer combinations with an overall length not in excess
of one hundred and ten feet; and
''(2) the term 'national intercity truck route network' means a
network consisting of a number of controlled-access, interconnecting
segments of the Dwight D. Eisenhower System of Interstate and Defense
Highways and other highways of comparable design and traffic capacity
including, but not limited to, all such highways where the operation of
longer combination commercial motor vehicles is authorized on the date
of enactment of this Act (Jan. 6, 1983).
''(c) The detailed report mandated by this section shall include, but
need not be limited to, the following:
''(1) a specific plan for the establishment of a national intercity
truck route network, including the designation of those specific highway
segments which would be required to connect the major distribution
centers and markets for long-haul intercity freight service; except
that the Secretary of Transportation shall not include in the plan any
highway segment which, because of design limitations or other factors,
cannot accommodate the safe operation of longer combination commercial
motor vehicles;
''(2) an analysis of the intercity motor freight volume that
reasonably can be anticipated to be transported by longer combination
commercial motor vehicles over the national intercity truck route
network if such network is established by Congress;
''(3) an analysis of the fuel savings that reasonably can be
anticipated in the transportation of freight by commercial motor vehicle
if such network is established by Congress;
''(4) an analysis of the productivity gains that reasonably can be
anticipated to be achieved in the transportation of freight by
commercial motor vehicle if such network is established by Congress;
''(5) an analysis of the fuel conservation and productivity gains
historically achieved by operators of longer combination commercial
motor vehicles;
''(6) an analysis of the safety record of longer combination
commercial motor vehicle operations that have been conducted prior to
the date of enactment of this Act (Jan. 6, 1983); and
''(7) an analysis of the effect of the size and weight limitations as
in effect after the date of enactment of this Act (Jan. 6, 1983).
''(d) In making the findings and determinations required by
subsection (c) of this section, and in making the detailed report to
Congress required by this section, the Secretary of Transportation shall
assume that the longer combination commercial motor vehicles operating
on the national intercity truck route network, if and when established
by Congress, would be subject to the single- and tandem-axle weight
limits imposed by section 127 of title 23, United States Code. The
Secretary of Transportation shall further assume that the overall gross
weight of such vehicles on a group of two or more consecutive axles
shall be limited by the formula set forth in such section, and only by
such formula.
''(e) In making the detailed report to Congress required by this
section, the Secretary of Transportation shall assume that longer
combination commercial motor vehicles operating on the national
intercity truck route network will have reasonable access to terminals,
combination breakup areas, and food and fuel facilities consistent with
safe operations of such vehicles.
''(f) Nothing in this section shall be construed to establish Federal
policy with regard to highway vehicle weight and size standards, nor
shall anything in this section be construed to preempt or to affect any
State law establishing highway vehicle weight or size standards. The
provisions of this section require an investigation and study on the
feasibility and propriety of making changes in vehicle weight and size
standards which the Congress may choose to consider in the future.''
Section 144 of Pub. L. 97-424 directed Secretary of Transportation
to undertake to enter into appropriate arrangements with National
Academy of Sciences to monitor effects on National System of Interstate
and Defense Highways (now Dwight D. Eisenhower System of Interstate and
Defense Highways) of use of trucks with two trailing units, in light of
amendments made by this Act providing that no State shall prohibit use
of such vehicle, such monitoring to include, but need not be limited to,
determining effects of use of such vehicle combinations on highways and
highway safety in urban and rural areas and in different regions of the
country, taking into account differences in age and design features of
highways on the Interstate System, with Secretary of Transportation to
request National Academy of Sciences to submit a report to Secretary and
Congress of such monitoring, not later than two years after appropriate
arrangements are entered into.
/1/ So in original. Probably should be followed by a comma.
49 USC 2316. Commercial motor vehicle width limitation
TITLE 49, APPENDIX -- TRANSPORTATION
(a) State limitation of more or less than 102 inches on vehicle width
prohibited
Except as provided in subsection (e) of this section, no State, other
than the State of Hawaii, shall establish, maintain, or enforce any
regulation of commerce which imposes a vehicle width limitation of more
or less than 102 inches on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (other than a segment exempted
under subsection (e) of this section), or any other qualifying
Federal-aid highway as designated by the Secretary of Transportation,
with traffic lanes designed to be a width of twelve feet or more, or any
other qualifying Federal-aid Primary System highway designated by the
Secretary if the Secretary determines that such designation is
consistent with highway safety; except that a State may continue to
enforce any regulation of commerce in effect on April 6, 1983, with
respect to motor vehicles that exceed 102 inches in width until the date
on which such State adopts a regulation of commerce which complies with
the provisions of this subsection. After October 30, 1984, any
Federal-aid highway (other than any Interstate highway) which was not
designated under this subsection on June 5, 1984, may be designated
under this subsection only with the agreement of the Governor of the
State in which the highway is located.
(b) Safety devices not included in calculation of width
Notwithstanding the provisions of this section or any other provision
of law, certain safety devices which the Secretary of Transportation
determines are necessary for safe and efficient operation of motor
vehicles shall not be included in the calculation of width.
(c) Special use permits
Notwithstanding the provisions of this section or any other provision
of law, a State may grant special use permits to motor vehicles that
exceed 102 inches in width.
(d) State authority to enforce commercial vehicle width limitation of
102 inches
Notwithstanding any other provision of law and in accordance with the
provisions of this section, a State shall have authority to enforce a
commercial vehicle width limitation of 102 inches on any segment of the
Dwight D. Eisenhower System of Interstate and Defense Highways (other
than a segment exempted under subsection (e) of this section), or any
other qualifying Federal-aid highway as designated by the Secretary of
Transportation.
(e) Exemption from width requirements
(1) If the Governor of a State, after making the consultations
specified in paragraph (2) of this subsection, determines that any
specific segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating motor vehicles
having the width set forth in subsection (a) of this section, the
Governor may notify the Secretary of such determination and request that
the Secretary exempt such segment from such subsection for the purpose
of allowing the State to impose a width limitation of less than 102
inches for vehicles (other than buses) on such segment.
(2) Before making such notification, the Governor shall consult with
units of local government within the State in which the specific segment
of such System is located, as well as the Governor of any State adjacent
to that State that might be directly affected by such exemption. As
part of such consultations, consideration shall be given to any
potential alternative route that --
(A) can safely accommodate motor vehicles having the width set forth
in subsection (a) of this section;
(B) serves the area in which such segment is located.
(3) The Governor shall transmit with such notification specific
evidence of safety problems that supports such determination and the
results of consultation regarding any alternative route under paragraph
(2) of this subsection.
(4)(A) If the Secretary determines, upon request by a Governor under
paragraph (1) of this subsection or on the Secretary's own initiative,
that any segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating motor vehicles
having the width set forth in subsection (a) of this section, the
Secretary shall exempt such segment from such subsection for the purpose
of allowing the State to impose a width limitation of less than 102
inches for vehicles (other than buses) on such segment. Before making
such determination, the Secretary shall consider any possible
alternative route that serves the area in which such segment is located.
(B) The Secretary shall make such determination within a period of
120 days after the date of receipt of notification from a Governor under
paragraph (1) of this subsection or the date on which the Secretary
initiates action under this paragraph, as the case may be, with respect
to such segment. If the Secretary determines that such determination
will not be made within such time period, the Secretary shall
immediately notify the Congress and shall furnish the reasons for the
delay, information regarding the resources assigned, and the projected
completion date, for any such determination.
(C) The Secretary shall make such determination only after affording
interested parties notice and the opportunity for comment. Any exemption
granted by the Secretary under this paragraph before the date on which
final rules are issued under subsection (a) of this section shall be
included as part of such final rules. Any such exemption granted on or
after such date shall be published as a revision of such rules.
(f) Effective date
The provisions of this section shall take effect on April 6, 1983.
(Pub. L. 97-424, title IV, 416, as added Pub. L. 98-17, 1(a), Apr.
5, 1983, 97 Stat. 59, and amended Pub. L. 98-554, title I, 103, 104( d),
(e), 105, Oct. 30, 1984, 98 Stat. 2830, 2831; Pub. L. 101-427, Oct. 15,
1990, 104 Stat. 927.)
1990 -- Subsecs. (a), (d), (e)(1), (4)(A). Pub. L. 101-427
substituted ''Dwight D. Eisenhower System of Interstate and Defense
Highways'' for ''National System of Interstate and Defense Highways''.
1984 -- Subsec. (a). Pub. L. 98-554, 104(d), substituted ''Except as
provided in subsection (e) of this section, no'' for ''No'', and
inserted ''(other than a segment exempted under subsection (e) of this
section)'' after ''Highways''.
Pub. L. 98-554, 105, inserted '', or any other qualifying Federal-aid
Primary System highway designated by the Secretary if the Secretary
determines that such designation is consistent with highway safety''
after ''more'' the second place it appears, and inserted provision at
end that after October 30, 1984, any Federal-aid highway (other than any
Interstate highway) which was not designated under this subsection on
June 5, 1984, may be designated under this subsection only with the
agreement of the Governor of the State in which the highway is located.
Subsec. (d). Pub. L. 98-554, 104(e), inserted ''(other than a segment
exempted under subsection (e) of this section)'' after ''Highways'' and
struck out '', with traffic lanes designed to be a width of twelve feet
or more'' at the end.
Subsecs. (e), (f). Pub. L. 98-554, 103, added subsec. (e) and
redesignated former subsec. (e) as (f).
49 USC CHAPTER 33 -- PUBLIC AIRPORTS
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2401. Definitions.
2402. Operation and maintenance; rules and regulations.
2403. Lease of space or property.
2404. Authority to make arrests; carrying of firearms; patrol by
Park Police.
2405. Penalty for violations.
2406. Deposit of collateral by person charged with violation.
2407. Agreements for municipal services; charges; appropriations
authorized.
2421. Construction and operation of airport.
2422. Acquisition of lands; selection of site.
2423. Acquisition and construction of facilities.
2424. Operation and maintenance; rules and regulations.
2425. Lease of space or property.
2426. Contracts for supplies and services.
2427. Transfer of property by Federal or District agencies.
2428. Authority to make arrests; carrying of firearms; patrol by
Park Police; deposit of collateral by person charged with violation.
2429. Agreements for municipal services; charges.
2430. Penalty for violations.
2431. Definitions.
2432. Appropriations authorized.
2433. Disposition of money recovered from pool and fountain.
2451. Findings.
2452. Purpose.
(a) In general.
(b) Inclusion of BWI not precluded.
2453. Definitions
2454. Lease of Metropolitan Washington Airports.
(a) Authority to enter into lease.
(b) Payments.
(c) Minimum terms and conditions.
(d) Submission to Congress.
(e) Enforcement of lease provisions.
2455. Capital improvements, construction, and rehabilitation.
(a) Improvements.
(b) Secretary's assistance.
2456. Airports Authority.
(a) Powers conferred by Virginia and District of Columbia.
(b) Purpose.
(c) General authorities.
(d) Conflict-of-interest provisions.
(e) Board of directors.
(f) Board of Review.
(g) Certain actions to be taken by regulation.
(h) Limitation on authority.
(i) Review of contracting procedures.
2457. Federal employees at Metropolitan Washington Airports.
(a) Employee protection.
(b) Labor agreements.
(c) Rights of terminated employees.
(d) Annual and sick leave.
(e) Civil service retirement.
(f) Separated employees.
(g) Access to records.
2458. Relationship to and effect of other laws.
(a) Other laws.
(b) Inapplicability of certain laws.
(c) Police power.
(d) Planning.
(e) Operation limitations.
2459. Authority to negotiate extension of lease.
2460. Separability.
2461. Nonstop flights.
49 USC SUBCHAPTER I -- WASHINGTON NATIONAL AIRPORT
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2401. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For the purposes of this subchapter --
(a) ''Secretary'' means the Secretary of Transportation.
(b) ''Airport'' means the Washington National Airport, which shall
consist of, and include, the tract of land, together with all
structures, improvements, and other facilities located thereon, lying
partly in the District of Columbia and partly in the State of Virginia,
particularly described as follows: (description omitted) excepting,
however, such portion thereof as the President may, by Executive order
or orders, prescribe, which portion shall be added to, and administered
as part of, the Mount Vernon Memorial Highway, authorized by the Act
approved May 23, 1928 (45 Stat. 721), as amended.
(June 29, 1940, ch. 444, 1, 54 Stat. 686; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(f), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Act approved May 23, 1928, referred to in subsec. (b), is not
classified to the Code.
Section is also set out as section 7-1101 of the District of Columbia
Code.
1958 -- Subsec. (a). Pub. L. 85-726 substituted ''Administrator of
the Federal Aviation Agency'' for ''Administrator of the Civil
Aeronautics Authority''.
''Secretary'' and ''Secretary of Transportation'' substituted in
subsec. (a) for ''Administrator'' and ''Administrator of the Federal
Aviation Agency'', respectively, pursuant to section 6(c)(1) of Pub. L.
89-670, which is classified to section 1655(c)(1) of the Appendix and
which transferred to and vested in Secretary of Transportation
functions, powers, and duties of Federal Aviation Agency and of
Administrator and other officers and offices thereof.
49 USC 2402. Operation and maintenance; rules and regulations
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary shall have control over, and responsibility for, the
care, operation, maintenance, and protection of the airport, together
with the power to make and amend such rules and regulations as he may
deem necessary to the proper exercise thereof.
(June 29, 1940, ch. 444, 2, 54 Stat. 688; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1102 of the District of Columbia
Code.
''Secretary'' meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2403. Lease of space or property
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary is empowered to lease, upon such terms as he may deem
proper, space or property within or upon the airport for purposes
essential or appropriate to the operation of the airport.
(June 29, 1940, ch. 444, 3, 54 Stat. 688; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1103 of the District of Columbia
Code.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2404. Authority to make arrests; carrying of firearms; patrol
by Park Police
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary, and any Department of Transportation employee
appointed to protect life and property on the airport, when designated
by the Secretary, is hereby authorized and empowered (1) to arrest under
a warrant within the limits of the airport any person accused of having
committed within the boundaries of the airport any offense against the
laws of the United States, or against any rule or regulation prescribed
pursuant to this subchapter; (2) to arrest without warrant any person
committing any such offense within the limits of the airport, in his
presence; or (3) to arrest without warrant within the limits of the
airport any person whom he has reasonable grounds to believe has
committed a felony within the limits of the airport.
(b) Any individual having the power of arrest as provided in
subsection (a) of this section may carry firearms or other weapons as
the Secretary may direct or by regulation may prescribe.
(c) The United States Park Police may, at the request of the
Secretary, be assigned by the Director of the National Park Service, in
his discretion, subject to the supervision and direction of the
Secretary of the Interior, to patrol any area of the airport, and any
members of the United States Park Police so assigned are hereby
authorized and empowered to make arrests within the limits of the
airport for the same offenses, and in the same manner and circumstances,
as is provided in this section with respect to employees designated by
the Secretary.
(June 29, 1940, ch. 444, 4, as added May 15, 1947, ch. 62, 61 Stat.
94, and amended Aug. 23, 1958, Pub. L. 85-726, title XIV, 1402(f), 72
Stat. 807; Oct. 15, 1966, Pub. L. 89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1104 of the District of Columbia
Code.
1958 -- Subsec. (a). Pub. L. 85-726 substituted ''Federal Aviation
Agency'' for ''Civil Aeronautics Administration''.
''Secretary'' and ''Department of Transportation'' substituted in
text for ''Administrator'' and ''Federal Aviation Agency'',
respectively, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2405. Penalty for violations
TITLE 49, APPENDIX -- TRANSPORTATION
Any person who knowingly and willfully violates any rule or
regulation prescribed under this subchapter shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more than
$500 or imprisoned not more than six months, or both.
(June 29, 1940, ch. 444, 5, as added May 15, 1947, ch. 62, 61 Stat.
94.)
Section is also set out as section 7-1105 of the District of Columbia
Code.
49 USC 2406. Deposit of collateral by person charged with violation
TITLE 49, APPENDIX -- TRANSPORTATION
The officer on duty in command of those employees designated by the
Secretary as provided in section 2404 of this Appendix may accept
deposit of collateral from any person charged with the violation of any
rule or regulation prescribed under this subchapter, for appearance in
court or before the appropriate United States magistrate judge; and
such collateral shall be deposited with the United States magistrate
judge at Alexandria, Virginia.
(June 29, 1940, ch. 444, 6, as added May 15, 1947, ch. 62, 61 Stat.
94, and amended Oct. 15, 1966, Pub. L. 89-670, 6(c)(1), 80 Stat. 938;
Oct. 17, 1968, Pub. L. 90-578, title IV, 402(b)(2), 82 Stat. 1118; Dec.
1, 1990, Pub. L. 101-650, title III, 321, 104 Stat. 5117.)
Section is also set out as section 7-1106 of the District of Columbia
Code.
''United States magistrate judge'' substituted in text for ''United
States magistrate'' wherever appearing pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ''United States magistrate''
substituted for ''United States commissioner'' pursuant to Pub. L.
90-578. See chapter 43 ( 631 et seq.) of Title 28.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2407. Agreements for municipal services; charges;
appropriations authorized
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary may enter into agreements with the State of Virginia,
or with any political subdivision thereof, for such municipal services
as the Secretary shall deem necessary to the proper and efficient
government of the airport, and he may, from time to time, agree to
modifications in any such agreement: Provided, however, That where the
charge for any such service is established by the laws of the State of
Virginia, the Secretary may not pay for such service an amount in excess
of the charge so established. There is hereby authorized to be
appropriated such sums as may be necessary for the making of payment for
services under any such agreement.
(June 29, 1940, ch. 444, 7, as added May 15, 1947, ch. 62, 61 Stat.
95, and amended Oct. 15, 1966, Pub. L. 89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1107 of the District of Columbia
Code.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC SUBCHAPTER II -- WASHINGTON DULLES INTERNATIONAL AIRPORT
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2421. Construction and operation of airport
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary of Transportation (hereinafter referred to as the
''Secretary'') is hereby authorized and directed to construct, protect,
operate, improve, and maintain within or in the vicinity of the District
of Columbia, a public airport (including all buildings and other
structures necessary or desirable therefor).
(Sept. 7, 1950, ch. 905, 1, 64 Stat. 770; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1201 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator of the Federal
Aviation Agency'' and ''Administrator'' for ''Secretary of Commerce''
and ''Secretary'', respectively.
''Secretary of Transportation'' and ''Secretary'' substituted in text
for ''Administrator of the Federal Aviation Agency'' and
''Administrator'', respectively, pursuant to section 6(c)(1) of Pub. L.
89-670, which is classified to section 1655(c)(1) of this Appendix and
which transferred to and vested in Secretary of Transportation
functions, powers, and duties of Federal Aviation Agency and of
Administrator and other officers and offices thereof.
Pub. L. 98-510, Oct. 19, 1984, 98 Stat. 2365, provided: ''That the
airport constructed under the Act entitled 'An Act to authorize the
construction, protection, operation, and maintenance of a public airport
in or in the vicinity of the District of Columbia', approved September
7, 1950 (64 Stat. 770) (this subchapter), known as the Dulles
International Airport, shall hereafter be known and designated as the
'Washington Dulles International Airport'. Any law, regulation, map,
document, record, or other paper of the United States in which such
airport is referred to shall be held to refer to such airport as the
'Washington Dulles International Airport'.''
Ex. Ord. No. 10828, July 15, 1959, 24 F.R. 5735, provided that:
WHEREAS there is now being constructed in the counties of Fairfax and
Loudoun in the State of Virginia, pursuant to an act of Congress
approved September 7, 1950 (Public Law 762; 64 Stat. 770) (this
subchapter), an international airport which will provide facilities for
the District of Columbia and its vicinity; and
WHEREAS it is desirable that this airport be given an appropriate and
significant name; and
WHEREAS the public service of John Foster Dulles, the renowned
diplomat and statesman, was dedicated in large measure to the ideals of
democracy and the cause of freedom and peace throughout the world; and
WHEREAS it is fitting that the international airport being built to
serve our Nation's Capital should bear the name of this distinguished
American whose memory is revered wherever men cherish democracy and
freedom:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States, I hereby designate the airport now being
constructed in the counties of Fairfax and Loudoun in the State of
Virginia, pursuant to the above-mentioned act of Congress, as the Dulles
International Airport; and such airport shall hereafter be known and
referred to by that name.
Dwight D. Eisenhower.
49 USC 2422. Acquisition of lands; selection of site
TITLE 49, APPENDIX -- TRANSPORTATION
For the purpose of carrying out this subchapter, the Secretary is
authorized to acquire, by purchase, lease, condemnation, or otherwise
(including transfer with or without compensation from Federal agencies
or the District of Columbia, or any State or political subdivision
thereof), such lands and interests in lands and appurtenances thereto,
including avigation easements or air-space rights, as may be necessary
or desirable for the construction, maintenance, improvement, operation,
and protection of the airport: Provided, That before making commitments
for the acquisition of land, or the transfer of any lands, the Secretary
shall consult and advise with the National Capital Planning Commission
as to the conformity of the proposed location with the Commission's
comprehensive plan for the National Capital and its environs, and said
Commission shall, upon request, submit a report and recommendations
thereon within thirty days: Provided further, That the choice of site
by the Secretary shall be made only after consultation with the
governing body in the county in which the airport is to be located, with
respect to the suitability of the site to be selected, and its possible
impact on the vicinity.
(Sept. 7, 1950, ch. 905, 2, 64 Stat. 771; July 19, 1952, ch. 949, 1
(''Sec. 9''), 66 Stat. 790; Aug. 23, 1958, Pub. L. 85-726, title XIV,
1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L. 89-670, 6(c)(1), 80 Stat.
938.)
Section is also set out as section 7-1202 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary'' wherever appearing.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
''National Capital Planning Commission'' substituted in text for
''National Capital Park and Planning Commission'' pursuant to section 9
of act June 6, 1924, ch. 270, as added July 19, 1952, ch. 949, 1, 66
Stat. 790 (D.C. Code, 1-2007), which transferred functions, powers, and
duties of National Capital Park and Planning Commission to National
Capital Planning Commission.
49 USC 2423. Acquisition and construction of facilities
TITLE 49, APPENDIX -- TRANSPORTATION
For the purposes of this subchapter, the Secretary is empowered to
acquire, by purchase, lease, condemnation, or otherwise (including
transfer with or without compensation from Federal agencies or the
District of Columbia, or any State or political subdivision thereof),
rights-of-way or easements for roads, trails, pipe lines, power lines,
railroad spurs, and other similar facilities necessary or desirable for
the construction or proper operation of the airport.
The Secretary is authorized to construct any streets, highways, or
roadways (including bridges) as may be necessary to provide access to
the airport from existing streets, highways, or roadways. Upon
completion of construction of any street, highway, or roadway within the
District of Columbia, such street, highway, or roadway shall be
transferred to the District of columbia without charge, and thereafter
shall be maintained by the District of Columbia. Upon construction of
any street, highway, or roadway within a State or political subdivision
thereof, such street, highway, or roadway may be transferred to such
State or political subdivision thereof, without charge, on the condition
that such street, highway, or roadway thereafter be maintained as a
public street, highway, or roadway by such State or political
subdivision thereof.
(Sept. 7, 1950, ch. 905, 3, 64 Stat. 771; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1203 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary'' wherever appearing.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
Pub. L. 98-443, 15, Oct. 4, 1984, 98 Stat. 1711, as amended by Pub.
L. 98-510, Oct. 19, 1984, 98 Stat. 2365, provided that:
''(a) The Secretary of Transportation shall study the feasibility of
constructing a rail rapid transit line between the West Falls Church,
Virginia, station of the Washington, District of Columbia metrorail
system and Washington Dulles International Airport in Virginia. The
study shall include, but need not be limited to, a study of the
feasibility of heavy rail, light rail, monorail, magnetic levitation
systems, and any other appropriate transportation systems. The Secretary
shall study the feasibility of each such system with and without
intermediate stops.
''(b) The Secretary shall complete the study required by subsection
(a) and transmit the results thereof to Congress not later than one year
after the date of enactment of this Act (Oct. 4, 1984).''
Act June 12, 1960, Pub. L. 86-515, 74 Stat. 210, as amended (D.C.
Code, 43-1621 et seq.) authorized a sanitary interceptor and trunk sewer
line to extend from Washington Dulles International Airport to the
District of Columbia system.
49 USC 2424. Operation and maintenance; rules and regulations
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary shall have control over and responsibility for the
care, operation, maintenance, improvement, and protection of the
airport, together with the power to make and amend such rules and
regulations as he may deem necessary to the proper exercise thereof:
Provided, That the authority herein contained may be delegated by the
Secretary to such official or officials of the Department of
Transportation as the Secretary may designate.
(Sept. 7, 1950, ch. 905, 4, 64 Stat. 771; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1204 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' and ''Federal
Aviation Agency'' for ''Secretary'' and ''Secretary of Commerce'',
respectively, wherever appearing.
''Secretary'' and ''Department of Transportation'' substituted in
text for ''Administrator'' and ''Federal Aviation Agency'',
respectively, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2425. Lease of space or property
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary is empowered to lease under such conditions as he may
deem proper and for such periods as may be desirable space or property
within or upon the airport for purposes essential or appropriate to the
operation of the airport: Provided, That no lease for the use of any
hangar or space therein shall extend for a period exceeding three years.
(Sept. 7, 1950, ch. 905, 5, 64 Stat. 771; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1205 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary''.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2426. Contracts for supplies and services
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary is authorized to contract with any person for the
furnishing of supplies or performance of services at or upon the airport
necessary or desirable for the proper operation of the airport,
including but not limited to, contracts for furnishing food and lodging,
sale of aviation fuels, furnishing of aircraft repairs and other
aeronautical services, and such other services and supplies as may be
necessary or desirable for the traveling public. No such contract, not
including contracts involving the construction of permanent buildings or
facilities, shall extend for a period of longer than five years, except
the restaurant. The provisions of section 5 of title 41 shall not apply
to contracts authorized under this section, to leases authorized under
section 2425 of this Appendix, or to contracts for architectural or
engineering services necessary for the design and planning of the
airport.
(Sept. 7, 1950, ch. 905, 6, 64 Stat. 771; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1206 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary''.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2427. Transfer of property by Federal or District agencies
TITLE 49, APPENDIX -- TRANSPORTATION
Any executive department, independent establishment, or agency of the
Federal Government or the District of Columbia, for the purposes of
carrying out this subchapter, is authorized to transfer to the
Secretary, without compensation, upon his request, any lands, interests
in lands (including avigation easements or air-space rights), buildings,
property, or equipment under its control and in excess of its own
requirements, which the Secretary may consider necessary or desirable
for the construction, care, operation, maintenance, improvement, or
protection of the airport.
(Sept. 7, 1950, ch. 905, 7, 64 Stat. 772; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1207 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary'' wherever appearing.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2428. Authority to make arrests; carrying of firearms; patrol
by Park Police; deposit of collateral by person charged with violation
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary, and any Department of Transportation employee
appointed to protect life and property on the airport, when designated
by the Secretary, is hereby authorized and empowered (1) to arrest under
a warrant within the limits of the airport any person accused of having
committed within the boundaries of the airport any offense against the
laws of the United States, or against any rule or regulation prescribed
pursuant to this subchapter; (2) to arrest without warrant any person
committing any such offense within the limits of the airport, in his
presence; or (3) to arrest without warrant within the limits of the
airport any person whom he has reasonable grounds to believe has
committed a felony within the limits of the airport.
(b) Any individual having the power of arrest as provided in
subsection (a) of this section may carry firearms or other weapons as
the Secretary may direct or by regulation may prescribe.
(c) The United States Park Police may, at the request of the
Secretary, be assigned by the Secretary of the Interior, in his
discretion, to patrol any area of the airport, and any members of the
United States Park Police so assigned are hereby authorized and
empowered to make arrests within the limits of the airport for the same
offenses and in the same manner and circumstances as are provided in
this section with respect to employees designated by the Secretary.
(d) The officer on duty in command of those employees designated by
the Secretary as provided in subsection (a) of this section may accept
deposit of collateral from any person charged with the violation of any
rule or regulation prescribed under this Act, for appearance in court or
before the appropriate United States magistrate judge; and such
collateral shall be deposited with such United States magistrate judge.
(Sept. 7, 1950, ch. 905, 8, 64 Stat. 772; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938; Oct. 17, 1968, Pub. L. 90-578, title IV,
402(b)(2), 82 Stat. 1118; Dec. 1, 1990, Pub. L. 101-650, title III,
321, 104 Stat. 5117.)
Section is also set out as section 7-1208 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary'' wherever appearing in subsecs. (a) to (d), and
substituted ''Federal Aviation Agency'' for ''Department of Commerce''
in subsec. (a).
''United States magistrate judge'' substituted for ''United States
Magistrate'' wherever appearing in subsec. (d) pursuant to section 321
of Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure. Previously, ''United States
Magistrate'' substituted for ''United States Commissioner'' pursuant to
Pub. L. 90-578. See chapter 43 ( 631 et seq.) of Title 28.
''Secretary'' and ''Department of Transportation'' substituted in
text for ''Administrator'' and ''Federal Aviation Agency'',
respectively, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2429. Agreements for municipal services; charges
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary may enter into agreements with the State, or any
political subdivision thereof, in which the airport or any portion
thereof is situated, for such State or municipal services as the
Secretary shall deem necessary to the proper and efficient operation and
protection of the airport, and he may, from time to time, agree to
modifications in any such agreement: Provided, however, That where the
charge for any such service is established by the laws of the State, the
Secretary may not pay for such service in excess of the charge so
established.
(Sept. 7, 1950, ch. 905, 9, 64 Stat. 772; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1209 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary'' wherever appearing.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2430. Penalty for violations
TITLE 49, APPENDIX -- TRANSPORTATION
Any person who knowingly and willfully violates any rule, regulation,
or order issued by the Secretary under this subchapter shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be subject to
a fine of not more than $500 or to imprisonment not exceeding six
months, or to both such fine and imprisonment.
(Sept. 7, 1950, ch. 905, 10, 64 Stat. 772; Aug. 23, 1958, Pub. L.
85-726, title XIV, 1402(g), 72 Stat. 807; Oct. 15, 1966, Pub. L.
89-670, 6(c)(1), 80 Stat. 938.)
Section is also set out as section 7-1210 of the District of Columbia
Code.
1958 -- Pub. L. 85-726 substituted ''Administrator'' for
''Secretary''.
''Secretary'', meaning Secretary of Transportation, substituted in
text for ''Administrator'', meaning Administrator of Federal Aviation
Agency, pursuant to section 6(c)(1) of Pub. L. 89-670, which is
classified to section 1655(c)(1) of this Appendix and which transferred
to and vested in Secretary of Transportation functions, powers, and
duties of Federal Aviation Agency and of Administrator and other
officers and offices thereof.
49 USC 2431. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
Unless the context otherwise requires, the definitions of the words
and phrases used in this subchapter shall be the definitions assigned to
such words and phrases by the Civil Aeronautics Act of 1938, as amended.
(Sept. 7, 1950, ch. 905, 11, 64 Stat. 772.)
The Civil Aeronautics Act of 1938, as amended, referred to in text,
is act June 23, 1938, ch. 601, 52 Stat. 973, as amended, which was
classified principally to chapter 9 ( 401 et seq.) of former Title 49,
Transportation, and was repealed by Pub. L. 85-726, title XIV, 1401(
b), Aug. 23, 1958, 72 Stat. 806. For complete classification of this
Act to the Code, see Tables. See also section 1301 et seq. of this
Appendix.
Section is also set out as section 7-1211 of the District of Columbia
Code.
49 USC 2432. Appropriations authorized
TITLE 49, APPENDIX -- TRANSPORTATION
There is hereby authorized to be appropriated such sum as may be
necessary for the construction of the airport authorized by this
subchapter, and such sum shall remain available until expended. There
are hereby authorized to be appropriated such other sums as may be
necessary to carry out the purposes of this subchapter.
(Sept. 7, 1950, ch. 905, 12, 64 Stat. 773; July 11, 1958, Pub. L.
85-511, 72 Stat. 354.)
Section is also set out as section 7-1212 of the District of Columbia
Code.
1972 -- Pub. L. 85-511 substituted provisions authorizing
appropriation of such sum as may be necessary for the construction of
the airport, to remain available until expended, and of other sums to
carry out this subchapter, for provisions authorizing appropriation of
$14,000,000 to carry out this subchapter, to remain available until
expended, and of sums necessary for the development, etc., of the
airport or as otherwise necessary to carry out this subchapter.
49 USC 2433. Disposition of money recovered from pool and fountain
TITLE 49, APPENDIX -- TRANSPORTATION
Money recovered after August 30, 1964, from the pool and fountain at
Washington Dulles International Airport shall not be subject to the Act
of June 30, 1949, as amended (40 U.S.C. 484m, 485a), /1/ and may be
given to a nonprofit organization which, in the determination of the
Secretary of Transportation promotes and provides for the welfare of
travelers in air commerce.
(Pub. L. 88-507, title I, 101, Aug. 30, 1964, 78 Stat. 646; Pub. L.
89-670, 6(c)(1), Oct. 15, 1966, 80 Stat. 938; Pub. L. 98-510, Oct. 19,
1984, 98 Stat. 2365.)
Act of June 30, 1949, referred to in text, is act June 30, 1949, ch.
288, 63 Stat. 377, as amended, popularly known as the Federal Property
and Administrative Services Act of 1949, which is classified in part to
chapter 10 ( 471 et seq.) of Title 40, Public Buildings, Property, and
Works. For complete classification of this Act to the Code, see Short
Title note set out under section 471 of Title 40 and Tables.
Section was not enacted as part of act Sept. 7, 1950, ch. 905,
which comprises this subchapter.
Section is also set out as section 7-1213 of the District of Columbia
Code.
1984 -- Pub. L. 98-510 substituted ''Washington Dulles International
Airport'' for ''Dulles International Airport''.
''Secretary of Transportation'' substituted in text for
''Administrator of the Federal Aviation Agency'' pursuant to section 6(
c)(1) of Pub. L. 89-670, which is classified to section 1655(c)(1) of
this Appendix and which transferred to and vested in Secretary of
Transportation functions, powers, and duties of Federal Aviation Agency
and of Administrator and other officers and offices thereof.
/1/ So in original. Should be ''(40 U.S.C. 484(m), 485(a)),''.
49 USC SUBCHAPTER III -- METROPOLITAN WASHINGTON AIRPORTS AUTHORITY
TITLE 49, APPENDIX -- TRANSPORTATION
49 USC 2451. Findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds that --
(1) the two federally owned airports in the metropolitan area of
Washington, District of Columbia, constitute an important and growing
part of the commerce, transportation, and economic patterns of the
Commonwealth of Virginia, the District of Columbia, and the surrounding
region;
(2) Baltimore/Washington International Airport, owned and operated by
the State of Maryland, is an air transportation facility that provides
service to the greater Metropolitan Washington region together with the
two federally owned airports, and timely Federal-aid grants to
Baltimore/Washington International Airport will provide additional
capacity to meet the growing air traffic needs and to compete with other
airports on a fair basis;
(3) the Federal Government has a continuing but limited interest in
the operation of the two federally owned airports, which serve the
travel and cargo needs of the entire Metropolitan Washington region as
well as the District of Columbia as the national seat of government;
(4) operation of the Metropolitan Washington Airports by an
independent local agency will facilitate timely improvements at both
airports to meet the growing demand of interstate air transportation
occasioned by the Airline Deregulation Act of 1978 (Public Law 95-504;
92 Stat. 1705);
(5) all other major air carrier airports in the United States are
operated by public entities at the State, regional, or local level;
(6) any change in status of the two airports must take into account
the interest of nearby communities, the traveling public, air carriers,
general aviation, airport employees, and other interested groups, as
well as the interests of the Federal Government and State governments
involved;
(7) in recognition of a perceived limited need for a Federal role in
the management of these airports and the growing local interest, the
Secretary has recommended a transfer of authority from the Federal to
the local/State level that is consistent with the management of major
airports elsewhere in the Nation;
(8) an operating authority with representation from local
jurisdictions, similar to authorities at all major airports in the
United States, will improve communications with local officials and
concerned residents regarding noise at the Metropolitan Washington
Airports;
(9) a commission of congressional, State, and local officials and
aviation representatives has recommended to the Secretary that transfer
of the federally owned airports be as a unit to an independent authority
to be created by the Commonwealth of Virginia and the District of
Columbia; and
(10) the Federal interest in these airports can be provided through a
lease mechanism which provides for local control and operation.
(Pub. L. 99-500, title VI, 6002, Oct. 18, 1986, 100 Stat. 1783-373,
and Pub. L. 99-591, title VI, 6002, Oct. 30, 1986, 100 Stat. 3341-376.)
The Airline Deregulation Act of 1978, referred to in par. (4), is
Pub. L. 95-504, Oct. 24, 1978, 92 Stat. 1705, as amended. For
complete classification of this Act to the Code, see Short Title of 1978
Amendment note set out under section 1301 of this Appendix and Tables.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1501.
Pub. L. 102-240, title VII, 7001, Dec. 18, 1991, 105 Stat. 2197,
provided that: ''This title (amending section 2456 of this Appendix and
enacting provisions set out as notes under sections 2454 and 2456 of
this Appendix) may be cited as the 'Metropolitan Washington Airports Act
Amendments of 1991'.''
Section 6001 of title VI of Pub. L. 99-500 and Pub. L. 99-591
provided that: ''This title (enacting this subchapter) may be cited as
the 'Metropolitan Washington Airports Act of 1986'.''
49 USC 2452. Purpose
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
It is therefore declared to be the purpose of the Congress in this
subchapter to authorize the transfer of operating responsibility under
long-term lease of the two Metropolitan Washington Airport properties as
a unit, including access highways and other related facilities, to a
properly constituted independent airport authority created by the
Commonwealth of Virginia and the District of Columbia, in order to
achieve local control, management, operation, and development of these
important transportation assets.
(b) Inclusion of BWI not precluded
Nothing in this subchapter shall be construed to prohibit the
Airports Authority and the State of Maryland from entering into an
agreement whereby Baltimore/Washington International Airport may be made
part of a regional airports authority, subject to terms and conditions
agreed to by the Airports Authority, the Secretary, the Commonwealth of
Virginia, the District of Columbia, and the State of Maryland.
(Pub. L. 99-500, title VI, 6003, Oct. 18, 1986, 100 Stat. 1783-374,
and Pub. L. 99-591, title VI, 6003, Oct. 30, 1986, 100 Stat. 3341-377.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1502.
49 USC 2453. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
In this subchapter --
(1) Administrator
The term ''Administrator'' means the Administrator of the Federal
Aviation Administration.
(2) Airports Authority
The term ''Airports Authority'' means the Metropolitan Washington
Airports Authority, a public body to be created by the Commonwealth of
Virginia and the District of Columbia consistent with the requirements
of section 2456 of this Appendix.
(3) Employees
The term ''employees'' means all permanent Federal Aviation
Administration personnel employed on the date the lease under section
2454 of this Appendix takes effect by the Metropolitan Washington
Airports, an organization within the Federal Aviation Administration.
(4) Metropolitan Washington Airports
The term ''Metropolitan Washington Airports'' means Washington
National Airport and Washington Dulles International Airport.
(5) Secretary
The term ''Secretary'' means the Secretary of Transportation.
(6) Washington Dulles International Airport
The term ''Washington Dulles International Airport'' means the
airport constructed under the Act entitled ''An Act to authorize the
construction, protection, operation, and maintenance of a public airport
on or in the vicinity of the District of Columbia'', approved September
7, 1950 (64 Stat. 770) (49 App. U.S.C. 2421 et seq.), and includes the
Dulles Airport Access Highway and Right-of-way, including the extension
between the Interstate Routes I-495 and I-66.
(7) Washington National Airport
The term ''Washington National Airport'' means the airport described
in the Act entitled ''An Act to provide for the administration of the
Washington National Airport, and for other purposes'', approved June 29,
1940 (54 Stat. 686) (49 App. U.S.C. 2401 et seq.).
(Pub. L. 99-500, title VI, 6004, Oct. 18, 1986, 100 Stat. 1783-374,
and Pub. L. 99-591, title VI, 6004, Oct. 30, 1986, 100 Stat. 3341-378.)
The Act entitled ''An Act to authorize the construction, protection,
operation, and maintenance of a public airport on or in the vicinity of
the District of Columbia'' approved September 7, 1950 (64 Stat. 770),
referred to in par. (6), is act Sept. 7, 1950, ch. 905, 64 Stat. 770,
as amended, which is classified to subchapter II ( 2421 et seq.) of this
chapter.
The Act entitled ''An Act to provide for the administration of the
Washington National Airport, and for other purposes'', approved June 29,
1940 (54 Stat. 686), referred to in par. (7), is act June 29, 1940, ch.
444, 54 Stat. 686, as amended, which is classified to subchapter I (
2401 et seq.) of this chapter.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1503.
49 USC 2454. Lease of Metropolitan Washington Airports
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority to enter into lease
The Secretary is authorized to enter into a lease of the Metropolitan
Washington Airports with the Airports Authority for a 50-year term and
to enter into any related agreement necessary for the transfer of
authority and property to the Airports Authority. Authority to enter
into a lease and agreement under this section shall lapse two years
after October 18, 1986.
(b) Payments
(1) Lease payments
The lease shall provide for the Airports Authority to pay to the
general fund of the Treasury annually an amount, computed using the GNP
Price Deflator, to equal $3,000,000 in 1987 dollars. The Secretary and
the Airports Authority may renegotiate the level of lease payments
attributable to inflation costs every ten years.
(2) Retirement obligations
(A) Discontinued service
Not later than one year after the lease takes effect, the Airports
Authority shall pay to the Treasury of the United States, to be
deposited to the credit of the Civil Service Retirement and Disability
Fund, an amount determined by the Office of Personnel Management to
represent the actual added costs incurred by the Fund due to
discontinued service retirement under section 8336(d)(1) of title 5 of
employees who elect not to transfer to the Airports Authority.
(B) Unfunded liability
Not later than one year after the lease takes effect, the Airports
Authority shall pay to the Treasury of the United States, to be
deposited to the credit of the Civil Service Retirement and Disability
Fund, an amount determined by the Office of Personnel Management to
represent the present value of the difference between (i) the future
cost of benefits payable from the Fund and due the employees covered
under section 2457(e) of this Appendix that are attributable to the
period of employment following the date the lease takes effect, and (ii)
the contributions made by the employees and the Airports Authority under
section 2457(e) of this Appendix. In determining the amount due, the
Office of Personnel Management shall take into consideration the actual
interest such amount can be expected to earn when invested in the
Treasury of the United States.
(c) Minimum terms and conditions
The Airports Authority shall agree, at a minimum, to the following
conditions and requirements in the lease:
(1) Operation of airports as a unit
The Airports Authority shall operate, maintain, protect, promote, and
develop the Metropolitan Washington Airports as a unit and as primary
airports serving the Metropolitan Washington area.
(2) Airport purposes
The real property constituting the Metropolitan Washington Airports
shall, during the period of the lease, be used only for airport
purposes. For the purposes of this paragraph, the term ''airport
purposes'' means a use of property interests (other than a sale) for
aviation business or activities, or for activities necessary or
appropriate to serve passengers or cargo in air commerce, or for
nonprofit, public use facilities. If the Secretary determines that any
portion of the real property leased to the Airports Authority pursuant
to this subchapter is used for other than airport purposes, the
Secretary shall (A) direct that appropriate measures be taken by the
Airports Authority to bring the use of such portion of real property in
conformity with airport purposes, and (B) retake possession of such
portion of real property if the Airports Authority fails to bring the
use of such portion into a conforming use within a reasonable period of
time, as determined by the Secretary.
(3) AIP requirements
The Airports Authority shall be subject to the requirements of
section 511(a) of the Airport and Airway Improvement Act of 1982 (49
App. U.S.C. 2210(a)) and the assurances and conditions required of grant
recipients under such Act (49 App. U.S.C. 2201 et seq.) as of the date
the lease takes effect. Notwithstanding section 511(a)(12) of such Act
(49 App. U.S.C. 2210(a)(12)), all revenues generated by the Metropolitan
Washington Airports shall be expended for the capital and operating
costs of such airports.
(4) Contracts
In acquiring by contract supplies or services for an amount estimated
to be in excess of $200,000, or awarding concession contracts, the
Airports Authority shall obtain, to the maximum extent practicable, full
and open competition through the use of published competitive
procedures. By a vote of seven members, the Airports Authority may
grant exceptions to the requirements of this paragraph.
(5) Continuation of regulations
(A) In general
Except as provided in subparagraph (B), all regulations of the
Metropolitan Washington Airports (14 C.F.R. part 159) shall become
regulations of the Airports Authority on the date the lease takes effect
and shall remain in effect until modified or revoked by the Airports
Authority in accordance with procedures of the Airports Authority.
(B) Exceptions
The following regulations shall cease to be in effect on the date the
lease takes effect:
(i) section 159.59(a) of title 14, Code of Federal Regulations
(relating to new-technology aircraft); and
(ii) section 159.191 of title 14, Code of Federal Regulations
(relating to violations of Federal Aviation Administration regulations
as Federal misdemeanors).
(C) Operations
The Airports Authority may not increase or decrease the number of
instrument flight rule takeoffs and landings authorized by the High
Density Rule (14 C.F.R. 93.121 et seq.) at Washington National Airport
on October 18, 1986, and may not impose a limitation after the date the
lease takes effect on the number of passengers taking off or landing at
Washington National Airport.
(6) Transfer of rights, liabilities, and obligations
(A) In general
Except as specified in subparagraph (B) of this paragraph, the
Airports Authority shall assume all rights, liabilities, and obligations
(tangible and incorporeal, present and executory) of the Metropolitan
Washington Airports on the date the lease takes effect, including
leases, permits, licenses, contracts, agreements, claims, tariffs,
accounts receivable, accounts payable, and litigation relating to such
rights and obligations, regardless whether judgment has been entered,
damages awarded, or appeal taken. Before the date the lease takes
effect, the Secretary shall also assure that the Airports Authority has
agreed to cooperate in allowing representatives of the Attorney General
and the Secretary adequate access to employees and records when needed
for the performance of functions related to the period before the
effectiveness of the lease. The Airports Authority shall assume
responsibility for the Federal Aviation Administration's Master Plans
for the Metropolitan Washington Airports.
(B) Exceptions
The procedure for disputes resolution contained in any contract
entered into on behalf of the United States before the date the lease
takes effect shall continue to govern the performance of the contract
unless otherwise agreed to by the parties to the contract. Claims for
monetary damages founded in tort, by or against the United States as the
owner and operator of the Metropolitan Washington Airports, arising
before the date the lease takes effect shall be adjudicated as if the
lease had not been entered into.
(C) Payments into Employees' Compensation Fund
The Federal Aviation Administration shall remain responsible for
reimbursing the Employees' Compensation Fund, pursuant to section 8147
of title 5, for compensation paid or payable after the date the lease
takes effect in accordance with chapter 81 of title 5 with regard to any
injury, disability, or death due to events arising before such date,
whether or not a claim has been filed or is final on such date.
(D) Collective bargaining rights
The Airports Authority shall continue all collective bargaining
rights enjoyed before the date the lease takes effect by employees of
the Metropolitan Washington Airports.
(7) Audits
The Comptroller General of the United States may conduct periodic
audits of the activities and transactions of the Airports Authority in
accordance with generally accepted management principles, and under such
rules and regulations as may be prescribed by the Comptroller General.
Any such audit shall be conducted at such place or places as the
Comptroller General may deem appropriate. All books, accounts, records,
reports, files, papers, and property of the Airports Authority shall
remain in possession and custody of the Airports Authority.
(8) Code of ethics
The Airports Authority shall develop a code of ethics and financial
disclosure in order to assure the integrity of all decisions made by its
board of directors and employees.
(9) Restriction on use of certain revenues
Notwithstanding any other provision of law, no landing fee imposed
for operating an aircraft or revenues derived from parking automobiles
--
(A) at Washington Dulles International Airport may be used for
maintenance or operating expenses (excluding debt service, depreciation,
and amortization) at Washington National Airport; or
(B) at Washington National Airport may be used for maintenance or
operating expenses (excluding debt service, depreciation, and
amortization) at Washington Dulles International Airport.
(10) General aviation fees
The Airports Authority shall compute the fees and charges for landing
general aviation aircraft at the Metropolitan Washington Airports on the
same basis as the landing fees for air carrier aircraft, except that the
Airports Authority may require a minimum landing fee not in excess of
the landing fee for aircraft weighing 12,500 pounds.
(11) Other terms
The Secretary shall include such other terms and conditions
applicable to the parties to the lease as are consistent with and carry
out the provisions of this subchapter.
(d) Submission to Congress
The Secretary shall submit the lease entered into under this section
to Congress. The lease may not take effect before the passage of (1) 30
days, or (2) 10 days in which either House of Congress is in session,
whichever occurs later.
(e) Enforcement of lease provisions
The district courts of the United States shall have jurisdiction to
compel the Airports Authority and its officers and employees to comply
with the terms of the lease. An action may be brought on behalf of the
United States by the Attorney General, or by any aggrieved party.
(Pub. L. 99-500, title VI, 6005, Oct. 18, 1986, 100 Stat. 1783-375,
and Pub. L. 99-591, title VI, 6005, Oct. 30, 1986, 100 Stat. 3341-378.)
This subchapter, referred to in subsec. (c)(2), was in the original
''this Act'' and was translated as reading ''this title'' meaning title
VI of Pub. L. 99-500 and Pub. L. 99-591 which enacted this subchapter,
to reflect the probable intent of Congress.
Such Act, referred to in subsec. (c)(3), is the Airport and Airway
Improvement Act of 1982, title V of Pub. L. 97-248, Sept. 3, 1982, 96
Stat. 671, as amended, which is classified principally to chapter 31 (
2201 et seq.) of this Appendix. For complete classification of this Act
to the Code, see Short Title note set out under section 2201 of this
Appendix and Tables.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1504.
Pub. L. 102-240, title VII, 7003, Dec. 18, 1991, 105 Stat. 2202,
provided that: ''The Secretary of Transportation may amend the lease
entered into with the Metropolitan Washington Airports Authority under
section 6005(a) of the Metropolitan Washington Airports Authority Act of
1986 (49 App. U.S.C. 2454(a)) to secure the Airports Authority's consent
to the conditions relating to the new Board of Review to be established
pursuant to the amendments made by this Act (see Short Title of 1991
Amendment note set out under section 2451 of this Appendix).''
49 USC 2455. Capital improvements, construction, and rehabilitation
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Improvements
It is the sense of the Congress that the Airports Authority should --
(1) pursue the improvement, construction, and rehabilitation of the
facilities at Washington Dulles International Airport and Washington
National Airport simultaneously; and
(2) to the extent practicable, cause the improvement, construction,
and rehabilitation proposed by the Secretary to be completed at both of
such Airports within 5 years after the earliest date on which the
Airports Authority issues bonds under the authority required by section
2456 of this Appendix for any such improvement, construction, or
rehabilitation.
(b) Secretary's assistance
The Secretary shall assist the three airports serving the Washington,
D.C. metropolitan area in planning for operational and capital
improvements at those airports and shall accelerate consideration of
applications for Federal financial assistance by whichever of the three
airports is most in need of increasing airside capacity.
(Pub. L. 99-500, title VI, 6006, Oct. 18, 1986, 100 Stat. 1783-378,
and Pub. L. 99-591, title VI, 6006, Oct. 30, 1986, 100 Stat. 3341-381.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1505.
49 USC 2456. Airports Authority
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Powers conferred by Virginia and District of Columbia
The Airports Authority shall be a public body corporate and politic,
having the powers and jurisdiction as are conferred upon it jointly by
the legislative authority of the Commonwealth of Virginia and the
District of Columbia or by either of the jurisdictions and concurred in
by the legislative authority of the other jurisdiction, but at a minimum
meeting the requirements of this section.
(b) Purpose
The Airports Authority shall be --
(1) independent of the Commonwealth of Virginia and its local
governments, the District of Columbia, and the Federal Government; and
(2) a political subdivision constituted solely to operate and improve
both Metropolitan Washington Airports as primary airports serving the
Metropolitan Washington area.
(c) General authorities
The Airports Authority shall be authorized --
(1) to acquire, maintain, improve, operate, protect, and promote the
Metropolitan Washington Airports for public purposes;
(2) to issue bonds from time to time in its discretion for public
purposes, including the purposes of paying all or any part of the cost
of airport improvements, construction, and rehabilitation, and the
acquisition of real and personal property, including operating equipment
for the airports, which bonds --
(A) shall not constitute a debt of either jurisdiction or a political
subdivision thereof; and
(B) may be secured by the Airports Authority's revenues generally, or
exclusively from the income and revenues of certain designated projects
whether or not they are financed in whole or part from the proceeds of
such bonds;
(3) to acquire real and personal property by purchase, lease,
transfer, or exchange, and to exercise such powers of eminent domain
within the Commonwealth of Virginia as are conferred upon it by the
Commonwealth of Virginia;
(4) to levy fees or other charges; and
(5) to make and maintain agreements with employee organizations to
the extent that the Federal Aviation Administration is so authorized on
October 18, 1986.
(d) Conflict-of-interest provisions
The Airports Authority shall be subject to a conflict-of-interest
provision providing that members of the board and their immediate
families may not be employed by or otherwise hold a substantial
financial interest in any enterprise that has or is seeking a contract
or agreement with the Airports Authority or is an aeronautical, aviation
services, or airport services enterprise that otherwise has interests
that can be directly affected by the Airports Authority. Exceptions to
requirements of the preceding sentence may be made by the official
appointing a member at the time the member is appointed, if the
financial interest is fully disclosed and so long as the member does not
participate in board decisions that directly affect such interest. The
Airports Authority shall include in its code developed under section
2454(c)(8) of this Appendix the standards by which members will
determine what constitutes a substantial financial interest and the
circumstances under which an exception may be granted.
(e) Board of directors
(1) Appointment
The Airports Authority shall be governed by a board of directors of
11 members, as follows:
(A) five members shall be appointed by the Governor of Virginia;
(B) three members shall be appointed by the Mayor of the District of
Columbia;
(C) two members shall be appointed by the Governor of Maryland; and
(D) one member shall be appointed by the President with the advice
and consent of the Senate.
The Chairman shall be appointed from among the members by majority
vote of the members and shall serve until replaced by majority vote of
the members.
(2) Restrictions
Members shall (A) not hold elective or appointive political office,
(B) serve without compensation other than for reasonable expenses
incident to board functions, and (C) reside within the Washington
Standard Metropolitan Statistical Area, except that the member appointed
by the President shall not be required to reside in that area.
(3) Terms
Members shall be appointed to the board for a term of 6 years, except
that of members first appointed --
(A) by the Governor of Virginia, 2 shall be appointed for 4 years and
2 shall be appointed for 2 years;
(B) by the Mayor of the District of Columbia, 1 shall be appointed
for 4 years and 1 shall be appointed for 2 years; and
(C) by the Governor of Maryland, 1 shall be appointed for 4 years.
(4) Removal of Presidential appointees
A member of the board appointed by the President shall be subject to
removal by the President for cause.
(5) Required number of votes
Seven votes shall be required to approve bond issues and the annual
budget.
(f) Board of Review
(1) Composition
The board of directors shall be subject to review of its actions and
to requests, in accordance with this subsection, by a Board of Review of
the Airports Authority. The Board of Review shall be established by the
board of directors to represent the interests of users of the
Metropolitan Washington Airports and shall be composed of 9 members
appointed by the board of directors as follows:
(A) 4 individuals from a list provided by the Speaker of the House of
Representatives.
(B) 4 individuals from a list provided by the President pro tempore
of the Senate.
(C) 1 individual chosen alternately from a list provided by the
Speaker of the House of Representatives and from a list provided by the
President pro tempore of the Senate.
In addition to the recommendations on a list provided under this
paragraph, the board of directors may request additional
recommendations.
(2) Terms, vacancies, and qualifications
(A) Terms
Members of the Board of Review appointed under paragraphs (1)(A) and
(1)(B) shall be appointed for terms of 6 years. Members of the Board of
Review appointed under paragraph (1)(C) shall be appointed for terms of
2 years. A member may serve after the expiration of that member's term
until a successor has taken office.
(B) Vacancies
A vacancy in the Board of Review shall be filled in the manner in
which the original appointment was made. Any member appointed to fill a
vacancy occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for the
remainder of such term.
(C) Qualifications
Members of the Board of Review shall be individuals who have
experience in aviation matters and in addressing the needs of airport
users and who themselves are frequent users of the Metropolitan
Washington Airports. A member of the Board of Review shall be a
registered voter of a State other than Maryland, Virginia, or the
District of Columbia.
(D) Effect of more than 4 vacancies
At any time that the Board of Review established under this
subsection has more than 4 vacancies and lists have been provided for
appointments to fill such vacancies, the Airports Authority shall have
no authority to perform any of the actions that are required by
paragraph (4) to be submitted to the Board of Review.
(3) Procedures
The Board of Review shall establish procedures for conducting its
business. The procedures may include requirements for a quorum at
meetings and for proxy voting and for the selection of a Chairman. The
Board shall meet at least once each year and shall meet at the call of
the chairman or 3 members of the Board. Any decision of the Board of
Review under paragraph (4) or (5) shall be by a vote of 5 members of the
Board.
(4) Review procedure
(A) Submission required
An action of the Airports Authority described in subparagraph (B)
shall be submitted to the Board of Review at least 30 days (or at least
60 days in the case of the annual budget) before it is to become
effective.
(B) Actions affected
The following are the actions referred to in subparagraph (A):
(i) the adoption of an annual budget and any amendments thereto;
(ii) the authorization for the issuance of bonds and an annual plan
for issuance of bonds and any amendments to such plan;
(iii) the adoption, amendment, or repeal of a regulation;
(iv) the adoption or revision of a master plan;
(v) the appointment of the chief executive officer;
(vi) the award of a contract (other than a contract in connection
with the issuance or sale of bonds which is executed within 30 days of
the date of issuance of the bonds) which has been approved by the board
of directors of the Airports Authority;
(vii) any action of the board of directors approving a terminal
design or airport layout or modification of such design or layout; and
(viii) the authorization for the acquisition or disposal of land and
the grant of a long-term easement.
(C) Recommendations
The Board of Review may make to the board of directors
recommendations regarding an action within either (i) 30 calendar days
of its submission under this paragraph; or (ii) 10 calendar days
(excluding Saturdays, Sundays, and holidays, and any day on which
neither House of Congress is in session because of an adjournment sine
die, a recess of more than 3 days, or an adjournment of more than 3
days) of its submission under this paragraph; whichever period is
longer. Such recommendations may include a recommendation that the
action not take effect. If the Board of Review does not make a
recommendation in the applicable review period under this subparagraph
or if at any time in such review period the Board of Review decides that
it will not make a recommendation on an action, the action may take
effect.
(D) Effect of recommendation
(i) Response
An action with respect to which the Board of Review has made a
recommendation in accordance with subparagraph (C) may only take effect
if the board of directors adopts such recommendation or if the board of
directors has evaluated and responded, in writing, to the Board of
Review with respect to such recommendation and transmits such action,
evaluation, and response to Congress in accordance with clause (ii) and
the 60-calendar day period described in clause (ii) expires.
(ii) Nonadoption of recommendation
If the board of directors does not adopt a recommendation of the
Board of Review regarding an action, the board of directors shall
transmit to the Speaker of the House of Representatives and the
President of the Senate a detailed description of the action, the
recommendation of the Board of Review regarding the action, and the
evaluation and response of the board of directors to such
recommendation, and the action may not take effect until the expiration
of 60 calendar days (excluding Saturdays, Sundays, and holidays, and any
day on which neither House of Congress is in session because of an
adjournment sine die, a recess of more than 3 days, or an adjournment of
more than 3 days) beginning on the day on which the board of directors
makes such transmission to the Speaker of the House of Representatives
and the President of the Senate.
(E) Limitation on expenditures
Unless an annual budget for a fiscal year has taken effect in
accordance with this paragraph, the Airports Authority may not obligate
or expend any money in such fiscal year, except for (i) debt service on
previously authorized obligations, and (ii) obligations and expenditures
for previously authorized capital expenditures and routine operating
expenses.
(5) Congressional disapproval procedure
(A) In general
This paragraph is enacted by Congress --
(i) as an exercise of the rulemaking power of the Senate and the
House of Representatives, respectively, and as such these provisions are
deemed a part of the rule of each House, respectively, but applicable
only with respect to the procedure to be followed in that House in the
case of resolutions described by this paragraph; and they supersede
other rules only to the extent that they are inconsistent therewith;
and
(ii) with full recognition of the constitutional right of either
House to change the rule (so far as relating to the procedure of that
House) at any time, in the same manner and to the same extent as in the
case of any other rule of that House.
(B) ''Resolution'' defined
For the purpose of this paragraph, the term ''resolution'' means only
a joint resolution, relating to an action of the board of directors
transmitted to Congress in accordance with paragraph (4)(D)( ii), the
matter after the resolving clause of which is as follows: ''That the
Congress disapproves of the action of the board of directors of the
Metropolitan Washington Airports Authority described as follows: .'',
the blank space therein being appropriately filled. Such term does not
include a resolution which specifies more than one action.
(C) Referral
A resolution with respect to a board of director's action shall be
referred to the Committee on Public Works and Transportation of the
House of Representatives, or the Committee on Commerce, Science and
Technology of the Senate, by the Speaker of the House of Representatives
or the President of the Senate, as the case may be.
(D) Motion to discharge
If the committee to which a resolution has been referred has not
reported it at the end of 20 calendar days after its introduction, it is
in order to move to discharge the committee from further consideration
of that joint resolution or any other resolution with respect to the
board of directors action which has been referred to the committee.
(E) Rules with respect to motion
A motion to discharge may be made only by an individual favoring the
resolution, is highly privileged (except that it may not be made after
the committee has reported a resolution with respect to the same
action), and debate thereon shall be limited to not more than 1 hour, to
be divided equally between those favoring and those opposing the
resolution. An amendment to the motion is not in order, and it is not
in order to move to reconsider the vote by which the motion is agreed to
or disagreed to. Motions to postpone shall be decided without debate.
(F) Effect of motion
If the motion to discharge is agreed to or disagreed to, the motion
may not be renewed, nor may another motion to discharge the committee be
made with respect to any other resolution with respect to the same
action.
(G) Senate procedure
(i) Motion to proceed
When the committee of the Senate has reported, or has been discharged
from further consideration of, a resolution, it is at any time
thereafter in order (even though a previous motion to the same effect
has been disagreed to) to move to proceed to the consideration of the
resolution. The motion is highly privileged and is not debatable. An
amendment to the motion is not in order, and it is not in order to move
to reconsider the vote by which the motion is agreed to or disagreed to.
(ii) Limitation on debate
Debate in the Senate on the resolution shall be limited to not more
than 10 hours, which shall be divided equally between those favoring and
those opposing the resolution. A motion further to limit debate is not
debatable. An amendment to, or motion to recommit, the resolution is
not in order, and it is not in order to move to reconsider the vote by
which the resolution is agreed to or disagreed to.
(iii) No debate on certain motions
In the Senate, motions to postpone made with respect to the
consideration of a resolution and motions to proceed to the
consideration of other business shall be decided without debate.
(iv) Appeals
Appeals from the decisions of the Chair relating to the application
of the rules of the Senate to the procedure relating to a resolution
shall be decided without debate.
(H) Effect of adoption of resolution by other House
If, before the passage by 1 House of a joint resolution of that
House, that House receives from the other House a joint resolution, then
the following procedures shall apply:
(i) The joint resolution of the other House shall not be referred to
a committee and may not be considered in the House receiving it, except
in the case of final passage as provided in clause (ii)(I).
(ii) With respect to a joint resolution described in clause (i) of
the House receiving the joint resolution --
(I) the procedure in that House shall be the same as if no joint
resolution had been received from the other House; but
(II) the vote on final passage shall be on the joint resolution of
the other House.
Upon disposition of the joint resolution received from the other
House, it shall no longer be in order to consider the joint resolution
that originated in the receiving House.
(6) Request for consideration of other matters
The Board of Review may request the Airports Authority to consider
and vote, or to report, on any matter related to the Metropolitan
Washington Airports. Upon receipt of such a request the Airports
Authority shall consider and vote, or report, on the matter as promptly
as feasible.
(7) Participation in meetings of Airports Authority
Members of the Board of Review may participate as nonvoting members
in meetings of the board of the Airports Authority.
(8) Staff
The Board of Review may hire two staff persons to be paid by the
Airports Authority. The Airports Authority shall provide such clerical
and support staff as the Board may require.
(9) Liability
A member of the Board of Review shall not be liable in connection
with any claim, action, suit, or proceeding arising from service on the
Board.
(10) Conflicts of interest
In every contract or agreement to be made or entered into, or
accepted by or on behalf of the Airports Authority, there shall be
inserted an express condition that no member of a Board of Review shall
be admitted to any share or part of such contract or agreement, or to
any benefit to arise thereupon.
(11) Removal
A member of the Board of Review shall be subject to removal only for
cause by a two-thirds vote of the board of directors.
(g) Certain actions to be taken by regulation
Any action of the Airports Authority changing, or having the effect
of changing, the hours of operation of or the type of aircraft serving
either of the Metropolitan Washington Airports may be taken only by
regulation of the Airports Authority.
(h) Limitation on authority
If the Board of Review established under subsection (f) of this
section is unable to carry out its functions under this subchapter by
reason of a judicial order, the Airports Authority thereafter shall have
no authority to perform any of the actions that are required by
paragraph /1/ (f)(4) of this section to be submitted to the Board of
Review.
(i) Review of contracting procedures
The Comptroller General shall review contracts of the Airports
Authority to determine whether such contracts were awarded by procedures
which follow sound Government contracting principles and are in
compliance with section 2454(c)(4) of this Appendix. The Comptroller
General shall submit periodic reports of the conclusions reached as a
result of such review to the Committee on Public Works and
Transportation of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(Pub. L. 99-500, title VI, 6007, Oct. 18, 1986, 100 Stat. 1783-379,
and Pub. L. 99-591, title VI, 6007, Oct. 30, 1986, 100 Stat. 3341-382;
Pub. L. 102-240, title VII, 7002, Dec. 18, 1991, 105 Stat. 2197.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1506.
1991 -- Subsec. (f)(1). Pub. L. 102-240, 7002(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''The board
of directors shall be subject to review of its actions and to requests,
in accordance with this subsection, by a Board of Review of the Airports
Authority. Such Board of Review shall be established by the board of
directors and shall consist of the following, in their individual
capacities, as representatives of users of the Metropolitan Washington
Airports:
''(A) two members of the Public Works and Transportation Committee
and two members of the Appropriations Committee of the House of
Representatives from a list provided by the Speaker of the House;
''(B) two members of the Commerce, Science, and Transportation
Committee and two members of the Appropriations Committee of the Senate
from a list provided by the President pro tempore of the Senate; and
''(C) one member chosen alternately from members of the House of
Representatives and members of the Senate, from a list provided by the
Speaker of the House or the President pro tempore of the Senate,
respectively.
The members of the Board of Review shall elect a chairman. A member
of the House of Representatives or the Senate from Maryland or Virginia
and the Delegate from the District of Columbia may not serve on the
Board of Review.''
Subsec. (f)(2). Pub. L. 102-240, 7002(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''Members of
the Board of Review appointed under subparagraphs (A) and (B) of
paragraph (1) shall be appointed for terms of six years, except that of
the members first appointed, one member under each of subparagraphs (A)
and (B) shall be appointed for a term of two years and one member under
each of subparagraphs (A) and (B) shall be appointed for a term of four
years. Members of the Board of Review appointed under subparagraph (C)
shall be appointed for terms of two years. A vacancy in the Board shall
be filled in the same manner in which the original appointment was made.
Any member appointed to fill a vacancy before the expiration of the
term for which his or her predecessor was appointed shall be appointed
only for the remainder of such term.''
Subsec. (f)(3). Pub. L. 102-240, 7002(c), inserted ''and for the
selection of a Chairman'' after ''proxy voting''.
Subsec. (f)(4). Pub. L. 102-240, 7002(d)(3), substituted ''Review
procedure'' for ''Disapproval procedure'' as heading.
Subsec. (f)(4)(B)(i). Pub. L. 102-240, 7002(d)(1)(A), inserted before
semicolon ''and any amendments thereto''.
Subsec. (f)(4)(B)(ii). Pub. L. 102-240, 7002(d)(1)(B), inserted
before semicolon ''and an annual plan for issuance of bonds and any
amendments to such plan''.
Subsec. (f)(4)(B)(iv). Pub. L. 102-240, 7002(d)(1)(C), substituted a
semicolon for '', including any proposal for land acquisition; and''.
Subsec. (f)(4)(B)(v) to (viii). Pub. L. 102-240, 7002(d)(1)(D), (E),
substituted a semicolon for period at end of cl. (v) and added cls.
(vi) to (viii).
Subsec. (f)(4)(C) to (E). Pub. L. 102-240, 7002(d)(2), added
subpars. (C) to (E) and struck out former subpars. (C) and (D) which
read as follows:
''(C) 30-day disapproval period. -- If the Board of Review does not
disapprove an action within 30 days of its submission under this
paragraph, the action may take effect. If the Board of Review
disapproves any such action, it shall notify the Airports Authority and
shall give reasons for the disapproval.
''(D) Effect of disapproval. -- An action disapproved under this
paragraph shall not take effect. Unless an annual budget for a fiscal
year has taken effect in accordance with this paragraph, the Airports
Authority may not obligate or expend any money in such fiscal year,
except for (i) debt service on previously authorized obligations, and
(ii) obligations and expenditures for previously authorized capital
expenditures and routine operating expenses.''
Subsec. (f)(5) to (9). Pub. L. 102-240, 7002(e), added par. (5) and
redesignated former pars. (5) to (8) as (6) to (9), respectively.
Subsec. (f)(10), (11). Pub. L. 102-240, 7002(f), added pars. (10)
and (11).
Subsec. (h). Pub. L. 102-240, 7002(g), inserted ''thereafter'' before
''shall have no''.
Subsec. (i). Pub. L. 102-240, 7002(h), added subsec. (i).
Section 7004 of Pub. L. 102-240 provided that:
''(a) Termination of Existing Board and Establishment of New Board.
-- Except as provided in subsection (b), the Board of Review of the
Metropolitan Washington Airports Authority in existence on the day
before the date of the enactment of this Act (Dec. 18, 1991) shall
terminate on such date of enactment and the board of directors of such
Airports Authority shall establish a new Board of Review in accordance
with the Metropolitan Washington Airports Act of 1986 (49 App. U.S.C.
2451 et seq.), as amended by this Act.
''(b) Protection of Certain Actions. -- The provisions of section
6007(h) of the Metropolitan Washington Airports Act (49 U.S.C. App.
2456(h)) in effect on the day before the date of the enactment of this
Act (Dec. 18, 1991) shall apply only to those actions specified in
section 6007(f)(4)(B) of such Act that would have been submitted to the
Board of Review of the Metropolitan Washington Airports Authority on or
after June 17, 1991, the date on which the Board of Review of the
Airports Authority was declared unable to carry out certain of its
functions pursuant to judicial order. Actions taken by the Airports
Authority and submitted to the Board of Review pursuant to section
6007(f)(4) of such Act prior to June 17, 1991, and not disapproved,
shall remain in effect and shall not be set aside solely by reason of a
judicial order invalidating certain functions of the Board of Review.
''(c) Limitation on Authority of Airports Authority. -- The
Metropolitan Washington Airports Authority shall have no authority to
perform any of the actions that are required by section 6007(f)(4) of
the Metropolitan Washington Airports Act (49 App. U.S.C. 2456(f)(4)), as
amended by this Act, to be submitted to the Board of Review after the
date of the enactment of this Act (Dec. 18, 1991) until the board of
directors of the Airports Authority establishes a new Board of Review in
accordance with such Act (49 App. U.S.C. 2451 et seq.) and appoints the
9 members of the Board of Review.''
/1/ So in original. Probably should be ''subsection''.
49 USC 2457. Federal employees at Metropolitan Washington Airports
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Employee protection
Not later than the date the lease under section 2454 of this Appendix
takes effect, the Secretary shall ensure that the Airports Authority has
established arrangements to protect the employment interests of
employees during the 5-year period beginning on such date. These
arrangements shall include provisions --
(1) which ensure that the Airports Authority will adopt labor
agreements in accordance with the provisions of subsection (b) of this
section;
(2) for the transfer and retention of all employees who agree to
transfer to the Airports Authority in their same positions for the
5-year period commencing on the date the lease under section 2454 of
this Appendix takes effect except in cases of reassignment, separation
for cause, resignation, or retirement;
(3) for the payment by the Airports Authority of basic and premium
pay to transferred employees, except in cases of separation for cause,
resignation, or retirement, for 5 years commencing on the date the lease
takes effect at or above the rates of pay in effect for such employees
on such date;
(4) for credit during the 5-year period commencing on the date the
lease takes effect for accrued annual and sick leave and seniority
rights which have been accrued during the period of Federal employment
by transferred employees retained by the Airports Authority; and
(5) for an offering of not less than one life insurance and three
health insurance programs for transferred employees retained by the
Airports Authority during the 5-year period beginning on the date the
lease takes effect which are reasonably comparable with respect to
employee premium cost and coverage to the Federal health and life
insurance programs available to employees on the day before such date.
(b) Labor agreements
(1) Adoption
The Airports Authority shall adopt all labor agreements which are in
effect on the date the lease under section 2454 of this Appendix takes
effect. Such agreements shall continue in effect for the 5-year period
commencing on such date, unless the agreement provides for a shorter
duration or the parties agree to the contrary before the expiration of
that 5-year period. Such agreements shall be renegotiated during the
5-year period, unless the parties agree otherwise. Any labor-management
negotiation impasse declared before the date the lease takes effect
shall be settled in accordance with chapter 71 of title 5.
(2) Continuation
The arrangements made pursuant to this section shall assure, during
the 50-year lease term, the continuation of all collective bargaining
rights enjoyed by transferred employees retained by the Airports
Authority.
(c) Rights of terminated employees
Any transferred employee whose employment with the Airports Authority
is terminated during the 5-year period beginning on the date the lease
under section 2454 of this Appendix takes effect shall be entitled, as a
condition of any lease entered into in accordance with section 2454 of
this Appendix, to rights and benefits to be provided by the Airports
Authority that are similar to those such employee would have had under
Federal law if termination had occurred immediately before such date.
(d) Annual and sick leave
Any employee who transfers to the Airports Authority under this
section shall not be entitled to lump-sum payment for unused annual
leave under section 5551 of title 5, but shall be credited by the
Airports Authority with the unused annual leave balance on the date the
lease under section 2454 of this Appendix takes effect, along with any
unused sick leave balance on such date. During the 5-year period
beginning on such date, annual and sick leave shall be earned at the
same rates permitted on the day before such date, and observed official
holidays shall be the same as those specified in section 6103 of title
5.
(e) Civil service retirement
Any Federal employee who transfers to the Airports Authority and who
on the day before the date the lease under section 2454 of this Appendix
takes effect is subject to subchapter III of chapter 83 of title 5 or
chapter 84 of such title shall, so long as continually employed by the
Airports Authority without a break in service, continue to be subject to
such subchapter or chapter, as the case may be. Employment by the
Airports Authority without a break in continuity of service shall be
considered to be employment by the United States Government for purposes
of such subchapter and chapter. The Airports Authority shall be the
employing agency for purposes of such subchapter and chapter and shall
contribute to the Civil Service Retirement and Disability Fund such sums
as are required by such subchapter and chapter.
(f) Separated employees
An employee who does not transfer to the Airports Authority and who
does not otherwise remain a Federal employee shall be entitled to all of
the rights and benefits available under Federal law for separated
employees, except that severance pay shall not be payable to an employee
who does not accept an offer of employment from the Airports Authority
of work substantially similar to that performed for the Federal
Government.
(g) Access to records
The Airports Authority shall allow representatives of the Secretary
adequate access to employees and employee records of the Airports
Authority when needed for the performance of functions related to the
period before the date the lease under section 2454 of this Appendix
takes effect. The Secretary shall provide the Airports Authority access
to employee records of transferring employees for appropriate purposes.
(Pub. L. 99-500, title VI, 6008, Oct. 18, 1986, 100 Stat. 1783-382,
and Pub. L. 99-591, title VI, 6008, Oct. 30, 1986, 100 Stat. 3341-385.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1507.
49 USC 2458. Relationship to and effect of other laws
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Other laws
In order to assure that the Airports Authority has the same
proprietary powers and is subject to the same restrictions with respect
to Federal law as any other airport except as otherwise provided in this
subchapter, during the period that the lease authorized by section 2454
of this Appendix is in effect --
(1) the Metropolitan Washington Airports shall be considered public
airports for purposes of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2201 et seq.); and
(2) the Acts entitled ''An Act to provide for the administration of
the Washington National Airport, and for other purposes'', approved June
29, 1940 (54 Stat. 686) (49 App. U.S.C. 2401 et seq.), ''An Act to
authorize the construction, protection, operation, and maintenance of a
public airport in or in the vicinity of the District of Columbia'',
approved September 7, 1950 (64 Stat. 770) (49 App. U.S.C. 2421 et seq.),
and ''An act making supplemental appropriations for the support of the
Government for the fiscal year ending June 30, 1941, and for other
purposes'', approved October 9, 1940 (54 Stat. 1030), shall not apply to
the operation of the Metropolitan Washington Airports, and the Secretary
shall be relieved of all responsibility under those Acts.
(b) Inapplicability of certain laws
The Metropolitan Washington Airports and the Airports Authority shall
not be subject to the requirements of any law solely by reason of the
retention by the United States of the fee simple title to such airports
or by reason of the authority of the Board of Review under subsection
/1/ 2456(f) of this Appendix.
(c) Police power
The Commonwealth of Virginia shall have concurrent police power
authority over the Metropolitan Washington Airports, and the courts of
the Commonwealth of Virginia may exercise jurisdiction over Washington
National Airport.
(d) Planning
(1) In general
The authority of the National Capital Planning Commission under
section 71d of title 40 shall not apply to the Airports Authority.
(2) Consultation
The Airports Authority shall consult --
(A) with the National Capital Planning Commission and the Advisory
Council on Historic Preservation before undertaking any major
alterations to the exterior of the main terminal at Washington Dulles
International Airport, and
(B) with the National Capital Planning Commission before undertaking
development that would alter the skyline of Washington National Airport
when viewed from the opposing shoreline of the Potomac River or from the
George Washington Parkway.
(e) Operation limitations
(1) High density rule
The Administrator may not increase the number of instrument flight
rule takeoffs and landings authorized for air carriers by the High
Density Rule (14 C.F.R. 93.121 et seq.) at Washington National Airport
on October 18, 1986, and may not decrease the number of such takeoffs
and landings except for reasons of safety.
(2) Annual passenger limitations
The Federal Aviation Administration air traffic regulation entitled
''Modification of Allocation: Washington National Airport'' (14 C.F.R.
93.124) shall cease to be in effect on October 18, 1986.
(Pub. L. 99-500, title VI, 6009, Oct. 18, 1986, 100 Stat. 1783-384,
and Pub. L. 99-591, title VI, 6009, Oct. 30, 1986, 100 Stat. 3341-387.)
The Airport and Airway Improvement Act of 1982, referred to in
subsec. (a)(1), is title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat.
671, as amended, which is classified principally to chapter 31 ( 2201
et seq.) of this Appendix. For complete classification of this Act to
the Code, see Short Title note set out under section 2201 of this
Appendix and Tables.
The Act entitled ''An Act to provide for the administration of the
Washington National Airport, and for other purposes'', approved June 29,
1940 (54 Stat. 686), referred to in subsec. (a)(2), is act June 29,
1940, ch. 444, 54 Stat. 686, as amended, which is classified to
subchapter I ( 2401 et seq.) of this chapter.
The Act entitled ''An Act to authorize the construction, protection,
operation, and maintenance of a public airport on or in the vicinity of
the District of Columbia'', approved September 7, 1950 (64 Stat. 770),
referred to in subsec. (a)(2), is act Sept. 7, 1950, ch. 905, 64
Stat. 770, as amended, which is classified to subchapter II ( 2421 et
seq.) of this chapter.
The Act entitled ''An act making supplemental appropriations for the
support of the Government for the fiscal year ending June 30, 1941, and
for other purposes'', approved October 9, 1940 (54 Stat. 1030), referred
to in subsec. (a)(2), is act Oct. 9, 1940, ch. 780, 54 Stat. 1030.
For complete classification of this Act to the Code, see Tables.
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1508.
/1/ So in original. Probably should be ''section''.
49 USC 2459. Authority to negotiate extension of lease
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary and the Airports Authority may at any time negotiate an
extension of the lease entered into under section 2454(a) of this
Appendix.
(Pub. L. 99-500, title VI, 6010, Oct. 18, 1986, 100 Stat. 1783-385,
and Pub. L. 99-591, title VI, 6010, Oct. 30, 1986, 100 Stat. 3341-388.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1509.
49 USC 2460. Separability
TITLE 49, APPENDIX -- TRANSPORTATION
Except as provided in section 2456(h) of this Appendix, if any
provision of this subchapter or the application thereof to any person or
circumstance, is held invalid, the remainder of this subchapter and the
application of such provision to other persons or circumstances shall
not be affected thereby.
(Pub. L. 99-500, title VI, 6011, Oct. 18, 1986, 100 Stat. 1783-385,
and Pub. L. 99-591, title VI, 6011, Oct. 30, 1986, 100 Stat. 3341-388.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1510.
49 USC 2461. Nonstop flights
TITLE 49, APPENDIX -- TRANSPORTATION
An air carrier may not operate an aircraft nonstop in air
transportation between Washington National Airport and another airport
that is more than 1,250 statute miles away from Washington National
Airport.
(Pub. L. 99-500, title VI, 6012, Oct. 18, 1986, 100 Stat. 1783-385,
and Pub. L. 99-591, title VI, 6012, Oct. 30, 1986, 100 Stat. 3341-388.)
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Section is also set out in D.C. Code, 7-1511.
49 USC CHAPTER 34 -- MOTOR CARRIER SAFETY
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2501. Congressional statement of purpose.
2502. Congressional findings.
2503. Definitions.
2504. Duties.
2505. Federal regulations.
(a) Authority of Secretary.
(b) Elimination or modification of existing motor carrier safety
rules.
(c) Procedure; considerations.
(d) Delays; notification of Congress; transmittal of current data.
(e) Prior regulations.
(f) Waiver; schoolbuses; publication.
(g) Judicial review.
(h) Commercial zone exemption.
2506. Submission of State regulations for review.
(a) Prior State law or regulation submitted to Secretary and Safety
Panel.
(b) Recent State law or regulation submitted to Secretary and Safety
Panel.
(c) Guidelines by Secretary.
(d) Submission of additional information to Safety Panel.
(e) Failure to submit.
2507. Review and preemption of State regulations.
(a) Prohibition on State laws; after 60-month period.
(b) Analysis of laws and regulations; Safety Panel; determinations;
notification of Secretary.
(c) Review; Secretary; rulemaking proceeding; effect of State
laws; stringency of laws; determinations of Safety Panel; burden on
interstate commerce.
(d) Petition; waiver; grant of.
(e) Consolidation of rulemaking proceedings.
(f) Notification of States by Secretary.
(g) Judicial review; finality of review; remedies under other laws.
(h) Extension of periods.
(i) Secretary; review on own initiative; after 48-month period.
2508. Commercial Motor Vehicle Safety Regulatory Review Panel.
(a) Establishment of panel.
(b) Functions.
(c) Composition.
(d) Vacancies; quorum; Chairman; meetings; term of members;
compensation.
(e) Detail of personnel of Department of Transportation.
(f) Office space, supplies, equipment, staff, etc.; Secretary to
provide.
(g) Hearings; oaths.
(h) Temporary and intermittent services.
2509. Inspection.
(a) Requirement under Federal regulations.
(b) Establishment of Federal standards.
(c) Rulemaking; comments on procedures; amendments to regulations;
effective date.
(d) Effect on State laws and regulations; preemption.
(e) Periodic inspections; adequacy of; random inspection.
(f) Effect of Federal standards.
(g) Federally leased commercial motor vehicles.
2510. Powers of Secretary.
(a) Demonstration and training activities.
(b) Authority of Secretary; delegation of authority to States.
(c) Consultation with employers and employees.
2511. Duty to investigate; complaints; protection of complainants.
(a) Authority of Secretary.
(b) Disclosure of identity of complainant; protection.
2511a. Compliance review priority.
2512. Certification of safety fitness.
(a) Establishment of procedures.
(b) Report to Congress.
(c) Supersedure of Federal rules.
(d) Finding of unfitness; Interstate Commerce Commission.
2513. Heavy truck study.
2514. Truck occupant protection.
2515. Study of safety performance of commercial motor vehicles.
2516. Study of safety-related devices.
2517. Safety study; Federal coordination.
(a) Health hazards; protecting operators of motor vehicles; report
to Congress.
(b) Coordination; minimization of paperwork burdens.
2518. Relationship to other laws.
2519. Limitation on authority.
(a) Regulations.
(b) Manufacture of commercial motor vehicles.
2520. Oversight.
2521. Maintenance and inspection of brake systems.
(a) Initiation of rulemaking proceeding.
(b) Regulations.
49 USC 2501. Congressional statement of purpose
TITLE 49, APPENDIX -- TRANSPORTATION
The purposes of this chapter are to promote the safe operation of
commercial motor vehicles, to minimize dangers to the health of
operators of commercial motor vehicles and other employees whose
employment directly affects motor carrier safety, and to assure
increased compliance with traffic laws and with the commercial motor
vehicle safety and health rules, regulations, standards, and orders
issued pursuant to this Act.
(Pub. L. 98-554, title II, 202, Oct. 30, 1984, 98 Stat. 2832.)
This Act, referred to in text, is Pub. L. 98-554, Oct. 30, 1984, 98
Stat. 2829. Title I ( 101 et seq.) of this Act, known as the Tandem
Truck Safety Act of 1984, amended the Surface Transportation Assistance
Act of 1982 (49 U.S.C. App. 2301 et seq.). Title II ( 201 et seq.) of
this Act, known as the Motor Carrier Safety Act of 1984, enacted this
chapter. For complete classification of this Act to the Code, see Short
Title of 1984 Amendment note set out under section 2301 of this
Appendix, Short Title note below, and Tables.
Pub. L. 100-690, title IX, 9101(a), Nov. 18, 1988, 102 Stat. 4527,
provided that: ''This subtitle (subtitle B ( 9101-9115) of title IX of
Pub. L. 100-690, enacting section 2521 of this Appendix, amending
sections 2505 and 2507 of this Appendix and sections 10530, 10732,
10922, 10927, 11701, 11702, and 11707 of Title 49, Transportation,
enacting provisions set out as notes under sections 2505, 2510, 2521,
and 2706 of this Appendix and sections 3102 and 10530 of Title 49, and
amending provisions set out as a note under section 10927 of Title 49)
may be cited as the 'Truck and Bus Safety and Regulatory Reform Act of
1988'.''
Section 201 of title II of Pub. L. 98-554 provided that: ''This
title (enacting this chapter, section 10530 of Title 49, Transportation,
and provisions set out as notes under sections 2301 and 2501 of this
Appendix and sections 521, 10530, and 10922 of Title 49, amending
sections 2301, 2313, and 2314 of this Appendix, section 2342 of Title
28, Judiciary and Judicial Procedure, sections 507, 521, 526, 3102,
10322, 10526, 10734, 10735, 10922, 10927, 10934, 11348, 11701, 11702,
11901, and 11914 of Title 49, and provisions set out as a note under
section 10927 of Title 49) may be cited as the 'Motor Carrier Safety Act
of 1984'.''
Pub. L. 101-500, 15, Nov. 3, 1990, 104 Stat. 1218, provided that:
''(a) Short Title. -- This section may be cited as the 'Motor Carrier
Safety Act of 1990'.
''(b) Motor Carrier Safety Ratings. --
''(1) (Enacted section 1814 of this Appendix.)
''(2) Public availability of safety ratings. -- Not later than 1 year
after the date of enactment of this Act (Nov. 3, 1990), the Secretary,
in consultation with the Interstate Commerce Commission, shall issue a
final rule amending the Federal motor carrier safety regulations
contained 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 to periodically update, the safety ratings of motor carriers
which have been assigned unsatisfactory safety ratings by the Secretary.
''(c) Imminent Hazards to Safety. -- Not later than January 1 of 1992
and 1993, the Secretary shall submit to Congress a report describing the
actions taken under section 521(b)(5) of title 49, United States Code,
with respect to any violation, or combination of violations, that poses
an imminent hazard to safety.
''(d) Procedures To Ensure Timely Correction of Safety Violations.
--
''(1) Issuance of final rule. -- The Secretary shall, within 9 months
after the date of enactment of this Act (Nov. 3, 1990), issue a final
rule establishing procedures to ensure the proper and timely correction
of commercial motor vehicle safety violations noted during inspections
funded with moneys authorized under section 404 of the Surface
Transportation Assistance Act of 1982 (49 U.S.C. App. 2304) to carry out
the motor carrier safety assistance program.
''(2) Verification program. -- Such final rule shall establish a
verification program for Federal inspectors and States which are
participating in the motor carrier safety assistance program to ensure
that commercial motor vehicles and operators thereof found in violation
of safety requirements have subsequently been brought into compliance
with such safety requirements. The final rule shall, among other
things, institute --
''(A) a nationwide system for random reinspection of the commercial
motor vehicles and operators thereof that have been declared
out-of-service as a result of such safety violations, the main purpose
of which system shall be to verify that the violations have been
corrected on a timely basis;
''(B) a program of accountability for correcting all safety
violations, which shall provide that --
''(i) the operator of a commercial motor vehicle for which a safety
violation has been noted shall be issued a form prescribed by the
Secretary;
''(ii) the making of the repairs necessary to correct such violation
and the date, location, and time of such repairs shall be certified on
such form by the person making such repairs;
''(iii) the motor carrier responsible for such commercial motor
vehicle or operator shall certify on such form that, based on the
knowledge of the carrier, the repairs necessary to correct such
violation have been made; and
''(iv) appropriate State penalties shall be assessed for false
statements on such forms or for failure to return such forms to the
appropriate State entity; and
''(C) a system for ensuring that appropriate State penalties are
assessed for failure to correct any such safety violation.
''(e) Serious Safety Violations. --
''(1) Findings. -- Congress finds that --
''(A) the present system for ensuring compliance with Federal motor
carrier safety laws and regulations needs improvement;
''(B) relying primarily upon voluntary compliance methods has not
resulted in an acceptable level of commercial motor vehicle safety; and
''(C) improvements in the existing enforcement authorities are
required to bring about greater safety.
''(2) (Amended section 521(b)(1) of Title 49, Transportation.)
''(f) Truck Visibility. --
''(1) Initiation of rulemaking proceeding. -- Not later than 90 days
after the date of enactment of this Act (Nov. 3, 1990), the Secretary
shall initiate a rulemaking proceeding on the need to adopt methods for
making trucks or any category of trucks more visible to motorists so as
to reduce accidents, particularly at night, taking into consideration
such factors as truck illumination and truck color.
''(2) Completion of proceeding. -- The proceeding under this
subsection shall be completed not later than 2 years after the date of
enactment of this Act or, if the Secretary determines that it is not
feasible to complete the proceeding within such 2-year period, such
proceeding may be extended by the Secretary for up to 1 additional year.
''(g) Definitions. -- As used in this section --
''(1) Commercial motor vehicle. -- The term 'commercial motor
vehicle' has the meaning given such term in section 204(1) of the Motor
Carrier Safety Act of 1984 (49 U.S.C. App. 2503(1)).
''(2) Truck. -- The term 'truck' means a commercial motor vehicle
that meets the description set forth in section 204(1)(A) or (C) of the
Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2503(1)(A) or (C)).''
49 USC 2502. Congressional findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds that --
(1) it is in the public interest to enhance commercial motor vehicle
safety and thereby to reduce highway fatalities, injuries, and property
damage;
(2) improved, more uniform commercial motor vehicle safety measures
and strengthened enforcement would reduce the number of fatalities and
injuries and the level of property damage related to commercial motor
vehicle operations;
(3) enhanced protection of the health of commercial motor vehicle
operators is in the public interest; and
(4) interested State governments can provide valuable assistance to
the Federal Government in assuring that commercial motor vehicle
operations are conducted safely and healthfully.
(Pub. L. 98-554, title II, 203, Oct. 30, 1984, 98 Stat. 2832.)
49 USC 2503. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this chapter, the term --
(1) ''commercial motor vehicle'' means any self-propelled or towed
vehicle used on highways in interstate commerce to transport passengers
or property --
(A) if such vehicle has a gross vehicle weight rating of 10,001 or
more pounds;
(B) if such vehicle is designed to transport more than 15 passengers,
including the driver; or
(C) if such vehicle is used in the transportation of materials found
by the Secretary to be hazardous for the purposes of the Hazardous
Materials Transportation Act (49 U.S.C. App. 1801-1812) and are
transported in a quantity requiring placarding under regulations issued
by the Secretary under such Act;
(2) ''employee'' means --
(A) an operator of a commercial motor vehicle (including an
independent contractor while in the course of operating a commercial
motor vehicle);
(B) a mechanic;
(C) a freight handler; and
(D) any individual other than an employer;
who is employed by an employer and who in the course of his or her
employment directly affects commercial motor vehicle safety, but such
term does not include an employee of the United States, any State, or
any political subdivision of a State who is acting within the course of
such employment;
(3) ''employer'' means any person engaged in a business affecting
interstate commerce who owns or leases a commercial motor vehicle in
connection with that business, or assigns employees to operate it, but
such term does not include the United States, any State, or any
political subdivision of a State;
(4) ''interstate commerce'' means trade, traffic, or transportation
in the United States which is between a place in a State and a place
outside of such State (including a place outside of the United States)
or is between two places in a State through another State or a place
outside of the United States;
(5) ''intrastate commerce'' means any trade, traffic, or
transportation in any State which is not described in paragraph (4);
(6) ''person'' means any individual, partnership, association,
corporation, business trust, and any other organized group of
individuals;
(7) ''regulation'' includes any rule, standard, and order;
(8) ''Safety Panel'' means the Commercial Motor Vehicle Safety
Regulatory Review Panel established under section 2508 of this Appendix;
(9) ''Secretary'' means the Secretary of Transportation;
(10) ''State'' means a State of the United States and the District of
Columbia and, for purposes of sections 2505, 2506, 2507, 2509, and 2515
of this Appendix, includes a political subdivision of a State;
(11) ''State law'' includes any law enacted or adopted by a political
subdivision of a State;
(12) ''State regulation'' includes any regulation issued by a
political subdivision of a State; and
(13) ''United States'' means the 50 States and the District of
Columbia.
(Pub. L. 98-554, title II, 204, Oct. 30, 1984, 98 Stat. 2833.)
The Hazardous Materials Transportation Act, referred to in par. (1)(
C), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as
amended, which is classified principally to chapter 27 ( 1801 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of this Appendix and
Tables.
49 USC 2504. Duties
TITLE 49, APPENDIX -- TRANSPORTATION
Each employer and employee shall comply with regulations pertaining
to commercial motor vehicle safety issued by the Secretary under this
chapter which are applicable to his or her own actions and conduct.
(Pub. L. 98-554, title II, 205, Oct. 30, 1984, 98 Stat. 2834.)
49 USC 2505. Federal regulations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority of Secretary
Not later than 18 months after October 30, 1984, the Secretary shall
issue regulations pertaining to commercial motor vehicle safety. Such
regulation shall establish minimum Federal safety standards for
commercial motor vehicles and shall, at a minimum, ensure that --
(1) commercial motor vehicles are safely maintained, equipped,
loaded, and operated;
(2) the responsibilities imposed upon operators of commercial motor
vehicles do not impair their ability to operate such vehicles safely;
(3) the physical condition of operators of commercial motor vehicles
is adequate to enable them to operate such vehicles safely; and
(4) the operation of commercial motor vehicles does not have
deleterious effects on the physical condition of such operators.
(b) Elimination or modification of existing motor carrier safety
rules
The Secretary shall not eliminate or modify any existing motor
carrier safety rule pertaining exclusively to the maintenance,
equipment, loading or operation (including routing regulations) of
vehicles carrying materials found to be hazardous for the purposes of
the Hazardous Materials Transportation Act (49 U.S.C. App. 1801-1812)
unless and until an equivalent or more stringent regulation has been
promulgated under the Hazardous Materials Transportation Act.
(c) Procedure; considerations
(1) All regulations under this section shall be issued in accordance
with section 553 of title 5 (without regard to sections 556 and 557 of
such title), except that the time periods specified in this subsection
shall apply to the issuance of such regulations.
(2) Before issuing such regulations, the Secretary shall, to the
extent practicable and consistent with the purposes of this Act,
consider (A) costs and benefits, and (B) State laws and regulations
pertaining to commercial motor vehicle safety in order to minimize
unnecessary preemption of such State laws and regulations under this
Act.
(d) Delays; notification of Congress; transmittal of current data
If the Secretary determines that any proceeding initiated to issue
any regulation under this section will not be completed within 18 months
after October 30, 1984, the Secretary shall immediately notify the
Congress and shall furnish the reasons for the delay, information
regarding the resources assigned, and the projected completion date for
any such proceeding. The Secretary shall transmit to the Congress
current data regarding the information specified in the preceding
sentence at the end of every 60-day period thereafter during which any
such proceeding remains incomplete.
(e) Prior regulations
If the Secretary does not issue regulations pertaining to commercial
motor vehicle safety in accordance with this section, regulations
pertaining to commercial motor vehicle safety which the Secretary issued
before October 30, 1984, and in effect on October 30, 1984, shall, for
purposes of this chapter, be deemed to be regulations issued by the
Secretary under this section.
(f) Waiver; schoolbuses; publication
After notice and an opportunity for comment, the Secretary may waive,
in whole or in part, application of any regulation issued under this
section with respect to any person or class of persons if the Secretary
determines that such waiver is not contrary to the public interest and
is consistent with the safe operation of commercial motor vehicles.
Under this subsection, the Secretary shall waive application of the
regulations issued under this section with respect to schoolbuses, as
defined in section 1391(14) of title 15, unless the Secretary determines
that making such regulations applicable to such schoolbuses is necessary
for public safety taking into account all Federal and State laws
applicable to such schoolbuses. Any waiver authorized under this
subsection shall be published in the Federal Register, together with the
reasons for such waiver.
(g) Judicial review
Any final agency action taken under this section shall be subject to
judicial review under chapter 7 of title 5.
(h) Commercial zone exemption
(1) General rule
The Secretary may not --
(A) exempt any person or commercial motor vehicle from complying with
any regulation pertaining to commercial motor vehicle safety, or
(B) waive application of any such regulation with respect to any
person or commercial motor vehicle,
solely on account that the operations of such person or vehicle are
entirely in a municipality or commercial zone thereof.
(2) Grandfather clause
(A) General rule
If any person was authorized to operate in the United States
throughout the 1-year period ending on November 18, 1988, a commercial
motor vehicle in a municipality or commercial zone thereof and if such
person is otherwise qualified to operate such a vehicle, such person may
operate such a vehicle entirely in a municipality or commercial zone
thereof notwithstanding paragraph (1), notwithstanding any Federal
minimum age requirement for operation of such a vehicle, and
notwithstanding any medical or physical condition of such person.
(B) Definition of medical or physical condition
For purposes of this paragraph, the term ''medical or physical
condition'' means a medical or physical condition of a person --
(i) which would prevent such person from operating a commercial motor
vehicle under the commercial motor vehicle safety regulations contained
in title 49 of the Code of Federal Regulations,
(ii) which existed on July 1, 1988,
(iii) which has not substantially worsened, and
(iv) which does not involve alcohol or drug abuse.
(3) Limitation on statutory construction
Nothing in this subsection shall be construed as having any effect on
any State commercial motor vehicle safety law pertaining to intrastate
commerce.
(Pub. L. 98-554, title II, 206, Oct. 30, 1984, 98 Stat. 2834; Pub.
L. 100-690, title IX, 9102(a), Nov. 18, 1988, 102 Stat. 4528.)
The Hazardous Materials Transportation Act, referred to in subsec.
(b), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as
amended, which is classified principally to chapter 27 ( 1801 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of this Appendix and
Tables.
This Act, referred to in subsec. (c)(2), is Pub. L. 98-554, Oct.
30, 1984, 98 Stat. 2829. Title I ( 101 et seq.) of this Act, known as
the Tandem Truck Safety Act of 1984, amended the Surface Transportation
Assistance Act of 1982 (49 U.S.C. App. 2301 et seq.). Title II ( 201 et
seq.) of this Act, known as the Motor Carrier Safety Act of 1984,
enacted this chapter. For complete classification of this Act to the
Code, see Short Title of 1984 Amendment note set out under section 2301
of this Appendix, Short Title note set out under section 2501 of this
Appendix, and Tables.
1988 -- Subsec. (h). Pub. L. 100-690 added subsec. (h) and struck
out former subsec. (h) (of Pub. L. 98-554, 206) which had added a
subsec. (d) to section 3102 of Title 49, Transportation. See Savings
Provision note below.
Amendment by Pub. L. 100-690 not to be construed as having any
effect on enactment of subsec. (d) of section 3102 of Title 49,
Transportation, see section 9102(c) of Pub. L. 100-690, set out as a
note under section 3102 of this title.
Section 9103 of Pub. L. 100-690 provided that:
''(a) Study. -- The Secretary shall conduct a study of the hours of
service regulations pertaining to operators of commercial motor vehicles
as in effect under title 49 of the Code of Federal Regulations on the
date of the enactment of this Act (Nov. 18, 1988). The purpose of such
study shall be to determine if there is any relationship among (1) such
regulations, (2) operator fatigue, and (3) the frequency of serious
accidents involving such vehicles.
''(b) Report. -- Not later than 2 years after the date of the
enactment of this Act (Nov. 18, 1988), the Secretary shall submit a
report to Congress on the results of the study conducted under this
section together with such recommendations (including legislative
recommendations) for modifying the regulations referred to in subsection
(a) as the Secretary determines appropriate taking into account the
results of such study.''
Section 9104 of Pub. L. 100-690 provided that:
''(a) Rulemaking Proceeding. -- Not later than 3 months after the
date of the enactment of this Act (Nov. 18, 1988), the Secretary shall
initiate a rulemaking proceeding on the need to adopt methods for
improving safety with respect to compliance by operators of commercial
motor vehicles with hours of service regulations of the Department of
Transportation, including the use of onboard monitoring devices on
commercial motor vehicles to record speed, driving time, and other
information. Such proceeding shall be completed within 1 year after the
date of the enactment of this Act.
''(b) Limitation on the Use of Monitoring Devices. -- Any rule which
the Secretary issues regarding the use of onboard monitoring devices on
commercial motor vehicles shall ensure that such devices are not used
for the purpose of harassment of operators of such vehicles, but such
devices may be used for the purpose of monitoring the productivity of
such operators.''
Section 9115 of Pub. L. 100-690 provided that: ''For purposes of
this subtitle (subtitle B of title IX of Pub. L. 100-690, see Short
Title of 1988 Amendment note set out under section 2501 of this
Appendix) --
''(1) Commercial motor vehicle, employee, and regulation. -- The
terms 'commercial motor vehicle', 'employee', and 'regulation' have the
meaning such terms have under section 204 of the Motor Carrier Safety
Act of 1984 (49 App. U.S.C. 2503).
''(2) Secretary. -- The term 'Secretary' means the Secretary of
Transportation.''
49 USC 2506. Submission of State regulations for review
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prior State law or regulation submitted to Secretary and Safety
Panel
Any State which enacts, adopts, issues, or has in effect any law or
regulation pertaining to commercial motor vehicle safety and is
interested in having in effect and enforcing such law or regulation
after the last day of the 60-month period beginning on October 30, 1984,
shall, before the last day of the 6-month period beginning on October
30, 1984, submit to the Secretary and the Safety Panel a copy of such
law or regulation.
(b) Recent State law or regulation submitted to Secretary and Safety
Panel
Any State which enacts, adopts, or issues any law or regulation
pertaining to commercial motor vehicle safety after the last day of the
6-month period beginning on October 30, 1984, shall (immediately after
such enactment, adoption, or issuance) submit to the Secretary and the
Safety Panel a copy of such law or regulation.
(c) Guidelines by Secretary
Not later than 60 days after October 30, 1984, the Secretary shall
issue initial guidelines to assist the States in compiling and
submitting State laws and regulations and other information under this
section.
(d) Submission of additional information to Safety Panel
As soon as practicable but not later than such time as the Safety
Panel may establish, any State which submits a law or regulation under
this section to the Safety Panel --
(1) shall indicate, in writing, to the Safety Panel if such law or
regulation --
(A) has the same effect as;
(B) is less stringent than; or
(C) additional to or more stringent than;
any regulation issued by the Secretary under section 2505 /1/ of this
Appendix; and
(2) shall submit to the Safety Panel such other information as the
Safety Panel or the Secretary may require to carry out the objectives of
this chapter.
(e) Failure to submit
If any State fails to submit any State law or regulation pertaining
to commercial motor vehicle safety in accordance with this section, the
Safety Panel shall analyze the laws and regulations of such State and
determine which of such State's laws and regulations pertain to
commercial motor vehicle safety.
(Pub. L. 98-554, title II, 207, Oct. 30, 1984, 98 Stat. 2835.)
Section 2505 of this Appendix, referred to in subsec. (d)(1), was in
the original ''section 6'' and was translated as if the reference was to
section 206 to reflect the probable intent of Congress.
/1/ See Codification note below.
49 USC 2507. Review and preemption of State regulations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibition on State laws; after 60-month period
After the last day of the 60-month period beginning on October 30,
1984, no State may have in effect or enforce with respect to commercial
motor vehicles any State law or regulation pertaining to commercial
motor vehicle safety which the Secretary finds under this section may
not be in effect and enforced.
(b) Analysis of laws and regulations; Safety Panel; determinations;
notification of Secretary
(1) Not later than 18 months after October 30, 1984, and annually
thereafter, the Safety Panel shall analyze the laws and regulations of
each State and determine which of such laws and regulations pertain to
commercial motor vehicle safety.
(2) Within 12 months after the date on which the Secretary issues any
regulation under section 2505 of this Appendix or within 12 months after
the date on which a State law or regulation is determined under
paragraph (1) to pertain to commercial motor vehicle safety, whichever
is later, the Safety Panel --
(A) shall determine if such law or regulation --
(i) has the same effect as;
(ii) is less stringent than; or
(iii) is additional to or more stringent than;
the regulation issued by the Secretary under section 2505 of this
Appendix; and
(B) shall determine with respect to any State law or regulation which
is determined under subparagraph (A) to be additional to or more
stringent than the regulation issued by the Secretary under section 2505
of this Appendix if --
(i) there is no safety benefit associated with such State law or
regulation;
(ii) such State law or regulation is incompatible with the regulation
issued by the Secretary under section 2505 of this Appendix; or
(iii) enforcement of such State law or regulation would be an undue
burden on interstate commerce; and
(C) shall notify the Secretary of the determinations made under this
subsection with respect to such State law or regulation.
(c) Review; Secretary; rulemaking proceeding; effect of State
laws; stringency of laws; determinations of Safety Panel; burden on
interstate commerce
(1) The Secretary shall review each State law and regulation
pertaining to commercial motor vehicle safety. Within 18 months after
the date the Secretary is notified by the Safety Panel of a
determination regarding a State law or regulation under subsection (b)
of this section, the Secretary (A) shall conduct a rulemaking proceeding
to determine in accordance with the provisions of this subsection
whether or not such law or regulation may be in effect and enforced with
respect to commercial motor vehicles, and (B) shall issue a final rule
in such rulemaking proceeding.
(2) If the Secretary finds that the State law or regulation has the
same effect as a regulation issued by the Secretary under section 2505
of this Appendix, the State law or regulation may be in effect and
enforced with respect to commercial motor vehicles after the last day of
the 60-month period beginning on October 30, 1984.
(3) If the Secretary finds that the State law or regulation is less
stringent than a regulation issued by the Secretary under section 2505
of this Appendix, the State law or regulation shall not have effect and
be enforced with respect to commercial motor vehicles after the last day
of the 60-month period beginning on October 30, 1984.
(4) If the Secretary finds that the State law or regulation is
additional to or more stringent than a regulation issued by the
Secretary under section 2505 of this Appendix, the State law or
regulation may be in effect and enforced with respect to commercial
motor vehicles after the last day of the 60-month period beginning on
October 30, 1984; except that if the Secretary finds that --
(A) there is no safety benefit associated with such State law or
regulation;
(B) such State law or regulation is incompatible with the regulation
issued by the Secretary under section 2505 /1/ of this Appendix; or
(C) enforcement of such State law or regulation would be an undue
burden on interstate commerce;
such State law or regulation shall not have effect and be enforced
with respect to commercial motor vehicles after the last day of such
60-month period.
(5)(A) In making any determination with respect to any State law or
regulation under this subsection, the Secretary shall give great weight
to the corresponding determination made by the Safety Panel with respect
to such State law or regulation under subsection (b) of this section.
(B) In determining under paragraph (4) whether or not a law or
regulation of a State will unduly burden interstate commerce, the
Secretary may consider the effect upon interstate commerce of
implementation of such law or regulation along with implementation of
all similar laws and regulations of other States.
(d) Petition; waiver; grant of
(1) Any person (including any State) may petition the Secretary for a
waiver from a determination of the Secretary that a State law or
regulation may not be in effect and enforced under this section. The
Secretary shall grant such waiver, as expeditiously as possible, if such
person demonstrates to the satisfaction of the Secretary that such
waiver is not contrary to the public interest and is consistent with the
safe operation of commercial motor vehicles.
(2) The decision to grant or deny a petition for a waiver submitted
under this subsection shall only be made after the Secretary has
afforded the petitioner an opportunity for a hearing on the record.
(e) Consolidation of rulemaking proceedings
The Secretary may consolidate rulemaking proceedings under this
section if the Secretary determines that such consolidation will not
adversely affect any party to any of such proceedings.
(f) Notification of States by Secretary
Not later than 10 days after making a determination under subsection
(c) of this section that a State law or regulation may not be in effect
and enforced, the Secretary shall notify, in writing, such State of such
determination.
(g) Judicial review; finality of review; remedies under other laws
(1) Not later than 60 days after the Secretary makes a determination
under subsection (c) of this section with respect to a State law or
regulation or grants or denies a petition for a waiver under subsection
(d) of this section, any person (including any State) adversely affected
by such determination or the grant or denial of such petition may file,
with the United States court of appeals for the District of Columbia or
for the circuit in which such person resides or has his principal place
of business a petition for judicial review of such determination or the
grant or denial of such petition.
(2) Upon the filing of a petition under paragraph (1) of this
subsection, the court shall have jurisdiction to review in accordance
with chapter 7 of title 5 such determination or the grant or denial of
the petition for such waiver and to grant appropriate relief, including
interim relief, as provided in such chapter.
(3) The judgment of the court affirming or setting aside, in whole or
in part, any such determination or the grant or denial of the petition
for such waiver shall be final, subject to review by the Supreme Court
of the United States upon certiorari or certification, as provided in
section 1254 of title 28.
(4) The remedies provided for in this subsection shall be in addition
to and not in lieu of any other remedies provided by law.
(h) Extension of periods
The Secretary may extend, for an additional period not to exceed 12
months, the 60-month period referred to in section 2506(a) of this
Appendix and subsections (a) and (c) of this section. Upon request of a
State which has under consideration adoption of regulations which may be
in effect and enforced under this section, the Secretary --
(1) shall extend such 60-month period with respect to the State for
such additional period as the State requests but not to exceed 12
months; and
(2) may provide an extension in addition to the extension under
paragraph (1) for a period not to exceed 12 months if such additional
extension is not contrary to the public interest and does not diminish
the safe operation of commercial motor vehicles.
With respect to any State, the aggregate amount of extensions under
this subsection with respect to such 60-month period may not exceed 24
months.
(i) Secretary; review on own initiative; after 48-month period
After the last day of the 48-month period beginning on October 30,
1984, the Secretary, on his or her own initiative or on petition of any
interested person (including any State), may initiate a rulemaking
proceeding to review under this section any State law or regulation
pertaining to commercial motor vehicle safety.
(Pub. L. 98-554, title II, 208, Oct. 30, 1984, 98 Stat. 2836; Pub.
L. 100-690, title IX, 9109, Nov. 18, 1988, 102 Stat. 4530.)
Section 2505 of this Appendix, referred to in subsec. (c)(4)(B), was
in the original ''section 6'' and was translated as if the reference was
to section 206 to reflect the probable intent of Congress.
1988 -- Subsec. (h). Pub. L. 100-690 inserted provisions at end
directing Secretary, upon request of State, to provide extension not to
exceed 12 months, authorizing Secretary to provide additional extension
not to exceed 12 months if additional extension is not contrary to
public interest and does not diminish safe operation of commercial motor
vehicles, and limited aggregate amount of extensions to 24 months.
/1/ See Codification note below.
49 USC 2508. Commercial Motor Vehicle Safety Regulatory Review Panel
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment of panel
As soon as practicable after October 30, 1984, the Secretary shall
establish a panel to analyze and review State laws and regulations under
sections 2506 and 2507 of this Appendix. The panel established under
this section shall be known as the ''Commercial Motor Vehicle Safety
Regulatory Review Panel''.
(b) Functions
The Safety Panel shall --
(1) carry out those duties designated to be carried out by the Safety
Panel under sections 2506 and 2507 of this Appendix;
(2) conduct a study --
(A) to evaluate the need, if any, for any additional Federal
assistance to the States to enable the States to enforce the regulations
issued by the Secretary under section 2505 of this Appendix; and
(B) to determine other methods of furthering the objectives of this
chapter; and
(3) make recommendations to the Secretary based on the results of
such study.
(c) Composition
The Safety Panel shall be composed of 15 members as follows:
(1) The Secretary or his or her delegate.
(2) Seven individuals appointed by the Secretary from among persons
who represent the interests of States and political subdivisions thereof
and whose names have been submitted to the Secretary by the Committee on
Commerce, Science, and Transportation of the Senate or the Committee on
Public Works and Transportation of the House of Representatives.
(3) Seven individuals appointed by the Secretary from among persons
who represent the interests of business, consumer, labor, and safety
groups and whose names have been submitted to the Secretary by the
Committee on Commerce, Science, and Transportation of the Senate or the
Committee on Public Works and Transportation of the House of
Representatives.
The Secretary shall select the individuals to be appointed under this
subsection on the basis of their knowledge, expertise, or experience
regarding commercial motor vehicle safety. Half of such appointments
shall be made from names submitted by the Committee on Commerce,
Science, and Transportation of the Senate, and the other half of such
appointments, from names submitted by the Committee on Public Works and
Transportation of the House of Representatives. Each of such committees
shall submit to the Secretary the names of twenty individuals qualified
to serve on the Safety Panel.
(d) Vacancies; quorum; Chairman; meetings; term of members;
compensation
(1) A vacancy in the Safety Panel shall not affect its powers but
shall be filled in the manner in which the original appointment was
made.
(2) Eight members of the Safety Panel shall constitute a quorum, but
the Council may establish a lesser number as a quorum for the purpose of
holding hearings, taking testimony, and receiving evidence.
(3) The Chairman of the Safety Panel shall be the Secretary.
(4) The Safety Panel shall meet at the call of the Chairman or a
majority of its members.
(5) Members of the Safety Panel shall be appointed for a term of
seven years.
(6) Members of the Safety Panel shall serve without pay, except that
they shall receive per diem and travel expenses in accordance with
section 5703 of title 5.
(e) Detail of personnel of Department of Transportation
Upon request of the Safety Panel, the Secretary shall detail such of
the personnel of the Department of Transportation to the Safety Panel as
may be necessary to assist the Safety Panel in carrying out its duties
under this chapter.
(f) Office space, supplies, equipment, staff, etc.; Secretary to
provide
Upon request of the Safety Panel, the Secretary shall provide such
office space, supplies, equipment, and other support services to the
Safety Panel and its staff as may be necessary for the Safety Panel to
carry out its duties under this chapter.
(g) Hearings; oaths
The Safety Panel or any member authorized by the Safety Panel may,
for the purpose of carrying out the duties of the Safety Panel under
this chapter, hold such hearings, sit and act at such time and places,
take such testimony, and take such other actions as the Safety Panel or
such member may deem advisable to carry out the duties of the Safety
Panel under this chapter. Any member of the Safety Panel may administer
oaths or affirmations to witnesses appearing before the Safety Panel or
before such member.
(h) Temporary and intermittent services
Subject to such rules as the Safety Panel may prescribe, the Chairman
of the Safety Panel may procure temporary and intermittent services
under section 3109(b) of title 5.
(Pub. L. 98-554, title II, 209, Oct. 30, 1984, 98 Stat. 2838.)
49 USC 2509. Inspection
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Requirement under Federal regulations
Upon the instruction of a duly authorized State or Federal
enforcement official, each commercial motor vehicle shall be required to
pass an inspection of all safety equipment required under part 393 of
subchapter B of chapter III of title 49, Code of Federal Regulations.
(b) Establishment of Federal standards
The Secretary shall, by rule, establish Federal standards for
inspections of commercial motor vehicles and retention by employers of
records of such inspections. Such standards shall provide for annual or
more frequent inspections of commercial motor vehicles unless the
Secretary finds that another inspection system is as effective as an
annual or more frequent inspection system. For purposes of this
chapter, such standards shall be deemed to be regulations issued by the
Secretary under section 2505 of this Appendix.
(c) Rulemaking; comments on procedures; amendments to regulations;
effective date
Not later than 60 days after October 30, 1984, the Secretary shall
initiate a rulemaking to afford interested parties an opportunity to
comment on such part 393 and the inspection and retention procedures
established pursuant to subsection (b) of this section. Amendments to
the regulations shall be issued and published in the Federal Register
not later than one year after such rulemaking is initiated. The amended
regulations shall become effective on the date on which they are
published in the Federal Register.
(d) Effect on State laws and regulations; preemption
(1) Except as provided in paragraph (2), nothing in section 2302 of
this Appendix or section 2507 of this Appendix or any other provision of
this chapter shall be construed as --
(A) preventing any State or voluntary group of States from imposing
more stringent standards for use in their own periodic roadside
inspection programs of commercial motor vehicles;
(B) preventing any State from having in effect and enforcing a
program for inspection of commercial motor vehicles which the Secretary
determines is as effective as the Federal standards established under
subsection (b) of this section;
(C) preventing any State from having in effect and enforcing a
program for inspection of commercial motor vehicles which meets the
requirements for membership in the Commercial Vehicle Safety Alliance as
such requirements were in effect on October 30, 1984; and
(D) requiring any State which has in effect and is enforcing a
program described in subparagraph (B) or (C) to enforce any Federal
standard established under subsection (b) of this section or to adopt
any provision pertaining to inspection of commercial motor vehicles in
addition to such program in order to comply with such Federal standards.
(2) If, after notice and an opportunity for a hearing, the Secretary
determines that any State which has in effect and is enforcing a program
described in paragraph (1)(C) of this subsection is not enforcing such
program in a manner which achieves the objectives of this section, and
if, after making such determination, the Secretary provides such State
with a six month period in which to improve the enforcement of such
program to achieve the objectives of this section, the Federal standards
established under subsection (b) of this section shall preempt such
program with respect to the inspection of commercial motor vehicles in
such State and such program shall not be in effect and enforced with
respect to such vehicles.
(e) Periodic inspections; adequacy of; random inspection
A periodic inspection of a commercial motor vehicle in accordance
with the Federal standards established under subsection (b) of this
section or in accordance with a program described in subparagraph (B) or
(C) of subsection (d)(1) of this section which is in effect and being
enforced shall be recognized as adequate in every State for the period
of such inspection. The provisions of this subsection shall not be
deemed to prohibit a State from making random inspections of commercial
motor vehicles.
(f) Effect of Federal standards
The Federal standards established under subsection (b) of this
section shall have no effect and shall not be enforced with respect to
the inspection of commercial motor vehicles in any State which has in
effect and is enforcing a program described in subparagraph (B) or (C)
of subsection (d)(1) of this section if the Secretary determines that
such Federal standards not having effect and being enforced with respect
to such inspection is in the public interest and consistent with public
safety.
(g) Federally leased commercial motor vehicles
Any State which receives Federal financial assistance under section
2302 of this Appendix in a fiscal year may apply and enforce in such
fiscal year any regulations pertaining to commercial motor vehicle
safety adopted by such State with respect to commercial motor vehicles
and operators leased to the United States.
(Pub. L. 98-554, title II, 210, Oct. 30, 1984, 98 Stat. 2839; Pub.
L. 101-615, 24, Nov. 16, 1990, 104 Stat. 3273.)
1990 -- Pub. L. 101-615 added subsec. (g).
49 USC 2510. Powers of Secretary
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Demonstration and training activities
The Secretary may conduct, directly or indirectly, such studies and
such development, demonstration, and training activities as the
Secretary considers appropriate to develop regulations authorized to be
issued under section 2505 of this Appendix, to design and develop
improved enforcement procedures and technologies, and to familiarize
affected persons with such regulations.
(b) Authority of Secretary; delegation of authority to States
In carrying out the Secretary's functions under this chapter, the
Secretary is authorized to perform such acts (including conducting
investigations and inspections; compiling statistics; making reports;
issuing subpenas; requiring production of documents, records, and
property; taking depositions; holding hearings; prescribing
recordkeeping and reporting requirements; and carrying out and
contracting for studies, development, testing, evaluation, and training)
as the Secretary determines necessary to carry out the provisions of
this chapter, or regulations issued pursuant to section 2302 of this
Appendix. The Secretary may delegate to a State which is receiving a
grant under such section such functions respecting the enforcement
(including investigations) of the provisions of this chapter and
regulations issued under this chapter as the Secretary determines
appropriate to carry out such provisions and regulations.
(c) Consultation with employers and employees
To carry out the Secretary's inspection and investigation functions
under subsection (b) of this section, the Secretary or the Secretary's
agent shall, as appropriate, consult with employers and employees and
their duly authorized representatives, and shall offer them a right of
accompaniment.
(Pub. L. 98-554, title II, 211, Oct. 30, 1984, 98 Stat. 2841.)
Pub. L. 100-690, title IX, 9108, Nov. 18, 1988, 102 Stat. 4530,
provided that:
''(a) Study. -- The Secretary shall conduct a study on whether or not
devices which control the speed of commercial motor vehicles enhance
safe operation of such vehicles.
''(b) Report. -- Not later than 30 months after the date of the
enactment of this Act (Nov. 18, 1988), the Secretary shall submit to
Congress a report on the results of the study conducted under this
section together with recommendations of the Secretary on whether or not
to make the use of speed control devices mandatory for commercial motor
vehicles.''
49 USC 2511. Duty to investigate; complaints; protection of
complainants
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority of Secretary
The Secretary shall timely investigate any nonfrivolous written
complaint alleging that a substantial violation of any regulation issued
under this chapter is occurring or has occurred within the preceding 60
days. The complainant shall be timely notified of findings resulting
from such investigation. The Secretary shall not be required to conduct
separate investigations of duplicative complaints.
(b) Disclosure of identity of complainant; protection
Notwithstanding the provisions of section 552 of title 5, the
Secretary shall not disclose the identity of complainants unless it is
determined that such disclosure is necessary to prosecute a violation.
If disclosure becomes necessary, the Secretary shall take every
practical measure within the Secretary's authority to assure that the
complainant is not subject to harassment, intimidation, disciplinary
action, discrimination, or financial loss as a result of such
disclosure.
(Pub. L. 98-554, title II, 212, Oct. 30, 1984, 98 Stat. 2841.)
49 USC 2511a. Compliance review priority
TITLE 49, APPENDIX -- TRANSPORTATION
If the Secretary identifies a pattern of violations of State or local
traffic safety laws or regulations, or commercial motor vehicle safety
rules, regulations, standards, or orders, among the drivers of
commercial motor vehicles employed by a particular motor carrier, the
Secretary or a State representative shall ensure that such motor carrier
receives a high priority for review of such carrier's compliance with
applicable Federal and State commercial motor vehicle safety
regulations.
(Pub. L. 102-240, title IV, 4014, Dec. 18, 1991, 105 Stat. 2158.)
Section was enacted as part of the Motor Carrier Act of 1991, and
also as part of the Intermodal Surface Transportation Efficiency Act of
1991, and not as part of the Motor Carrier Safety Act of 1984 which
comprises this chapter.
49 USC 2512. Certification of safety fitness
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment of procedures
The Secretary, in cooperation with the Interstate Commerce
Commission, shall by rule, after notice and opportunity for comment,
establish a procedure to determine the safety fitness of owners and
operators of commercial motor vehicles, including persons seeking new or
additional operating authority as motor carriers under sections 10922
and 10923 of title 49. Such procedure shall include --
(1) specific initial and continuing requirements to be met by such
persons to prove safety fitness;
(2) a means of determining whether such persons meet the safety
fitness requirements specified under paragraph (1); and
(3) specific time deadlines for action by the Department of
Transportation and the Interstate Commerce Commission in making fitness
determinations.
(b) Report to Congress
Not later than one year after October 30, 1984, the Secretary shall
submit to Congress a copy of the procedure established under subsection
(a) of this section.
(c) Supersedure of Federal rules
The rules adopted under this section shall supersede all Federal
rules regarding safety fitness and safety rating of motor carriers in
effect on October 30, 1984.
(d) Finding of unfitness; Interstate Commerce Commission
Notwithstanding any other provision of law, the Interstate Commerce
Commission (1) shall find any applicant for authority to operate as a
motor carrier to be unfit if the applicant does not meet the safety
fitness requirements established under subsection (a) of this section,
and (2) shall deny such application.
(Pub. L. 98-554, title II, 215, Oct. 30, 1984, 98 Stat. 2844.)
49 USC 2513. Heavy truck study
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall undertake a comprehensive study of safety
characteristics of heavy trucks, the unique problems related to heavy
trucks, and the manner in which such trucks are driven. Such study
shall include an examination of the handling, braking, stability, and
crashworthiness of heavy trucks, and an examination of the programs and
needs of enforcement agencies to assure compliance with traffic laws by
commercial motor vehicle drivers. In carrying out such study, the
Secretary shall consult with truck manufacturers, employee
representatives, truck operators, and other interested parties. Not
later than September 30, 1986, the Secretary shall submit to the
Congress a report on the findings of such study.
(b) There are authorized to be appropriated for fiscal years 1986 and
1987 such sums as may be necessary to conduct the study required under
subsection (a) of this section.
(Pub. L. 98-554, title II, 216, Oct. 30, 1984, 98 Stat. 2845.)
49 USC 2514. Truck occupant protection
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall make a full investigation and study of crash
protection for truck occupants. Such study shall examine potential and
known hazards to truck occupants and means of improving truck-occupant
safety. Such study shall also include potential performance standards,
if any, to be met by truck manufacturers. In carrying out such study,
the Secretary shall consult with truck manufacturers, employee
representatives, truck operators, and other interested parties. The
Secretary shall submit to Congress a report on the findings of this
investigation and study not later than two years after October 30, 1984.
(b) There are authorized to be appropriated for fiscal years 1986 and
1987 such sums as may be necessary to undertake the study required by
subsection (a) of this section.
(Pub. L. 98-554, title II, 217, Oct. 30, 1984, 98 Stat. 2845.)
49 USC 2515. Study of safety performance of commercial motor vehicles
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall conduct a study of the safety performance of
commercial motor vehicles. The study shall examine the effectiveness of
individual State regulations governing the operations of such vehicles
in promoting safety. Such study shall also investigate the need to
subject such operations, in whole or in part, to the commercial motor
vehicle safety regulations issued under this chapter. The Secretary
shall submit to Congress a report on the findings of the investigation
and study conducted under this subsection not later than two years after
October 30, 1984.
(b) For purposes of this subsection, the term ''commercial motor
vehicle'' means any self-propelled or towed vehicle used on highways in
intrastate commerce to transport passengers or property if such vehicle
is described in subparagraph (A), (B), or (C) of section 2503(1) of this
Appendix.
(Pub. L. 98-554, title II, 218, Oct. 30, 1984, 98 Stat. 2845.)
49 USC 2516. Study of safety-related devices
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall conduct a study of the effectiveness of
existing regulations regarding emergency warning devices required to be
carried on buses, trucks, truck-tractors, and motor-driven vehicles
which are involved in emergency situations. Such study shall also
investigate the potential costs and benefits of requiring passenger
automobile operators to carry emergency warning devices, and shall
examine the relative benefits of various types of warning devices in
enhancing highway safety. The Secretary shall submit to the Congress a
report containing the findings of this study not later than 18 months
after October 30, 1984.
(b) There are authorized to be appropriated for fiscal years 1986 and
1987 such sums as may be necessary to undertake the study required by
this section.
(Pub. L. 98-554, title II, 219, Oct. 30, 1984, 98 Stat. 2846.)
49 USC 2517. Safety study; Federal coordination
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Health hazards; protecting operators of motor vehicles; report
to Congress
The Secretary, in consultation with the Director of the National
Institute for Occupational Safety and Health and the Secretary of Labor,
shall undertake a study of significant health hazards to which employees
engaged in the operation of commercial motor vehicles are exposed, and
shall develop such materials and information as are necessary to enable
such employees to carry out their employment in a place and manner free
from recognized hazards that are causing or are likely to cause death or
serious physical harm. The study shall include findings regarding the
most appropriate method for regulating and protecting the health of
operators of commercial motor vehicles. The findings of such study
shall be submitted to the Congress within one year after October 30,
1984.
(b) Coordination; minimization of paperwork burdens
The Secretary shall coordinate the activities of Federal agencies to
ensure adequate protection of the safety and health of operators of
commercial motor vehicles. The Secretary shall attempt to minimize
paperwork burdens to assure maximum coordination and to avoid overlap
and the imposition of undue burdens on persons subject to regulations
under this chapter.
(Pub. L. 98-554, title II, 220, Oct. 30, 1984, 98 Stat. 2846.)
49 USC 2518. Relationship to other laws
TITLE 49, APPENDIX -- TRANSPORTATION
Except as provided in section 2505(b) of this Appendix, the
provisions of this chapter and the regulations issued under this chapter
shall not affect any provision of the Hazardous Materials Transportation
Act (49 U.S.C. App. 1801-1812) or any regulation issued by the Secretary
under such Act.
(Pub. L. 98-554, title II, 221, Oct. 30, 1984, 98 Stat. 2846.)
The Hazardous Materials Transportation Act, referred to in text, is
title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as amended,
which is classified principally to chapter 27 ( 1801 et seq.) of this
Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this Appendix and Tables.
49 USC 2519. Limitation on authority
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Regulations
Nothing in this chapter confers authority on the Secretary to (1)
establish Federal traffic safety regulations, or (2) preempt State
traffic regulations; except that the Secretary may establish or
maintain such Federal regulations to the extent that the subject matter
of such regulations is, on October 30, 1984, regulated under parts 390
to 399 of title 49 of the Code of Federal Regulations.
(b) Manufacture of commercial motor vehicles
Nothing in this chapter confers authority on the Secretary to
regulate the manufacture of commercial motor vehicles for any purpose,
including fuel economy, safety, or emission control.
(Pub. L. 98-554, title II, 229, Oct. 30, 1984, 98 Stat. 2853.)
49 USC 2520. Oversight
TITLE 49, APPENDIX -- TRANSPORTATION
The appropriate authorizing committees of the Congress shall conduct
periodic oversight hearings on the effects of this chapter no less often
than annually for the first five years following October 30, 1984, to
ensure that this Act is being implemented according to congressional
intent and the purposes of this chapter.
(Pub. L. 98-554, title II, 230, Oct. 30, 1984, 98 Stat. 2853.)
This Act, referred to in text, is Pub. L. 98-554, Oct. 30, 1984, 98
Stat. 2829. Title I ( 101 et seq.) of this Act, known as the Tandem
Truck Safety Act of 1984, amended the Surface Transportation Assistance
Act of 1982 (49 U.S.C. App. 2301 et seq.). Title II ( 201 et seq.) of
this Act, known as the Motor Carrier Safety Act of 1984, enacted this
chapter. For complete classification of this Act to the Code, see Short
Title of 1984 Amendment note set out under section 2301 of this
Appendix, Short Title note set out under section 2501 of this Appendix,
and Tables.
49 USC 2521. Maintenance and inspection of brake systems
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Initiation of rulemaking proceeding
Not later than 60 days after November 18, 1988, the Secretary shall
initiate a rulemaking proceeding for the purpose of adopting improved
standards or methods to ensure that brakes and brake systems of
commercial motor vehicles are properly maintained and inspected by
appropriate employees.
(b) Regulations
Not later than December 31, 1990, the Secretary shall issue
regulations for the purpose of adopting improved standards or methods to
ensure that brakes and brake systems of commercial motor vehicles are
properly maintained and inspected by appropriate employees. At a
minimum, such regulations shall establish minimum training requirements
and qualifications for employees responsible for maintaining and
inspecting such brakes and brake systems.
(Pub. L. 98-554, title II, 231, as added Pub. L. 100-690, title IX,
9110, Nov. 18, 1988, 102 Stat. 4531.)
Pub. L. 102-240, title IV, 4012, Dec. 18, 1991, 105 Stat. 2157,
provided that:
''(a) Initiation of Rulemaking. -- Not later than May 31, 1992, the
Secretary shall initiate rulemaking concerning methods for improving
braking performance of new commercial motor vehicles, including truck
tractors, trailers, and their dollies. Such rulemaking shall include an
examination of antilock systems, means of improving brake compatibility,
and methods of ensuring effectiveness of brake timing.
''(b) Limitation With Respect to Rules. -- Any rule which the
Secretary determines to issue regarding improved braking performance
pursuant to the rulemaking initiated under this section shall take into
account the need for the rule and, in the case of trailers, shall
include articulated vehicles and their manufacturers.
''(c) Rulemaking Procedure. -- Any rulemaking under this section
shall, consistent with section 229 of the Motor Carrier Safety Act of
1984 (49 U.S.C. App. 2519(b)), be carried out pursuant to, and in
accordance with, the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. 1381 et seq.).
''(d) Completion of Rulemaking. -- The Secretary shall complete the
rulemaking within 18 months after its initiation; except that the
Secretary may extend that period for an additional 6 months after giving
notice in the Federal Register of the need for such an extension. Such
extension shall not be reviewable.
''(e) Limitation on Statutory Construction. -- Nothing in this
section shall be construed as affecting the authority of the Secretary
under this Act (see Short Title of 1991 Amendment note set out under
section 101 of Title 49, Transportation) (or preventing the Secretary)
from simultaneously initiating a rulemaking concerning methods for
improving brake performance in the case of vehicles, other than new
manufactured commercial motor vehicles, and for considering the
necessity for effective enforcement of any rule relating to improving
such performance as part of the rulemaking proceeding and for
considering the reliability, maintainability, and durability of any
brake equipment.
''(f) Commercial Motor Vehicle Defined. -- For purposes of this
section only, the term 'commercial motor vehicle' means any
self-propelled or towed vehicle used on highways to transport passengers
or property if such vehicle has a gross vehicle weight rating of 26,001
or more pounds.''
Section 9107 of Pub. L. 100-690 provided that: ''Not later than
January 30, 1991, the Secretary shall submit to Congress a report on
whether or not commercial motor vehicles operating on any Federal-aid
highway system should be equipped with improved brakes and brake systems
in order to enhance the safe operation of such vehicles. Such report
shall include an examination of available information and data on
antilock systems, means of improving brake compatibility, and methods of
ensuring the effectiveness of brake timing and the results of any field
testing conducted by the Department of Transportation on brakes and
brakes (sic) systems for commercial motor vehicles.''
49 USC CHAPTER 35 -- COMMERCIAL SPACE LAUNCH
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2601. Congressional findings.
2602. Congressional statement of purpose.
2603. Definitions.
2604. General responsibilities of Secretary and Federal agencies.
2605. Requirement of license for private space launch operations.
(a) Geographical restrictions.
(b) Compliance with payload requirements.
(c) Authority of other agencies.
2606. Authority to issue and transfer licenses.
2607. Licensing requirements.
(a) Applicability of other Federal requirements.
(b) Additional requirements.
(c) Waiver.
2608. License application and approval.
(a) Application procedures.
(b) Eligibility of applicant; conditions of license.
(c) Disclosure of qualified information.
2609. Suspension, revocation, and modification of licenses.
(a) Grounds for suspension or revocation.
(b) Procedures for modification.
(c) Commencement and duration.
(d) Notification of action.
2610. Termination, prohibition, or suspension of launch or operation
of launch site.
2611. Administrative and judicial review.
(a) Right to a hearing; determination on record.
(b) Judicial review of final actions of Secretary.
2612. Regulations.
2613. Monitoring of activities of licensee; observers.
2614. Use of Government property.
(a) Authority of Secretary.
(b) Acquisition and payment by private sector; preemption of
scheduled launches.
(c) Establishment of assurances to protect United States from
liability, loss, or injury.
(d) Collection of payment by head of agency.
2615. Liability insurance.
(a) Claims by third party; claims by United States; waivers; cost;
maximum probable loss determination.
(b) Payment by United States; willful misconduct; aggregate claims;
consideration of compensation plan.
(c) Collection of insurance proceeds or other payment by head of
agency.
2616. Enforcement authority.
(a) Authority of Secretary.
(b) Power to investigate, inspect, or seize.
2617. Prohibited acts.
2618. Civil penalties.
(a) Amount; separate violations.
(b) Failure to pay.
(c) Authority of Secretary.
2619. Consultation.
(a) Matters of national defense.
(b) Matters of foreign policy.
(c) Other matters.
2620. Relationship to other laws and international obligations.
(a) Federal preemption.
(b) Inapplicability of exports laws.
(c) Activities not within chapter.
(d) Effect of treaty, convention, or agreement with foreign nations.
2621. Reports to Congress.
2622. Severability.
2623. Authorization of appropriations.
49 USC 2601. Congressional findings
TITLE 49, APPENDIX -- TRANSPORTATION
The Congress finds and declares that --
(1) the peaceful uses of outer space continue to be of great value
and to offer benefits to all mankind;
(2) private applications of space technology have achieved a
significant level of commercial and economic activity, and offer the
potential for growth in the future, particularly in the United States;
(3) new and innovative equipment and services are being sought,
created, and offered by entrepreneurs in telecommunications, information
services, and remote sensing technology;
(4) the private sector in the United States has the capability of
developing and providing private satellite launching and associated
services that would complement the launching and associated services now
available from the United States Government;
(5) the development of commercial launch vehicles and associated
services would enable the United States to retain its competitive
position internationally, thereby contributing to the national interest
and economic well-being of the United States;
(6) provision of launch services by the private sector is consistent
with the national security interests and foreign policy interests of the
United States and would be facilitated by stable, minimal, and
appropriate regulatory guidelines that are fairly and expeditiously
applied;
(7) the United States should encourage private sector launches and
associated services and, only to the extent necessary, regulate such
launches and services in order to ensure compliance with international
obligations of the United States and to protect the public health and
safety, safety of property, and national security interests and foreign
policy interests of the United States;
(8) space transportation, including the establishment and operation
of launch sites and complementary facilities, the provision of launch
services, the establishment of support facilities, and the provision of
support services, is an important element of the Nation's transportation
system, and in connection with the commerce of the United States there
is a need to develop a strong space transportation infrastructure with
significant private sector involvement; and
(9) the participation of State governments in encouraging and
facilitating private sector involvement in space-related activity,
particularly through the establishment of space transportation-related
infrastructure, including launch sites, complementary facilities, and
launch site support facilities, is in the national interest and is of
significant public benefit.
(Pub. L. 98-575, 2, Oct. 30, 1984, 98 Stat. 3055; Pub. L. 101-611,
title I, 117(c), Nov. 16, 1990, 104 Stat. 3202.)
1990 -- Pars. (8), (9). Pub. L. 101-611 added pars. (8) and (9).
Section 25 of Pub. L. 98-575 provided that:
''(a) Except for section 15 (section 2614 of this Appendix) and the
authority to issue regulations, this Act (this chapter) shall take
effect 180 days after the date of enactment of this Act (Oct. 30, 1984).
''(b) Section 15 (section 2614 of this Appendix) shall take effect on
the date of enactment of this Act (Oct. 30, 1984), except that nothing
in this Act (this chapter) shall affect any agreement, including
negotiations which are substantially completed, relating to the
acquisition of launch property or launch services of the United States
entered into on or before the date of enactment of this Act (Oct. 30,
1984) between the United States and any private party.
''(c) Regulations to implement this Act (this chapter) shall be
promulgated not later than 180 days after the date of enactment of this
Act (Oct. 30, 1984).''
Pub. L. 100-657, 1, Nov. 15, 1988, 102 Stat. 3900, provided that:
''This Act (amending sections 2603, 2614, and 2615 of this Appendix and
enacting provisions set out as notes under this section and sections
2603 and 2615 of this Appendix) may be cited as the 'Commercial Space
Launch Act Amendments of 1988'.''
Section 1 of Pub. L. 98-575 provided that: ''This Act (enacting
this chapter) may be cited as the 'Commercial Space Launch Act'.''
Pub. L. 100-657, 2, Nov. 15, 1988, 102 Stat. 3900, provided that:
''The Congress finds that --
''(1) a United States commercial space launch industry is an
essential component of national efforts to assure access to space for
Government and commercial users;
''(2) the Federal Government should encourage, facilitate, and
promote the use of the United States commercial space launch industry in
order to continue United States aerospace preeminence;
''(3) the United States commercial space launch industry must be
competitive in the international marketplace;
''(4) Federal Government policies should recognize the responsibility
of the United States under international treaty for activities conducted
by United States citizens in space; and
''(5) the United States must maintain a competitive edge in
international commercial space transportation by ensuring continued
research in launch vehicle component technology and development.''
49 USC 2602. Congressional statement of purpose
TITLE 49, APPENDIX -- TRANSPORTATION
It is therefore the purpose of this chapter --
(1) to promote economic growth and entrepreneurial activity through
utilization of the space environment for peaceful purposes;
(2) to encourage the United States private sector to provide launch
vehicles and associated launch services by simplifying and expediting
the issuance and transfer of commercial launch licenses and by
facilitating and encouraging the utilization of Government-developed
space technology;
(3) to designate an executive department to oversee and coordinate
the conduct of commercial launch operations, to issue and transfer
commercial launch licenses authorizing such activities, and to protect
the public health and safety, safety of property, and national security
interests and foreign policy interests of the United States; and
(4) to facilitate the strengthening and expansion of the United
States space transportation infrastructure, including the enhancement of
United States launch sites, as well as launch site support facilities,
with Federal, State, and private sector involvement, to support the full
range of United States space-related activities.
(Pub. L. 98-575, 3, Oct. 30, 1984, 98 Stat. 3055; Pub. L. 101-611,
title I, 117(d), Nov. 16, 1990, 104 Stat. 3203.)
1990 -- Par. (4). Pub. L. 101-611 added par. (4).
49 USC 2603. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this chapter --
(1) ''agency'' means an executive agency as defined by section 105 of
title 5;
(2) ''launch'' means to place, or attempt to place, a launch vehicle
and payload, if any, in a suborbital trajectory, in Earth orbit in outer
space, or otherwise in outer space;
(3) ''launch property'' means propellants, launch vehicles and
components thereof, and other physical items constructed for or used in
the launch preparation or launch of a launch vehicle;
(4) ''launch services'' means those activities involved in the
preparation of a launch vehicle and its payload for launch and the
conduct of a launch;
(5) ''launch site'' means the location on Earth from which a launch
takes place, as defined in any license issued or transferred by the
Secretary under this chapter, and includes all facilities located on a
launch site which are necessary to conduct a launch;
(6) ''launch vehicle'' means any vehicle constructed for the purpose
of operating in, or placing a payload in, outer space and any suborbital
rocket;
(7) ''payload'' means an object which a person undertakes to place in
outer space by means of a launch vehicle, and includes subcomponents of
the launch vehicle specifically designed or adapted for that object;
(8) ''person'' means any individual and any corporation, partnership,
joint venture, association, or other entity organized or existing under
the laws of any State or any nation;
(9) ''Secretary'' means the Secretary of Transportation;
(10) ''State'', and ''United States'' when used in a geographical
sense, mean the several States, the District of Columbia, the
Commonwealth of Puerto Rico, American Samoa, the United States Virgin
Islands, Guam, and any other commonwealth, territory, or possession of
the United States;
(11) ''third party'' means any person or entity other than --
(A) the United States, its agencies, or its contractors or
subcontractors involved in launch services;
(B) the licensee or transferee;
(C) the licensee's or transferee's contractors, subcontractors, or
customers involved in launch services; or
(D) any such customer's contractors or subcontractors involved in
launch services; and
(12) ''United States citizen'' means --
(A) any individual who is a citizen of the United States;
(B) any corporation, partnership, joint venture, association, or
other entity organized or existing under the laws of the United States
or any State; and
(C) any corporation, partnership, joint venture, association, or
other entity which is organized or exists under the laws of a foreign
nation, if the controlling interest (as defined by the Secretary in
regulations) in such entity is held by an individual or entity described
in subparagraph (A) or (B).
(Pub. L. 98-575, 4, Oct. 30, 1984, 98 Stat. 3056; Pub. L. 100-657,
3, Nov. 15, 1988, 102 Stat. 3900.)
1988 -- Pars. (11), (12). Pub. L. 100-657 added par. (11) and
redesignated former par. (11) as (12).
Section 11 of Pub. L. 100-657 provided that: ''This Act, and the
amendments made by this Act (amending this section and sections 2614 and
2615 of this Appendix and enacting provisions set out as notes under
this section and sections 2601 and 2615 of this Appendix), shall apply
to all licenses issued under the Commercial Space Launch Act (this
chapter) before, on, or after the date of enactment of this Act (Nov.
15, 1988).''
49 USC 2604. General responsibilities of Secretary and Federal agencies
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary shall be responsible for carrying out this chapter,
and in doing so shall --
(1) encourage, facilitate, and promote commercial space launches by
the private sector;
(2) consult with other agencies to provide consistent application of
licensing requirements under this chapter and to ensure fair and
equitable treatment for all license applicants; and
(3) work to facilitate private sector involvement in commercial space
transportation activity, and to promote public-private partnerships
involving the Federal Government, State governments, and the private
sector to build, expand, modernize, or operate space launch
infrastructure.
(b) To the extent permitted by law, Federal agencies shall assist the
Secretary, as necessary, in carrying out this chapter.
(Pub. L. 98-575, 5, Oct. 30, 1984, 98 Stat. 3057; Pub. L. 101-611,
title I, 117(e), Nov. 16, 1990, 104 Stat. 3203.)
1990 -- Subsec. (a)(3). Pub. L. 101-611 added par. (3).
49 USC 2605. Requirement of license for private space launch operations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Geographical restrictions
(1) No person shall launch a launch vehicle or operate a launch site
within the United States, unless authorized by a license issued or
transferred under this chapter.
(2) No United States citizen described in subparagraph (A) or (B) of
section 2603(11) /1/ of this Appendix shall launch a launch vehicle or
operate a launch site outside the United States, unless authorized by a
license issued or transferred under this chapter.
(3)(A) No United States citizen described in subparagraph (C) of
section 2603(11) /1/ of this Appendix shall launch a launch vehicle or
operate a launch site at any place which is both outside the United
States and outside the territory of any foreign nation, unless
authorized by a license issued or transferred under this chapter. The
preceding sentence shall not apply with respect to a launch or operation
of a launch site if there is an agreement in force between the United
States and a foreign nation which provides that such foreign nation
shall exercise jurisdiction over such launch or operation.
(B)(i) Except as provided in clause (ii) of this subparagraph, this
chapter shall not apply to the launch of a launch vehicle or the
operation of a launch site in the territory of a foreign nation by a
United States citizen described in subparagraph (C) of section 2603(11)
/1/ of this Appendix.
(ii) If there is an agreement in force between the United States and
a foreign nation which provides that the United States shall exercise
jurisdiction over the launch of a launch vehicle or operation of a
launch site in the territory of such nation by a United States citizen
described in subparagraph (C) of section 2603(11) /1/ of this Appendix,
no such United States citizen shall launch a launch vehicle or operate a
launch site in the territory of such nation, unless authorized by a
license issued or transferred under this chapter.
(b) Compliance with payload requirements
(1) The holder of a launch license under this chapter shall not
launch a payload unless that payload complies with all requirements of
Federal law that relate to the launch of a payload. The Secretary shall
ascertain whether any license, authorization, or other permit required
by Federal law for a payload which is to be launched has been obtained.
(2) If no payload license, authorization, or permit is required by
any Federal law, the Secretary may take such action under this chapter
as the Secretary deems necessary to prevent the launch of a payload by a
holder of a launch license under this chapter if the Secretary
determines that the launch of such payload would jeopardize the public
health and safety, safety of property, or any national security interest
or foreign policy interest of the United States.
(c) Authority of other agencies
(1) Except as provided in this chapter, no person shall be required
to obtain from any agency a license, approval, waiver, or exemption for
the launch of a launch vehicle or the operation of a launch site.
(2) Nothing in this chapter shall affect the authority of the Federal
Communications Commission under the Communications Act of 1934 (47
U.S.C. 151 et seq.) or the authority of the Secretary of Commerce under
the Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201
et seq.).
(Pub. L. 98-575, 6, Oct. 30, 1984, 98 Stat. 3057.)
Section 2603(11) of this Appendix, referred to in subsec. (a)(2),
(3), was redesignated as section 2603(12) of this Appendix by Pub. L.
100-657, 3(2), Nov. 15, 1988, 102 Stat. 3900.
The Communications Act of 1934, referred to in subsec. (c)(2), is
act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is
classified principally to section 151 et seq. of Title 47, Telegraphs,
Telephones, and Radiotelegraphs. For complete classification of this
Act to the Code, see section 609 of Title 47 and Tables.
The Land Remote-Sensing Commercialization Act of 1984, referred to in
subsec. (c)(2), is Pub. L. 98-365, July 17, 1984, 98 Stat. 451, which
is classified principally to chapter 68 ( 4201 et seq.) of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 4201 of Title 15 and
Tables.
/1/ See References in Text note below.
49 USC 2606. Authority to issue and transfer licenses
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary may, consistent with the public health and safety,
safety of property, and national security interests and foreign policy
interests of the United States, issue or transfer a license for
launching one or more launch vehicles or for operating one or more
launch sites, or both, to an applicant who meets the requirements for a
license under section 2607 of this Appendix. Any license issued or
transferred under this section shall be in effect for such period of
time as the Secretary may specify, in accordance with regulations issued
under this chapter.
(Pub. L. 98-575, 7, Oct. 30, 1984, 98 Stat. 3058.)
49 USC 2607. Licensing requirements
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Applicability of other Federal requirements
(1) All requirements of Federal law which apply to the launch of a
launch vehicle or the operation of a launch site shall be requirements
for a license under this chapter for the launch of a launch vehicle or
the operation of a launch site, respectively, except to the extent
provided in paragraph (2).
(2) If the Secretary determines, in consultation with appropriate
agencies, that any requirement of Federal law that would otherwise apply
to the launch of a launch vehicle or the operation of a launch site is
not necessary to protect the public health and safety, safety of
property, and national security interests and foreign policy interests
of the United States, the Secretary may by regulation provide that such
requirement shall not be a requirement for a license under this chapter.
(b) Additional requirements
The Secretary may, with respect to launches and the operation of
launch sites, prescribe such additional requirements as are necessary to
protect the public health and safety, safety of property, and national
security interests and foreign policy interests of the United States.
(c) Waiver
The Secretary may, in individual cases, waive the application of any
requirement for a license under this section if the Secretary determines
that such waiver is in the public interest and will not jeopardize the
public health and safety, safety of property, or any national security
interest or foreign policy interest of the United States.
(Pub. L. 98-575, 8, Oct. 30, 1984, 98 Stat. 3058.)
49 USC 2608. License application and approval
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Application procedures
Any person may apply to the Secretary for issuance or transfer of a
license under this chapter, in such form and manner as the Secretary may
prescribe. The Secretary shall establish procedures and timetables to
expedite review of applications under this section and to reduce
regulatory burdens for applicants.
(b) Eligibility of applicant; conditions of license
The Secretary shall issue or transfer a license to an applicant if
the Secretary determines in writing that the applicant complies and will
continue to comply with the requirements of this chapter and any
regulation issued under this chapter. The Secretary shall include in
such license such conditions as may be necessary to ensure compliance
with this chapter, including an effective means of on-site verification
that a launch or operation of a launch site conforms to representations
made in the application for a license or transfer of a license. The
Secretary shall make a determination on any application not later than
180 days after receipt of such application. If the Secretary has not
made a determination within 120 days after receipt of such application,
the Secretary shall inform the applicant of any pending issues and of
actions required to resolve such issues.
(c) Disclosure of qualified information
The Secretary, any officer or employee of the United States, or any
person with whom the Secretary has entered into a contract under section
2613(b) of this Appendix may not disclose any data or information under
this chapter which qualifies for exemption under section 552(b)(4) of
title 5 or is designated as confidential by the person or agency
furnishing such data or information, unless the Secretary determines
that the withholding of such data or information is contrary to the
public or national interest.
(Pub. L. 98-575, 9, Oct. 30, 1984, 98 Stat. 3058.)
49 USC 2609. Suspension, revocation, and modification of licenses
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Grounds for suspension or revocation
The Secretary may suspend or revoke any license issued or transferred
under this chapter if the Secretary finds that the licensee has
substantially failed to comply with any requirement of this chapter, the
license, or any regulation issued under this chapter, or that the
suspension or revocation is necessary to protect the public health and
safety, safety of property, or any national security interest or foreign
policy interest of the United States.
(b) Procedures for modification
Upon application by the licensee or upon the Secretary's own
initiative, the Secretary may modify a license issued or transferred
under this chapter, if the Secretary finds that the modification will
comply with the requirements of this chapter.
(c) Commencement and duration
Unless otherwise specified by the Secretary, any suspension,
revocation, or modification by the Secretary under this section --
(1) shall take effect immediately; and
(2) shall continue in effect during any review of such action under
section 2611 of this chapter.
(d) Notification of action
Whenever the Secretary takes any action under this section, the
Secretary shall notify the licensee in writing of the Secretary's
finding and the action which the Secretary has taken or proposes to take
regarding such finding.
(Pub. L. 98-575, 10, Oct. 30, 1984, 98 Stat. 3059.)
49 USC 2610. Termination, prohibition, or suspension of launch or
operation of launch site
TITLE 49, APPENDIX -- TRANSPORTATION
(a) The Secretary may terminate, prohibit, or suspend immediately the
launch of a launch vehicle or the operation of a launch site which is
licensed under this chapter if the Secretary determines that such launch
or operation is detrimental to the public health and safety, safety of
property, or any national security interest or foreign policy interest
of the United States.
(b) An order terminating, prohibiting, or suspending any launch or
operation of a launch site licensed by the Secretary under this chapter
shall take effect immediately and shall continue in effect during any
review of such order under section 2611 of this Appendix.
(Pub. L. 98-575, 11, Oct. 30, 1984, 98 Stat. 3059.)
49 USC 2611. Administrative and judicial review
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Right to a hearing; determination on record
(1) An applicant for a license and a proposed transferee of a license
under this chapter shall be entitled to a determination on the record
after an opportunity for a hearing in accordance with section 554 of
title 5 of any decision of the Secretary under section 2608(b) of this
Appendix to issue or transfer a license with conditions or to deny the
issuance or transfer of such license. An owner or operator of a payload
shall be entitled to a determination on the record after an opportunity
for a hearing in accordance with section 554 of title 5 of any decision
of the Secretary under section 2605(b)(2) of this Appendix to prevent
the launch of such payload.
(2) A licensee under this chapter shall be entitled to a
determination on the record after an opportunity for a hearing in
accordance with section 554 of title 5 of any decision of the Secretary
--
(A) under section 2609 of this Appendix to suspend, revoke, or modify
a license; or
(B) under section 2610 of this Appendix to terminate, prohibit, or
suspend any launch or operation of a launch site licensed by the
Secretary.
(b) Judicial review of final actions of Secretary
Any final action of the Secretary under this chapter to issue,
transfer, deny the issuance or transfer of, suspend, revoke, or modify a
license or to terminate, prohibit, or suspend any launch or operation of
a launch site licensed by the Secretary or to prevent the launch of a
payload shall be subject to judicial review as provided in chapter 7 of
title 5.
(Pub. L. 98-575, 12, Oct. 30, 1984, 98 Stat. 3060.)
49 USC 2612. Regulations
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary may issue such regulations, after notice and comment in
accordance with section 553 of title 5, as may be necessary to carry out
this chapter.
(Pub. L. 98-575, 13, Oct. 30, 1984, 98 Stat. 3060.)
49 USC 2613. Monitoring of activities of licensee; observers
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Each license issued or transferred under this chapter shall
require the licensee --
(1) to allow the Secretary to place Federal officers or employees or
other individuals as observers at any launch site used by the licensee,
at any production facility or assembly site used by a contractor of the
licensee in the production or assembly of a launch vehicle, or at any
site where a payload is integrated with a launch vehicle, in order to
monitor the activities of the licensee or contractor at such time and to
such extent as the Secretary considers reasonable and necessary to
determine compliance with the license or to carry out the
responsibilities of the Secretary under section 2605(b) of this
Appendix; and
(2) to cooperate with such observers in the performance of monitoring
functions.
(b) The Secretary may, to the extent provided in advance by
appropriation Acts, enter into a contract with any person to carry out
subsection (a)(1) of this section.
(Pub. L. 98-575, 14, Oct. 30, 1984, 98 Stat. 3060.)
49 USC 2614. Use of Government property
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority of Secretary
The Secretary shall take such actions as may be necessary to
facilitate and encourage the acquisition (by lease, sale, transaction in
lieu of sale, or otherwise) by the private sector and State governments
of launch property of the United States which is excess or is otherwise
not needed for public use and of launch services, including utilities,
of the United States which are otherwise not needed for public use. In
taking such actions, the Secretary shall consider the commercial
availability, on reasonable terms and conditions, of substantially
equivalent launch property or launch services from a domestic source.
(b) Acquisition and payment by private sector; preemption of
scheduled launches
(1) The amount to be paid to the United States by any person who
acquires launch property or launch services, including utilities, shall
be established by the agency providing the property or service, in
consultation with the Secretary. In the case of acquisition of launch
property by sale or transaction in lieu of sale, the amount of such
payment shall be the fair market value. In the case of any other type
of acquisition of launch property, the amount of such payment shall be
an amount equal to the direct costs (including any specific wear and
tear and damage to the property) incurred by the United States as a
result of the acquisition of such launch property. In the case of any
acquisition of launch services, including utilities, the amount of such
payment shall be an amount equal to the direct costs (including salaries
of United States civilian and contractor personnel) incurred by the
United States as a result of the acquisition of such launch services.
For purposes of this paragraph, the term ''direct costs'' means the
actual costs that can by unambiguously associated with a commercial
launch effort, and would not be borne by the United States Government in
the absence of a commercial launch effort.
(2) The Secretary may collect any payment for launch property or
launch services, with the consent of the agency establishing such
payment under paragraph (1).
(3) The amount of any payment received by the United States for
launch property or launch services, including utilities, under this
subsection shall be deposited in the general fund of the Treasury, and
the amount of a payment for launch property (other than launch property
which is excess) and launch services (including utilities) shall be
credited to the appropriation from which the cost of providing such
property or services was paid.
(4)(A) The Secretary, with the cooperation of the Secretary of
Defense and the Administrator of the National Aeronautics and Space
Administration, shall take steps to ensure that the launches of payloads
with respect to which a launch date commitment from the United States
has been obtained for a launch licensed under this chapter are not
preempted from access to United States launch sites or launch property,
except in cases of imperative national need. Any determination of
imperative national need shall be made by the Secretary of Defense or
the Administrator of the National Aeronautics and Space Administration,
in consultation with the Secretary, and shall not be delegated. A
licensee or transferee preempted from access to a launch site or launch
property shall not be required to pay to the United States any amount
for launch services solely attributable to the scheduled launch
prevented by such preemption.
(B) The Secretary of Defense or the Administrator of the National
Aeronautics and Space Administration, in cooperation with the Secretary,
as the case may be, shall report to the Congress within 7 days after any
determination of imperative national need under subparagraph (A),
including an explanation of the circumstances justifying such
determination and a schedule for ensuring the prompt launching of a
preempted payload.
(c) Establishment of assurances to protect United States from
liability, loss, or injury
Consistent with the requirements of this chapter, the Secretary shall
establish requirements for proof of financial responsibility and such
other assurances as may be necessary to protect the United States and
its agencies and personnel from liability, death, bodily injury, or loss
of or damage to property as a result of a launch or operation of a
launch site involving Government facilities or personnel. The Secretary
may not under this subsection relieve the United States of liability for
death, bodily injury, or loss of or damage to property resulting from
the willful misconduct of the United States or its agents.
(d) Collection of payment by head of agency
The head of any Federal agency or department may collect payment for
activities involved in the production of a launch vehicle or its payload
for launch if such activities were agreed to by the owners or
manufacturers of such launch vehicle or payload.
(Pub. L. 98-575, 15, Oct. 30, 1984, 98 Stat. 3060; Pub. L. 100-657,
4, 5(b), 7, Nov. 15, 1988, 102 Stat. 3900, 3905, 3906; Pub. L.
101-611, title I, 117(b), Nov. 16, 1990, 104 Stat. 3202.)
1990 -- Subsec. (a). Pub. L. 101-611 inserted ''and State
governments'' after ''by the private sector''.
1988 -- Subsec. (a). Pub. L. 100-657, 4(a), inserted sentence at end
directing Secretary to consider commercial availability of substantially
equivalent launch property or launch services from domestic source.
Subsec. (b)(1). Pub. L. 100-657, 4(b), inserted sentence at end
defining ''direct costs''.
Subsec. (b)(4). Pub. L. 100-657, 7, added par. (4).
Subsec. (c). Pub. L. 100-657, 5(b), amended subsec. (c) generally.
Prior to amendment, subsec. (c) related to establishment of assurances
to protect United States from liability, loss, or injury.
Subsec. (d). Pub. L. 100-657, 4(c), added subsec. (d).
Amendment by Pub. L. 100-657 applicable to all licenses issued under
this chapter before, on, or after Nov. 15, 1988, see section 11 of Pub.
L. 100-657, set out as a note under section 2603 of this Appendix.
Section effective Oct. 30, 1984, except that nothing shall affect
any agreement, including negotiations, which are substantially
completed, relating to the acquisition of launch property or launch
services of the United States entered into on or before Oct. 30, 1984,
between the United States and any private party, see section 25(b) of
Pub. L. 98-575, set out as a note under section 2601 of this Appendix.
49 USC 2615. Liability insurance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Claims by third party; claims by United States; waivers; cost;
maximum probable loss determination
(1)(A) Each license issued or transferred under this chapter shall
require the licensee or transferee --
(i) to obtain liability insurance; or
(ii) to demonstrate financial responsibility,
in an amount sufficient to compensate the maximum probable loss (as
determined by the Secretary, after consultation with the Administrator
of the National Aeronautics and Space Administration, the Secretary of
the Air Force, and the heads of other appropriate agencies) from claims
by a third party for death, bodily injury, or loss of or damage to
property resulting from activities carried out under the license in
connection with any particular launch. In no event shall a licensee or
transferee be required to obtain insurance or demonstrate financial
responsibility under this subparagraph, with respect to the aggregate of
such claims arising out of any particular launch, in an amount which
exceeds (I) $500,000,000 or (II) the maximum liability insurance
available on the world market at a reasonable cost, if such insurance is
less than the amount in subclause (I).
(B) Each license issued or transferred under this chapter shall
require the licensee or transferee --
(i) to obtain liability insurance; or
(ii) to demonstrate financial responsibility,
in an amount sufficient to compensate the maximum probable loss (as
determined by the Secretary, after consultation with the Administrator
of the National Aeronautics and Space Administration, the Secretary of
the Air Force, and the heads of other appropriate agencies) from claims
against any person by the United States for loss of or damage to
property of the United States resulting from activities carried out
under the license in connection with any particular launch. In no event
shall a licensee or transferee be required to obtain insurance or
demonstrate financial responsibility under this subparagraph, with
respect to the aggregate of such claims arising out of any particular
launch, in an amount which exceeds (I) $100,000,000 or (II) the maximum
liability insurance available on the world market at a reasonable cost,
if such insurance is less than the amount in subclause (I).
(C) Each license issued or transferred under this chapter shall
require the licensee or transferee to enter into reciprocal waivers of
claims with its contractors, subcontractors, and customers, and the
contractors and subcontractors of such customers, involved in launch
services, under which each party to each such waiver agrees to be
responsible for any property damage or loss it sustains or for any
personal injury to, death of, or property damage or loss sustained by
its own employees resulting from activities carried out under the
license.
(D) The Secretary, on behalf of the United States, its agencies
involved in launch services, and contractors and subcontractors involved
in launch services, shall enter into reciprocal waivers of claims with
the licensee or transferee, its contractors, subcontractors, and
customers, and the contractors and subcontractors of such customers,
involved in launch services, under which each party to each such waiver
agrees to be responsible for any property damage or loss it sustains or
for any personal injury to, death of, or property damage or loss
sustained by its own employees resulting from activities carried out
under the license. Any such waiver shall apply only to the extent that
claims exceed the amount of insurance or demonstration of financial
responsibility required under subparagraph (B). After consultation with
the Administrator of the National Aeronautics and Space Administration
and the Secretary of the Air Force, the Secretary may also waive, on
behalf of the United States and any Federal agency, the right to recover
any damages for loss of or damage to property of the United States to
the extent insurance is not available by reason of policy exclusions
which are determined by the Secretary to be usual for the type of
insurance involved.
(2) Any insurance policy obtained, or demonstration of financial
responsibility made, pursuant to a requirement described in paragraph
(1) shall protect the United States, its agencies, personnel,
contractors, and subcontractors, and all contractors, subcontractors,
and customers of the licensee or transferee, and all contractors and
subcontractors of such customers, involved in providing the launch
services, to the extent of their potential liabilities, at no cost to
the United States.
(3) The Secretary shall determine the maximum probable loss under
paragraph (1)(A) and (B) associated with activities under a license,
within 90 days after a licensee or transferee has required such a
determination and has submitted all information the Secretary requires
to make such a determination. The Secretary shall amend such
determination as warranted by new information. Within 12 months after
November 15, 1988, and within each 12-month period thereafter, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a report on the current
determinations with respect to all issued licenses and the reasons for
those determinations.
(4) Within 6 months after November 15, 1988, and within each 12-month
period thereafter, the Secretary shall review the amounts specified in
paragraph (1)(A)(I) and (B)(I), and shall submit a report to the
Congress which, if appropriate, contains a proposed adjustment to such
amounts to conform with altered liability expectations and availability
of insurance on the world market. Such proposed adjustment shall take
effect 30 days after the submission of such report.
(b) Payment by United States; willful misconduct; aggregate claims;
consideration of compensation plan
(1) To the extent provided in advance in appropriations Acts or to
the extent there is enacted additional legislative authority to provide
for the payment of claims as submitted in the compensation plan outlined
in paragraph (4), the Secretary shall provide for the payment by the
United States of successful claims (including reasonable expenses of
litigation or settlement) of a third party against the licensee or
transferee, or its contractors, subcontractors, or customers, or the
contractors or subcontractors of such customers, resulting from
activities carried out pursuant to a license issued or transferred under
this chapter for death, bodily injury, or loss of or damage to property
resulting from activities carried out under the license, but only to the
extent that the aggregate of such successful claims arising out of any
particular launch --
(A) is in excess of the amount of insurance or demonstration of
financial responsibilities required under subsection (a)(1)(A) of this
section; and
(B) is not in excess of the level that is $1,500,000,000 (plus any
additional sums necessary to reflect inflation occurring after January
1, 1989) above such amount.
The Secretary shall not provide for payment of any part of such claim
for which the death, bodily injury, or loss of or damage to property has
resulted from willful misconduct by the licensee or transferee. To the
extent insurance required pursuant to subsection (a)(1)(A) of this
section is not available to cover any such successful third party
liability claim by reason of insurance policy exclusions determined by
the Secretary to be usual for the type of insurance involved, the
Secretary may provide for the payment of such excluded claims without
regard to the limitation expressed in subparagraph (A).
(2) The payment of claims under paragraph (1) shall be subject to --
(A) notice to the United States of any claim, or suit associated with
such claim, against a party described in paragraph (1) for death, bodily
injury, or loss of or damage to property;
(B) participation or assistance in the defense by the United States,
at its election, of that claim or suit; and
(C) approval by the Secretary of that portion of any settlement which
is to be paid out of appropriated funds of the United States.
(3) The Secretary may withhold payment under paragraph (1) if the
Secretary certifies that the amount is not just and reasonable, except
that the amount of any claim determined by the final judgment of a court
of competent jurisdiction shall be deemed by the Secretary to be just
and reasonable.
(4)(A) If as a result of activities carried out under a license
issued or transferred under this chapter the aggregate of the claims
arising out of a particular launch are likely to exceed the amount of
insurance or demonstration of financial responsibility required under
the license, the Secretary shall (i) make a survey of the causes and
extent of damage and (ii) expeditiously submit to the Congress a report
setting forth the results of such survey.
(B) Not later than 90 days after any determination by a court
indicating that the liability for the aggregate of claims arising out of
a particular launch under such a license may exceed the amount of
insurance or demonstration of financial responsibility required under
the license, the President, on the recommendation of the Secretary,
shall submit to the Congress a compensation plan or plans that (i)
outlines the aggregate dollar value of such claims; (ii) recommends
sources of funding to pay for these claims; and (iii) includes any
legislative language required to implement the compensation plan or
plans if additional legislative authority is required. No compensation
plan for a single event or incident may exceed the aggregate of
$1,500,000,000.
(C) Any compensation plan transmitted to the Congress pursuant to
subparagraph (B) shall bear an identification number and shall be
transmitted to both Houses of Congress on the same day and to each House
while it is in session.
(D)(i) The provisions of this subparagraph shall apply with respect
to consideration in the Senate of any such compensation plan and to
Senate action on such compensation plan.
(ii) Any such compensation plan that requires additional
appropriations or additional legislative authority must be considered by
the Senate pursuant to this subparagraph within 60 calendar days of
continuous session of Congress after the date on which such plan is
transmitted to the Congress.
(iii) For the purposes of this subparagraph, the term ''resolution''
means only a joint resolution of Congress the matter after the resolving
clause of which is as follows: ''That the approves the compensation
plan numbered submitted to the Congress on , 19 .'', the first blank
space therein being filled with the name of the resolving House and the
other blank spaces being appropriately filled; but does not include a
resolution which includes more than one compensation plan.
(iv) A resolution once introduced with respect to a compensation plan
shall immediately be referred to a committee (and all resolutions with
respect to the same compensation plan shall be referred to the same
committee) by the President of the Senate.
(v)(I) If the committee of the Senate to which a resolution with
respect to a compensation plan has been referred has not reported it at
the end of 20 calendar days after its referral, it shall be in order to
move either to discharge the committee from further consideration of
such resolution or to discharge the committee from further consideration
with respect to such compensation plan which has been referred to the
committee.
(II) A motion to discharge may be made only by an individual favoring
the resolution, shall be highly privileged (except that it may not be
made after the committee has reported a resolution with respect to the
same compensation plan), and debate thereon shall be limited to not more
than one hour, to be divided equally between those favoring and those
opposing the resolution. An amendment to the motion shall not be in
order, and it shall not be in order to move to reconsider the vote by
which the motion was agreed to or disagreed to.
(III) If the motion to discharge is agreed to or disagreed to, the
motion may not be renewed, nor may another motion to discharge the
committee be made with respect to any other resolution with respect to
the same compensation plan.
(vi)(I) When the committee has reported, or has been discharged from
further consideration of, a resolution, it shall be at any time
thereafter in order (even though a previous motion to the same effect
has been disagreed to) to move to proceed to the consideration of the
resolution. The motion shall be highly privileged and shall not be
debatable. An amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by which the motion
was agreed to or disagreed to.
(II) Debate on the resolution referred to in subclause (I) of this
clause shall be limited to not more than 10 hours, which shall be
divided equally between those favoring and those opposing such
resolution. A motion further to limit debate shall not be debatable.
An amendment to, or motion to recommit, the resolution shall not be in
order, and it shall not be in order to move to reconsider the vote by
which such resolution was agreed to or disagreed to.
(vii)(I) Motions to postpone, made with respect to the discharge from
committee, or the consideration of a resolution or motions to proceed to
the consideration of other business, shall be decided without debate.
(II) Appeals from the decision of the Chair relating to the
application of the rules of the Senate to the procedures relating to /1/
resolution shall be decided without debate.
(5) The provisions of paragraphs (1) through (4) shall apply only to
each license issued or transferred under this chapter for which a
complete and valid application has been received by the Secretary prior
to the date that is 5 years following November 15, 1988.
(c) Collection of insurance proceeds or other payment by head of
agency
The head of any Federal agency or department shall collect insurance
proceeds or any other payment owed for the loss of or damage to
Government property under its jurisdiction or control resulting from
activities carried out under a license issued or transferred under this
chapter. Such proceeds or other payment shall be credited to the
current applicable appropriations, funds, or accounts of that agency or
department.
(Pub. L. 98-575, 16, Oct. 30, 1984, 98 Stat. 3061; Pub. L. 100-657,
5(a), Nov. 15, 1988, 102 Stat. 3901.)
1988 -- Pub. L. 100-657 amended section generally. Prior to
amendment, section read as follows: ''Each person who launches a launch
vehicle or operates a launch site under a license issued or transferred
under this chapter shall have in effect liability insurance at least in
such amount as is considered by the Secretary to be necessary for such
launch or operation, considering the international obligations of the
United States. The Secretary shall prescribe such amount after
consultation with the Attorney General and other appropriate agencies.''
Amendment by Pub. L. 100-657 applicable to all licenses issued under
this chapter before, on, or after Nov. 15, 1988, see section 11 of Pub.
L. 100-657, set out as a note under section 2603 of this Appendix.
Section 6 of Pub. L. 100-657 provided that:
''(a) The requirements of subsection (a)(1)(B) of section 16 of the
Commercial Space Launch Act (49 App. U.S.C. 2615), as amended by this
Act, shall not apply to eligible satellites.
''(b) To the extent approved in appropriations Acts, the United
States shall not require payment for the provision of launch services in
connection with the commercial launch of an eligible satellite.
''(c) For purposes of this section, the term 'eligible satellite'
means a satellite that --
''(1) was under construction on August 15, 1986;
''(2) was the subject of a launch services agreement or contract with
the National Aeronautics and Space Administration, which as of August
15, 1986, was in effect and not yet carried out; and
''(3) is licensed for launch under the Commercial Space Launch Act
(this chapter).''
/1/ So in original. Probably should be followed by ''a''.
49 USC 2616. Enforcement authority
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority of Secretary
The Secretary shall enforce this chapter. The Secretary may delegate
the exercise of any enforcement authority under this chapter to any
officer or employee of the Department of Transportation or, with the
approval of the head of another agency, any officer or employee of such
agency.
(b) Power to investigate, inspect, or seize
In carrying out this section, the Secretary may --
(1) make investigations and inquiries, and administer to or take from
any person an oath, affirmation, or affidavit, concerning any matter
relating to enforcement of this chapter; and
(2) pursuant to any lawful process --
(A) enter at any reasonable time any launch site, production
facility, or assembly site of a launch vehicle, or any site where a
payload is integrated with a launch vehicle, for the purpose of
inspecting any object which is subject to this chapter and any records
or reports required by the Secretary to be made or kept under this
chapter; and
(B) seize any such object, record, or report where there is probable
cause to believe that such object, record, or report was used, is being
used, or is likely to be used in violation of this chapter.
(Pub. L. 98-575, 17, Oct. 30, 1984, 98 Stat. 3061.)
49 USC 2617. Prohibited acts
TITLE 49, APPENDIX -- TRANSPORTATION
It is unlawful for any person to violate a requirement of this
chapter, a regulation issued under this chapter, or any term, condition,
or restriction of any license issued or transferred by the Secretary
under this chapter.
(Pub. L. 98-575, 18, Oct. 30, 1984, 98 Stat. 3062.)
49 USC 2618. Civil penalties
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Amount; separate violations
Any person who is found by the Secretary, after notice and
opportunity to be heard on the record in accordance with section 554 of
title 5, to have committed any act prohibited by section 2617 of this
Appendix shall be liable to the United States for a civil penalty of not
more than $100,000 for each violation. Each day of a continuing
violation shall constitute a separate violation. The amount of such
civil penalty shall be assessed by the Secretary by written notice. The
Secretary may compromise, modify, or remit, with or without conditions,
any civil penalty which is subject to imposition or which has been
imposed under this section.
(b) Failure to pay
If any person fails to pay a civil penalty assessed against such
person after the penalty has become final or if such person appeals an
order of the Secretary and the appropriate court has entered final
judgment in favor of the Secretary, the Secretary shall recover the
civil penalty assessed in any appropriate district court of the United
States.
(c) Authority of Secretary
For purposes of conducting any hearing under this section, the
Secretary may (1) issue subpoenas for the attendance and testimony of
witnesses and the production of relevant papers, books, documents, and
other records, (2) seek enforcement of such subpoenas in the appropriate
district court of the United States, and (3) administer oaths and
affirmations.
(Pub. L. 98-575, 19, Oct. 30, 1984, 98 Stat. 3062.)
49 USC 2619. Consultation
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Matters of national defense
The Secretary shall consult with the Secretary of Defense on all
matters, including the issuance or transfer of each license, under this
chapter affecting national security. The Secretary of Defense shall be
responsible for identifying and notifying the Secretary of those
national security interests of the United States which are relevant to
activities under this chapter.
(b) Matters of foreign policy
The Secretary shall consult with the Secretary of State on all
matters, including the issuance or transfer of each license, under this
chapter affecting foreign policy. The Secretary of State shall be
responsible for identifying and notifying the Secretary of those foreign
policy interests or obligations of the United States which are relevant
to activities under this chapter.
(c) Other matters
The Secretary shall consult with other agencies, as appropriate, in
order to carry out the provisions of this chapter.
(Pub. L. 98-575, 20, Oct. 30, 1984, 98 Stat. 3062.)
49 USC 2620. Relationship to other laws and international obligations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Federal preemption
No State or political subdivision of a State may adopt or have in
effect any law, rule, regulation, standard, or order which is
inconsistent with the provisions of this chapter. Nothing in this
chapter shall preclude a State or a political subdivision of a State
from adopting or putting into effect any law, rule, regulation,
standard, or order which is consistent with this chapter and is in
addition to or more stringent than any requirement of or regulation
issued under this chapter. The Secretary may, and is encouraged to,
consult with the States to simplify and expedite the approval of space
launch activities.
(b) Inapplicability of exports laws
A launch vehicle or payload shall not, by reason of the launching of
such vehicle or payload, be considered an export for purposes of any law
controlling exports.
(c) Activities not within chapter
Nothing in this chapter shall apply to --
(1) any --
(A) launch or operation of a launch vehicle,
(B) operation of a launch site, or
(C) other space activity,
carried out by the United States on behalf of the United States; or
(2) any planning or policies relating to any such launch, operation,
or activity.
(d) Effect of treaty, convention, or agreement with foreign nations
The Secretary shall carry out this chapter consistent with any
obligation assumed by the United States in any treaty, convention, or
agreement that may be in force between the United States and any foreign
nation. In carrying out this chapter, the Secretary shall consider
applicable laws and requirements of any foreign nation.
(Pub. L. 98-575, 21, Oct. 30, 1984, 98 Stat. 3063.)
49 USC 2621. Reports to Congress
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Not later than the last day of each fiscal year ending after
October 30, 1984, and before October 1, 1989, the Secretary shall submit
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing all activities
undertaken under this chapter, including a description of the process
for the application for and approval of licenses under this chapter and
recommendations for legislation that may further commercial launches.
(b) Not later than July 1, 1985, the Secretary shall submit to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report which identifies Federal statutes, treaties, regulations, and
policies which may have an adverse effect on commercial launches and
include recommendations on appropriate changes thereto.
(Pub. L. 98-575, 22, Oct. 30, 1984, 98 Stat. 3063.)
49 USC 2622. Severability
TITLE 49, APPENDIX -- TRANSPORTATION
If any provision of this chapter, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this chapter and the application of such provision to any other
person or circumstance shall not be affected by such invalidation.
(Pub. L. 98-575, 23, Oct. 30, 1984, 98 Stat. 3063.)
49 USC 2623. Authorization of appropriations
TITLE 49, APPENDIX -- TRANSPORTATION
There is authorized to be appropriated to the Secretary for fiscal
year 1992 --
(1) $5,104,000 to carry out this chapter; and
(2) $20,000,000 for a program to ensure the resiliency of the
Nation's space launch infrastructure, only if a statute is enacted into
law to establish that program within the Department of Transportation.
(Pub. L. 98-575, 24, Oct. 30, 1984, 98 Stat. 3064; Pub. L. 99-170,
title III, 301, Dec. 5, 1985, 99 Stat. 1018; Pub. L. 100-147, title I,
120, Oct. 30, 1987, 101 Stat. 868; Pub. L. 100-685, title II, 213, Nov.
17, 1988, 102 Stat. 4093; Pub. L. 101-611, title I, 117( a), Nov. 16,
1990, 104 Stat. 3202; Pub. L. 102-195, 13, Dec. 9, 1991, 105 Stat.
1613.)
1991 -- Pub. L. 102-195 amended section generally. Prior to
amendment, section read as follows: ''There are authorized to be
appropriated to the Secretary $4,000,000 for fiscal year 1985. There is
authorized to be appropriated to the Secretary to carry out this chapter
$586,000 for fiscal year 1986. There is authorized to be appropriated
to the Secretary to carry out this chapter $4,548,000 for fiscal year
1988. There is authorized to be appropriated to the Secretary to carry
out this chapter $3,827,000 for fiscal year 1989. There are authorized
to be appropriated to the Secretary to carry out this chapter $4,517,000
for fiscal year 1991, of which $250,000 shall be made available for the
provision of launch services for eligible satellites in accordance with
section 6 of the Commercial Space Launch Act Amendments of 1988.''
1990 -- Pub. L. 101-611 inserted sentence at end authorizing
$4,517,000 for fiscal year 1991, of which $250,000 shall be made
available for certain launch services.
1988 -- Pub. L. 100-685 inserted provision authorizing $3,827,000
for fiscal year 1989.
1987 -- Pub. L. 100-147 inserted provision authorizing $4,548,000
for fiscal year 1988.
1985 -- Pub. L. 99-170 inserted provision authorizing $586,000 for
fiscal year 1986.
49 USC CHAPTER 36 -- COMMERCIAL MOTOR VEHICLE SAFETY
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2701. Limitation on number of driver's licenses.
2702. Notification requirements.
(a) Notification of violations.
(b) Notification of suspensions.
(c) Notification of previous employment.
2703. Employer responsibilities.
2704. Testing of operators.
(a) Establishment of minimum Federal standards.
(b) Requirement for operation of CMV.
(c) Basic grant program.
(d) Supplemental grant program.
(e) Limitations on grant programs.
2705. Commercial driver's license.
2706. Commercial driver's license information system.
(a) Deadline.
(b) Agreement for use of non-Federal system.
(c) Establishment.
(d) Minimum information.
(e) Availability of information.
(f) Collection of fees.
(g) Funding.
2707. Federal disqualifications.
(a) Drunk driving; leaving scene of accident; felonies.
(b) Controlled substance felonies.
(c) Serious traffic violations.
(d) Enforcement of drinking and driving regulations.
(e) Limitation on applicability.
(f) Blood alcohol concentration level.
2708. Requirements for State participation.
(a) In general.
(b) Satisfaction of State disqualification requirement.
(c) Notification.
2709. Grant program.
(a) Establishment.
(b) Minimum amount of grant.
(c) Limitation on use of funds.
(d) Contract authority.
(e) Period of availability.
(f) Funding.
2710. Withholding of highway funds for State noncompliance.
(a) First year.
(b) After first year.
(c) Period of availability; effect of compliance and noncompliance.
2711. Waiver authority.
2712. Truck brake regulations.
2713. Radar demonstration project.
(a) Project description.
(b) Reports.
2714. Limitation on statutory construction.
2715. Regulations.
(a) Authority to issue.
(b) Compliance with title 5.
2716. Definitions.
2717. Alcohol and controlled substances testing.
(a) Regulations.
(b) Testing.
(c) Program for rehabilitation.
(d) Procedures for testing.
(e) Effect on other laws and regulations.
(f) Application of penalties.
(g) ''Controlled substance'' defined.
2718. Violation of out-of-service orders.
(a) Regulations.
(b) Minimum requirements.
(c) Deadlines.
49 USC 2701. Limitation on number of driver's licenses
TITLE 49, APPENDIX -- TRANSPORTATION
Effective July 1, 1987, no person who operates a commercial motor
vehicle shall at any time have more than one driver's license, except
during the 10-day period beginning on the date such person is issued a
driver's license and except whenever a State law enacted on or before
June 1, 1986, requires such person to have more than one driver's
license. The second exception in the preceding sentence shall not be
effective after December 31, 1989.
(Pub. L. 99-570, title XII, 12002, Oct. 27, 1986, 100 Stat.
3207-170.)
Section 12001(a) of title XII of Pub. L. 99-570 provided that:
''This title (enacting this chapter and amending section 2304 of this
Appendix and section 521 of Title 49, Transportation) may be cited as
the 'Commercial Motor Vehicle Safety Act of 1986'.''
49 USC 2702. Notification requirements
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Notification of violations
(1) To States
Effective July 1, 1987, each person who operates a commercial
vehicle, who has a driver's license issued by a State, and who violates
a State or local law relating to motor vehicle traffic control (other
than a parking violation) in any other State shall notify a State
official designated by the State which issued such license of such
violation, within 30 days after the date such person is found to have
committed such violation.
(2) To employers
Effective July 1, 1987, each person who operates a commercial
vehicle, who has a driver's license issued by a State, and who violates
a State or local law relating to motor vehicle traffic control (other
than a parking violation) shall notify his or her employer of such
violation, within 30 days after the date such person is found to have
committed such violation.
(b) Notification of suspensions
Effective July 1, 1987, each employee who has a driver's license
suspended, revoked, or cancelled by a State, who loses the right to
operate a commercial motor vehicle in a State for any period, or who is
disqualified from operating a commercial motor vehicle for any period
shall notify his or her employer of such suspension, revocation,
cancellation, lost right, or disqualification, within 30 days after the
date of such suspension, revocation, cancellation, lost right, or
disqualification.
(c) Notification of previous employment
(1) General rule
Effective July 1, 1987, subject to paragraph (2) of this subsection,
each person who operates a commercial motor vehicle and applies for
employment as an operator of a commercial motor vehicle with an employer
shall notify at the time of such application the employer of his or her
previous employment as an operator of a commercial motor vehicle.
(2) Period of previous employment
The Secretary shall establish by regulation the period for which
previous employment must be notified under paragraph (1), except that
such period shall not be less than a 10-year period ending on the date
of application for employment.
(Pub. L. 99-570, title XII, 12003, Oct. 27, 1986, 100 Stat.
3207-171.)
49 USC 2703. Employer responsibilities
TITLE 49, APPENDIX -- TRANSPORTATION
Effective July 1, 1987, no employer shall knowingly allow, permit, or
authorize an employee to operate a commercial motor vehicle in the
United States during any period --
(1) in which such employee has a driver's license suspended, revoked,
or cancelled by a State, has lost the right to operate a commercial
motor vehicle in a State, or has been disqualified from operating a
commercial motor vehicle; or
(2) in which such employee has more than 1 driver's license, except
during the 10-day period beginning on the date such employee is issued a
driver's license and except whenever a State law enacted on or before
June 1, 1986, requires such employee to have more than one driver's
license.
The second exception in paragraph (2) shall not be effective after
December 31, 1989.
(Pub. L. 99-570, title XII, 12004, Oct. 27, 1986, 100 Stat.
3207-171.)
49 USC 2704. Testing of operators
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment of minimum Federal standards
Not later than July 15, 1988, the Secretary shall issue regulations
to establish minimum Federal standards for testing and ensuring the
fitness of persons who operate commercial motor vehicles. Such
regulations --
(1) shall establish minimum Federal standards for written tests and
driving tests of persons who operate such vehicles;
(2) shall require a driving test of each person who operates or will
operate a commercial motor vehicle in a vehicle which is representative
of the type of vehicle such person operates or will operate;
(3) shall establish minimum Federal testing standards for operation
of commercial motor vehicles and, if the Secretary considers appropriate
to carry out the objectives of this chapter, may establish different
minimum testing standards for different classes of commercial motor
vehicles;
(4) shall ensure that each person taking such tests has a working
knowledge of (A) regulations pertaining to safe operation of a
commercial motor vehicle issued by the Secretary and contained in title
49 of the Code of Federal Regulations, and (B) any safety system of such
vehicle;
(5) in the case of a person who operates or will operate a commercial
motor vehicle carrying a hazardous material, shall ensure --
(A) that such person is qualified to operate a commercial motor
vehicle in accordance with all regulations pertaining to motor vehicle
transportation of such material issued by the Secretary under the
Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.);
and
(B) that such person has a working knowledge of --
(i) such regulations,
(ii) handling of such material,
(iii) the operation of emergency equipment used in response to
emergencies arising out of the transportation of such material, and
(iv) appropriate response procedures to be followed in such
emergencies;
(6) shall establish minimum scores for passing such tests;
(7) shall ensure that each person taking such tests is qualified to
operate a commercial motor vehicle under the regulations issued by the
Secretary and contained in title 49 of the Code of Federal Regulations
to the extent such regulations are applicable to such person; and
(8) may require --
(A) issuance of a certification of fitness to operate a commercial
motor vehicle to each person who passes such tests; and
(B) such person to have a copy of such certification in his or her
possession whenever such person is operating a commercial motor vehicle.
(b) Requirement for operation of CMV
(1) General rule
Except as provided under paragraph (2), no person may operate a
commercial motor vehicle unless such person has taken and passed a
written and driving test to operate such vehicle which meets the minimum
Federal standards established by the Secretary under subsection (a) of
this section.
(2) Exception
The Secretary may issue regulations which provide that a person --
(A) who passes a driving test for operation of a commercial motor
vehicle in accordance with the minimum standards established under
subsection (a) of this section, and
(B) who has a driver's license which is not suspended, revoked, or
cancelled,
may operate such a vehicle for a period not to exceed 90 days.
(3) Effective date
Paragraph (1) shall take effect on such date as the Secretary shall
establish by regulation. Such date shall be as soon as practicable
after October 27, 1986, but not later than April 1, 1992.
(c) Basic grant program
(1) Eligibility for fiscal years 1987, 1988, and 1989
The Secretary may make a grant to a State in any of fiscal years
1987, 1988, and 1989 --
(A) if the State enters into an agreement with the Secretary to
develop a program for testing and ensuring the fitness of persons who
operate commercial motor vehicles; and
(B) if the State has in effect and enforces in such fiscal year a law
which provides that any person with a blood alcohol concentration of
0.10 percent or greater when operating a commercial motor vehicle is
deemed to be driving while under the influence of alcohol.
(2) Eligibility after fiscal year 1989
The Secretary may make a grant to a State in a fiscal year beginning
after September 30, 1989 --
(A) if the State enters into an agreement with the Secretary --
(i) to adopt and administer in such fiscal year a program for testing
and ensuring the fitness of persons who operate commercial motor
vehicles in accordance with all of the minimum Federal standards
established by the Secretary under subsection (a) of this section; and
(ii) to require that operators of commercial motor vehicles have
passed written and driving tests which comply with such minimum
standards; and
(B) if the State has in effect and enforces in such fiscal year a law
which provides that any person with a blood alcohol concentration of
0.10 percent or greater when operating a commercial motor vehicle is
deemed to be driving while under the influence of alcohol.
(3) Administration of driving test
A State --
(A) may administer driving tests referred to in paragraph (2) and
section 2708(a) of this Appendix; or
(B) may enter into an agreement, approved by the Secretary, to
administer such tests with a person (including a department, agency or
instrumentality of a local government) which meets such minimum
standards as the Secretary shall establish by regulation --
(i) if the agreement allows the Secretary and the State each to
conduct random examinations, inspections, and audits of such testing
without prior notification; and
(ii) if the State conducts at least annually one onsite inspection of
such testing.
(4) Minimum amount of grant
The Secretary shall determine the amount of grants in a fiscal year
to be made under this subsection to a State eligible to receive such
grants in the fiscal year; except that --
(A) such State shall not be granted less than $100,000 under this
subsection in the fiscal year; and
(B) to the extent that any States are granted more than $100,000 per
State in the fiscal year under this subsection, the Secretary shall
ensure that such States are treated equitably.
(5) Limitation on use of funds
(A) In fiscal years 1987, 1988, and 1989
A State receiving a grant under this subsection in fiscal year 1987,
1988, or 1989 may only use the funds provided under such grant for
developing a program for testing and ensuring the fitness of persons who
operate commercial motor vehicles.
(B) Thereafter
A State receiving a grant under this subsection in any fiscal year
beginning after September 30, 1989, may only use the funds provided
under such grant for testing operators of commercial motor vehicles.
(6) Development of testing program described
For purposes of this subsection and subsection (d) of this section,
development of a program for testing and ensuring the fitness of persons
who operate commercial motor vehicles includes but is not limited to
studies of the number of vehicles which will need to be tested under
such program in a calendar year, studies of facilities at which testing
of such persons could be conducted, and studies of additional resources
(including personnel) which will be necessary to conduct such testing.
(7) Funding
There shall be available to the Secretary to carry out this
subsection $5,000,000 from funds made available to carry out section
2304 of this Appendix for each of fiscal years 1987, 1988, 1989, 1990,
and 1991.
(d) Supplemental grant program
(1) Eligibility and purposes
The Secretary may make in a fiscal year grants to States eligible to
receive grants under subsection (c) of this section in such fiscal year.
A grant made under this subsection in fiscal year 1987, 1988, or 1989
shall be used for developing a program for testing and ensuring the
fitness of persons who operate commercial motor vehicles. A grant made
under this subsection in any fiscal year beginning after September 30,
1989, shall be used for testing operators of commercial motor vehicles.
(2) Distribution
Funds granted under this subsection in a fiscal year beginning after
September 30, 1989, shall be distributed among the States eligible to
receive grants under subsection (c) of this section in such fiscal year
on the basis of the number of written and driving tests administered,
and the number of drivers' licenses for operation of commercial motor
vehicles, issued in the preceding fiscal year.
(3) Funding
There shall be available to the Secretary to carry out this
subsection --
(A) $3,000,000 from funds made available to carry out section 402 of
title 23 by the National Highway Traffic Safety Administration for each
of fiscal years 1987, and 1988;
(B) $3,000,000 from funds made available to carry out section 2304 of
this Appendix for each of fiscal years 1989, 1990, and 1991.
(e) Limitations on grant programs
(1) Maintenance of effort
The Secretary may not make a grant to any State under this section
unless such State agrees that the aggregate expenditure of funds of the
State and political subdivisions thereof, exclusive of Federal funds,
for testing of operators of commercial motor vehicles will be maintained
at a level which does not fall below the average level of such
expenditure for its last two fiscal years preceding October 27, 1986.
(2) Period of availability
Funds made available to carry out this subsection shall remain
available for obligation by the State for the fiscal year for which such
funds are made available. Any of such funds not obligated before the
last day of such period shall no longer be available for obligation by
such State and shall be available to the Secretary for carrying out the
purposes of this chapter. Funds made available pursuant to this section
shall remain available until expended.
(3) Contract authority
Notwithstanding any other provision of law, approval by the Secretary
of a grant to a State under this section shall be deemed to be a
contractual obligation of the United States for payment of the amount of
the grant.
(Pub. L. 99-570, title XII, 12005, Oct. 27, 1986, 100 Stat.
3207-171.)
This chapter, referred to in subsecs. (a)(3) and (e)(2), was in the
original ''this title'', meaning title XII of Pub. L. 99-570, Oct. 27,
1986, 100 Stat. 3207-170, known as the Commercial Motor Vehicle Safety
Act of 1986, which enacted this chapter and amended section 2304 of this
Appendix and section 521 of Title 49, Transportation. For complete
classification of this Act to the Code, see Short Title note set out
under section 2701 of this Appendix and Tables.
The Hazardous Materials Transportation Act, referred to in subsec.
(a)(5)(A), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156,
as amended, which is classified principally to chapter 27 ( 1801 et
seq.) of this Appendix. For complete classification of this Act to the
Code, see Short Title note set out under section 1801 of this Appendix
and Tables.
49 USC 2705. Commercial driver's license
TITLE 49, APPENDIX -- TRANSPORTATION
Not later than July 15, 1988, the Secretary, after consultation with
the States, shall issue regulations establishing minimum uniform
standards for the issuance of commercial drivers' licenses by the States
and for information to be contained on such licenses. Such standards
shall, at a minimum, require that --
(1) each person who is issued a commercial driver's license passes a
written and driving test for the operation of a commercial motor vehicle
which complies with the minimum Federal standards established by the
Secretary under section 2704(a) of this Appendix;
(2) the commercial drivers' licenses are, to the maximum extent
practicable, tamper proof; and
(3) each commercial driver's license contain the following
information:
(A) the name and address of the person to whom such license is issued
and a physical description of such person;
(B) the social security number or such other number or information as
the Secretary determines appropriate to identify such person;
(C) the class or type of commercial motor vehicle or vehicles which
such person is authorized to operate under such license;
(D) the name of the State which issued such license; and
(E) the dates between which such license is valid.
(Pub. L. 99-570, title XII, 12006, Oct. 27, 1986, 100 Stat.
3207-175.)
49 USC 2706. Commercial driver's license information system
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Deadline
Not later than January 1, 1989, the Secretary shall either enter into
an agreement under subsection (b) of this section for operation of, or
establish under subsection (c) of this section, an information system
which will serve as a clearinghouse and depository of information
pertaining to the licensing and identification of operators of
commercial motor vehicles and the disqualification of such operators
from operating commercial motor vehicles. In carrying out this section,
the Secretary consult /1/ the States.
(b) Agreement for use of non-Federal system
(1) Review
Not later than January 1, 1988, the Secretary shall conduct a review
of information systems utilized by 1 or more States pertaining to the
driving status of operators of motor vehicles and other State-operated
information systems for the purpose of determining whether or not any of
such systems could be utilized to carry out this section.
(2) Agreement
If the Secretary determines that one of the information systems
reviewed under paragraph (1) could be utilized to carry out this section
and the State or States utilizing such system agree to the use of such
system for carrying out this section, the Secretary may enter into an
agreement with such State or States for the use of such system in
accordance with the provisions of this section and section 2708(c) of
this Appendix.
(3) Terms of agreement
Any agreement entered into under this subsection shall contain such
terms and conditions as the Secretary considers necessary to carry out
the objectives of this chapter.
(c) Establishment
If the Secretary does not enter into an agreement under subsection
(b) of this section, the Secretary shall establish an information system
pertaining to the driving status and licensing of operators of
commercial motor vehicles in accordance with the provisions of this
section.
(d) Minimum information
The information system under this section shall, at a minimum,
include the following information concerning each operator of a
commercial motor vehicle:
(1) Such information as the Secretary considers appropriate to ensure
identification of such operator.
(2) The name and address of such operator and a physical description
of such operator.
(3) The social security number of such operator or such other number
or information as the Secretary determines appropriate to identify such
operator.
(4) The name of the State which issued the driver's license to such
operator.
(5) The dates between which such license is valid.
(6) Whether or not such operator has or has had a driver's license
which authorized such person to operate a commercial motor vehicle
suspended, revoked, or cancelled by a State, has lost the right to
operate a commercial motor vehicle in a State for any period, or has
been disqualified from operating a commercial motor vehicle.
(e) Availability of information
(1) To State
Upon request of a State, the Secretary or the operator of the
information system, as the case may be, may make available to such State
information in the information system under this section.
(2) To the employee
Upon request of an employee, the Secretary or the operator of the
information system, as the case may be, may make available to such
employee information in the information system relating to such
employee.
(3) To employer
Upon request of an employer or prospective employer of an employee
and after notification of such employee, the Secretary or the operator
of the information system, as the case may be, may make available to
such employer or prospective employer information in the information
system relating to such employee.
(4) To the Secretary
Upon the request of the Secretary, the operator of the information
system shall make available to the Secretary such information pertaining
to the driving status and licensing of operators of commercial motor
vehicles (including the information required by subsection (d) of this
section) as the Secretary may request.
(f) Collection of fees
If the Secretary establishes an information system under this
section, the Secretary shall establish a fee system for utilization of
the information system. The amount of fees collected pursuant to this
subsection in any fiscal year shall as nearly as possible equal the
costs of operating the information system in such fiscal year. The
Secretary shall deposit fees collected under this subsection in the
Highway Trust Fund (other than the Mass Transit Account).
(g) Funding
There shall be available to the Secretary to carry out this section
not to exceed $2,000,000 from funds made available to carry out section
402 of title 23 by the National Highway Safety Traffic Administration
for each of fiscal years 1987, 1988, and 1989. Such funds shall remain
available until expended.
(Pub. L. 99-570, title XII, 12007, Oct. 27, 1986, 100 Stat.
3207-175.)
Pub. L. 100-690, title IX, 9105, Nov. 18, 1988, 102 Stat. 4530,
provided that:
''(a) Regulations. -- Not later than December 31, 1990, the Secretary
shall issue regulations establishing, for purposes of sections 12007 and
12009 of the Commercial Motor Vehicle Safety Act of 1986 (sections 2706
and 2708 of this Appendix), minimum uniform standards for a biometric
identification system to ensure identification of operators of
commercial motor vehicles.
''(b) Pilot Demonstration Project. -- To carry out a pilot project to
demonstrate the use of biometric identification systems for ensuring
identification of operators of commercial motor vehicles, the Secretary
may use not to exceed in each of fiscal years 1989 and 1990 --
''(1) $500,000 from the funds made available to carry out section 402
of the Surface Transportation Assistance Act of 1982 (section 2302 of
this Appendix); and
''(2) $1,000,000 from the funds made available to carry out section
12010 of the Commercial Motor Vehicle Safety Act of 1986 (section 2709
of this Appendix).''
/1/ So in original.
49 USC 2707. Federal disqualifications
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Drunk driving; leaving scene of accident; felonies
(1) First offense
(A) General rule
Except as provided in subparagraph (B) and paragraph (2), the
Secretary shall disqualify from operating a commercial motor vehicle for
a period of not less than 1 year each person --
(i) who is found to have committed a first violation --
(I) of driving a commercial motor vehicle while under the influence
of alcohol or a controlled substance, or
(II) of leaving the scene of an accident involving a commercial motor
vehicle operated by such person; or
(ii) who uses a commercial motor vehicle in the commission of a
felony (other than a felony described in subsection (b) of this
section).
(B) Special rule
If the vehicle operated or used in connection with the violation or
the commission of the felony referred to in subparagraph (A) is
transporting a hazardous material required by the Secretary to be
placarded under section 1804 of this Appendix, the Secretary shall
disqualify the person for a period of not less than 3 years.
(2) Second offense
(A) General rule
Subject to subparagraph (B), the Secretary shall disqualify from
operating a commercial motor vehicle for life each person --
(i) who is found to have committed more than one violation of driving
a commercial motor vehicle while under the influence of alcohol or a
controlled substance;
(ii) who is found to have committed more than one violation of
leaving the scene of an accident involving a commercial motor vehicle
operated by such person;
(iii) who uses a commercial motor vehicle in the commission of more
than one felony arising out of different criminal episodes; or
(iv)(I) who is found to have committed a violation described in
clause (i) or (ii), and
(II) who is found to have committed a violation described in the
other of such clauses or uses a commercial motor vehicle in the
commission of a felony.
(B) Special rule
The Secretary may issue regulations which establish guidelines
(including conditions) under which a disqualification for life under
subparagraph (A) may be reduced to a period of not less than 10 years.
(b) Controlled substance felonies
The Secretary shall disqualify from operating a commercial motor
vehicle for life each person who uses a commercial motor vehicle in the
commission of a felony involving manufacturing, distributing, or
dispensing a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance.
(c) Serious traffic violations
(1) Second violation
The Secretary shall disqualify from operating a commercial motor
vehicle for a period of not less than 60 days each person who, in a
3-year period, is found to have committed 2 serious traffic violations
involving a commercial motor vehicle operated by such person.
(2) Third violation
The Secretary shall disqualify from operating a commercial motor
vehicle for a period of not less than 120 days each person who, in a
3-year period, is found to have committed 3 serious traffic violations
involving a commercial motor vehicle operated by such person.
(d) Enforcement of drinking and driving regulations
(1) Out of service
Not later than 1 year after October 27, 1986, the Secretary, for
purposes of enforcing section 392.5 /1/ of the Code of Federal
Regulations, shall issue regulations which establish and enforce an out
of service period of 24 hours for any person who violates such section.
(2) Violations of out-of-service orders
No person shall violate an out-of-service order issued under
paragraph (1) of this subsection.
(3) Reporting requirements
Not later than 1 year after October 27, 1986, the Secretary shall
issue regulations establishing and enforcing requirements for reporting
of out-of-service orders issued pursuant to regulations issued under
paragraph (1). Regulations issued under this paragraph shall, at a
minimum, require an operator of a commercial motor vehicle who is issued
such an order to report such issuance to his or her employer and to the
State which issued such operator his or her driver's license.
(e) Limitation on applicability
(1) General rule
Notwithstanding any requirement of subsections (a), (b), and (c) of
this section, the Secretary does not have to disqualify from operating a
commercial motor vehicle any person who has been disqualified from
operating a commercial motor vehicle in accordance with such requirement
by the State which issued the driver's license which authorized such
person to operate such vehicle.
(2) Satisfaction of State disqualification
For purposes of paragraph (1), suspension, revocation, or
cancellation of a driver's license which authorizes a person to operate
a commercial motor vehicle by a State shall be treated as
disqualification of such person from operating such vehicle.
(f) Blood alcohol concentration level
(1) Study
(A) National Academy of Sciences
Not later than 30 days after October 27, 1986, the Secretary shall
undertake to enter into appropriate arrangements with the National
Academy of Sciences to conduct a study of the appropriateness of
reducing the blood alcohol concentration level at or above which a
person when operating a commercial motor vehicle is deemed to be driving
while under the influence of alcohol from 0.10 to 0.04 percent.
(B) Report
In entering into any arrangements with the National Academy of
Sciences for conducting the study under this subsection, the Secretary
shall request the National Academy of Sciences to submit, not later than
1 year after October 27, 1986, to the Secretary a report on the results
of such study.
(2) Rulemaking
Not later than 1 year after October 27, 1986, the Secretary shall
commence a rulemaking to determine whether or not, for purposes of this
section and section 2708 of this Appendix, the blood alcohol
concentration level at or above which a person when operating a
commercial motor vehicle is deemed to be driving while under the
influence of alcohol should be reduced from 0.10 to 0.04 percent (or
some other percentage less than 0.10).
(3) Issuance of rule
Not later than 2 years after October 27, 1986, the Secretary shall
issue a rule which establishes, for purposes of this section and section
2708 of this Appendix, the blood alcohol concentration level at or above
which a person when operating a commercial motor vehicle shall be deemed
to be driving while under the influence of alcohol at 0.10 percent or
such lesser percentage as the Secretary determines appropriate.
(4) Failure of the Secretary to issue rule
If the Secretary does not issue a rule described in paragraph (3) in
the 2-year period beginning on October 27, 1986, for purposes of this
section and section 2708 of this Appendix, the blood alcohol
concentration level at or above which a person operating a commercial
motor vehicle shall be deemed to be driving while under the influence of
alcohol shall be 0.04 percent.
(Pub. L. 99-570, title XII, 12008, Oct. 27, 1986, 100 Stat.
3207-177.)
/1/ So in original. Probably should be followed by ''of title 49''.
49 USC 2708. Requirements for State participation
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
In order not to have funds withheld under section 2710 of this
Appendix from apportionment, each State shall comply with the following
requirements:
(1) Testing program
The State shall adopt and administer a program for testing and
ensuring the fitness of persons to operate commercial motor vehicles in
accordance with all of the minimum Federal standards established by the
Secretary under section 2704(a) of this Appendix.
(2) Test standards
The State shall not issue a commercial driver's license to a person
unless such person passes a written and driving test for the operation
of a commercial motor vehicle which complies with such minimum
standards.
(3) Driving while under the influence
The State shall have in effect and enforce a law which provides that
any person with a blood alcohol concentration level at or above the
level established by or under section 2707(f) of this Appendix when
operating a commercial motor vehicle is deemed to be driving while under
the influence of alcohol.
(4) CDL issuance and information
The State shall authorize a person to operate a commercial motor
vehicle only by issuance of a commercial driver's license which contains
the information described in section 2705(3) of this Appendix.
(5) Advance notification of licensing
At least 60 days before issuance of a commercial driver's license or
such shorter period as the Secretary may establish by regulation, the
State shall notify the Secretary or the operator of the information
system under section 2706 of this Appendix, as the case may be, of the
proposed issuance of such license and such other information as the
Secretary may require to ensure identification of the person applying
for such license.
(6) Information request
Before issuance of a commercial driver's license to a person, the
State shall request from any other State which has issued a commercial
driver's license to such person all information pertaining to the
driving record of such person.
(7) Notification of licensing
Within 30 days after issuance of a commercial driver's license, the
State shall notify the Secretary or the operator of the information
system under section 2706 of this Appendix, as the case may be, of the
issuance.
(8) Notification of disqualifications
Within 10 days after disqualification of the holder of a commercial
driver's license from operating a commercial motor vehicle (or after
suspension, revocation, or cancellation of such license) for a period of
60 days or more, the State shall notify --
(A) the Secretary or the operator of the information system under
section 2706 of this Appendix, as the case may be, and
(B) the State which issued the license,
of such disqualification, suspension, revocation, or cancellation.
(9) Notification of traffic violations
Within 10 days after a person who operates a commercial motor
vehicle, who has a driver's license issued by any other State, and who
violates a State or local law relating to motor vehicle traffic control
(other than a parking violation) in the State, shall notify a State
official designated by the State which issued such license of such
violation, within 10 days after the date such person is found to have
committed such violation.
(10) Limitation on licensing
The State shall not issue a commercial driver's license to a person
during a period in which such person is disqualified from operating a
commercial motor vehicle or the driver's license of such person is
suspended, revoked, or cancelled.
(11) Return of old licenses
The State shall not issue a commercial driver's license to a person
who has a commercial driver's license issued by any other State unless
such person first returns the driver's license issued by such other
State.
(12) Domicile requirement
The State shall issue commercial drivers' licenses only to those
persons who operate or will operate commercial motor vehicles and are
domiciled in the State; except that the State, in accordance with such
regulations as the Secretary shall issue, may issue a commercial
driver's license to a person who operates or will operate a commercial
motor vehicle and who is not domiciled in a State which does issue
commercial drivers' licenses.
(13) Penalty approval
The State shall impose such penalties as the State determines
appropriate and the Secretary approves for operating a commercial motor
vehicle while not having a commercial driver's license, while having a
driver's license suspended, revoked, or cancelled, or while being
disqualified from operating a commercial motor vehicle.
(14) Reciprocity
The States shall allow any person --
(A) who has a commercial driver's license --
(i) which is issued by any other State in accordance with the minimum
Federal standards for the issuance of such licenses, and
(ii) which is not suspended, revoked, or cancelled; and
(B) who is not disqualified from operating a commercial motor
vehicle;
to operate a commercial motor vehicle in the State.
(15) First offenses
The State shall disqualify from operating a commercial motor vehicle
for a period of not less than 1 year each person --
(A) who is found to have committed a first violation --
(i) of driving a commercial motor vehicle while under the influence
of alcohol or a controlled substance, or
(ii) of leaving the scene of an accident involving a commercial motor
vehicle operated by such person; or
(B) who uses a commercial motor vehicle in the commission of a felony
(other than a felony described in paragraph (17));
except that if the vehicle being operated or used in connection with
such violation or the commission of such felony is transporting a
hazardous material required by the Secretary to be placarded under
section 1804 of this Appendix, the State shall disqualify such person
from operating a commercial motor vehicle for a period of not less than
3 years.
(16) Second offenses
(A) General rule
Subject to subparagraph (B), the State shall disqualify from
operating a commercial motor vehicle for life each person --
(i) who is found to have committed more than one violation of driving
a commercial motor vehicle while under the influence of alcohol or a
controlled substance;
(ii) who is found to have committed more than one violation of
leaving the scene of an accident involving a commercial motor vehicle
operated by such person;
(iii) who uses a commercial motor vehicle in the commission of more
than one felony arising out of different criminal episodes; or
(iv)(I) who is found to have committed a violation described in
clause (i) or (ii), and
(II) who is found to have committed a violation described in the
other of such clauses or uses a commercial motor vehicle in the
commission of a felony.
(B) Special rule
The State, in accordance with such guidelines (including conditions)
as the Secretary may establish by regulation, may reduce a
disqualification for life in accordance with subparagraph (A) to a
period of not less than 10 years.
(17) Drug offenses
The State shall disqualify from operating a commercial motor vehicle
for life each person who uses a commercial motor vehicle in the
commission of a felony involving manufacturing, distributing, or
dispensing a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance.
(18) Second serious traffic violation
The State shall disqualify from operating a commercial motor vehicle
for a period of not less than 60 days each person who, in a 3-year
period, is found to have committed 2 serious traffic violations
involving a commercial motor vehicle operated by such person.
(19) Third serious traffic violation
The State shall disqualify from operating a commercial motor vehicle
for a period of not less than 120 days each person who, in a 3-year
period, is found to have committed 3 serious traffic violations
involving a commercial motor vehicle operated by such person.
(20) National driver register information
Before issuing a commercial driver's license to operate a commercial
motor vehicle to any person, the State shall request the Secretary for
information from the National Driver Register established pursuant to
the National Driver Register Act of 1982 (23 U.S.C. 401 note) (after
such Register is determined by the Secretary to be operational) --
(A) on whether such person has been disqualified from operating a
motor vehicle (other than a commercial motor vehicle);
(B) on whether such person has had a license (other than a license
authorizing such person to operate a commercial motor vehicle)
suspended, revoked, or cancelled for cause in the 3-year period ending
on the date of application for such commercial driver's license; and
(C) on whether such person has been convicted of any of the offenses
specified in section 205(a)(3) of such Act.
The State shall give full weight and consideration to such
information in deciding whether to issue a commercial driver's license
to such person.
(21) Out of service regulations
The State shall adopt and enforce any regulations issued by the
Secretary under section 2707(d)(1) of this Appendix and section 2718(a)
/1/ of this Appendix.
(b) Satisfaction of State disqualification requirement
A State may satisfy the requirements of subsection (a) of this
section that the State disqualify a person who operates a commercial
motor vehicle if the State suspends, revokes, or cancels the driver's
license issued to such person in accordance with the requirements of
such subsection.
(c) Notification
Not later than 30 days after being notified by a State of the
proposed issuance of a commercial driver's license to any person, the
Secretary or the operator of the information system under section 2706
of this Appendix, as the case may be, shall notify such State of whether
or not such person has a commercial driver's license issued by any other
State or has been disqualified from operating a commercial motor vehicle
by any other State or the Secretary.
(Pub. L. 99-570, title XII, 12009, Oct. 27, 1986, 100 Stat.
3207-179; Pub. L. 102-240, title IV, 4009(b), Dec. 18, 1991, 105 Stat.
2156.)
The National Driver Register Act of 1982, referred to in subsec.
(a)(20), is title II of Pub. L. 97-364, Oct. 25, 1982, 96 Stat. 1740,
which is set out as a note under section 401 of Title 23, Highways.
Section 2718(a) of this Appendix, referred to in subsec. (a)(21),
was in the original ''section 12020(a)'' and was translated as meaning
section 12020(a) of Pub. L. 99-570, title XII, as added by Pub. L.
102-240, title IV, 4009(a), Dec. 18, 1991, 105 Stat. 2156. Another
section 12020 of Pub. L. 99-570 was added by Pub. L. 102-143, title V,
5(a)(1), Oct. 28, 1991, 105 Stat. 959, and is classified to section
2717 of this Appendix.
Section 2705(3) of this Appendix, referred to in subsec. (a)(4), was
in the original ''section 12006(a)(3)''. Such section 12006 does not
contain a subsection (a).
1991 -- Subsec. (a)(21). Pub. L. 102-240 inserted reference to
section 2718(a) of this Appendix.
/1/ See References in Text note below.
49 USC 2709. Grant program
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Establishment
The Secretary may make a grant to a State in a fiscal year if the
State enters into an agreement with the Secretary to participate in such
fiscal year in the commercial driver's license program established by
this chapter and the information system required by this chapter and to
comply with the requirements of section 2708 of this Appendix.
(b) Minimum amount of grant
The Secretary shall determine the amount of grants in a fiscal year
to be made under this section to a State eligible to receive such grants
in the fiscal year; except that --
(1) such State shall not be granted less than $100,000 under this
section in the fiscal year; and
(2) to the extent that any States are granted more than $100,000 per
State in the fiscal year under this section, the Secretary shall ensure
that such States are treated equitably.
(c) Limitation on use of funds
A State receiving a grant under this section may only use the funds
provided under such grant for issuing commercial driver's licenses and
complying with the requirements of section 2708 of this Appendix.
(d) Contract authority
Notwithstanding any other provision of law, approval by the Secretary
of a grant to a State under this section shall be deemed to be a
contractual obligation of the United States for payment of the amount of
the grant.
(e) Period of availability
Funds made available to carry out this section shall remain available
for obligation by the State for the fiscal year for which such funds are
made available. Any of such funds not obligated before the last day of
such period shall no longer be available to such State and shall be
available to the Secretary for carrying out the purposes of this
chapter. Funds made available pursuant to this section shall remain
available until expended.
(f) Funding
There shall be available to the Secretary to carry out this section
$5,000,000 from funds made available to carry out section 2304 of this
Appendix for each of fiscal years 1989, 1990, and 1991.
(Pub. L. 99-570, title XII, 12010, Oct. 27, 1986, 100 Stat.
3207-183.)
49 USC 2710. Withholding of highway funds for State noncompliance
TITLE 49, APPENDIX -- TRANSPORTATION
(a) First year
The Secretary shall withhold 5 percent of the amount required to be
apportioned to any State under each of sections 104(b)(1), 104(b)(2),
104(b)(5), and 104(b)(6) of title 23 on the first day of the fiscal year
succeeding the first fiscal year beginning after September 30, 1992,
throughout which the State does not substantially comply with any
requirement of section 2708(a) of this Appendix.
(b) After first year
The Secretary shall withhold 10 percent of the amount required to be
apportioned to any State under each of sections 104(b)(1), 104(b)(2),
104(b)(5), and 104(b)(6) of such title on the first day of each fiscal
year after the second fiscal year beginning after September 30, 1992,
throughout which the State does not substantially comply with any
requirement of section 2708(a) of this Appendix.
(c) Period of availability; effect of compliance and noncompliance
(1) Funds withheld on or before September 30, 1995
(A) Period of availability
Any funds withheld under this section from apportionment to any State
on or before September 30, 1995, shall remain available for
apportionment to such State as follows:
(i) If such funds would have been apportioned under section 104(b)(
5)(B) of such title but for this section, such funds shall remain
available until the end of the second fiscal year following the fiscal
year for which such funds are authorized to be appropriated.
(ii) If such funds would have been apportioned under section 104(b)(
1), 104(b)(2), or 104(b)(6) of such title but for this section, such
funds shall remain available until the end of the third fiscal year
following the fiscal year for which such funds are authorized to be
appropriated.
(B) Funds withheld after September 30, 1995
No funds withheld under this subsection from apportionment to any
State after September 30, 1995, shall be available for apportionment to
such State.
(2) Apportionment of withheld funds after compliance
If, before the last day of the period for which funds withheld under
this section from apportionment are to remain available for
apportionment to a State under paragraph (1), the State substantially
complies with all of the requirements of section 2708(a) of this
Appendix for a period of 365 days, the Secretary shall on the day
following the last day of such period apportion to such State the
withheld funds remaining available for apportionment to such State.
(3) Period of availability of subsequently apportioned funds
Any funds apportioned pursuant to paragraph (2) shall remain
available for expenditure until the end of the third fiscal year
succeeding the fiscal year in which such funds are apportioned. Sums
not obligated at the end of such period shall lapse or, in the case of
funds apportioned under section 104(b)(5) of such title, shall lapse and
be made available by the Secretary for projects in accordance with
section 118(b) of such title.
(4) Effect of noncompliance
If, at the end of the period for which funds withheld under this
section from apportionment are available for apportionment to a State
under paragraph (1), the State has not substantially complied with all
of the requirements of section 2708(a) of this Appendix for a 365-day
period, such funds shall lapse or, in the case of funds withheld from
apportionment under section 104(b)(5) of such title, such funds shall
lapse and be made available by the Secretary for projects in accordance
with section 118(b) of such title.
(Pub. L. 99-570, title XII, 12011, Oct. 27, 1986, 100 Stat.
3207-183.)
49 USC 2711. Waiver authority
TITLE 49, APPENDIX -- TRANSPORTATION
Notwithstanding any other provision of this chapter, after notice and
an opportunity for comment, the Secretary may waive, in whole or in
part, application of any provision of this chapter or any regulation
issued under this chapter with respect to class of persons or class of
commercial motor vehicles if the Secretary determines that such waiver
is not contrary to the public interest and does not diminish the safe
operation of commercial motor vehicles. Any waiver under this section
shall be published in the Federal Register, together with reasons for
such waiver.
(Pub. L. 99-570, title XII, 12013, Oct. 27, 1986, 100 Stat.
3207-186.)
49 USC 2712. Truck brake regulations
TITLE 49, APPENDIX -- TRANSPORTATION
Not late /1/ than the 90th day after October 27, 1986, the Secretary
shall revise the regulations of the Administrator of the Federal Highway
Administration contained in section 393.42(c) of title 49 of the Code of
Federal Regulations to require trucks and truck tractors manufactured
after July 24, 1980, to have brakes operating on all wheels. The
Secretary may provide for a delayed effective date (not exceeding 1
year) for trucks and truck tractors manufactured after July 24, 1980,
and before October 27, 1986.
(Pub. L. 99-570, title XII, 12015, Oct. 27, 1986, 100 Stat.
3207-186.)
/1/ So in original. Probably should be ''later''.
49 USC 2713. Radar demonstration project
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Project description
Notwithstanding any other provision of law, the Secretary, in
cooperation with State and local law enforcement officials, shall
conduct a demonstration project to assess the benefits of continuous use
of unmanned radar equipment on highway safety on a section of highway
with a high rate of motor vehicle accidents. Such project shall be
conducted in northern Kentucky on a hilly section of Interstate Route
I-75 between Fort Mitchell and the Brent Spence Bridge over the Ohio
River during the 24-month period beginning on October 27, 1986.
(b) Reports
(1) Interim report
Not later than 18 months after October 27, 1986, the Secretary shall
transmit to Congress an interim report on the results of the
demonstration project conducted under subsection (a) of this section,
together with any recommendations on whether or not to extend the
duration of such demonstration project and whether or not to expand the
scope of such project.
(2) Final report
Not later than 60 days after completion of the demonstration project
conducted under subsection (a) of this section, the Secretary shall
transmit to Congress a final report on the results of such project,
together with any such recommendations.
(Pub. L. 99-570, title XII, 12016, Oct. 27, 1986, 100 Stat.
3207-187.)
49 USC 2714. Limitation on statutory construction
TITLE 49, APPENDIX -- TRANSPORTATION
Nothing in this chapter shall be construed to diminish, limit, or
otherwise affect the authority of the Secretary to regulate commercial
motor vehicle safety involving motor vehicles with a gross vehicle
weight rating of less than 26,001 pounds or such lesser gross vehicle
weight rating as determined appropriate by the Secretary under section
2716(6)(A) of this Appendix.
(Pub. L. 99-570, title XII, 12017, Oct. 27, 1986, 100 Stat.
3207-187.)
49 USC 2715. Regulations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Authority to issue
The Secretary may issue such regulations as may be necessary to carry
out this chapter.
(b) Compliance with title 5
All regulations under this chapter shall be issued in accordance with
section 553 of title 5 (without regard to sections 556 and 557 of such
title).
(Pub. L. 99-570, title XII, 12018, Oct. 27, 1986, 100 Stat.
3207-187.)
49 USC 2716. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
For purposes of this chapter --
(1) Alcohol
The term ''alcohol'' has the meaning the term alcoholic beverage has
under section 158(c) of title 23.
(2) Driver's license
The term ''driver's license'' means a license issued by a State to an
individual which authorizes the individual to operate a motor vehicle on
highways.
(3) Commerce
The term ''commerce'' means --
(A) trade, traffic, and transportation within the jurisdiction of the
United States between a place in a State and a place outside of such
State (including a place outside the United States); and
(B) trade, traffic, and transportation in the United States which
affects any trade, traffic, and transportation described in subparagraph
(A).
(4) Commercial driver's license
The term ''commercial driver's license'' means a license issued by a
State to an individual which authorizes the individual to operate a
class of commercial motor vehicle.
(5) Motor vehicle
The term ''motor vehicle'' means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power used on
highways, except that such term does not include a vehicle, machine,
tractor, trailer, or semitrailer operated exclusively on a rail or
custom harvesting farm machinery.
(6) Commercial motor vehicle
The term ''commercial motor vehicle'' means a motor vehicle used in
commerce to transport passengers or property --
(A) if the vehicle has a gross vehicle weight rating of 26,001 or
more pounds or such a lesser gross vehicle weight rating as the
Secretary determines appropriate by regulation but not less than a gross
vehicle weight rating of 10,001 pounds;
(B) if the vehicle is designed to transport more than 15 passengers,
including the driver; or
(C) if such vehicle is used in the transportation of materials found
by the Secretary to be hazardous for the purposes of the Hazardous
Materials Transportation Act (49 App. U.S.C. 1801 et seq.).
A motor vehicle which is used in the transportation of hazardous
materials and which has a gross vehicle weight rating of less than
26,001 pounds (or such gross vehicle weight rating as determined
appropriate by the Secretary under subparagraph (A)) shall not be
included as a commercial motor vehicle pursuant to subparagraph (C) if
such hazardous material is listed as hazardous pursuant to section
9656(a) of title 42 and is not otherwise regulated by the Department of
Transportation or if such hazardous material is a consumer commodity or
limited quantity hazardous material as defined under section 171.8 of
title 49 of the Code of Federal Regulations. The Secretary may waive
the application of the preceding sentence to any motor vehicle or class
of motor vehicles if the Secretary determines that such waiver is in the
interest of safety.
(7) Controlled substance
The term ''controlled substance'' has the meaning such term has under
section 802 of title 21.
(8) Employee
The term ''employee'' means an operator of a commercial motor vehicle
(including an independent contractor while in the course of operating a
commercial motor vehicle) who is employed by an employer.
(9) Employer
The term ''employer'' means any person (including the United States,
a State, or a political subdivision of a State) who owns or leases a
commercial motor vehicle or assigns employees to operate such a vehicle.
(10) Felony
The term ''felony'' means an offense under State or Federal law that
is punishable by death or imprisonment for a term exceeding 1 year.
(11) Hazardous material
The term ''hazardous material'' has the meaning such term has under
section 103 of the Hazardous Materials Transportation Act (49 App. U.S.
C. 1802).
(12) Serious traffic violation
The term ''serious traffic violation'' means --
(A) excessive speeding, as defined by the Secretary by regulation;
(B) reckless driving, as defined under State or local law;
(C) a violation of a State or local law relating to motor vehicle
traffic control (other than a parking violation) arising in connection
with a fatal traffic accident; and
(D) any other similar violation of a State or local law relating to
motor vehicle traffic control (other than a parking violation) which the
Secretary determines by regulation is serious.
(13) Secretary
The term ''Secretary'' means the Secretary of Transportation.
(14) State
The term ''State'' means a State of the United States and the
District of Columbia.
(15) United States
The term ''United States'' means the 50 States and the District of
Columbia.
(Pub. L. 99-570, title XII, 12019, Oct. 27, 1986, 100 Stat.
3207-187; Pub. L. 100-17, title I, 133(c)(2), Apr. 2, 1987, 101 Stat.
172; Pub. L. 102-240, title IV, 4010, Dec. 18, 1991, 105 Stat. 2156.)
The Hazardous Materials Transportation Act, referred to in par. (6)(
C), is title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as
amended, which is classified principally to chapter 27 ( 1801 et seq.)
of this Appendix. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of this Appendix and
Tables.
1991 -- Par. (5). Pub. L. 102-240 inserted ''or custom harvesting
farm machinery'' before period at end.
1987 -- Par. (5). Pub. L. 100-17 inserted ''or'' before
''semitrailer operated'' and struck out ''and'' before ''on highways''.
49 USC 2717. Alcohol and controlled substances testing
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Regulations
The Secretary shall, in the interest of commercial motor vehicle
safety, issue regulations within twelve months after October 28, 1991.
Such regulations shall establish a program which requires motor carriers
to conduct preemployment, reasonable suspicion, random, and
post-accident testing of the operators of commercial motor vehicles for
use, in violation of law or Federal regulation, of alcohol or a
controlled substance. The Secretary may also issue regulations, as the
Secretary considers appropriate in the interest of safety, for the
conduct of periodic recurring testing of such operators for such use in
violation of law or Federal regulation.
(b) Testing
(1) Post-accident testing
In issuing such regulations, the Secretary shall require that
post-accident testing of the operator of a commercial motor vehicle be
conducted in the case of any accident involving a commercial motor
vehicle in which occurs loss of human life, or, as determined by the
Secretary, other serious accidents involving bodily injury or
significant property damage.
(2) Testing as part of medical examination
Nothing in subsection (a) of this section shall preclude the
Secretary from providing in such regulations that such testing be
conducted as part of the medical examination required by subpart E of
part 391 of title 49, Code of Federal Regulations, with respect to those
operators of commercial motor vehicles to whom such part is applicable.
(c) Program for rehabilitation
The Secretary shall issue regulations setting forth requirements for
rehabilitation programs which provide for the identification and
opportunity for treatment of operators of commercial motor vehicles who
are determined to have used, in violation of law or Federal regulation,
alcohol or a controlled substance. The Secretary shall determine the
circumstances under which such operators shall be required to
participate in such program. Nothing in this subsection shall preclude
a motor carrier from establishing a program under this subsection in
cooperation with any other motor carrier.
(d) Procedures for testing
In establishing the program required under subsection (a) of this
section, the Secretary shall develop requirements which shall --
(1) promote, to the maximum extent practicable, individual privacy in
the collection of specimen samples;
(2) with respect to 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 subsequent amendments thereto, including mandatory guidelines which
--
(A) establish comprehensive standards for all aspects of laboratory
controlled substances testing and laboratory procedures to be applied in
carrying out this section, including standards which require the use of
the best available technology for ensuring the full reliability and
accuracy of controlled substances tests and strict procedures governing
the chain of custody of specimen samples collected for controlled
substances testing;
(B) establish the minimum list of controlled substances for which
individuals may be tested; and
(C) establish 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 all laboratories involved in the testing of any
individual under this section shall have the capability and facility, at
such laboratory, of performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation of
law or Federal regulation, of alcohol or a controlled substance by any
individual shall be confirmed by a scientifically recognized method of
testing capable of providing quantitative data regarding alcohol or a
controlled substance;
(5) provide that each specimen sample be subdivided, secured, and
labelled in the presence of the tested individual and that a portion
thereof be retained in a secure manner to prevent the possibility of
tampering, so that in the event the individual's confirmation test
results are positive the individual has an opportunity to have the
retained portion assayed by a confirmation test done independently at a
second certified laboratory if the individual requests the independent
test within 3 days after being advised of the results of the
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 as may be necessary and in
consultation with the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical
information (other than information relating to alcohol or a controlled
substance) of employees, except that the provisions of this paragraph
shall not preclude 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) Effect on other laws and regulations
(1) State and local law and regulations
No State or local government shall adopt or have in effect any law,
rule, regulation, ordinance, standard, or order that is inconsistent
with the regulations issued under this section, except that the
regulations issued under this section shall not be construed to preempt
provisions of State criminal law which impose sanctions for reckless
conduct leading to actual loss of life, injury, or damage to property,
whether the provisions apply specifically to commercial motor vehicle
employees, or to the general public.
(2) Other regulations issued by Secretary
Nothing in this section shall be construed to restrict the discretion
of the Secretary to continue in force, amend, or further supplement any
regulations governing the use of alcohol or controlled substances by
commercial motor vehicle employees issued before October 28, 1991.
(3) International obligations
In issuing regulations under this section, the Secretary shall only
establish requirements that are consistent with the international
obligations of the United States, and the Secretary shall take into
consideration any applicable laws and regulations of foreign countries.
(f) Application of penalties
(1) Effect on other penalties
Nothing in this section shall be construed to supersede any penalty
applicable to the operator of a commercial motor vehicle under this
chapter or any other provision of law.
(2) Determination of sanctions
The Secretary shall determine appropriate sanctions for commercial
motor vehicle operators who are determined, as a result of tests
conducted and confirmed under this section, to have used, in violation
of law or Federal regulation, alcohol or a controlled substance but are
not under the influence of alcohol or a controlled substance, as
provided in this chapter.
(g) ''Controlled substance'' defined
For the purposes of this section, the term ''controlled substance''
means any substance under section 802(6) of title 21 specified by the
Secretary.
(Pub. L. 99-570, title XII, 12020, as added Pub. L. 102-143, title V,
5(a)(1), Oct. 28, 1991, 105 Stat. 959.)
Another section 12020 of Pub. L. 99-570 was added by Pub. L.
102-240, title IV, 4009(a), Dec. 18, 1991, 105 Stat. 2156, and is
classified to section 2718 of this Appendix.
Section 5(b) of Pub. L. 102-143 provided that:
''(1) The Secretary of Transportation shall design within nine months
after the date of enactment of this Act (Oct. 28, 1991), and implement
within fifteen months after the date of enactment of this Act, a pilot
test program for the purpose of testing the operators of commercial
motor vehicles on a random basis to determine whether an operator has
used, in violation of law or Federal regulation, alcohol or a controlled
substance. The pilot test program shall be administered as part of the
Motor Carrier Safety Assistance Program.
''(2) The Secretary shall solicit the participation of States which
are interested in participating in such program and shall select four
States to participate in the program.
''(3) The Secretary shall ensure that the States selected pursuant to
this subsection are representative of varying geographical and
population characteristics of the Nation and that the selection takes
into consideration the historical geographical incidence of commercial
motor vehicle accidents involving loss of human life.
''(4) The pilot program authorized by this subsection shall continue
for a period of one year. The Secretary shall consider alternative
methodologies for implementing a system of random testing of operators
of commercial motor vehicles.
''(5) Not later than thirty months after the date of enactment of
this Act, the Secretary shall prepare and submit to the Congress a
comprehensive report setting forth the results of the pilot program
conducted under this subsection. Such report shall include any
recommendations of the Secretary concerning the desirability and
implementation of a system for the random testing of operators of
commercial motor vehicles.
''(6) For purposes of carrying out this subsection, there shall be
available to the Secretary $5,000,000 from funds made available to carry
out section 404 of the Surface Transportation Assistance Act of 1982 (49
App. U.S.C. 2304) for fiscal year 1992.
''(7) For purposes of this subsection, the term 'commercial motor
vehicle' shall have the meaning given to such term in section 12019(6)
of the Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C.
2716(6)).''
49 USC 2718. Violation of out-of-service orders
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Regulations
The Secretary shall issue regulations establishing sanctions and
penalties relating to violations of out-of-service orders by persons
operating commercial motor vehicles.
(b) Minimum requirements
Regulations issued under subsection (a) of this section shall, at a
minimum, require that --
(1) any operator of a commercial motor vehicle who is found to have
committed a first violation of an out-of-service order shall be
disqualified from operating such a vehicle for a period of not less than
90 days and shall be subject to a civil penalty of not less than $1,000;
(2) any operator of a commercial motor vehicle who is found to have
committed a second violation of an out-of-service order shall be
disqualified from operating such a vehicle for a period of not less than
1 year and not more than 5 years and shall be subject to a civil penalty
of not less than $1,000; and
(3) any employer that knowingly allows, permits, authorizes, or
requires an employee to operate a commercial motor vehicle in violation
of an out-of-service order shall be subject to a civil penalty of not
more than $10,000.
(c) Deadlines
The regulations required under subsection (a) of this section shall
be developed pursuant to a rulemaking proceeding initiated within 60
days after December 18, 1991, and shall be issued not later than 12
months after December 18, 1991.
(Pub. L. 99-570, title XII, 12020, as added Pub. L. 102-240, title
IV, 4009(a), Dec. 18, 1991, 105 Stat. 2156.)
Another section 12020 of Pub. L. 99-570 was added by Pub. L.
102-143, title V, 5(a)(1), Oct. 28, 1991, 105 Stat. 959, and is
classified to section 2717 of this Appendix.
49 USC CHAPTER 37 -- SANITARY FOOD TRANSPORTATION
TITLE 49, APPENDIX -- TRANSPORTATION
Sec.
2801. Findings.
2802. Definitions.
2803. Regulations.
(a) In general.
(b) Special requirements.
(c) Considerations.
(d) Deadlines.
2804. Tank trucks, rail tank cars, and cargo tanks.
(a) Prohibition.
(b) List of acceptable nonfood products.
(c) Identification.
(d) Disclosure.
2805. Motor and rail transportation of nonfood products.
(a) Prohibition.
(b) List of unacceptable nonfood products.
2806. Dedicated vehicles.
2807. Waiver authority.
2808. Food transportation inspections.
(a) Inspection authority.
(b) Assistance of other agencies.
(c) Training program.
2809. Powers and duties of Secretary.
2810. Violations, penalties, and specific relief.
(a) Violations and penalties.
(b) Equitable relief.
2811. Relationship to other laws.
2812. Coordination procedures.
49 USC 2801. Findings
TITLE 49, APPENDIX -- TRANSPORTATION
Congress finds that --
(1) Americans are entitled to receive food and other consumer
products that are not made unsafe as a result of certain transportation
practices;
(2) the American public is threatened by the transportation of
products potentially harmful to consumers in motor vehicles and rail
vehicles which are used to transport food and other consumer products;
and
(3) the risks posed to consumers by such transportation practices are
unnecessary, and such practices must be terminated.
(Pub. L. 101-500, 2, Nov. 3, 1990, 104 Stat. 1213.)
Section 14 of Pub. L. 101-500 provided that: ''This Act (enacting
this chapter and section 1814 of this Appendix, amending section 521 of
Title 49, Transportation, and enacting provisions set out as notes under
this section and section 2501 of this Appendix) shall take effect on the
date of enactment of this Act (Nov. 3, 1990), except that sections 11
and 12 (sections 2810 and 2811 of this Appendix) shall only apply to
transportation occurring on or after the date that regulations issued
under section 4(a)(1) (section 2803(a)(1) of this Appendix) take
effect.''
Section 1 of Pub. L. 101-500 provided that: ''This Act (enacting
this chapter and section 1814 of this Appendix, amending section 521 of
Title 49, Transportation, and enacting provisions set out as notes under
this section and section 2501 of this Appendix) may be cited as the
'Sanitary Food Transportation Act of 1990'.''
49 USC 2802. Definitions
TITLE 49, APPENDIX -- TRANSPORTATION
As used in this chapter --
(1) Food, food additives, drugs, devices, or cosmetics
The terms ''food'', ''food additives'', ''drugs'', ''devices'', and
''cosmetics'' have the meanings given to them by section 321 of title
21.
(2) Nonfood product
The term ''nonfood product'' means any material, substance, or
product (including refuse and solid waste, as such term is defined in
section 6903 of title 42) which (except as provided under section 2803(
a)(2) of this Appendix) is not a food, food additive, drug, device, or
cosmetic. Such term includes any class of such materials, substances,
or products.
(3) Refuse
The term ''refuse'' means any discarded material to be transported to
or disposed of in a landfill or incinerator, or required by law to be
transported to or disposed of in a landfill or incinerator.
(4) Secretary
The term ''Secretary'' means the Secretary of Transportation.
(5) State
The term ''State'' means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and
any other territory or possession of the United States.
(6) Transports or transportation
The term ''transports'' or ''transportation'' means any movement of
property in commerce (including intrastate commerce) by motor vehicle or
rail vehicle.
(7) United States
The term ''United States'' means all of the States.
(Pub. L. 101-500, 3, Nov. 3, 1990, 104 Stat. 1213.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 101-500, Nov. 3, 1990, 104 Stat. 1213, which is
classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 2801 of
this Appendix and Tables.
49 USC 2803. Regulations
TITLE 49, APPENDIX -- TRANSPORTATION
(a) In general
(1) Responsibility of Secretary
In accordance with this chapter, the Secretary, in consultation with
the Secretary of Agriculture, the Secretary of Health and Human
Services, and the Administrator of the Environmental Protection Agency,
shall issue regulations, pursuant to a rulemaking proceeding, with
respect to the transportation of food, food additives, drugs, devices,
and cosmetics in motor vehicles and rail vehicles which are used to
transport either refuse or other nonfood products which, when so
transported, would make such food, food additives, drugs, devices, or
cosmetics unsafe to the health of humans or animals.
(2) Treatment as nonfood products
If a drug, device, or cosmetic is transported in a motor or rail
vehicle at the same time or before a food or food additive is
transported in such vehicle, the Secretary shall treat such drug,
device, or cosmetic as a nonfood product if such transportation would
make such food or food additive unsafe to the health of humans or
animals.
(b) Special requirements
In issuing regulations under subsection (a)(1) of this section, the
Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Administrator of the
Environmental Protection Agency, shall establish standards,
requirements, and other provisions relating to --
(1) appropriate recordkeeping, identification, marking,
certification, or other means of verification required to promote
compliance with the requirements of sections 2804, 2805, and 2806 of
this Appendix;
(2) appropriate decontamination, removal, disposal, and isolation
standards with respect to regulations implementing sections 2804 and
2805 of this Appendix; and
(3) appropriate materials for construction of tank trucks, rail tank
cars, cargo tanks, and accessory equipment to comply with regulations
implementing section 2804 of this Appendix.
(c) Considerations
In issuing regulations under subsection (a)(1) of this section, the
Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Administrator of the
Environmental Protection Agency, shall consider each of the following
and may establish standards, requirements, or other provisions relating
to any or all of the following:
(1) The extent to which packaging or similar means of protecting and
isolating commodities are adequate to ameliorate or eliminate the
potential risks of transporting food, food additives, drugs, devices, or
cosmetics in motor vehicles or rail vehicles used to transport nonfood
products. If packaging standards are found to be adequate by the
Secretary, regulations issued under subsection (a)(1) of this section
shall not apply to food, food additives, drugs, devices, or cosmetics or
nonfood products which are packaged in packages which meet such
standards.
(2) Appropriate compliance and enforcement measures for carrying out
this chapter.
(3) Appropriate minimum insurance or other liability requirements for
any person covered by this chapter.
(d) Deadlines
The rulemaking proceeding referred to in subsection (a)(1) of this
section shall be initiated within 30 days after November 3, 1990. The
regulations referred to in subsection (a)(1) of this section shall be
issued within 270 days after November 3, 1990.
(Pub. L. 101-500, 4, Nov. 3, 1990, 104 Stat. 1214.)
49 USC 2804. Tank trucks, rail tank cars, and cargo tanks
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibition
At a minimum, the regulations issued under section 2803(a)(1) of this
Appendix shall prohibit any person from using, offering for use, or
arranging for the use of a tank truck, rail tank car, or cargo tank used
in motor vehicle transportation or rail transportation of food, food
additives, drugs, devices, or cosmetics, if such tank truck, rail tank
car, or cargo tank is used to transport a nonfood product (other than
any nonfood product which is included on a list published under
subsection (b) of this section).
(b) List of acceptable nonfood products
The Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Administrator of the
Environmental Protection Agency, shall publish in the Federal Register a
list of nonfood products which the Secretary has determined do not make
food, food additives, drugs, devices, or cosmetics unsafe to the health
of humans or animals as a result of transportation in a tank truck, rail
tank car, or cargo tank which is used to transport food, food additives,
drugs, devices, or cosmetics. The Secretary may periodically amend such
list by publication in the Federal Register.
(c) Identification
The regulations issued under section 2803(a)(1) of this Appendix
shall, at a minimum, provide that --
(1) no person shall use, offer for use, or arrange for the use of a
tank truck or a cargo tank to provide motor vehicle transportation of
only food, food additives, drugs, devices, or cosmetics or nonfood
products which are included on the list published under subsection (b)
of this section unless such tank truck or cargo tank is identified, by a
permanent marking on such tank truck or cargo tank, as transporting such
food, food additives, drugs, devices, or cosmetics or nonfood products;
(2) no person shall use, offer for use, or arrange for the use of a
tank truck or a cargo tank to provide motor vehicle transportation of a
nonfood product which is not included on the list published under
subsection (b) of this section if such tank truck or cargo tank is
identified pursuant to paragraph (1) as a tank truck or cargo tank
transporting only food, food additives, drugs, devices, or cosmetics and
nonfood products included on such a list; and
(3) no person shall receive, except for lawful disposal purposes, any
food, food additive, drug, device, or cosmetic or nonfood product which
has been transported in a tank truck or cargo tank in violation of
paragraph (1) or (2).
(d) Disclosure
Any person who arranges for the use of a tank truck or a cargo tank
used in motor vehicle transportation for the transportation of a food,
food additive, drug, device, or cosmetic or nonfood product shall in
making such arrangement disclose to the motor carrier or other
appropriate person if the food, food additive, drug, device, or cosmetic
or nonfood product being transported is to be used --
(1) as, or in the preparation of, a food or food additive, or
(2) as a nonfood product which is included in the list published
under subsection (b) of this section.
(Pub. L. 101-500, 5, Nov. 3, 1990, 104 Stat. 1215.)
49 USC 2805. Motor and rail transportation of nonfood products
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Prohibition
At a minimum, the regulations issued under section 2803(a)(1) of this
Appendix shall prohibit any person from using, offering for use, or
arranging for the use of a motor vehicle or a rail vehicle, other than a
tank truck, rail tank car, or cargo tank described in section 2804 of
this Appendix, to provide transportation of food, food additives, drugs,
devices, or cosmetics, if such vehicle is used to transport nonfood
products included on a list published under subsection (b) of this
section.
(b) List of unacceptable nonfood products
(1) Publication
The Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Administrator of the
Environmental Protection Agency, shall publish in the Federal Register a
list of nonfood products which the Secretary has determined would make
food, food additives, drugs, devices, or cosmetics unsafe to the health
of humans or animals as a result of transportation in a motor vehicle or
rail vehicle which is used to transport food, food additives, drugs,
devices, or cosmetics. The Secretary may periodically amend the list by
publication in the Federal Register.
(2) Cardboard, pallets, beverage containers, and other food packaging
The list published under paragraph (1) shall not include cardboard,
pallets, beverage containers, and other food packaging except to the
extent the Secretary determines that the transportation of cardboard,
pallets, beverage containers, or other food packaging in a motor vehicle
or rail vehicle which is used to transport food, food additives, drugs,
devices, or cosmetics would make the food, food additives, drugs,
devices, or cosmetics unsafe to the health of humans or animals.
(Pub. L. 101-500, 6, Nov. 3, 1990, 104 Stat. 1216.)
49 USC 2806. Dedicated vehicles
TITLE 49, APPENDIX -- TRANSPORTATION
At a minimum, the regulations issued under section 2803(a)(1) of this
Appendix shall prohibit any person from using, offering for use, or
arranging for the use of a motor vehicle or rail vehicle to provide
transportation of asbestos, in forms or quantities determined by the
Secretary to be necessary, or of products which present an extreme
danger to human or animal health, despite any decontamination, removal,
disposal, packaging, or other isolation procedures, unless such motor
vehicle or rail vehicle is used only to provide transportation of one or
more of the following: asbestos, such extremely dangerous products,
refuse. The Secretary, in consultation with the Secretary of
Agriculture, the Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency, shall publish in
the Federal Register a list of the products covered by this section.
The Secretary may periodically amend such list by publication in the
Federal Register.
(Pub. L. 101-500, 7, Nov. 3, 1990, 104 Stat. 1216.)
49 USC 2807. Waiver authority
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health and Human Services, and the Administrator of the
Environmental Protection Agency, may waive, in whole or in part,
application of any provision of this chapter or any regulations issued
under this chapter with respect to any class of persons, class of motor
vehicles, class of rail vehicles, class of food, food additives, drugs,
devices, or cosmetics, class of refuse, or class of nonfood products, if
the Secretary determines that such waiver would not result in
transportation of food, food additives, drugs, devices, or cosmetics
that would be unsafe to human or animal health and otherwise is not
contrary to the public interest and this chapter. Any waiver under this
section shall be published in the Federal Register, together with the
reasons for such waiver.
(Pub. L. 101-500, 8, Nov. 3, 1990, 104 Stat. 1216.)
49 USC 2808. Food transportation inspections
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Inspection authority
With respect to commercial motor vehicles, the Secretary may carry
out the requirements of this chapter and assist in carrying out
compatible State laws and regulations through means that include
inspections conducted by State employees which are funded with money
authorized under sections 2302 to 2304 of this Appendix to carry out the
motor carrier safety assistance program, if the recipient States agree
to assist in the enforcement of this chapter or are enforcing compatible
State laws and regulations.
(b) Assistance of other agencies
Upon request by the Secretary, the Secretary of Agriculture, the
Secretary of Health and Human Services, the Administrator of the
Environmental Protection Agency, and the heads of other appropriate
Federal agencies shall provide assistance, to the extent such assistance
is available, to the Secretary for the purpose of carrying out this
chapter, including assistance in the training of personnel under a
program established under subsection (c) of this section.
(c) Training program
The Secretary, in consultation with the Secretary of Agriculture, the
Secretary of Health and Human Services, the Administrator of the
Environmental Protection Agency, and the heads of appropriate State
transportation and food safety agencies, shall develop and carry out a
training program for inspectors to conduct vigorous enforcement of this
chapter and regulations issued under this chapter or compatible State
laws and regulations. As part of such training program, the inspectors,
including State inspectors or personnel paid with funds under the motor
carrier safety assistance program, shall be trained in the recognition
of adulteration problems associated with the transportation of food,
food additives, drugs, devices, and cosmetics and in the procedures for
securing the assistance of the appropriate Federal and State agencies to
support such enforcement.
(Pub. L. 101-500, 9, Nov. 3, 1990, 104 Stat. 1217.)
49 USC 2809. Powers and duties of Secretary
TITLE 49, APPENDIX -- TRANSPORTATION
The Secretary shall have the same powers, duties, and authorities
under this chapter with respect to transportation regulated under this
chapter as the Secretary has under section 109 (49 App. U.S.C. 1808)
(other than subsections (c)(1), (d), and (e) of such section) of the
Hazardous Materials Transportation Act (49 U.S.C. App. 1801 et seq.)
with respect to transportation regulated under such Act.
(Pub. L. 101-500, 10, Nov. 3, 1990, 104 Stat. 1217.)
The Hazardous Materials Transportation Act, referred to in text, is
title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as amended,
which is classified principally to chapter 27 ( 1801 et seq.) of this
Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this Appendix and Tables.
49 USC 2810. Violations, penalties, and specific relief
TITLE 49, APPENDIX -- TRANSPORTATION
(a) Violations and penalties
Civil and criminal violations of regulations or orders issued under
this chapter shall be determined, and civil and criminal penalties for
such violations shall be imposed, in the same manner and to the same
extent that violations are determined and penalties are imposed under
section 1809 of this Appendix.
(b) Equitable relief
The Secretary shall request equitable relief and take action to
eliminate or ameliorate an imminent hazard with respect to any violation
of regulations issued under this chapter, or of an order issued under
this chapter, in the same manner and to the same extent that the
Secretary is authorized to take under section 1810 of this Appendix.
(Pub. L. 101-500, 11, Nov. 3, 1990, 104 Stat. 1217.)
Section effective Nov. 3, 1990, but applicable only to
transportation occurring on or after the date that regulations issued
under section 2803(a)(1) of this Appendix take effect, see section 14 of
Pub. L. 101-500, set out as a note under section 2801 of this Appendix.
49 USC 2811. Relationship to other laws
TITLE 49, APPENDIX -- TRANSPORTATION
The provisions of the Hazardous Materials Transportation Act (49 U.
S.C. App. 1801 et seq.) relating to the relationship of that Act to a
law, regulation, order, ruling, provision, or other requirement of a
State or political subdivision thereof or of an Indian tribe shall apply
with respect to the relationship of this chapter to a law, regulation,
order, ruling, provision, or other requirement of a State or political
subdivision thereof or of an Indian tribe which concerns a subject
covered under this chapter.
(Pub. L. 101-500, 12, Nov. 3, 1990, 104 Stat. 1218.)
The Hazardous Materials Transportation Act, referred to in text, is
title I of Pub. L. 93-633, Jan. 3, 1975, 88 Stat. 2156, as amended,
which is classified principally to chapter 27 ( 1801 et seq.) of this
Appendix. For complete classification of this Act to the Code, see
Short Title note set out under section 1801 of this Appendix and Tables.
Section effective Nov. 3, 1990, but applicable only to
transportation occurring on or after the date that regulations issued
under section 2803(a)(1) of this Appendix take effect, see section 14 of
Pub. L. 101-500, set out as a note under section 2801 of this Appendix.
49 USC 2812. Coordination procedures
TITLE 49, APPENDIX -- TRANSPORTATION
Not later than 1 year after November 3, 1990, the Secretary, after
consultation with appropriate State officials, shall establish
procedures to promote more effective coordination between the agencies
of the United States and agencies of the States with regulatory
authority over motor carrier safety and railroad safety with respect to
implementation and enforcement of this chapter.
(Pub. L. 101-500, 13, Nov. 3, 1990, 104 Stat. 1218.)
50 USC
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC TITLE 50 -- WAR AND NATIONAL DEFENSE
TITLE 50 -- WAR AND NATIONAL DEFENSE
Chap. Sec.
1. Council of National Defense 1
2. Board of Ordnance and Fortification (Repealed) 11
3. Alien Enemies 21
4. Espionage (Repealed or Transferred) 31
4A. Photographing, Sketching, Mapping, etc., Defensive Installations
(Repealed) 45
4B. Disclosure of Classified Information (Repealed) 46
4C. Atomic Weapons and Special Nuclear Materials Information Rewards
47a
5. Arsenals, Armories, Arms, and War Material Generally 51
6. Willful Destruction, etc., of War or National-Defense Material
(Repealed) 101
7. Interference with Homing Pigeons Owned by United States
(Repealed) 111
8. Explosives; Manufacture, Distribution, Storage, Use, and
Possession Regulated (Repealed) 121
9. Aircraft (Omitted, Repealed, or Transferred) 151
10. Helium Gas 161
11. Acquisition of and Expenditures on Land for National-Defense
Purposes (Repealed, Omitted, or Transferred) 171
12. Vessels in Territorial Waters of United States 191
13. Insurrection 201
14. Wartime Voting by Land and Naval Forces (Repealed) 301
15. National Security 401
16. Defense Industrial Reserves 451
17. Arming American Vessels (Repealed) 481
18. Air-Warning Screen 491
19. Guided Missiles 501
20. Wind Tunnels 511
21. Abaca1 Production (Omitted) 541
22. Uniform Code of Military Justice (Repealed or Omitted) 551
22A. Representation of Armed Forces Personnel Before Foreign
Judicial Tribunals (Repealed) 751
23. Internal Security 781
24. National Defense Facilities (Repealed) 881
25. Armed Forces Reserve (Repealed or Omitted) 901
26. Gifts for Defense Purposes (Repealed) 1151
27. Reserve Officer Personnel Program (Repealed or Omitted) 1181
28. Status of Armed Forces Personnel Appointed to Service Academies
(Repealed) 1411
29. National Defense Contracts 1431
30. Federal Absentee Voting Assistance (Transferred) 1451
31. Advisory Commission on Intergovernmental Relations (Transferred)
1501
32. Chemical and Biological Warfare Program 1511
33. War Powers Resolution 1541
34. National Emergencies 1601
35. International Emergency Economic Powers 1701
36. Foreign Intelligence Surveillance 1801
37. National Security Scholarships, Fellowships, and Grants 1901
The Treaty of Peace with Japan, signed at San Francisco on Sept. 8,
1951, was ratified by the United States Senate on Mar. 20, 1952. For
Resolution of Ratification, see Congressional Record, Vol. 98, No. 46,
Thursday, Mar. 20, 1952, p. 2634. According to Proc. No. 2974, eff.
Apr. 29, 1952, 17 F.R. 3813, 66 Stat. c31, terminating the national
emergencies proclaimed on September 8, 1939, and May 27, 1941, and set
out as a note preceding section 1 of the Appendix to this title, such
treaty came into force on Apr. 28, 1952.
Establishment of the National Security Council and the Central
Intelligence Agency, see section 401 et seq. of this title.
Lease of buildings in time of war, see sections 4780 and 9780 of
Title 10, Armed Forces.
Proclamations, etc., respecting war and neutrality, see notes
preceding section 1 of Appendix to this title.
50 USC CHAPTER 1 -- COUNCIL OF NATIONAL DEFENSE
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
1. Creation, purpose, and composition of council.
2. Advisory commission.
3. Duties of council.
4. Rules and regulations; subordinate bodies and committees.
5. Reports of subordinate bodies and committees; unvouchered
expenditures.
6. Repealed.
50 USC 1. Creation, purpose, and composition of council
TITLE 50 -- WAR AND NATIONAL DEFENSE
A Council of National Defense is established, for the coordination of
industries and resources for the national security and welfare, to
consist of the Secretary of the Army, the Secretary of the Navy, the
Secretary of the Interior, the Secretary of Agriculture, the Secretary
of Commerce, and the Secretary of Labor.
(Aug. 29, 1916, ch. 418, 2, 39 Stat. 649; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501.)
Sections 1 to 5 of this title are from section 2 of act Aug. 29,
1916, popularly known as the Army Appropriation Act for the fiscal year
1916.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
For transfer of certain membership functions, insofar as they pertain
to Air Force, which functions were not previously transferred from
Secretary of the Army and Department of the Army to Secretary of the Air
Force and Department of the Air Force, see Secretary of Defense Transfer
Order No. 40 (App. C(11)), July 22, 1949.
National Security Council and Central Intelligence Agency, see
section 401 et seq. of this title.
50 USC 2. Advisory commission
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Council of National Defense shall nominate to the President, and
the President shall appoint, an advisory commission, consisting of not
more than seven persons, each of whom shall have special knowledge of
some industry, public utility, or the development of some natural
resource, or be otherwise specially qualified, in the opinion of the
council, for the performance of the duties hereinafter provided. The
members of the advisory commission shall serve without compensation, but
shall be allowed actual expenses of travel and subsistence when
attending meetings of the commission or engaged in investigations
pertaining to its activities. The advisory commission shall hold such
meetings as shall be called by the council or be provided by the rules
and regulations adopted by the council for the conduct of its work.
(Aug. 29, 1916, ch. 418, 2, 39 Stat. 649.)
Advisory commissions in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a commission established by the President or an
officer of the Federal Government, such commission is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a commission established by the Congress, its duration is
otherwise provided by law. Advisory commissions established after Jan.
5, 1973, to terminate not later than the expiration of the 2-year period
beginning on the date of their establishment, unless, in the case of a
commission established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a commission
established by the Congress, its duration is otherwise provided by law.
See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, 776, set out in the Appendix to Title 5, Government Organization
and Employees.
50 USC 3. Duties of council
TITLE 50 -- WAR AND NATIONAL DEFENSE
It shall be the duty of the Council of National Defense to supervise
and direct investigations and make recommendations to the President and
the heads of executive departments as to the location of railroads with
reference to the frontier of the United States so as to render possible
expeditious concentration of troops and supplies to points of defense;
the coordination of military, industrial, and commercial purposes in the
location of branch lines of railroad; the utilization of waterways;
the mobilization of military and naval resources for defense; the
increase of domestic production of articles and materials essential to
the support of armies and of the people during the interruption of
foreign commerce; the development of seagoing transportation; data as
to amounts, location, method and means of production, and availability
of military supplies; the giving of information to producers and
manufacturers as to the class of supplies needed by the military and
other services of the Government, the requirements relating thereto, and
the creation of relations which will render possible in time of need the
immediate concentration and utilization of the resources of the Nation.
(Aug. 29, 1916, ch. 418, 2, 39 Stat. 649; Nov. 9, 1921, ch. 119, 3,
42 Stat. 212.)
The words ''extensive highways and'' which preceded ''branch lines of
railroad'' omitted on authority of act Nov. 9, 1921, which transferred
powers and duties of Council relating to highways to Secretary of
Commerce.
50 USC 4. Rules and regulations; subordinate bodies and committees
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Council of National Defense shall adopt rules and regulations for
the conduct of its work, which rules and regulations shall be subject to
the approval of the President, and shall provide for the work of the
advisory commission to the end that the special knowledge of such
commission may be developed by suitable investigation, research, and
inquiry and made available in conference and report for the use of the
council; and the council may organize subordinate bodies for its
assistance in special investigations, either by the employment of
experts or by the creation of committees of specially qualified persons
to serve without compensation, but to direct the investigations of
experts so employed.
(Aug. 29, 1916, ch. 418, 2, 39 Stat. 650.)
Advisory commissions in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a commission established by the President or an
officer of the Federal Government, such commission is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a commission established by the Congress, its duration is
otherwise provided by law. Advisory commissions established after Jan.
5, 1973, to terminate not later than the expiration of the 2-year period
beginning on the date of their establishment, unless, in the case of a
commission established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a commission
established by the Congress, its duration is otherwise provided by law.
See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, 776, set out in the Appendix to Title 5, Government Organization
and Employees.
50 USC 5. Reports of subordinate bodies and committees; unvouchered
expenditures
TITLE 50 -- WAR AND NATIONAL DEFENSE
Reports shall be submitted by all subordinate bodies and by the
advisory commission to the council, and from time to time the council
shall report to the President or to the heads of executive departments
upon special inquiries or subjects appropriate thereto. When deemed
proper the President may authorize, in amounts stipulated by him,
unvouchered expenditures.
(Aug. 29, 1916, ch. 418, 2, 39 Stat. 650; Aug. 7, 1946, ch. 770, 1(
53), 60 Stat. 870.)
Second sentence was from a proviso to the first sentence, which was
affected by act Aug. 7, 1946.
1946 -- Act Aug. 7, 1946, repealed all provisions requiring annual
reports to Congress of the Council's activities and expenditures.
Advisory commissions in existence on Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period following Jan. 5, 1973,
unless, in the case of a commission established by the President or an
officer of the Federal Government, such commission is renewed by
appropriate action prior to the expiration of such 2-year period, or in
the case of a commission established by the Congress, its duration is
otherwise provided by law. Advisory commissions established after Jan.
5, 1973, to terminate not later than the expiration of the 2-year period
beginning on the date of their establishment, unless, in the case of a
commission established by the President or an officer of the Federal
Government, such commission is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a commission
established by the Congress, its duration is otherwise provided by law.
See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
770, 776, set out in the Appendix to Title 5, Government Organization
and Employees.
50 USC 6. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 644
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act June 5, 1920, ch. 235, 41 Stat. 886, placed a limit on
salaries of officers and employees of Council of National Defense.
50 USC CHAPTER 2 -- BOARD OF ORDNANCE AND FORTIFICATION
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 11 to 15. Repealed. Dec. 16, 1930, ch. 14, 1, 46 Stat. 1029
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 11, act Sept. 22, 1888, ch. 1028, 1, 25 Stat. 489, related
to composition and duties of Board of Ordnance and Fortification.
Section 12, act Feb. 24, 1891, ch. 283, 26 Stat. 769, provided for
a civilian member of Board.
Section 13, act Mar. 2, 1901, ch. 803, 31 Stat. 910, provided for
additional members of Board.
Section 14, act Feb. 18, 1893, ch. 136, 27 Stat. 461, related to
qualifications of Board Members.
Section 15, act Sept. 22, 1888, ch. 1028, 6, 25 Stat. 490, related
to purchases and tests.
50 USC CHAPTER 3 -- ALIEN ENEMIES
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
21. Restraint, regulation, and removal.
22. Time allowed to settle affairs and depart.
23. Jurisdiction of United States courts and judges.
24. Duties of marshals.
50 USC 21. Restraint, regulation, and removal
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever there is a declared war between the United States and any
foreign nation or government, or any invasion or predatory incursion is
perpetrated, attempted or threatened against the territory of the United
States by any foreign nation or government, and the President makes
public proclamation of the event, all natives, citizens, denizens, or
subjects of the hostile nation or government, being of the age of
fourteen years and upward, who shall be within the United States and not
actually naturalized, shall be liable to be apprehended, restrained,
secured, and removed as alien enemies. The President is authorized in
any such event, by his proclamation thereof, or other public act, to
direct the conduct to be observed on the part of the United States,
toward the aliens who become so liable; the manner and degree of the
restraint to which they shall be subject and in what cases, and upon
what security their residence shall be permitted, and to provide for the
removal of those who, not being permitted to reside within the United
States, refuse or neglect to depart therefrom; and to establish any
other regulations which are found necessary in the premises and for the
public safety.
(R.S. 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)
R.S. 4067 derived from act July 6, 1798, ch. 66, 1, 1 Stat. 577.
1918 -- Act Apr. 16, 1918, struck out provision restricting this
section to males.
The following proclamations under this section were issued during
World War II:
Proc. No. 2525, Dec. 7, 1941, 6 F.R. 6321, 55 Stat. Pt. 2, 1700.
Proc. No. 2526, Dec. 8, 1941, 6 F.R. 6323, 55 Stat. Pt. 2, 1705.
Proc. No. 2527, Dec. 8, 1941, 6 F.R. 6324, 55 Stat. Pt. 2, 1707.
Proc. No. 2533, Dec. 29, 1941, 7 F.R. 55, 55 Stat. Pt. 2, 1714.
Proc. No. 2537, Jan. 14, 1942, 7 F.R. 329, 56 Stat. Pt. 2, 1933,
revoked by Proc. No. 2678, Dec. 29, 1945, 11 F.R. 221, 60 Stat. Pt.
2, 1336.
Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. Pt. 2, 1970.
Proc. No. 2655, July 14, 1945, 10 F.R. 8947, 59 Stat. Pt. 2, 870.
Proc. No. 2674, Dec. 7, 1945, 10 F.R. 14945, 59 Stat. Pt. 2, 889.
Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, 1342,
set out as a note preceding section 1 of Appendix to this title.
Proclamations issued under this chapter during the years 1917 and
1918 will be found in 40 Stat. 1651, 1716, 1730, and 1772.
50 USC 22. Time allowed to settle affairs and depart
TITLE 50 -- WAR AND NATIONAL DEFENSE
When an alien who becomes liable as an enemy, in the manner
prescribed in section 21 of this title, is not chargeable with actual
hostility, or other crime against the public safety, he shall be
allowed, for the recovery, disposal, and removal of his goods and
effects, and for his departure, the full time which is or shall be
stipulated by any treaty then in force between the United States and the
hostile nation or government of which he is a native citizen, denizen,
or subject; and where no such treaty exists, or is in force, the
President may ascertain and declare such reasonable time as may be
consistent with the public safety, and according to the dictates of
humanity and national hospitality.
(R.S. 4068.)
R.S. 4068 derived from acts July 6, 1798, ch. 66, 1, 1 Stat. 577;
July 6, 1812, ch. 130, 2 Stat. 781.
50 USC 23. Jurisdiction of United States courts and judges
TITLE 50 -- WAR AND NATIONAL DEFENSE
After any such proclamation has been made, the several courts of the
United States, having criminal jurisdiction, and the several justices
and judges of the courts of the United States, are authorized and it
shall be their duty, upon complaint against any alien enemy resident and
at large within such jurisdiction or district, to the danger of the
public peace or safety, and contrary to the tenor or intent of such
proclamation, or other regulations which the President may have
established, to cause such alien to be duly apprehended and conveyed
before such court, judge, or justice; and after a full examination and
hearing on such complaint, and sufficient cause appearing, to order such
alien to be removed out of the territory of the United States, or to
give sureties for his good behavior, or to be otherwise restrained,
conformably to the proclamation or regulations established as aforesaid,
and to imprison, or otherwise secure such alien, until the order which
may be so made shall be performed.
(R.S. 4069.)
R.S. 4069 derived from act July 6, 1798, ch. 66, 2, 1 Stat. 577.
50 USC 24. Duties of marshals
TITLE 50 -- WAR AND NATIONAL DEFENSE
When an alien enemy is required by the President, or by order of any
court, judge, or justice, to depart and to be removed, it shall be the
duty of the marshal of the district in which he shall be apprehended to
provide therefor and to execute such order in person, or by his deputy
or other discreet person to be employed by him, by causing a removal of
such alien out of the territory of the United States; and for such
removal the marshal shall have the warrant of the President, or of the
court, judge, or justice ordering the same, as the case may be.
(R.S. 4070.)
R.S. 4070 derived from act July 6, 1798, ch. 66, 3, 1 Stat. 578.
50 USC CHAPTER 4 -- ESPIONAGE
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 31 to 39. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 31, acts June 15, 1917, ch. 30, title I, 1, 40 Stat. 217;
Mar. 28, 1940, ch. 72, title I, 1, 54 Stat. 79, related to unlawful
obtaining or permitting to be obtained information affecting national
defense. See section 793 of Title 18, Crimes and Criminal Procedure.
Section 32, act June 15, 1917, ch. 30, title I, 2, 40 Stat. 218,
related to unlawful disclosures affecting national defense. See section
794 of Title 18.
Section 33, act June 15, 1917, ch. 30, title I, 3, 40 Stat. 219,
related to seditious or disloyal acts or words in time of war. See
section 2388 of Title 18. Section 33 was amended by act May 16, 1918,
ch. 75, 1, 40 Stat. 553, which was repealed and the original section
reenacted by act Mar. 3, 1921, ch. 136, 41 Stat. 1359.
Section 34, act June 15, 1917, ch. 30, title I, 4, 40 Stat. 219,
related to conspiracy to violate sections 32 and 33 of this title. See
sections 794 and 2388 of Title 18.
Section 35, acts June 15, 1917, ch. 30, title I, 5, 40 Stat. 219;
Mar. 28, 1940, ch. 72, 2, 54 Stat. 79, related to the harboring or
concealing of violators of the law. See sections 792 and 2388 of Title
18.
Section 36, act June 15, 1917, ch. 30, title I, 6, 40 Stat. 219,
related to designation by proclamation of prohibited areas. See section
793 of Title 18.
Section 37, act June 15, 1917, ch. 30, title I, 8, 40 Stat. 219,
related to places subject to provisions of sections 31 to 42 of this
title. See section 2388 of Title 18.
Section 38, act June 15, 1917, ch. 30, title I, 7, 40 Stat. 219,
related to jurisdiction of courts-martial and military commissions.
Section 39, act June 15, 1917, ch. 30, title XIII, 2, 40 Stat. 231;
Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, related
to jurisdiction of Canal Zone courts over offenses on high seas. See
section 3241 of Title 18.
Repeal of sections 31 to 39 effective Sept. 1, 1948, see section 38
of act June 25, 1948, set out as an Effective Date note preceding
section 1 of Title 28, Judiciary and Judicial Procedure.
50 USC 40. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act June 15, 1917, ch. 30, title XIII, 1, 40 Stat. 231,
defined ''United States'' as used in act June 15, 1917, and was
transferred to section 195 of this title.
50 USC 41. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act June 15, 1917, ch. 30, title VIII, 4, 40 Stat. 226,
defined ''Foreign government''. See section 11 of Title 18, Crimes and
Criminal Procedure.
Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948,
set out as an Effective Date note preceding section 1 of Title 28,
Judiciary and Judicial Procedure.
50 USC 42. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act June 15, 1917, ch. 30, title XIII, 4, 40 Stat. 231,
related to savings provisions and is set out as a Separability note
under section 191 of this title.
Section was formerly classified to section 536 of Title 18 prior to
the general revision and enactment of Title 18, Crimes and Criminal
Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.
50 USC CHAPTER 4A -- PHOTOGRAPHING, SKETCHING, MAPPING, ETC., DEFENSIVE
INSTALLATIONS
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 45 to 45d. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 45, act Jan. 12, 1938, ch. 2, 1, 52 Stat. 3, related to
photographing of defensive installations. See sections 795 to 797 of
Title 18, Crimes and Criminal Procedure.
Section 45a, act Jan. 12, 1938, ch. 2, 2, 52 Stat. 3, related to
photographing, etc., from aircraft. See section 796 of Title 18.
Section 45b, act Jan. 12, 1938, ch. 2, 3, 52 Stat. 3, related to
reproducing, publishing, selling uncensored copies. See section 797 of
Title 18.
Section 45c, act Jan. 12, 1938, ch. 2, 4, 52 Stat. 4, related to
definitions of ''aircraft'', ''post'', ''camp'', and ''station''. See
sections 795 and 796 of Title 18.
Section 45d, act Jan. 12, 1938, ch. 2, 5, 52 Stat. 4, related to
geographical application of law.
Repeal of sections 45 to 45d effective Sept. 1, 1948, see section 38
of act June 25, 1948, set out as an Effective Date note preceding
section 1 of Title 28, Judiciary and Judicial Procedure.
50 USC CHAPTER 4B -- DISCLOSURE OF CLASSIFIED INFORMATION
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 46 to 46b. Repealed. Oct. 31, 1951, ch. 655, 56(c), 65 Stat.
729
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 46, act May 13, 1950, ch. 185, 2, 64 Stat. 159, related to
unlawful disclosure of classified information. See section 798 of Title
18, Crimes and Criminal Procedure.
Section 46a, act May 13, 1950, ch. 185, 1, 64 Stat. 159, defined
terms for use in this chapter.
Section 46b, act May 13, 1950, ch. 185, 3, 64 Stat. 160, related to
penalties for improper disclosure.
Section 56(l) of act Oct. 31, 1951, provided that the repeal of
sections 46 to 46b shall not affect any rights or liabilities existing
hereunder on Oct. 31, 1951.
50 USC CHAPTER 4C -- ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS
INFORMATION REWARDS
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
47a. Information concerning illegal introduction, manufacture,
acquisition or export of special nuclear material or atomic weapons or
conspiracies relating thereto; reward.
47b. Determination by Attorney General of entitlement and amount of
reward; consultation; Presidential approval.
47c. Aliens; waiver of admission requirements.
47d. Hearings; rules and regulations; conclusiveness of
determinations of Attorney General.
47e. Certification of award; approval; payment.
47f. Definitions.
50 USC 47a. Information concerning illegal introduction, manufacture,
acquisition or export of special nuclear material or atomic weapons or
conspiracies relating thereto; reward
TITLE 50 -- WAR AND NATIONAL DEFENSE
Any person who furnishes original information to the United States --
(a) leading to the finding or other acquisition by the United States
of special nuclear material or an atomic weapon which has been
introduced into the United States or manufactured or acquired therein
contrary to the laws of the United States, or
(b) with respect to the introduction or attempted introduction into
the United States or the manufacture or acquisition or attempted
manufacture or acquisition of, or a conspiracy to introduce into the
United States or to manufacture or acquire, special nuclear material or
an atomic weapon contrary to the laws of the United States, or
(c) with respect to the export or attempted export, or a conspiracy
to export, special nuclear material or an atomic weapon from the United
States contrary to the laws of the United States,
shall be rewarded by the payment of an amount not to exceed $500,000.
(July 15, 1955, ch. 372, 2, 69 Stat. 365; Aug. 17, 1974, Pub. L.
93-377, 1(b), 88 Stat. 472.)
1974 -- Pub. L. 93-377 in par. (a) made minor changes in
phraseology, in par. (b) included information relating to the actual
introduction, manufacture and acquisition, or conspiring to introduce
into the United States or to manufacture or acquire special nuclear
material or an atomic weapon as within the information for which a
reward would be given, and added par. (c).
Section 1 of act July 15, 1955, as amended by section 1(a) of Pub.
L. 93-377, provided: ''That this Act (enacting this chapter) may be
cited as the 'Atomic Weapons and Special Nuclear Materials Rewards
Act'.''
50 USC 47b. Determination by Attorney General of entitlement and amount
of reward; consultation; Presidential approval
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Attorney General shall determine whether a person furnishing
information to the United States is entitled to a reward and the amount
to be paid pursuant to section 47a of this title. Before making a
reward under this section the Attorney General shall advise and consult
with the Atomic Energy Commission. A reward of $50,000 or more may not
be made without the approval of the President.
(July 15, 1955, ch. 372, 3, 69 Stat. 365; Aug. 17, 1974, Pub. L.
93-377, 1(b), 88 Stat. 473.)
1974 -- Pub. L. 93-377 substituted provisions authorizing the
Attorney General, with the advice of the Atomic Energy Commission, to
determine entitlement and the amount of reward for a person furnishing
information to the United States, for provisions authorizing an Awards
Board to determine entitlement and amount of such reward, setting forth
the composition of the Board and criteria for reward.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
50 USC 47c. Aliens; waiver of admission requirements
TITLE 50 -- WAR AND NATIONAL DEFENSE
If the information leading to an award under section 47b of this
title is furnished by an alien, the Secretary of State, the Attorney
General, and the Director of Central Intelligence, acting jointly, may
determine that the entry of such alien into the United States is in the
public interest and, in that event, such alien and the members of his
immediate family may receive immigrant visas and may be admitted to the
United States for permanent residence, notwithstanding the requirements
of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(July 15, 1955, ch. 372, 4, 69 Stat. 366.)
The Immigration and Nationality Act, referred to in text, is act June
27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified
principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens and
Nationality. For complete classification of this Act to the Code, see
Short Title note set out under section 1101 of Title 8 and Tables.
Requirements for admission of aliens, see section 1182 of Title 8,
Aliens and Nationality.
50 USC 47d. Hearings; rules and regulations; conclusiveness of
determinations of Attorney General
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) The Attorney General is authorized to hold such hearings and
make, promulgate, issue, rescind, and amend such rules and regulations
as may be necessary to carry out the purposes of this chapter.
(b) A determination made by the Attorney General under section 47b of
this title shall be final and conclusive and no court shall have power
or jurisdiction to review it.
(July 15, 1955, ch. 372, 5, 69 Stat. 366; Aug. 17, 1974, Pub. L.
93-377, 1(b), 88 Stat. 473.)
1974 -- Pub. L. 93-377 designated existing provisions as subsec.
(a), substituted ''Attorney General'' for ''Board as administering
agent'', and added subsec. (b).
50 USC 47e. Certification of award; approval; payment
TITLE 50 -- WAR AND NATIONAL DEFENSE
Any awards granted under section 47b of this title shall be certified
by the Attorney General and, together with the approval of the President
in those cases where such approval is required, transmitted to the
Director of Central Intelligence for payment out of funds appropriated
or available for the administration of the National Security Act of
1947, as amended.
(July 15, 1955, ch. 372, 6, 69 Stat. 366; Aug. 17, 1974, Pub. L.
93-377, 1(c), 88 Stat. 473.)
The National Security Act of 1947, as amended, referred to in text,
is act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 401 of this title and Tables.
1974 -- Pub. L. 93-377 substituted ''Attorney General'' for ''Awards
Board''.
50 USC 47f. Definitions
TITLE 50 -- WAR AND NATIONAL DEFENSE
As used in this chapter --
(a) The term ''atomic energy'' means all forms of energy released in
the course of nuclear fission or nuclear transformation.
(b) The term ''atomic weapon'' means any device utilizing atomic
energy, exclusive of the means for transporting or propelling the device
(where such means is a separable and divisible part of the device), the
principal purpose of which is for use as, or for development of, a
weapon, a weapon prototype, or a weapon test device.
(c) The term ''special nuclear material'' means plutonium, or uranium
enriched in the isotope 233 or in the isotope 235, or any other material
which is found to be special nuclear material pursuant to the provisions
of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(d) The term ''United States,'' when used in a geographical sense,
includes Puerto Rico, all Territories and possessions of the United
States and the Canal Zone; except that in section 47c of this title,
the term ''United States'' when so used shall have the meaning given to
it in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(July 15, 1955, ch. 372, 7, 69 Stat. 366.)
The Atomic Energy Act of 1954, referred to in subsec. (c), is act
Aug. 30, 1954, ch. 1073, 68 Stat. 921, as amended, which is
classified generally to chapter 23 ( 2011 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 2011 of Title 42
and Tables.
The Immigration and Nationality Act, referred to in subsec. (d), is
act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 ( 1101 et seq.) of Title 8, Aliens
and Nationality. For complete classification of this Act to the Code,
see Short Title note set out under section 1101 of Title 8 and Tables.
50 USC CHAPTER 5 -- ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
51 to 81. Repealed or Transferred.
82. Procurement of ships and material during war.
(a) Definitions.
(b) Presidential powers.
(d) Compensation for commandeered material.
83 to 88. Repealed or Omitted.
91 to 96. Repealed or Omitted.
98. Short title.
98a. Congressional findings and declaration of purpose.
98b. National Defense Stockpile.
(a) Determination of materials; quantities.
(b) Guidelines for exercise of Presidential authority.
(c) Quantity change; notification to Congress.
98c. Materials constituting the National Defense Stockpile.
98d. Authority for stockpile operations.
(a) Funds appropriated for acquisitions; proposed stockpile
transactions; significant changes therein.
(b) Disposal.
(c) Authorization of appropriations.
98e. Stockpile management.
(a) Presidential powers.
(b) Federal procurement practices.
(c) Barter; use of stockpile materials as payment for expenses of
acquiring, refining, processing or rotating materials.
(d) Waiver; notification of proposed disposal of materials.
(e) Leasehold interests in property.
98e-1. Transferred.
98f. Special Presidential disposal authority.
98g. Materials development and research.
(a) Development, mining, preparation, treatment, and utilization of
ores and other mineral substances.
(b) Development of sources of supplies of agricultural materials;
use of agricultural commodities for manufacture of materials.
(c) Development of sources of supply of other materials; development
or use of alternative methods for refining or processing materials in
stockpile.
(d) Grants and contracts to encourage conservation of strategic and
critical materials.
98h. National Defense Stockpile Transaction Fund.
(a) Establishment.
(b) Fund operations.
(c) Moneys received from sale of materials being rotated or disposed
of.
(d) Effect of bartering.
98h-1. Advisory committees.
98h-2. Reports to Congress.
98h-3. Definitions.
98h-4. Importation of strategic and critical materials.
98h-5. Biennial report on stockpile requirements.
(a) In general.
(b) Contents.
(c) Plans of President.
98h-6. Development of domestic sources.
(a) Purchase of materials of domestic origin; processing of
materials in domestic facilities.
(b) Terms and conditions of contracts and commitments.
(c) Proposed transactions included in annual materials plan;
availability of funds.
(d) Transportation and incidental expenses.
(e) Reports.
98h-7. National Defense Stockpile Manager.
(a) Appointment.
(b) Title of designated officer.
(c) Delegation of functions.
98i, 99. Repealed or Transferred.
100. Nitrate plants.
(a) Investigations; designation of sites; construction and
operation of dams, locks, improvements to navigation, etc.
(b) Lease, purchase, or acquisition of lands and rights of way;
purchase or acquisition of materials, minerals, and processes.
(c) Use of products of plants; disposal of surplus.
(d) Employment of officers, agents, or agencies.
(e) Government construction and operation.
100a. Omitted.
Acquisition of sites for armories, nitrate plants, and so forth, see
section 2663 of Title 10, Armed Forces.
50 USC SUBCHAPTER I -- ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 51 to 57. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 51, act Aug. 5, 1882, ch. 395, 22 Stat. 299, related to
pay of master amorer at Springfield Armory.
Section 52, act June 23, 1874, ch. 486, 18 Stat. 282, related to
pay of clerks at Springfield Armory.
Section 53, R.S. 1665, required an annual account of expenses of
national armories, together with an account of arms made and repaired
thereon.
Section 54, acts Aug. 18, 1890, ch. 797, 2, 26 Stat. 320; Aug.
7, 1946, ch. 770, 1(52), 60 Stat. 870, related to accounts of cost of
type and experimental manufacture of guns and other articles.
Section 55, R.S. 1666, authorized Secretary of War to abolish
useless or unnecessary arsenals. See section 4532 of Title 10, Armed
Forces.
Section 56, R.S. 1669, provided for forfeitures by reason of
misconduct of workmen in armories.
Section 57, R.S. 1671, exempted from jury duty all artificers and
workmen employed in armories and arsenals, of the United States.
50 USC 58. Repealed. Sept. 1, 1954, ch. 1208, title III, 305(d), 68
Stat. 1114
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act July 17, 1912, ch. 236, 37 Stat. 193, related to
awards. See section 4501 et seq. of Title 5, Government Organization
and Employees.
Repeal effective 90 days after Sept. 1, 1954, see section 307 of act
Sept. 1, 1954.
50 USC 59 to 66. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 59, act July 26, 1886, ch. 781, 1, 24 Stat. 151, related to
testing of rifled cannon for Navy.
Section 60, act July 8, 1918, ch. 137, 40 Stat. 817, authorized
transfer of naval ordnance and ordnance material from Navy Department to
Department of War.
Section 61, acts Mar. 3, 1879, ch. 183, 20 Stat. 412; Apr. 14,
1937, ch. 79, 50 Stat. 63, authorized issuance of arms and ammunition
to protect public property, provided for reimbursement. See section 4655
of Title 10, Armed Forces.
Section 62, acts Feb. 10, 1920, ch. 64, 41 Stat. 403; June 5,
1920, ch. 240, 41 Stat. 976; May 26, 1952, ch. 334, 66 Stat. 94,
authorized loan of rifles to organizations of honorably discharged
soldiers. See section 4683 of Title 10.
Section 62a, act June 30, 1906, ch. 3938, 34 Stat. 817, authorized
loan of ordnance to schools and State homes for veterans' orphans. See
sections 4685 and 9685 of Title 10.
Section 62b, act Dec. 15, 1926, ch. 10, 44 Stat. 922, authorized
Secretary of War to relieve posts or camps or organizations composed of
honorably discharged soldiers, sailors, or marines, and sureties on
bonds, from liability on account of loss or destruction of rifles,
slings, and cartridge belts loaned to such organizations. See section
4683 of Title 10.
Section 62c, acts May 29, 1934, ch. 369, 48 Stat. 815; Aug. 30,
1935, ch. 826, 49 Stat. 1013, authorized Secretary of War to donate
Army equipment loaned under authority of section 62 of this title.
Section 63, act May 11, 1908, ch. 163, 35 Stat. 125, authorized
sales of ordnance property to schools and State homes for veterans'
orphans. See sections 4625 and 9625 of Title 10, Armed Forces.
Section 64, acts May 28, 1908, ch. 215, 14, 35 Stat. 443; June 28,
1950, ch. 383, title IV, 402(g), 64 Stat. 273; Oct. 31, 1951, ch.
654, 2(26), 65 Stat. 707, authorized sale of obsolete small arms to
patriotic organizations. See sections 4684 and 9684 of Title 10.
Section 64a, act Mar. 3, 1875, ch. 130, 18 Stat. 388, provided for
sale of useless ordnance materials, appropriated an amount equal to net
proceeds of sale for purpose of procuring a supply of material, and
limited expenditures to not more than $75,000 in any one year.
Section 65, acts Apr. 23, 1904, ch. 1485, 33 Stat. 276; Aug. 1,
1953, ch. 305, title VI, 645, 67 Stat. 357, authorized sale of
serviceable ordnance and ordnance stores to American designers. See
sections 4507 and 9507 of Title 10.
Section 66, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; Mar. 3,
1899, ch. 423, 30 Stat. 1073; May 26, 1900, ch. 586, 31 Stat. 216;
June 28, 1950, ch. 383, title IV, 402(e), 64 Stat. 273; Oct. 31,
1951, ch. 654, 2(27), 65 Stat. 707, authorized issuance of condemned
ordnance to State homes for soldiers and sailors. See sections 4686 and
9686 of Title 10.
50 USC 67. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, acts May 22, 1896, ch. 231, 29 Stat. 133; May 26, 1928,
ch. 785, 45 Stat. 773; Feb. 28, 1933, ch. 137, 47 Stat. 1369; June
19, 1940, ch. 398, 1, 54 Stat. 491; July 31, 1947, ch. 421, 61 Stat.
707; Feb. 27, 1948, ch. 76, 1, 62 Stat. 37; Oct. 31, 1951, ch. 654,
2(2), 65 Stat. 706, which authorized loans or gifts of condemned or
obsolete equipment, was transferred to section 150p of former Title 5,
Executive Departments and Government Officers and Employees, and
subsequently repealed and reenacted as section 2572 of Title 10, Armed
Forces, by act Aug. 10, 1956, ch. 1041, 1, 53, 70A Stat. 143, 641.
50 USC 68 to 71. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 68, acts Mar. 4, 1909, ch. 319, 47, 35 Stat. 1075; June
28, 1950, ch. 383, title IV, 402(i), 64 Stat. 273; Oct. 31, 1951, ch.
654, 2(28), 65 Stat. 708, authorized sale of obsolete ordnance for
public parks, public buildings and soldiers' monuments purposes. See
sections 4684 and 9684 of Title 10, Armed Forces.
Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, authorized
sale of individual pieces of armament. See section 2574 of Title 10.
Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28,
1950, ch. 383, title IV, 402(h), 64 Stat. 273, authorized sale of
ordnance property to officers of the Navy and Marine Corps. See section
4625 and 9625 of Title 10.
Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, authorized
sale of ordnance stores to civilian employees of Army and to American
National Red Cross. See sections 4625 and 9625 of Title 10.
50 USC 72. Repealed. May 1, 1937, ch. 146, 5(i), 50 Stat. 126
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Aug. 29, 1916, ch. 418, 1, 39 Stat. 643, related to
sale of ordnance and stores to Cuba.
50 USC 73. Repealed. Aug. 1, 1953, ch. 305, title VI, 645, 67 Stat.
357
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Apr. 23, 1904, ch. 1485, 33 Stat. 276, related to
disposition of proceeds from sales of serviceable ordnance and stores.
See sections 2208 and 2210 of Title 10, Armed Forces.
50 USC 74 to 81. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 74, act Jan. 22, 1923, ch. 28, 42 Stat. 1142, provided
that net proceeds of sales of useless ordnance material by Navy
Department should be covered into Treasury as ''Miscellaneous
receipts''. See section 7543 of Title 10, Armed Forces.
Section 75, act Aug. 24, 1912, ch. 391, 1, 37 Stat. 589, related
to payment for transfers of ordnance or stores to bureaus or
departments.
Section 76, act June 20, 1878, ch. 359, 1, 20 Stat. 223, authorized
private use of a machine for testing iron and steel. See section 4508
of Title 10.
Section 77, acts Mar. 3, 1885, ch. 360, 23 Stat. 502; May 29,
1928, ch. 901, par. 27, 45 Stat. 988, regulated tests of iron and
steel and other materials for industrial purposes. See section 4508 of
Title 10.
Section 78, act June 3, 1916, ch. 134, 123, 39 Stat. 215, related
to gauges, dies, and tools for manufacture of arms. See sections 4505
and 9505 of Title 10.
Section 79, act June 3, 1916, ch. 134, 124, 39 Stat. 215, related
to nitrate plants. See section 100 of this title.
Section 80, act June 3, 1916, ch. 134, 120, 39 Stat. 213, 214,
related to procurement of war material and mobilization of industries.
See sections 4501, 4502, 9501, and 9502 of Title 10.
Section 81, act May 14, 1928, ch. 544, 45 Stat. 509, authorized
Secretary of War to secure assistance, whenever practicable, of
Geological Survey, Coast and Geodetic Survey, or other mapping agencies
of the Government in execution of military surveys and maps. See
sections 4537 and 9537 of Title 10.
Provisions similar to former section 81, but of a temporary nature,
were contained in the following appropriation acts:
Mar. 23, 1928, ch. 232, title I, 45 Stat. 342.
Feb. 23, 1927, ch. 167, title I, 44 Stat. 1123.
Apr. 15, 1926, ch. 146, title I, 44 Stat. 273.
Feb. 12, 1925, ch. 225, title I, 43 Stat. 911.
June 7, 1924, ch. 291, title I, 43, Stat. 496.
Mar. 2, 1923, ch. 178, title I, 42 Stat. 1402.
June 30, 1922, ch. 253, title I, 42 Stat. 741.
50 USC 82. Procurement of ships and material during war
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Definitions
The word ''person'' as used in subsections (b) and (c) of this
section shall include any individual, trustee, firm, association,
company, or corporation. The word ''ship'' shall include any boat,
vessel, submarine, or any form of aircraft, and the parts thereof. The
words ''war material'' shall include arms, armament, ammunition, stores,
supplies, and equipment for ships and airplanes, and everything required
for or in connection with the production thereof. The word ''factory''
shall include any factory, workshop, engine works, building used for
manufacture, assembling, construction, or any process, and any shipyard
or dockyard. The words ''United States'' shall include the Canal Zone
and all territory and waters, continental and insular, subject to the
jurisdiction of the United States.
(b) Presidential powers
In time of war the President is authorized and empowered, in addition
to all other existing provisions of law:
First. Within the limits of the amounts appropriated therefor, to
place an order with any person for such ships or war material as the
necessities of the Government, to be determined by the President, may
require and which are of the nature, kind, and quantity usually produced
or capable of being produced by such person. Compliance with all such
orders shall be obligatory on any person to whom such order is given,
and such order shall take precedence over all other orders and contracts
theretofore placed with such person. If any person owning, leasing, or
operating any factory equipped for the building or production of ships
or war material for the Navy shall refuse or fail to give to the United
States such preference in the execution of such an order, or shall
refuse to build, supply, furnish, or manufacture the kind, quantity, or
quality of ships or war material so ordered at such reasonable price as
shall be determined by the President, the President may take immediate
possession of any factory of such person, or of any part thereof without
taking possession of the entire factory, and may use the same at such
times and in such manner as he may consider necessary or expedient.
Second. Within the limit of the amounts appropriated therefor, to
modify or cancel any existing contract for the building, production, or
purchase of ships or war material; and if any contractor shall refuse
or fail to comply with the contract as so modified the President may
take immediate possession of any factory of such contractor, or any part
thereof without taking possession of the entire factory, and may use the
same at such times and in such manner as he may consider necessary or
expedient.
Third. To require the owner or occupier of any factory in which ships
or war material are built or produced to place at the disposal of the
United States the whole or any part of the output of such factory, and,
within the limit of the amounts appropriated therefor, to deliver such
output or parts thereof in such quantities and at such times as may be
specified in the order at such reasonable price as shall be determined
by the President.
Fourth. To requisition and take over for use or operation by the
Government any factory, or any part thereof without taking possession of
the entire factory, whether the United States has or has not any
contract or agreement with the owner or occupier of such factory.
(d) /1/ Compensation for commandeered material
Whenever the United States shall cancel or modify any contract, make
use of, assume, occupy, requisition, or take over any factory or part
thereof, or any ships or war material, in accordance with the provisions
of subsection (b) of this section, it shall make just compensation
therefor, to be determined by the President, and if the amount thereof
so determined by the President is unsatisfactory to the person entitled
to receive the same, such person shall be paid fifty per centum of the
amount so determined by the President and shall be entitled to sue the
United States to recover such further sum as added to said fifty per
centum shall make up such amount as will be just compensation therefor,
in the manner provided for by section 1346 or section 1491 of title 28.
(Mar. 4, 1917, ch. 180, 39 Stat. 1192.)
For definition of Canal Zone, referred to in subsec. (a), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
In subsec. (d), ''section 1346 or section 1491 of title 28''
substituted for ''section twenty-four, paragraph twenty, and section one
hundred and forty-five of the Judicial Code'' (those sections classified
to sections 41(20) and 250 of former Title 28, Judicial Code and
Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869,
section 1 of which enacted Title 28, Judiciary and Judicial Procedure.
Section 1346 of Title 28 sets forth the basic jurisdiction of the
district courts in cases in which the United States is defendant.
Section 1491 of Title 28 sets forth the basic jurisdiction of the United
States Court of Claims. Sections 24(20) and 145 of the Judicial Code
were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501
of Title 28.
For delegation of the President's authority under this section with
respect to placing of orders for ships or war materials, see section 103
of Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, set out as a note
under section 4501 of Title 10, Armed Forces.
Similar provisions were contained in the Naval Appropriation Act,
1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six
months after the treaty of peace between the United States and Germany
(Oct. 18, 1921).
Act July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that in the
interpretation of the provisions of this section, which authorized the
President to acquire, through construction or conversion, ships, landing
craft, and other vessels, the date July 25, 1947, shall be deemed to be
the date of termination of any state of war theretofore declared by
Congress and of the national emergencies proclaimed by the President on
Sept. 8, 1939, and May 27, 1941.
/1/ So in original. Section enacted without a subsec. (c).
50 USC 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 83, act May 29, 1928, ch. 853, 1, 45 Stat. 928, related to
ammunition for use of Army and Navy, storage and dispersal, control by a
joint board of officers. See section 172 of Title 10, Armed Forces.
Section 84, act Mar. 3, 1875, ch. 133, 1, 18 Stat. 455, related to
expenditure at armories for perfection of patentable inventions.
Section 85, act Mar. 3, 1921, ch. 128, 6, 41 Stat. 1352,
authorized Secretary of War to proceed with installation of guns and
howitzers.
50 USC 86 to 88. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sections 86 to 88, act Feb. 15, 1936, ch. 74, 1-3, 49 Stat. 1140,
related to conservation of domestic sources of tin, and were superseded
by the Export Control Act of 1949 (former sections 2021 to 2032 of the
Appendix to this title) pursuant to section 10 of that Act (former
section 2030 of the Appendix to this title). The act of Feb. 15, 1936
was subsequently superseded by the Export Administration Act of 1969
(former sections 2401 to 2413 of the Appendix to this title) pursuant to
section 12 of that Act (former section 2411 of the Appendix to this
title). See, also, the Export Administration Act of 1979, which is
classified to section 2401 of the Appendix to this title.
Section 86, act Feb. 15, 1936, ch. 74, 1, 49 Stat. 1140, related
to conservation of domestic resources of tin.
Section 87, act Feb. 15, 1936, ch. 74, 2, 49 Stat. 1140, related
to prohibition of exportation except on license.
Section 88, act Feb. 15, 1936, ch. 74, 3, 49 Stat. 1140, related
to penalties for violations of sections 86 and 87 of this title.
50 USC SUBCHAPTER II -- EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF
MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 91, act June 16, 1938, ch. 458, 1, 52 Stat. 707, authorized
Secretary of War to place educational orders for munitions of special or
technical design.
Section 92, act June 16, 1938, ch. 458, 2, 52 Stat. 708, related to
production equipment.
Section 93, act June 16, 1938, ch. 458, 3, 52 Stat. 708, placed
certain limitations on number of orders.
Section 94, acts June 16, 1938, ch. 458, 4, 52 Stat. 708; Apr. 3,
1939, ch. 35, 13, 53 Stat. 560, related to availability of
appropriations for purposes of sections 91 to 94 of this title.
50 USC 95. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act June 30, 1938, ch. 852, 52 Stat. 1255, authorized an
appropriation of $2,000,000 to remain until expended for purpose of
rotary-wing and other aircraft research, development, procurement,
experimentation, and operation for service testing.
50 USC 96. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to
purchase by Secretary of War of equipment for experimental and test
purposes. See sections 4504 and 9504 of Title 10, Armed Forces.
50 USC SUBCHAPTER III -- ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW
MATERIALS
TITLE 50 -- WAR AND NATIONAL DEFENSE
1745, 1856; title 15 section 714b; title 22 section
5094; title 30 section 1604; title 31 sections 5116,
5132; title 40 section 474; title 42 section 5821.
50 USC 98. Short title
TITLE 50 -- WAR AND NATIONAL DEFENSE
This subchapter may be cited as the ''Strategic and Critical
Materials Stock Piling Act''.
(June 7, 1939, ch. 190, 1, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 319.)
A prior section 98, acts June 7, 1939, ch. 190, 1, 53 Stat. 811;
July 23, 1946, ch. 590, 60 Stat. 596, which related to declaration of
Congressional policy in enacting this subchapter, was repealed by
section 2(a) of Pub. L. 96-41.
Pub. L. 100-180, div. C, title II, 3201, Dec. 4, 1987, 101 Stat.
1245, provided that: ''This title (enacting section 98h-5 of this
title, amending sections 98a, 98b, 98d, 98e-1, 98h, 98h-2, and 98h-4 of
this title, enacting provisions set out as a note under section 98e-1 of
this title, and repealing provisions set out as a note under this
section) may be cited as the 'National Defense Stockpile Amendments of
1987'.''
Section 1 of Pub. L. 96-41 provided: ''That this Act (enacting
sections 98 to 98h-3 of this title, redesignating former section 98h-1
of this title as 98h-4 of this title, amending section 2093 of the
Appendix to this title, sections 1743 and 1745 of Title 7, Agriculture,
section 741b of Title 15, Commerce and Trade, and section 485 of Title
40, Public Buildings, Property, and Works, enacting a provision set out
as a note under this section, and repealing a provision set out as a
note under this section) may be cited as the 'Strategic and Critical
Materials Stock Piling Revision Act of 1979'.''
Act June 7, 1939, ch. 190, 11, formerly 10, as added by act July 23,
1946, ch. 590, 60 Stat. 596, and renumbered by Pub. L. 92-156, title
V, 503(1), Nov. 17, 1971, 85 Stat. 427, which provided that this Act,
which enacted this subchapter, be cited as the ''Strategic and Critical
Materials Stock Piling Act'', was repealed by Pub. L. 96-41, 2(b)(2),
July 30, 1979, 93 Stat. 324.
Section 4 of Pub. L. 96-41 provided that: ''Any provision
authorizing the enactment of new budget authority contained in the
amendments made by this Act (see Short Title of 1979 Amendment note
above) shall be effective on October 1, 1979.''
Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071, as amended by Ex.
Ord. No. 12417, May 2, 1983, 48 F.R. 20035, which related to delegation
of functions vested in President by Strategic and Critical Materials
Stock Piling Act, as amended (50 U.S.C. 98 et seq.), to various Federal
agencies and officials, was revoked by Pub. L. 100-180, div. C, title
II, 3203(b), Dec. 4, 1987, 101 Stat. 1247, effective 30 days after
Dec. 4, 1987.
Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), as amended,
section 3203 of the National Defense Authorization Act for Fiscal Year
1988 (Public Law 100-180) (amending section 98e-1 of this title and
enacting a provision set out as a note under section 98e-1 of this
title), and section 301 of Title 3 of the United States Code, it is
hereby ordered as follows:
Section 1. The Secretary of Defense is designated National Defense
Stockpile Manager. The functions vested in the President by the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et
seq.), except the functions vested in the President by sections 7, 8,
and 13 of the Act (50 U.S.C. 98f, 98g, 98h-4), are delegated to the
Secretary of Defense. The functions vested in the President by section
8(a) of the Act (50 U.S.C. 98g(a)) are delegated to the Secretary of the
Interior. The functions vested in the President by section 8(b) of the
Act (50 U.S.C. 98g(b)) are delegated to the Secretary of Agriculture.
Sec. 2. The functions vested in the President by section 4(h) of the
Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(
h)), are delegated to the Secretary of Defense.
Sec. 3. The functions vested in the President by section 204(f) of
the Federal Property and Administrative Services Act of 1949, as amended
(40 U.S.C. 485(f)), are delegated to the Secretary of Defense.
Sec. 4. In executing the functions delegated to him by this Order,
the Secretary of Defense may delegate such functions as he may deem
appropriate, subject to his direction. The Secretary shall consult with
the heads of affected agencies in performing the functions delegated to
him by this Order.
Ronald Reagan.
50 USC 98a. Congressional findings and declaration of purpose
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) The Congress finds that the natural resources of the United
States in certain strategic and critical materials are deficient or
insufficiently developed to supply the military, industrial, and
essential civilian needs of the United States for national defense.
(b) It is the purpose of this subchapter to provide for the
acquisition and retention of stocks of certain strategic and critical
materials and to encourage the conservation and development of sources
of such materials within the United States and thereby to decrease and
to preclude, when possible, a dangerous and costly dependence by the
United States upon foreign sources for supplies of such materials in
times of national emergency.
(c) In providing for the National Defense Stockpile under this
subchapter, Congress establishes the following principles:
(1) The purpose of the National Defense Stockpile is to serve the
interest of national defense only. The National Defense Stockpile is
not to be used for economic or budgetary purposes.
(2) The quantities of materials stockpiled under this subchapter
should be sufficient to sustain the United States for a period of not
less than three years during a national emergency situation that would
necessitate total mobilization of the economy of the United States for a
sustained conventional global war of indefinite duration.
(June 7, 1939, ch. 190, 2, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 319; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title
II, 3202(b), 101 Stat. 1245.)
A prior section 98a, acts June 7, 1939, ch. 190, 2, 53 Stat. 811;
July 23, 1946, ch. 590, 60 Stat. 596; 1953 Reorg. Plan No. 3, 2( b),
eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No.
1, 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968,
Pub. L. 90-608, 402, 82 Stat. 1194; Ex. Ord. No. 11725, 3, eff. June
29, 1973, 38 F.R. 17175, which related to determination of strategic and
critical materials, the quantity and quality to be purchased, formation
and functions of industry advisory committees, and the subsistence and
traveling expenses of members of those committees, was repealed by
section 2(a) of Pub. L. 96-41.
Provisions similar to those comprising this section were contained in
former section 98 of this title prior to repeal of that section by Pub.
L. 96-41.
1987 -- Subsec. (c). Pub. L. 100-180 added subsec. (c).
50 USC 98b. National Defense Stockpile
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Determination of materials; quantities
Subject to subsection (c) of this section, the President shall
determine from time to time (1) which materials are strategic and
critical materials for the purposes of this subchapter, and (2) the
quality and quantity of each such material to be acquired for the
purposes of this subchapter and the form in which each such material
shall be acquired and stored. Such materials when acquired, together
with the other materials described in section 98c of this title, shall
constitute and be collectively known as the National Defense Stockpile
(hereinafter in this subchapter referred to as the ''stockpile'').
(b) Guidelines for exercise of Presidential authority
The President shall make the determinations required to be made under
subsection (a) of this section on the basis of the principles stated in
section 98a(c) of this title.
(c) Quantity change; notification to Congress
(1) The quantity of any material to be stockpiled under this
subchapter, as in effect on September 30, 1987, may be changed only as
provided in this subsection or as otherwise provided by law enacted
after December 4, 1987.
(2) If the President proposes to change the quantity of any material
to be stockpiled under this subchapter, the President shall include a
full explanation and justification for the change in the next annual
material plan submitted to Congress under section 98h-2(b) of this
title.
(3) If the proposed change in the case of any material would result
in a new requirement for the quantity of such material different from
the requirement for that material in effect on September 30, 1987, by
less than 10 percent, the change may be made by the President effective
on or after the first day of the first fiscal year beginning after the
explanation and justification for the proposed change is submitted
pursuant to paragraph (2).
(4) In the case of a proposed change not covered by paragraph (3),
the proposed change may be made only to the extent expressly authorized
by law.
(5) If in any year the reports required by sections 98h-2(b) and
98h-5 of this title are not submitted to Congress as required by law
(including the time for such submission), then during the next fiscal
year no change under paragraph (3) may be made in the quantity of any
material to be stockpiled under this subchapter.
(June 7, 1939, ch. 190, 3, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 319; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title
II, 3202(a), 101 Stat. 1245; Sept. 29, 1988, Pub. L. 100-456, div. A,
title XII, 1233(b)(2), 102 Stat. 2057.)
A prior section 98b, acts June 7, 1939, ch. 190, 3, 53 Stat. 811;
July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title
I, 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I,
102(a), 63 Stat. 380; 1953 Reorg. Plan No. 3, 2(b), eff. June 12,
1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, 2, eff.
July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L.
90-608, 402, 82 Stat. 1194; Ex. Ord. No. 11725, 3, eff. June 29,
1973, 38 F.R. 17175, which related to purchase, storage, refinement,
rotation, and disposal of materials, was repealed by section 2(a) of
Pub. L. 96-41. See section 98e of this title.
Provisions similar to those comprising this section were contained in
former section 98a of this title prior to repeal of that section by Pub.
L. 96-41.
1988 -- Subsec. (c)(1). Pub. L. 100-456 substituted ''December 4,
1987'' for ''the date of the enactment of the National Defense Stockpile
Amendments of 1987'', which for purposes of codification had been
translated as ''December 4, 1987'', thus requiring no change in text.
1987 -- Subsec. (a). Pub. L. 100-180, 3202(a)(1), substituted
''Subject to subsection (c) of this section, the'' for ''The''.
Subsec. (b). Pub. L. 100-180, 3202(a)(2), substituted ''the
principles stated in section 98a(c) of this title.'' for ''the following
principles:'' and struck out cls. (1) and (2) which related to purpose
of National Defense Stockpile and quantities of materials stockpiled.
Subsec. (c). Pub. L. 100-180, 3202(a)(3), added subsec. (c) and
struck out former subsec. (c) which read as follows: ''The quantity of
any material to be stockpiled under this subchapter, as determined under
subsection (a) of this section, may not be revised unless the Committees
on Armed Services of the Senate and House of Representatives are
notified in writing of the proposed revision and the reasons for such
revision at least thirty days before the effective date of such
revision.''
Functions of the President under this section were delegated to the
Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988,
53 F.R. 6114, set out under section 98 of this title.
Pub. L. 101-189, div. C, title XXXIII, 3301, Nov. 29, 1989, 103
Stat. 1685, provided that: ''Pursuant to section 3(c)(4) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(
4)), the National Defense Stockpile Manager may revise quantities of
materials to be stockpiled under that Act (50 U.S.C. 98 et seq.) in
accordance with the following table:
section 2796d.
50 USC 98c. Materials constituting the National Defense Stockpile
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) The stockpile consists of the following materials:
(1) Materials acquired under this subchapter and contained in the
national stockpile on July 29, 1979.
(2) Materials acquired under this subchapter after July 29, 1979.
(3) Materials in the supplemental stockpile established by section
1704(b) of title 7 (as in effect from September 21, 1959, through
December 31, 1966) on July 29, 1979.
(4) Materials acquired by the United States under the provisions of
section 2093 of the Appendix to this title and transferred to the
stockpile by the President pursuant to subsection (f) of such section.
(5) Materials transferred to the United States under section 2423 of
title 22 that have been determined to be strategic and critical
materials for the purposes of this subchapter and that are allocated by
the President under subsection (b) of such section for stockpiling in
the stockpile.
(6) Materials acquired by the Commodity Credit Corporation and
transferred to the stockpile under section 714b(h) of title 15.
(7) Materials acquired by the Commodity Credit Corporation under
paragraph (2) of section 1743(a) of title 7, and transferred to the
stockpile under the third sentence of such section.
(8) Materials transferred to the stockpile by the President under
paragraph (4) of section 1743(a) of title 7.
(9) Materials transferred to the stockpile under subsection (b) of
this section.
(b) Notwithstanding any other provision of law, any material that (1)
is under the control of any department or agency of the United States,
(2) is determined by the head of such department or agency to be excess
to its needs and responsibilities, and (3) is required for the stockpile
shall be transferred to the stockpile. Any such transfer shall be made
without reimbursement to such department or agency, but all costs
required to effect such transfer shall be paid or reimbursed from funds
appropriated to carry out this subchapter.
(June 7, 1939, ch. 190, 4, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 320; amended Nov. 14, 1986, Pub. L. 99-661, div. C, title
II, 3207(a)(1), 100 Stat. 4069.)
Section 1704(b) of title 7, referred to in subsec. (a)(3), was
amended generally by Pub. L. 101-624, title XV, 1512, Nov. 28, 1990,
104 Stat. 3635, and, as so amended, no longer contains provisions
relating to a supplemental stockpile.
A prior section 98c, acts June 7, 1939, ch. 190, 4, 53 Stat. 811;
July 23, 1946, ch. 590, 60 Stat. 598; 1953 Reorg. Plan No. 3, 2( b),
eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No.
1, 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968,
Pub. L. 90-608, 402, 82 Stat. 1194; Ex. Ord. No. 11725, 3, eff. June
29, 1973, 38 F.R. 17175; Apr. 21, 1976, Pub. L. 94-273, 37, 90 Stat.
380, which required reports to Congress, was repealed by section 2(a) of
Pub. L. 96-41. See section 98h-2 of this title.
1986 -- Pub. L. 99-661 substituted ''on July 29, 1979'' for ''on the
day before the date of the date of enactment of the Strategic and
Critical Materials Stock Piling Revision Act of 1979'' in pars. (1) and
(3), and ''after July 29, 1979'' for ''on or after the date of the
enactment of the Strategic and Critical Materials Stock Piling Revision
Act of 1979'' in par. (2).
50 USC 98d. Authority for stockpile operations
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Funds appropriated for acquisitions; proposed stockpile
transactions; significant changes therein
(1) Except for acquisitions made under the authority of paragraph (3)
or (4) of section 98e(a) of this title, no funds may be obligated or
appropriated for acquisition of any material under this subchapter
unless funds for such acquisition have been authorized by law. Funds
appropriated for such acquisition (and for transportation and other
incidental expenses related to such acquisition) shall remain available
until expended, unless otherwise provided in appropriation Acts.
(2) If for any fiscal year the President proposes certain stockpile
transactions in the annual materials plan submitted to Congress for that
year under section 98h-2(b) of this title and after that plan is
submitted the President proposes (or Congress requires) a significant
change in any such transaction, or a significant transaction not
included in such plan, no amount may be obligated or expended for such
transaction during such year until the President has submitted a full
statement of the proposed transaction to the appropriate committees of
Congress and a period of 30 days has passed from the date of the receipt
of such statement by such committees. In computing any 30-day period
for the purpose of the preceding sentence, there shall be excluded any
day on which either House of Congress is not in session because of an
adjournment of more than three days to a day certain.
(b) Disposal
Except for disposals made under the authority of paragraph (3), (4),
or (5) of section 98e(a) of this title or under section 98f(a) of this
title, no disposal may be made from the stockpile (1) unless such
disposal, including the quantity of the material to be disposed of, has
been specifically authorized by law, or (2) if the disposal would result
in there being an unobligated balance in the National Defense Stockpile
Transaction Fund in excess of $100,000,000.
(c) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary
to provide for the transportation, processing, refining, storage,
security, maintenance, rotation, and disposal of materials contained in
or acquired for the stockpile. Funds appropriated for such purposes
shall remain available to carry out the purposes for which appropriated
for a period of two fiscal years, if so provided in appropriation Acts.
(June 7, 1939, ch. 190, 5, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 321; amended Aug. 13, 1981, Pub. L. 97-35, title II, 203(
a), (b), 95 Stat. 381, 382; Oct. 19, 1984, Pub. L. 98-525, title IX,
903, 98 Stat. 2573; Nov. 14, 1986, Pub. L. 99-661, div. C, title II,
3207(a)(2), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C,
title II, 3206(a), 101 Stat. 1247.)
A prior section 98d, acts June 7, 1939, ch. 190, 5, 53 Stat. 812;
July 23, 1946, ch. 590, 60 Stat. 598, which related to release of
stock pile materials, was repealed by section 2(a) of Pub. L. 96-41.
See section 98f of this title.
Provisions similar to those comprising this section were contained in
former sections 98b and 98g of this title prior to repeal of those
sections by Pub. L. 96-41.
1987 -- Subsec. (a)(2). Pub. L. 100-180 struck out ''or until each
such committee, before the expiration of such period, notifies the
President that it has no objection to the proposed transaction'' before
period at end of first sentence.
1986 -- Subsec. (b). Pub. L. 99-661 substituted ''paragraph (3),
(4), or (5)'' for ''paragraph (4) or (5)''.
1984 -- Subsec. (b)(2). Pub. L. 98-525, 903(b), substituted
''$100,000,000'' for ''$250,000,000''.
Pub. L. 98-525, 903(a), substituted ''an unobligated balance'' for
''a balance'' where first appearing and ''$250,000,000'' for
''$1,000,000,000 or, in the case of a disposal to be made after
September 30, 1983, if the disposal would result in there being a
balance in the fund in excess of $500,000,000''.
1981 -- Subsec. (a). Pub. L. 97-35, 203(a), designated existing
provisions as par. (1), inserted applicability to other incidental
expenses, substituted ''until expended, unless otherwise'' for ''for a
period of five fiscal years, if so'', and added par. (2).
Subsec. (b). Pub. L. 97-35, 203(b), inserted designation for cl. (1)
and added cl. (2).
Section 903(b) of Pub. L. 98-525, as amended by Pub. L. 99-145,
title XVI, 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part that
the amendment by section 903(b) of Pub. L. 98-525, is effective Oct.
1, 1987.
Section 203(f) of Pub. L. 97-35 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with respect
to funds appropriated for fiscal years beginning after September 30,
1981.''
Functions of President under this section delegated to Secretary of
Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R.
6114, set out under section 98 of this title.
Pub. L. 102-190, div. C, title XXXIII, 3301, Dec. 5, 1991, 105
Stat. 1583, provided that:
''(a) Authority. -- During fiscal years 1992 and 1993, the National
Defense Stockpile Manager may dispose of materials in the National
Defense Stockpile in accordance with this section. The value of
materials disposed of may not exceed $150,000,000 during each of such
fiscal years. Such disposal may be made only as specified in subsection
(b).
''(b) Materials Authorized To Be Disposed. -- Any disposal under
subsection (a) shall be made --
''(1) from quantities of materials in the National Defense Stockpile
previously authorized for disposal by law, including the materials
authorized for disposal in accordance with the table contained in
section 3302(b) of the National Defense Authorization Act for Fiscal
Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1686 (set out as a
note below)); or
''(2) in the case of materials in the National Defense Stockpile that
have been determined to be excess to the current requirements of the
stockpile, in accordance with the following table:
''(c) Additional Authority. -- The disposal authority provided in
subsection (a) is in addition to any other disposal authority provided
by law.
''(d) Limitation on Disposals. -- The National Defense Stockpile
Manager may dispose of materials under this section during fiscal years
1992 and 1993 only to the extent that the total amount received (or to
be received) from such disposals for each of such fiscal years does not
exceed the amount obligated from the National Defense Stockpile
Transaction Fund during such fiscal year for the purposes authorized
under section 9(b)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h(b)(2)).''
Pub. L. 101-189, div. C, title XXXIII, 3302, Nov. 29, 1989, 103
Stat. 1685, provided that:
''(a) Authority. -- During fiscal years 1990 and 1991, the National
Defense Stockpile Manager may dispose of materials in the National
Defense Stockpile in accordance with this section. The value of
materials disposed of may not exceed $180,000,000 during each of such
fiscal years, and such disposal may be made only as specified in
subsection (b).
''(b) Materials Authorized to be Disposed. -- Any disposal under
subsection (a) shall be made from quantities of materials in the
National Defense Stockpile previously authorized for disposal by law or,
in the case of materials in the National Defense Stockpile that have
been determined to be excess to the current requirements of the
stockpile, in accordance with the following table:
''(c) Additional Authority. -- The disposal authority provided in
subsection (a) is in addition to any other disposal authority provided
by law.
''(d) Limitation on Disposals During Fiscal Years 1990 and 1991. --
The National Defense Stockpile Manager may dispose of materials under
this section during each of the fiscal years 1990 and 1991 only to the
extent that the total amount received (or to be received) from such
disposals for each such fiscal year does not exceed the amount obligated
from the National Defense Stockpile Transaction Fund during such fiscal
year for the purposes authorized under section 9(b)(2) of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98h( b)(2)).''
Pub. L. 100-456, div. A, title XV, 1501, Sept. 29, 1988, 102 Stat.
2085, provided that:
''(a) Authority. -- Notwithstanding section 5(b) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98d(b)) but subject to
subsection (c), the President may during fiscal year 1989 dispose of
materials in the National Defense Stockpile in accordance with this
section. The value of the materials disposed of may not exceed
$180,000,000 and may only be made as specified in subsection (b).
''(b) Materials Authorized To Be Disposed. -- Any disposal pursuant
to the authority in subsection (a) shall be made from materials in the
National Defense Stockpile previously authorized for disposal by law and
from the following materials in the National Defense Stockpile, such
materials having been determined to be excess to stockpile requirements:
''(c) Disposals During Fiscal Year 1989. -- The President may dispose
of materials under this section during fiscal year 1989 only to the
extent that the total amount received (or to be received) from such
disposals does not exceed the amount expended from the National Defense
Stockpile Transaction Fund during fiscal year 1989 for purposes
authorized under section 9(b)(2) of such Act (section 98h(b)(2) of this
title).''
Section 3205 of Pub. L. 99-661 provided that:
''(a) Required Upgrading. -- During each of fiscal years 1987 through
1993, the President shall --
''(1) obtain bids from domestic producers of high carbon
ferrochromium and of high carbon ferromanganese; and
''(2) award contracts for the conversion of chromium and manganese
ores held in the National Defense Stockpile into high carbon
ferrochromium and high carbon ferromanganese, respectively.
''(b) Quantities To Be Upgraded. -- (1) Contracts awarded under
subsection (a) shall provide for the addition of not less than 53,500
short tons of high carbon ferrochromium and not less than 67,500 short
tons of high carbon ferromanganese to the National Defense Stockpile
during each of the fiscal years covered by subsection (a).
''(2) If, during any fiscal year referred to in subsection (a), the
minimum quantity of high carbon ferrochromium or high carbon
ferromanganese to be added to the National Defense Stockpile, as
required by paragraph (1), is not met, the quantity of such material to
be added to the stockpile in the next fiscal year shall be increased by
the quantity of the deficiency.
''(c) Seven-Year Minimum Quantities. -- The total quantities of high
carbon ferrochromium and high carbon ferromanganese to be added to the
National Defense Stockpile over the seven fiscal years referred to in
subsection (a) shall be as follows:
''(1) High carbon ferrochromium, 374,000 short tons.
''(2) High carbon ferromanganese, 472,000 short tons.
''(d) Definition. -- In this section, the term 'National Defense
Stockpile' means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).''
Similar provisions were contained in Pub. L. 99-500, 101(c) (title
IX, 9110), Oct. 18, 1986, 100 Stat. 1783-82, 1783-120, and Pub. L.
99-591, 101(c) (title IX, 9110), Oct. 30, 1986, 100 Stat. 3341-82,
3341-120.
Pub. L. 99-500, 101(m) (title V, 519), Oct. 18, 1986, 100 Stat.
1783-308, 1783-326, and Pub. L. 99-591, 101(m) (title V, 519), Oct.
30, 1986, 100 Stat. 3341-308, 3341-326, provided that: ''Effective
September 30, 1987, none of the funds made available by this Act or any
other Act with respect to fiscal year 1987 and any other fiscal year may
be used to store, to maintain or to protect more than 128,000,000 troy
ounces of silver deposited in the National Defense Stockpile. The
Administrator of General Services, or any Federal officer assuming the
Administrator's responsibilities with respect to management of the
stockpile, shall use all proceeds generated from the disposal of silver
to purchase, no later than October 1, 1988, stockpile materials to meet
National Defense Stockpile goals and specifications in effect on October
1, 1984.''
Pub. L. 99-145, title XVI, 1612, Nov. 8, 1985, 99 Stat. 776, as
amended by Pub. L. 99-661, div. C, title II, 3201, Nov. 14, 1986, 100
Stat. 4067, provided that:
''(a) Freeze on Goals. -- (1) No action may be taken before October
1, 1987, to implement or administer any change in a stockpile goal in
effect on October 1, 1984, that results in a reduction in the quality or
quantity of any strategic and critical material to be acquired for the
National Defense Stockpile.
''(b) Definition. -- For purposes of subsection (a), the term
'stockpile goal' means a determination made by the President under
section 3(a) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b) with respect to the National Defense Stockpile.''
Section 3204 of Pub. L. 99-661 provided that:
''(a) In General. -- (1) The President is authorized to dispose of
the following quantities of materials that are currently held in the
National Defense Stockpile (established by section 3 of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98b)) and that are
hereby determined to be excess to the current requirements of the
stockpile:
''(2) Authority provided by paragraph (1) is in addition to any other
authority provided by law to dispose of materials from the National
Defense Stockpile.
''(b) Special Disposal Authority. -- During fiscal year 1987, the
President may contract to carry out authorized disposals of materials
from the National Defense Stockpile without regard to the limitation in
section 5(b)(2) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98d(b)(2)), but only to the extent that the total amount
received (or to be received) from such disposals does not exceed the
amount obligated from the National Defense Stockpile Transaction Fund
during such fiscal year for purposes authorized under section 9(b)(2) of
such Act (as amended by section 3203) (50 U.S.C. 98h(b)(2)).''
Pub. L. 98-525, title IX, 901, 902, Oct. 19, 1984, 98 Stat. 2573,
provided that:
''Sec. 901. (a) Any authority provided by law before the date of the
enactment of this Act (Oct. 19, 1984) to enter into contracts for the
disposal of materials in the National Defense Stockpile established by
section 3 of the Strategic and Critical Materials Stock Piling Act
(hereinafter in this title referred to as ''the Act'') (50 U.S.C. 98b)
shall expire on September 30, 1984.
''Sec. 902. Effective on October 1, 1984, the President is authorized
to dispose of the following quantities of materials currently held in
the National Defense Stockpile in accordance with the provisions of the
Act (this chapter), such quantities having been determined to be excess
to the current requirements of the stockpile:
''(1) 3,200 short tons of antimony.
''(2) 5,600 short tons of asbestos, chrysotile.
''(3) 7,500,000 carats of diamond stones.
''(4) 51,210 short dry tons of manganese dioxide battery natural.
''(5) 292,000 short dry tons of metallurgical grade manganese.
''(6) 5,000 flasks of mercury.
''(7) 500,000 pounds of mercuric oxide.
''(8) 1,000,000 pounds of mica, muscovite film first and second
qualities.
''(9) 1,000,000 pounds of mica, muscovite splittings.
''(10) 50,000 pounds of mica, phlogopite splittings.
''(11) 167 short tons of mica block and lump.
''(12) 100,000 pounds of quartz crystals.
''(13) 10,000,000 troy ounces of silver.
''(14) 125,000 pounds of talc, block and lump.
''(15) 50,000 pounds of thorium nitrate.
''(16) 20,000 long tons of tin.
''(17) 2,400,000 pounds of tungsten contained in ores.
''(18) 4,200 long tons of vegetable tannin, chestnut.
''(19) 20,000 long tons of vegetable tannin, quebracho.''
Section 201 of Pub. L. 97-35 provided that:
''(a) Effective on October 1, 1981, the President is authorized to
dispose of the following quantities of materials currently held in the
National Defense Stockpile established by section 3 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b), such quantities
having been determined to be excess to the current requirements of the
stockpile:
''(1) 1,000,000 pounds of iodine.
''(2) 1,500,000 carats of diamonds, industrial crushing bort.
''(3) 710,253 pounds of mercuric oxide.
''(4) 50,000 flasks of mercury.
''(5) 6,000,000 pounds of mica, muscovite splittings.
''(6) 25,000 pounds of mica, phlogopite splittings.
''(7) 46,537,000 troy ounces of silver.
''(8) 1,000 short tons of antimony.
''(9) 2,000 short tons of asbestos chrysotile.
''(10) 50,000 pounds of mica muscovite film, first and second
qualities.
''(11) 50,000 pounds of mica muscovite block, stained and lower.
''(12) 700 long tons of vegetable tannin extract, wattle.
''(b) Effective on October 1, 1982, the President is authorized to
dispose of the following quantities of materials currently held in the
National Defense Stockpile, such quantities having been determined to be
excess to the current requirements of the stockpile:
''(1) 44,682,000 troy ounces of silver.
''(2) 1,000 short tons of antimony.
''(3) 2,000 short tons of asbestos chrysotile.
''(4) 1,500,000 carats of diamond stones.
''(5) 1,000,000 pounds of iodine.
''(6) 50,000 pounds of mica muscovite film, first and second
qualities.
''(7) 50,000 pounds of mica muscovite block, stained and lower.
''(8) 697 long tons of vegetable tannin extract, wattle.
''(c) Effective on October 1, 1983, the President is authorized to
dispose of the following quantities of materials currently held in the
National Defense Stockpile, such quantities having been determined to be
excess to the current requirements of the stockpile:
''(1) 13,900,000 troy ounces of silver.
''(2) 1,000 short tons of antimony.
''(3) 6,000 short tons of asbestos amosite.
''(4) 2,000 short tons of asbestos chrysotile.
''(5) 1,500,000 carats of diamond stones.
''(6) 197,465 carats of diamonds, industrial crushing bort.
''(7) 213,000 pounds of iodine.
''(8) 50,000 pounds of mica muscovite film, first and second
qualities.
''(9) 50,000 pounds of mica muscovite block, stained and lower.
''(d)(1) The authority to enter into contracts for the disposal of
materials in the stockpile under the disposal authorizations contained
in paragraphs (7) through (12) of subsection (a) expires on September
30, 1982.
''(2) The authority to enter into contracts for the disposal of
materials in the stockpile under the disposal authorizations contained
in subsection (b) expires on September 30, 1983.
''(3) The authority to enter into contracts for the disposal of
materials in the stockpile under the disposal authorizations contained
in subsection (c) expires on September 30, 1984.
''(e) Any disposal under the authority of subsection (a), (b), or (c)
shall be carried out in accordance with the provisions of the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).
''(f)(1) The authority contained in subsections (b)(1) and (c)(1)
shall not become effective unless the President, not later than
September 1, 1982, determines that the silver authorized for disposal by
such subsections is excess to the requirements of the stockpile as of
that date.
''(2) A determination by the President under paragraph (1) shall be
based upon consideration of such factors as the President considers
relevant, including the following factors:
''(A) The demand for silver in each of the next ten years for the
industrial, military, and naval needs of the United States for national
defense.
''(B) The domestic supply of silver for each of the next ten years,
as a function of price, that would be available to meet the demand
identified under subparagraph (A).
''(C) The potential dependency of the United States on foreign
supplies of silver in each of the next ten years to meet the demand
identified under subparagraph (A).
''(D) The effect of disposal under subsections (b)(1) and (c)(1) on
(i) the world silver market (in terms of price and supply), (ii) the
domestic and international silver mining industry (in terms of
exploration and production), (iii) international currency and monetary
policy, and (iv) long range military preparedness.
''(3) If the President makes a determination described in paragraph
(1), he shall promptly report to the Committees on Armed Services of the
Senate and House of Representatives that he has made such determination
and shall include a detailed discussion and analysis of the factors set
forth in paragraph (2) and other relevant factors.''
Section 202 of Pub. L. 97-35 provided that:
''(a) Effective on October 1, 1981, there is authorized to be
appropriated the sum of $535,000,000 for the acquisition of strategic
and critical materials under section 6(a) of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98e(a)).
''(b) Any acquisition using funds appropriated under the
authorization of subsection (a) shall be carried out in accordance with
the provisions of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98 et seq.).''
Pub. L. 97-377, title I, 101(c) (title VII, 799B), Dec. 21, 1982, 96
Stat. 1866, provided that: ''After the date of enactment of this Act
(Dec. 21, 1982), annual sales of silver from the National Defense
Stockpile under the authority of Public Law 97-35 (see Tables for
classification), or any other Act, shall not exceed 10 per centum of the
silver produced from existing domestic producing mines in the preceding
12 month period.''
Pub. L. 97-114, title VII, 788, Dec. 29, 1981, 95 Stat. 1592,
provided that: ''After the date of enactment of this Act (Dec. 29,
1981) no sale of silver from the National Defense Stockpile under the
authority of Public Law 97-35 (see Tables for classification), or any
other Act, shall occur until the President, not later than July 1, 1982,
redetermines that the silver authorized for disposal is excess to the
requirements of the stockpile, taking into consideration such factors as
the President considers relevant, including the following factors:
''(1) The findings and recommendations of the report by the General
Accounting Office on the sale of silver from the National Defense
Stockpile to be completed on or before January 1, 1982.
''(2) The demand for silver to meet defense, essential civilian,
basic industrial, and monetary requirements, taking into account the
most recent 'Defense Guidance' used by the Department of Defense in
programming general purpose conventional forces as well as historical
monetary uses of silver as a medium of payment to foreign workers and
troops during times of national emergency.
''(3) The projected magnitude of the increase in production as well
as the accuracy and reliability of the data used in projecting increases
in both domestic and reliable foreign production capacity, taking into
account the lead times associated with expanding capacity and obtaining
such requirements as the necessary labor, equipment, transportation and
energy.
''(4) The current reliability of supplies from foreign sources and
the economic and security implications resulting from our dependence on
these sources of supply in times of national emergency taking into
account the probability of a supply disruption or sharp price increase
and its impact on the United States economy or a national priority such
as defense.
''(5) The need for silver in the stockpile during the next ten year
period taking into account long-term supply and demand projections of
the Bureau of Mines, United States Department of the Interior.
Should the President taking into consideration the factors described
above find the silver to be in excess to stockpile needs, he shall
report to the Committees on Armed Services of the Senate and House of
Representatives that he has made such a determination, and shall include
a detailed discussion and analysis of the factors set forth above, and
other relevant factors, including alternative methods of disposal for
such silver, together with his recommended method of disposal. No
action shall be taken to dispose of silver from the National Defense
Stockpile, prior to the approval by Congress of the recommended method
of disposal.''
Act June 22, 1956, ch. 426, 70 Stat. 329, directed that the Federal
Facilities Corporation immediately sell or lease the Government-owned
tin smelter at Texas City, Texas, and the waste acid plant and other
assets of the Government's tin program, prescribed the corporate powers
of the Corporation in regard to the sale or lease, established a Tin
Advisory Committee to consult with the Corporation, established periods
for the receipt and negotiation of purchase proposals, and provided that
if no contract for sale or lease was effected prior to Jan. 31, 1957,
then the smelter and other assets be reported as excess property for
transfer and disposal in accordance with the provisions of the Federal
Property and Administrative Services Act of 1949.
of Functions, Etc.
Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948,
ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug.
21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I,
103, 67 Stat. 230; June 22, 1956, ch. 426, 5(a), 70 Stat. 329,
declared tin to be a highly strategic and critical material in short
supply, directed that it was in the public interest that Congress make a
thorough investigation on the advisability of the maintenance of a
permanent tin-smelting industry and study the availability of adequate
tin supplies, provided that the powers, functions, duties, and authority
of the United States exercised by the Reconstruction Finance Corporation
to buy, sell, and transport tin, and tin ore and concentrates, to
improve, develop, maintain, and operate by lease or otherwise the
Government-owned tin smelter at Texas City, Texas, to finance research
in tin smelting and processing, and to do all other things necessary to
the accomplishment of the foregoing continue in effect until Jan. 31,
1957, or until such earlier time as the Congress shall otherwise
provide, and be exercised and performed by such officer, agency, or
instrumentality of the United States as the President may designate,
authorized diversification of tin-recovery facilities in the United
States, and required the Reconstruction Finance Corporation to report to
Congress on its activities not later than Dec. 31, 1947, and at the end
of each six months thereafter.
Dissolution of Reconstruction Finance Corporation and
Federal Facilities Corporation
Ex. Ord. No. 10539, eff. June 22, 1954, 19 F.R. 3827, designated the
Federal Facilities Corporation to perform and exercise the functions
formerly performed and exercised by the Reconstruction Finance
Corporation under act June 28, 1947, set out as a note above. The
Reconstruction Finance Corporation, which was created by the
Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47
Stat. 5, was subsequently abolished by section 6(a) of Reorg. Plan No.
1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in
the Appendix to Title 5, Government Organization and Employees. The
Federal Facilities Corporation was, in turn, dissolved by Pub. L.
87-190, 6, Aug. 30, 1961, 75 Stat. 419, effective Sept. 30, 1961, set
out as a note under sections 1921 to 1929 of the Appendix to this title.
Cancellation of obligation of General Services Administration to
Federal Facilities Corporation existing by virtue of section 5(b) of act
June 22, 1956, set out as a note above, see section 4(b) of Pub. L.
87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note under sections
1921 to 1929 of the Appendix to this title.
50 USC 98e. Stockpile management
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Presidential powers
The President shall --
(1) acquire the materials determined under section 98b(a) of this
title to be strategic and critical materials;
(2) provide for the proper storage, security, and maintenance of
materials in the stockpile;
(3) provide for the upgrading, refining, or processing of any
material in the stockpile (notwithstanding any intermediate stockpile
quantity established for such material) when necessary to convert such
material into a form more suitable for storage, subsequent disposition,
and immediate use in a national emergency;
(4) provide for the rotation of any material in the stockpile when
necessary to prevent deterioration of such material by replacement of
such material with an equivalent quantity of substantially the same
material or better material;
(5) subject to the notification required by subsection (d)(2) of this
section, provide for the timely disposal of materials in the stockpile
that (A) are excess to stockpile requirements, and (B) may cause a loss
to the Government if allowed to deteriorate; and
(6) subject to the provisions of section 98d(b) of this title,
dispose of materials in the stockpile the disposal of which is
specifically authorized by law.
(b) Federal procurement practices
Except as provided in subsections (c) and (d) of this section,
acquisition of strategic and critical materials under this subchapter
shall be made in accordance with established Federal procurement
practices, and, except as provided in subsections (c) and (d) of this
section and in section 98f(a) of this title, disposal of materials from
the stockpile shall be made by formal advertising or competitive
negotiation procedures. To the maximum extent feasible --
(1) competitive procedures shall be used in the acquisition and
disposal of such materials; and
(2) efforts shall be made in the acquisition and disposal of such
materials to avoid undue disruption of the usual markets of producers,
processors, and consumers of such materials and to protect the United
States against avoidable loss.
(c) Barter; use of stockpile materials as payment for expenses of
acquiring, refining, processing, or rotating materials
(1) The President shall encourage the use of barter in the
acquisition under subsection (a)(1) of this section of strategic and
critical materials for, and the disposal under subsection (a)(5) or
(a)(6) of this section of materials from, the stockpile when acquisition
or disposal by barter is authorized by law and is practical and in the
best interest of the United States.
(2) Materials in the stockpile (the disposition of which is
authorized by paragraph (3) to finance the upgrading, refining, or
processing of a material in the stockpile, or is otherwise authorized by
law) shall be available for transfer at fair market value as payment for
expenses (including transportation and other incidental expenses) of
acquisition of materials, or of upgrading, refining, processing, or
rotating materials, under this subchapter.
(3) Notwithstanding section 98b(c) of this title or any other
provision of law, whenever the President provides under subsection (a)(
3) of this section for the upgrading, refining, or processing of a
material in the stockpile to convert that material into a form more
suitable for storage, subsequent disposition, and immediate use in a
national emergency, the President may barter a portion of the same
material (or any other material in the stockpile that is authorized for
disposal) to finance that upgrading, refining, or processing.
(4) To the extent otherwise authorized by law, property owned by the
United States may be bartered for materials needed for the stockpile.
(d) Waiver; notification of proposed disposal of materials
(1) The President may waive the applicability of any provision of the
first sentence of subsection (b) of this section to any acquisition of
material for, or disposal of material from, the stockpile. Whenever the
President waives any such provision with respect to any such acquisition
or disposal, or whenever the President determines that the application
of paragraph (1) or (2) of such subsection to a particular acquisition
or disposal is not feasible, the President shall notify the Committees
on Armed Services of the Senate and House of Representatives in writing
of the proposed acquisition or disposal at least thirty days before any
obligation of the United States is incurred in connection with such
acquisition or disposal and shall include in such notification the
reasons for not complying with any provision of such subsection.
(2) Materials in the stockpile may be disposed of under subsection
(a)(5) of this section only if the Committees on Armed Services of the
Senate and House of Representatives are notified in writing of the
proposed disposal at least thirty days before any obligation of the
United States is incurred in connection with such disposal.
(e) Leasehold interests in property
The President may acquire leasehold interests in property, for
periods not in excess of twenty years, for storage, security, and
maintenance of materials in the stockpile.
(June 7, 1939, ch. 190, 6, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 321; amended Aug. 13, 1981, Pub. L. 97-35, title II, 203(
c), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II,
3207(b), 100 Stat. 4069; Nov. 29, 1989, Pub. L. 101-189, div. C, title
XXXIII, 3314, 103 Stat. 1688; Nov. 5, 1990, Pub. L. 101-510, div. C,
title XXXIII, 3301(a), (b), 104 Stat. 1844; Dec. 5, 1991, Pub. L.
102-190, div. C, title XXXIII, 3312, 105 Stat. 1584.)
A prior section 98e, acts June 7, 1939, ch. 190, 6, 53 Stat. 812;
May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590, 60
Stat. 598; Ex. Ord. No. 9809, eff. Dec. 12, 1946, 11 F.R. 14281; Ex.
Ord. No. 9841, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1949, ch.
288, title I, 105, 63 Stat. 381; 1953 Reorg. Plan No. 3, 2(b), eff.
June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, 2,
eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub.
L. 90-608, 402, 82 Stat. 1194; Ex. Ord. No. 11725, 3, eff. June 29,
1973, 38 F.R. 17175, which related to transfer of surplus materials to
stock piles, was repealed by section 2(a) of Pub. L. 96-41. See section
98c(b) of this title.
Provisions similar to those comprising this section were contained in
former section 98b of this title prior to repeal of that section by Pub.
L. 96-41.
1991 -- Subsec. (a)(4). Pub. L. 102-190 inserted before semicolon
''or better material''.
1990 -- Subsec. (a)(3). Pub. L. 101-510, 3301(b)(1), substituted
''upgrading, refining,'' for ''refining'', inserted ''(notwithstanding
any intermediate stockpile quantity established for such material)''
after ''stockpile'', and substituted ''storage, subsequent disposition,
and immediate use in a national emergency'' for ''storage and subsequent
disposition''.
Subsec. (c)(1). Pub. L. 101-510, 3301(b)(2), inserted ''under
subsection (a)(1) of this section'' after ''the acquisition'' and
''under subsection (a)(5) or (a)(6) of this section'' after ''the
disposal''.
Subsec. (c)(2). Pub. L. 101-510, 3301(b)(3), substituted ''(the
disposition of which is authorized by paragraph (3) to finance the
upgrading, refining, or processing of a material in the stockpile, or is
otherwise authorized by law)'' for '', the disposition of which is
authorized by law,'' and ''of upgrading, refining'' for ''of refining''.
Subsec. (c)(3), (4). Pub. L. 101-510, 3301(a), added par. (3) and
redesignated former par. (3) as (4).
1989 -- Subsec. (b). Pub. L. 101-189, 3314(1), inserted ''and'' at
end of par. (1), substituted a period for ''; and'' at end of par.
(2), and struck out par. (3) which read as follows: ''disposal of such
materials shall be made for domestic consumption.''
Subsec. (d)(1). Pub. L. 101-189, 3314(2), substituted ''paragraph (1)
or (2)'' for ''paragraph (1), (2), or (3)''.
1986 -- Subsec. (a)(3). Pub. L. 99-661 substituted ''a form more''
for ''the form most''.
1981 -- Subsec. (a)(6). Pub. L. 97-35 inserted reference to section
98d(b) of this title.
Functions of President under this section delegated to Secretary of
Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R.
6114, set out under section 98 of this title.
Pub. L. 102-172, title VIII, 8094, Nov. 26, 1991, 105 Stat. 1196,
provided that: ''Using funds available in the National Defense
Stockpile Transaction Fund, during the period of fiscal years 1992
through 1994 and using procedures covered by section 3301 of the
National Defense Authorization Act, 1991 (Public Law 101-510; 104 Stat.
1844-45) (amending this section and section 98h of this title), the
President may acquire 50,000 kilograms of germanium to be held in the
National Defense Stockpile.''
Pub. L. 101-511, title VIII, 8095, Nov. 5, 1990, 104 Stat. 1896,
which directed President, using funds available in National Defense
Stockpile Transaction Fund, to acquire over a period of ten years from
current domestic sources not less than thirty-six million pounds of
depleted uranium to be held in National Defense Stockpile, was repealed
by Pub. L. 102-172, title VIII, 8027A, Nov. 26, 1991, 105 Stat. 1177.
50 USC 98e-1. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act June 7, 1939, ch. 190, 6A, as added Nov. 14, 1986,
Pub. L. 99-661, div. C, title II, 3202(a), 100 Stat. 4067; amended
Dec. 4, 1987, Pub. L. 100-180, div. C, title II, 3203(a), 101 Stat.
1246, which related to National Defense Stockpile Manager, was
transferred to section 98h-7 of this title.
50 USC 98f. Special Presidential disposal authority
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Materials in the stockpile may be released for use, sale, or
other disposition --
(1) on the order of the President, at any time the President
determines the release of such materials is required for purposes of the
national defense; and
(2) in time of war declared by the Congress or during a national
emergency, on the order of any officer or employee of the United States
designated by the President to have authority to issue disposal orders
under this subsection, if such officer or employee determines that the
release of such materials is required for purposes of the national
defense.
(b) Any order issued under subsection (a) of this section shall be
promptly reported by the President, or by the officer or employee
issuing such order, in writing, to the Committees on Armed Services of
the Senate and House of Representatives.
(June 7, 1939, ch. 190, 7, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 322.)
A prior section 98f, acts June 7, 1939, ch. 190, 7, 53 Stat. 812;
July 23, 1946, ch. 590, 60 Stat. 599, which related to investigations
of domestic ores, minerals, and agriculture resources for purposes of
development, etc., was repealed by section 2(a) of Pub. L. 96-41.
Provisions similar to those comprising this section were contained in
former section 98d of this title prior to repeal of that section by Pub.
L. 96-41.
50 USC 98g. Materials development and research
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Development, mining, preparation, treatment, and utilization of
ores and other mineral substances
(1) The President shall make scientific, technologic, and economic
investigations concerning the development, mining, preparation,
treatment, and utilization of ores and other mineral substances that (A)
are found in the United States, or in its territories or possessions,
(B) are essential to the national defense, industrial, and essential
civilian needs of the United States, and (C) are found in known domestic
sources in inadequate quantities or grades.
(2) Such investigations shall be carried out in order to --
(A) determine and develop new domestic sources of supply of such ores
and mineral substances;
(B) devise new methods for the treatment and utilization of lower
grade reserves of such ores and mineral substances; and
(C) develop substitutes for such essential ores and mineral products.
(3) Investigations under paragraph (1) may be carried out on public
lands and, with the consent of the owner, on privately owned lands for
the purpose of exploring and determining the extent and quality of
deposits of such minerals, the most suitable methods of mining and
beneficiating such minerals, and the cost at which the minerals or
metals may be produced.
(b) Development of sources of supplies of agricultural materials;
use of agricultural commodities for manufacture of materials
The President shall make scientific, technologic, and economic
investigations of the feasibility of developing domestic sources of
supplies of any agricultural material or for using agricultural
commodities for the manufacture of any material determined pursuant to
section 98b(a) of this title to be a strategic and critical material or
substitutes therefor.
(c) Development of sources of supply of other materials; development
or use of alternative methods for refining or processing materials in
stockpile
The President shall make scientific, technologic, and economic
investigations concerning the feasibility of --
(1) developing domestic sources of supply of materials (other than
materials referred to in subsections (a) and (b) of this section)
determined pursuant to section 98b(a) of this title to be strategic and
critical materials; and
(2) developing or using alternative methods for the refining or
processing of a material in the stockpile so as to convert such material
into a form more suitable for use during an emergency or for storage.
(d) Grants and contracts to encourage conservation of strategic and
critical materials
The President shall encourage the conservation of domestic sources of
any material determined pursuant to section 98b(a) of this title to be a
strategic and critical material by making grants or awarding contracts
for research regarding the development of --
(1) substitutes for such material; or
(2) more efficient methods of production or use of such material.
(June 7, 1939, ch. 190, 8, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 322; amended Nov. 29, 1989, Pub. L. 101-189, div. C, title
XXXIII, 3311, 103 Stat. 1686.)
A prior section 98g, act June 7, 1939, ch. 190, 8, as added July 23,
1946, ch. 590, 60 Stat. 600, and amended 1953 Reorg. Plan No. 3,
2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg.
Plan No. 1, 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct.
21, 1968, Pub. L. 90-608, 402, 82 Stat. 1194; Ex. Ord. No. 11725, 3,
eff. June 29, 1973, 38 F.R. 17175, which authorized appropriations for
procurement, transportation, maintenance, rotation, storage, and
refining or processing of materials acquired under this subchapter, was
repealed by section 2(a) of Pub. L. 96-41. See section 98d(c) of this
title.
Provisions similar to those comprising this section were contained in
former section 98f of this title prior to repeal of that section by Pub.
L. 96-41.
1989 -- Subsecs. (c), (d). Pub. L. 101-189 added subsecs. (c) and
(d).
Functions of President under subsec. (a) of this section delegated
to Secretary of the Interior and functions of President under subsec.
(b) of this section delegated to Secretary of Agriculture by section 1
of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under
section 98 of this title.
50 USC 98h. National Defense Stockpile Transaction Fund
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Establishment
There is established in the Treasury of the United States a separate
fund to be known as the National Defense Stockpile Transaction Fund
(hereinafter in this section referred to as the ''fund'').
(b) Fund operations
(1) All moneys received from the sale of materials in the stockpile
under paragraphs (5) and (6) of section 98e(a) of this title shall be
covered into the fund.
(2) Subject to section 98d(a)(1) of this title, moneys covered into
the fund under paragraph (1) are hereby made available (subject to such
limitations as may be provided in appropriation Acts) for the following
purposes:
(A) The acquisition of strategic and critical materials under section
98e(a)(1) of this title.
(B) Transportation, storage, and other incidental expenses related to
such acquisition.
(C) Development of current specifications of stockpile materials and
the upgrading of existing stockpile materials to meet current
specifications (including transportation, when economical, related to
such upgrading).
(D) Testing and quality studies of stockpile materials.
(E) Studying future material and mobilization requirements for the
stockpile.
(F) Activities authorized under section 98h-6 of this title.
(G) Contracting under competitive procedures for materials
development and research to --
(i) improve the quality and availability of materials stockpiled from
time to time in the stockpile; and
(ii) develop new materials for the stockpile.
(3) Moneys in the fund shall remain available until expended.
(c) Moneys received from sale of materials being rotated or disposed
of
All moneys received from the sale of materials being rotated under
the provisions of section 98e(a)(4) of this title or disposed of under
section 98f(a) of this title shall be covered into the fund and shall be
available only for the acquisition of replacement materials.
(d) Effect of bartering
If, during a fiscal year, the National Defense Stockpile Manager
barters materials in the stockpile for the purpose of acquiring,
upgrading, refining, or processing other materials (or for services
directly related to that purpose), the contract value of the materials
so bartered shall --
(1) be applied toward the total value of materials that are
authorized to be disposed of from the stockpile during that fiscal year;
(2) be treated as an acquisition for purposes of satisfying any
requirement imposed on the National Defense Stockpile Manager to enter
into obligations during that fiscal year under subsection (b)(2) of this
section; and
(3) not increase or decrease the balance in the fund.
(June 7, 1939, ch. 190, 9, as added July 30, 1979, Pub. L. 96-41, 2(
a), 93 Stat. 323; amended Aug. 13, 1981, Pub. L. 97-35, title II, 203(
d), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II,
3203(a), 100 Stat. 4067; Dec. 4, 1987, Pub. L. 100-180, div. C, title
II, 3204, 101 Stat. 1247; Nov. 29, 1989, Pub. L. 101-189, div. C, title
XXXIII, 3312(b), 103 Stat. 1688; Nov. 5, 1990, Pub. L. 101-510, div. C,
title XXXIII, 3301(c), 104 Stat. 1845; Dec. 5, 1991, Pub. L. 102-190,
div. C, title XXXIII, 3311(a), 105 Stat. 1584.)
A prior section 98h, act June 7, 1939, ch. 190, 9, as added July 23,
1946, ch. 590, 60 Stat. 600, which related to disposition of receipts,
was repealed by section 2(a) of Pub. L. 96-41. See section 98h(b)(1) of
this title.
1991 -- Subsec. (b)(2)(G). Pub. L. 102-190 added subpar. (G).
1990 -- Subsec. (d). Pub. L. 101-510 added subsec. (d).
1989 -- Subsec. (b)(2)(F). Pub. L. 101-189 added subpar. (F).
1987 -- Subsec. (b)(2)(F). Pub. L. 100-180 struck out subpar. (F)
which related to other reasonable requirements for management of
stockpile.
1986 -- Subsec. (b)(1). Pub. L. 99-661, 3203(a)(1), struck out
''Such moneys shall remain in the fund until appropriated.'' after
''covered into the fund.''
Subsec. (b)(2), (3). Pub. L. 99-661, 3203(a)(2), added pars. (2) and
(3) and struck out former pars. (2) and (3) which read as follows:
''(2) Moneys covered into the fund under paragraph (1) shall be
available, when appropriated therefor, only for the acquisition of
strategic and critical materials under section 98e(a)(1) of this title
(and for transportation related to such acquisition).
''(3) Moneys in the fund, when appropriated, shall remain available
until expended, unless otherwise provided in appropriation Acts.''
1981 -- Subsec. (b). Pub. L. 97-35 in par. (1) struck out
provisions relating to moneys remaining in the fund at the end of the
third fiscal year following the fiscal year in which received, and in
par. (3) substituted provisions respecting funds remaining available
until expended, for provisions relating to funds remaining available for
a period of five fiscal years.
Pub. L. 100-440, title V, 518, Sept. 22, 1988, 102 Stat. 1748,
provided that: ''No later than October 1, 1989, the Administrator of
General Services, or any Federal officer assuming the Administrator's
responsibilities with respect to management of the stockpile, shall use
all funds authorized and appropriated before January 1, 1985 from the
National Defense Stockpile Transaction Fund to evaluate, test, relocate,
upgrade or purchase stockpile materials to meet National Defense
Stockpile goals and specifications in effect on October 1, 1984.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 100-202, 101(m) (title V, 519), Dec. 22, 1987, 101 Stat.
1329-390, 1329-417.
Pub. L. 99-500, 101(m) (title V, 520), Oct. 18, 1986, 100 Stat.
1783-308, 1783-326, and Pub. L. 99-591, 101(m) (title V, 520), Oct.
30, 1986, 100 Stat. 3341-308, 3341-326.
Pub. L. 98-525, title IX, 905, Oct. 19, 1984, 98 Stat. 2574, as
amended by Pub. L. 99-145, title XVI, 1611(a), Nov. 8, 1985, 99 Stat.
776, provided that: ''There shall be deposited into the National
Defense Stockpile Transaction Fund established under section 9 of the
Act (50 U.S.C. 98h) 30 percent of all money accruing to the United
States during fiscal years 1985 and 1986 from lands in the naval
petroleum and oil shale reserves (less amounts spent for exploration,
development and operation of those reserves and related expenses during
that period). Moneys deposited into the Fund under this subsection
shall be deemed to have been covered into the Fund under section 9(b) of
the Act.''
50 USC 98h-1. Advisory committees
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) The President may appoint advisory committees composed of
individuals with expertise relating to materials in the stockpile or
with expertise in stockpile management to advise the President with
respect to the acquisition, transportation, processing, refining,
storage, security, maintenance, rotation, and disposal of such materials
under this subchapter.
(b) Each member of an advisory committee established under subsection
(a) of this section while serving on the business of the advisory
committee away from such member's home or regular place of business
shall be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5 for persons
intermittently employed in the Government service.
(June 7, 1939, ch. 190, 10, as added July 30, 1979, Pub. L. 96-41,
2(a), 93 Stat. 323.)
A prior section 10 of act June 7, 1939, ch. 190, 10, was renumbered
section 13 and is classified to section 98h-4 of this title.
Provisions similar to those comprising this section were contained in
former section 98a(b) of this title prior to repeal of that section by
Pub. L. 96-41.
Functions of President under this section delegated to Secretary of
Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R.
6114, set out under section 98 of this title.
Advisory committees established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a committee established by
the President or an officer of the Federal Government, such committee is
renewed by appropriate action prior to the expiration of such 2-year
period, or in the case of a committee established by the Congress, its
duration is otherwise provided for by law. See section 14 of Pub. L.
92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title
5, Government Organization and Employees.
50 USC 98h-2. Reports to Congress
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Not later than January 15 of each year, the President shall
submit to the Congress an annual written report detailing operations
under this subchapter. Each such report shall include --
(1) information with respect to foreign and domestic purchases of
materials during the preceding fiscal year;
(2) information with respect to the acquisition and disposal of
materials under this subchapter by barter, as provided for in section
98e(c) of this title, during such fiscal year;
(3) information with respect to the activities by the Stockpile
Manager to encourage the conservation, substitution, and development of
strategic and critical materials within the United States;
(4) information with respect to the research and development
activities conducted under sections 98a and 98g of this title;
(5) a statement and explanation of the financial status of the
National Defense Stockpile Transaction Fund and the anticipated
appropriations to be made to the fund, and obligations to be made from
the fund, during the current fiscal year; and
(6) such other pertinent information on the administration of this
subchapter as will enable the Congress to evaluate the effectiveness of
the program provided for under this subchapter and to determine the need
for additional legislation.
(b)(1) Not later than February 15 of each year, the President shall
submit to the appropriate committees of the Congress a report containing
an annual materials plan for the operation of the stockpile during the
next fiscal year and the succeeding four fiscal years.
(2) Each such report shall include details of all planned
expenditures from the National Defense Stockpile Transaction Fund during
such period (including expenditures to be made from appropriations from
the general fund of the Treasury) and of anticipated receipts from
proposed disposals of stockpile materials during such period. Each such
report shall also contain details regarding the materials development
and research projects to be conducted under section 98h(b)(2)(G) of this
title during the fiscal years covered by the report. With respect to
each development and research project, the report shall specify the
amount planned to be expended from the fund, the material intended to be
developed, the potential military or defense industrial applications for
that material, and the development and research methodologies to be
used.
(3) Any proposed expenditure or disposal detailed in the annual
materials plan for any such fiscal year, and any expenditure or disposal
proposed in connection with any transaction submitted for such fiscal
year to the appropriate committees of Congress pursuant to section
98d(a)(2) of this title, that is not obligated or executed in that
fiscal year may not be obligated or executed until such proposed
expenditure or disposal is resubmitted in a subsequent annual materials
plan or is resubmitted to the appropriate committees of Congress in
accordance with section 98d(a)(2) of this title, as appropriate.
(June 7, 1939, ch. 190, 11, as added July 30, 1979, Pub. L. 96-41,
2(a), 93 Stat. 324; amended Aug. 13, 1981, Pub. L. 97-35, title II,
203(e), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II,
3207(a)(3), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C,
title II, 3205, 101 Stat. 1247; Sept. 29, 1988, Pub. L. 100-456, div.
A, title XV, 1503, 102 Stat. 2086; Nov. 29, 1989, Pub. L. 101-189, div.
C, title XXXIII, 3315, 103 Stat. 1688; Dec. 5, 1991, Pub. L. 102-190,
div. C, title XXXIII, 3311(b), 3313(a), 105 Stat. 1584.)
A prior section 11 of act June 7, 1939, ch. 190, formerly 10, as
added July 23, 1946, ch. 590, 60 Stat. 596, and renumbered Pub. L.
92-156, title V, 503(1), Nov. 17, 1971, 85 Stat. 427, which was set
out as a Short Title note under section 98 of this title, was repealed
by section 2(b)(2) of Pub. L. 96-41.
Provisions similar to those comprising this section were contained in
former section 98c of this title prior to repeal of that section by Pub.
L. 96-41.
1991 -- Subsec. (a). Pub. L. 102-190, 3313(a)(1), substituted ''Not
later than January 15 of each year, the President'' for ''The
President'' and ''an annual'' for ''every six months a''.
Subsec. (a)(1). Pub. L. 102-190, 3313(a)(2), which directed the
substitution of ''fiscal year'' for ''6-month period'', was executed by
making the substitution for ''six-month period'' to reflect the probable
intent of Congress.
Subsec. (a)(2). Pub. L. 102-190, 3313(a)(3), substituted ''fiscal
year'' for ''period''.
Subsec. (a)(5). Pub. L. 102-190, 3313(a)(4), substituted ''current
fiscal year'' for ''next fiscal year''.
Subsec. (b)(1). Pub. L. 102-190, 3311(b)(1), designated first
sentence of subsec. (b) relating to submission of report as par. (1).
Subsec. (b)(2). Pub. L. 102-190, 3311(b), designated second sentence
of subsec. (b) relating to contents of report as par. (2) and inserted
at end ''Each such report shall also contain details regarding the
materials development and research projects to be conducted under
section 98h(b)(2)(G) of this title during the fiscal years covered by
the report. With respect to each development and research project, the
report shall specify the amount planned to be expended from the fund,
the material intended to be developed, the potential military or defense
industrial applications for that material, and the development and
research methodologies to be used.''
Subsec. (b)(3). Pub. L. 102-190, 3311(b)(1), designated third
sentence of subsec. (b) relating to resubmission of proposed
expenditures and disposals not obligated or executed as par. (3).
1989 -- Subsec. (a)(5). Pub. L. 101-189 substituted ''made to the
fund, and obligations to be made from the fund,'' for ''made from the
fund''.
1988 -- Subsec. (a)(3) to (6). Pub. L. 100-456, 1503(a), added
pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and
(6), respectively.
Subsec. (b). Pub. L. 100-456, 1503(b), substituted ''the next fiscal
year'' for ''such fiscal year'' and ''all planned expenditures from the
National Defense Stockpile Transaction Fund'' for ''planned expenditures
for acquisition of strategic and critical materials'' and inserted at
end ''Any proposed expenditure or disposal detailed in the annual
materials plan for any such fiscal year, and any expenditure or disposal
proposed in connection with any transaction submitted for such fiscal
year to the appropriate committees of Congress pursuant to section
98d(a)(2) of this title, that is not obligated or executed in that
fiscal year may not be obligated or executed until such proposed
expenditure or disposal is resubmitted in a subsequent annual materials
plan or is resubmitted to the appropriate committees of Congress in
accordance with section 98d(a)(2) of this title, as appropriate.''
1987 -- Subsec. (b). Pub. L. 100-180 substituted ''Not later than
February 15 of each year, the President'' for ''The President'' and
struck out ''each year, at the time that the Budget is submitted to
Congress pursuant to section 1105 of title 31 for the next fiscal
year,'' after ''Congress''.
1986 -- Subsec. (b). Pub. L. 99-661 substituted ''each year, at the
time that the Budget is submitted to Congress pursuant to section 1105
of title 31 for the next fiscal year,'' for each year with the Budget
submitted to Congress pursuant to section 201a of the Budget and
Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal year''.
1981 -- Pub. L. 97-35 designated existing provisions as subsec. (a)
and added subsec. (b).
Functions of President under this section delegated to Secretary of
Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R.
6114, set out under section 98 of this title.
50 USC 98h-3. Definitions
TITLE 50 -- WAR AND NATIONAL DEFENSE
For the purposes of this subchapter:
(1) The term ''strategic and critical materials'' means materials
that (A) would be needed to supply the military, industrial, and
essential civilian needs of the United States during a national
emergency, and (B) are not found or produced in the United States in
sufficient quantities to meet such need.
(2) The term ''national emergency'' means a general declaration of
emergency with respect to the national defense made by the President or
by the Congress.
(June 7, 1939, ch. 190, 12, as added July 30, 1979, Pub. L. 96-41,
2(a), 93 Stat. 324.)
50 USC 98h-4. Importation of strategic and critical materials
TITLE 50 -- WAR AND NATIONAL DEFENSE
The President may not prohibit or regulate the importation into the
United States of any material determined to be strategic and critical
pursuant to the provisions of this subchapter, if such material is the
product of any foreign country or area not listed as a
Communist-dominated country or area in general note 3(b) of the
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for so
long as the importation into the United States of material of that kind
which is the product of such Communist-dominated countries or areas is
not prohibited by any provision of law.
(June 7, 1939, ch. 190, 13, formerly 10, as added Nov. 17, 1971, Pub.
L. 92-156, title V, 503(2), 85 Stat. 427; renumbered 10, July 30, 1979,
Pub. L. 96-41, 2(b)(1), 93 Stat. 324; amended Dec. 4, 1987, Pub. L.
100-180, div. C, title II, 3206(b), (c), 101 Stat. 1247; Aug. 23, 1988,
Pub. L. 100-418, title I, 1214(o), 102 Stat. 1159.)
The Harmonized Tariff Schedule of the United States, referred to in
text, is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of Title 19, Customs Duties.
Section was formerly classified to section 98h-1 of this title.
1988 -- Pub. L. 100-418 substituted ''general note 3(b) of the
Harmonized Tariff Schedule of the United States'' for ''general headnote
3(d) of the Tariff Schedules of the United States''.
1987 -- Pub. L. 100-180 inserted section catchline and, in text,
substituted ''The President'' for ''Notwithstanding any other provision
of law, on and after January 1, 1972, the President''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of Title 19, Customs Duties.
50 USC 98h-5. Biennial report on stockpile requirements
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) In general
Not later than January 15 of every other year, the Secretary of
Defense shall submit to Congress a report on stockpile requirements.
Each such report shall include --
(1) the Secretary's recommendations with respect to stockpile
requirements; and
(2) the matters required under subsection (b) of this section.
(b) Contents
Each report under this section shall set forth the national emergency
planning assumptions used in determining the stockpile requirements
recommended by the Secretary, based upon total mobilization of the
economy of the United States for a sustained conventional global war for
a period of not less than three years. Assumptions to be set forth
include assumptions relating to each of the following:
(1) Length and intensity of the assumed emergency.
(2) The military force structure to be mobilized.
(3) Losses from enemy action.
(4) Military, industrial, and essential civilian requirements to
support the national emergency.
(5) Budget authority necessary to meet the requirements of total
mobilization for the military, industrial, and essential civilian
sectors.
(6) The availability of supplies of strategic and critical materials
from foreign sources, taking into consideration possible shipping
losses.
(7) Domestic production of strategic and critical materials.
(8) Civilian austerity measures.
(c) Plans of President
The President shall submit with each report under this section a
statement of the plans of the President for meeting the recommendations
of the Secretary set forth in the report.
(June 7, 1939, ch. 190, 14, as added Dec. 4, 1987, Pub. L. 100-180,
div. C, title II, 3202(c), 101 Stat. 1246, Dec. 5, 1991, Pub. L.
102-190, div. C, title XXXIII, 3313(b)(1), (2), 105 Stat. 1585.)
1991 -- Pub. L. 102-190, 3313(b)(2), substituted ''Biennial'' for
''Annual'' in section catchline.
Subsec. (a). Pub. L. 102-190, 3313(b)(1), in introductory provisions,
substituted ''Not later than January 15 of every other year, the
Secretary'' for ''The Secretary'' and ''a report'' for ''an annual
report'' and struck out ''shall be submitted with the annual report
submitted under section 98h-2(b) of this title and'' before ''shall
include''.
Section 3313(b)(3) of Pub. L. 102-190 provided that: ''The first
report required by section 14(a) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-5(a)), as amended by paragraph (1) shall
be submitted not later than January 15, 1993.''
50 USC 98h-6. Development of domestic sources
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Purchase of materials of domestic origin; processing of
materials in domestic facilities
Subject to subsection (c) of this section and to the extent the
President determines such action is required for the national defense,
the President shall encourage the development of domestic sources for
materials determined pursuant to section 98b(a) of this title to be
strategic and critical materials --
(1) by purchasing, or making a commitment to purchase, strategic and
critical materials of domestic origin when such materials are needed for
the stockpile; and
(2) by contracting with domestic facilities, or making a commitment
to contract with domestic facilities, for the processing or refining of
strategic and critical materials in the stockpile when processing or
refining is necessary to convert such materials into a form more
suitable for storage and subsequent disposition.
(b) Terms and conditions of contracts and commitments
A contract or commitment made under subsection (a) of this section
may not exceed five years from the date of the contract or commitment.
Such purchases and commitments to purchase may be made for such
quantities and on such terms and conditions, including advance payments,
as the President considers to be necessary.
(c) Proposed transactions included in annual materials plan;
availability of funds
(1) Descriptions of proposed transactions under subsection (a) of
this section shall be included in the appropriate annual materials plan
submitted to Congress under section 98h-2(b) of this title. Changes to
any such transaction, or the addition of a transaction not included in
such plan, shall be made in the manner provided by section 98d(a)(2) of
this title.
(2) The authority of the President to enter into obligations under
this section is effective for any fiscal year only to the extent that
funds in the National Defense Stockpile Transaction Fund are adequate to
meet such obligations. Payments required to be as a result of
obligations incurred under this section shall be made from amounts in
the fund.
(d) Transportation and incidental expenses
The authority of the President under subsection (a) of this section
includes the authority to pay --
(1) the expenses of transporting materials; and
(2) other incidental expenses related to carrying out such
subsection.
(e) Reports
The President shall include in the reports required under section
98h-2(a) of this title information with respect to activities conducted
under this section.
(June 7, 1939, ch. 190, 15, as added Nov. 29, 1989, Pub. L. 101-189,
div. C, title XXXIII, 3312(a), 103 Stat. 1687.)
50 USC 98h-7. National Defense Stockpile Manager
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Appointment
The President shall designate a single Federal office to have
responsibility for performing the functions of the President under this
subchapter, other than under sections 98f and 98h-4 of this title. The
office designated shall be one to which appointment is made by the
President, by and with the advice and consent of the Senate.
(b) Title of designated officer
The individual holding the office designated by the President under
subsection (a) of this section shall be known for purposes of functions
under this subchapter as the ''National Defense Stockpile Manager''.
(c) Delegation of functions
The President may delegate functions of the President under this
subchapter (other than under sections 98f and 98h-4 of this title) only
to the National Defense Stockpile Manager. Any such delegation made by
the President shall remain in effect until specifically revoked by law
or Executive order. The President may not delegate functions of the
President under sections 98f and 98h-4 of this title.
(June 7, 1939, ch. 190, 16, formerly 6A, as added Nov. 14, 1986, Pub.
L. 99-661, div. C, title II, 3202(a), 100 Stat. 4067; amended Dec. 4,
1987, Pub. L. 100-180, div. C, title II, 3203(a), 101 Stat. 1246;
renumbered 16 and amended Nov. 29, 1989, Pub. L. 101-189, div. C, title
XXXIII, 3313, 103 Stat. 1688; Dec. 5, 1991, Pub. L. 102-190, div. C,
title XXXIII, 3314, 105 Stat. 1585.)
Section was classified to section 98e-1 of this title prior to its
renumbering by Pub. L. 101-189.
1991 -- Subsec. (d). Pub. L. 102-190 struck out subsec. (d) which
read as follows: ''During any period during which there is no officer
appointed by the President, by and with the advice and consent of the
Senate, serving in the position designated by the President under
subsection (a) of this section or during which the authority of the
President under this subchapter (other than under sections 98f and 98h-4
of this title) has not been delegated to that position, no action may be
taken under section 98e(a)(6) of this title.''
1989 -- Subsec. (a). Pub. L. 101-189, 3313(b)(1), substituted
''sections 98f and 98h-4'' for ''sections 98f, 98g, and 98h-4''.
Subsec. (c). Pub. L. 101-189, 3313(b)(1), (2), substituted ''sections
98f and 98h-4'' for ''sections 98f, 98g, and 98h-4'' and inserted at end
''The President may not delegate functions of the President under
sections 98f and 98h-4 of this title.'' after ''Executive order.''
Subsec. (d). Pub. L. 101-189, 3313(b)(1), (3), substituted ''sections
98f and 98h-4'' for ''sections 98f, 98g, and 98h-4'' and ''section
98e(a)(6)'' for ''section 98e(b) or 98e(d)''.
1987 -- Pub. L. 100-180 amended section generally, revising and
restating provisions of subsecs. (a) and (b) and adding subsecs. (c)
and (d).
Section 3203(c) of Pub. L. 100-180 provided that: ''Unless
otherwise directed by the President under section 6A (renumbered 16) of
the Strategic and Critical Materials Stock Piling Act (this section), as
amended by subsection (a), the designation of a National Defense
Stockpile Manager in effect on the day before the date of the enactment
of this Act (Dec. 4, 1987) shall remain in effect until the individual
so designated ceases to hold the office held by the individual at the
time of the designation.''
The Secretary of Defense was designated National Defense Stockpile
Manager and functions of the President under this section were delegated
to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb.
25, 1988, 53 F.R. 6114, set out under section 98 of this title.
Section 3202(b) of Pub. L. 99-661 provided that: ''The President
shall designate an official as the National Defense Stockpile Manager,
as required by section 6A (renumbered 16) of the Strategic and Critical
Materials Stock Piling Act (this section) (as added by subsection (a)),
not later than February 15, 1987.''
50 USC 98i. Repealed. Pub. L. 85-861, 36A, Sept. 2, 1958, 72 Stat.
1570
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Aug. 3, 1956, ch. 939, title IV, 416, 70 Stat. 1018,
related to contracts for storage, handling, and distribution of liquid
fuels. See section 2388 of Title 10, Armed Forces.
Section was not enacted as part of the Strategic and Critical
Materials Stock Piling Act which comprises this subchapter.
50 USC 99. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act July 2, 1940, ch. 508, 6, 54 Stat. 714, was
transferred to section 701 of Appendix to this title and repealed by act
Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641.
50 USC 100. Nitrate plants
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Investigations; designation of sites; construction and
operation of dams, locks, improvements to navigation, etc.
The President of the United States may make, or cause to be made,
such investigation as in his judgment is necessary to determine the
best, cheapest, and most available means for the production of nitrates
and other products for munitions of war and useful in the manufacture of
fertilizers and other useful products by water power or any other power
as in his judgment is the best and cheapest to use; and is also
authorized to designate for the exclusive use of the United States, if
in his judgment such means is best and cheapest, such site or sites,
upon any navigable or nonnavigable river or rivers or upon the public
lands, as in his opinion will be necessary for national defense; and is
further authorized to construct, maintain, and operate, at or on any
site or sites so designated, dams, locks, improvements to navigation,
power houses, and other plants and equipment or other means than water
power as in his judgment is the best and cheapest, necessary or
convenient for the generation of electrical or other power and for the
production of nitrates or other products needed for munitions of war and
useful in the manufacture of fertilizers and other useful products.
(b) Lease, purchase, or acquisition of lands and rights of way;
purchase or acquisition of materials, minerals, and processes
The President is authorized to lease, buy, or acquire, by
condemnation, gift, grant, or devise, such lands and rights of way as
may be necessary for the construction and operation of such plants and
to take from any lands of the United States, or to buy or acquire by
condemnation materials, minerals, and processes, patented or otherwise,
necessary for the construction and operation of such plants and for the
manufacture of such products.
(c) Use of products of plants; disposal of surplus
The products of such plants shall be used by the President for
military and naval purposes to the extent that he may deem necessary,
and any surplus which he shall determine is not required shall be sold
and disposed of by him under such regulations as he may prescribe.
(d) Employment of officers, agents, or agencies
The President is authorized to employ such officers, agents, or
agencies as may in his discretion be necessary to enable him to carry
out the purposes herein specified, and to authorize and require such
officers, agents, or agencies to perform any and all of the duties
imposed upon him by the provisions hereof.
(e) Government construction and operation
The plant or plants provided for under this section shall be
constructed and operated solely by the Government and not in conjunction
with any other industry or enterprise carried on by private capital.
(Aug. 10, 1956, ch. 1041, 37, 70A Stat. 634.)
Section was not enacted as part of the Strategic and Critical
Materials Stock Piling Act which comprises this subchapter.
50 USC 100a. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, which was from the Department of Defense Appropriation Act,
1983, Pub. L. 97-377, title I, 101(c) (title VII, 712), Dec. 21, 1982,
96 Stat. 1833, 1851, prohibited use of funds available to Department of
Defense agencies for acquisition, construction, or operation of certain
scrap-processing facilities, and was not repeated in subsequent
appropriation acts.
Similar provisions were contained in the following prior
appropriation acts:
Dec. 29, 1981, Pub. L. 97-114, title VII, 712, 95 Stat. 1580.
Dec. 15, 1980, Pub. L. 96-527, title VII, 713, 94 Stat. 3082.
Dec. 21, 1979, Pub. L. 96-154, title VII, 713, 93 Stat. 1154.
Oct. 13, 1978, Pub. L. 95-457, title VIII, 813, 92 Stat. 1246.
Sept. 21, 1977, Pub. L. 95-111, title VIII, 812, 91 Stat. 901.
Sept. 22, 1976, Pub. L. 94-419, title VII, 712, 90 Stat. 1293.
Feb. 9, 1976, Pub. L. 94-212, title VII, 712, 90 Stat. 170.
Oct. 8, 1974, Pub. L. 93-437, title VIII, 812, 88 Stat. 1226.
Jan. 2, 1974, Pub. L. 93-238, title VII, 712, 87 Stat. 1040.
Oct. 26, 1972, Pub. L. 92-570, title VII, 712, 86 Stat. 1198.
Dec. 18, 1971, Pub. L. 92-204, title VII, 712, 85 Stat. 729.
Jan. 11, 1971, Pub. L. 91-668, title VIII, 812, 84 Stat. 2032.
Dec. 29, 1969, Pub. L. 91-171, title VI, 612, 83 Stat. 481.
Oct. 17, 1968, Pub. L. 90-580, title V, 511, 82 Stat. 1131.
Sept. 29, 1967, Pub. L. 90-96, title VI, 611, 81 Stat. 244.
Oct. 15, 1966, Pub. L. 89-687, title VI, 611, 80 Stat. 992.
Sept. 29, 1965, Pub. L. 89-213, title VI, 611, 79 Stat. 875.
Aug. 19, 1964, Pub. L. 88-446, title V, 511, 78 Stat. 476.
Oct. 17, 1963, Pub. L. 88-149, title V, 511, 77 Stat. 265.
Aug. 9, 1962, Pub. L. 87-577, title V, 511, 76 Stat. 329.
Aug. 17, 1961, Pub. L. 87-144, title VI, 611, 75 Stat. 377.
July 7, 1960, Pub. L. 86-601, title V, 511, 74 Stat. 351.
Aug. 18, 1959, Pub. L. 86-166, title V, 611, 73 Stat. 380.
Aug. 22, 1958, Pub. L. 85-724, title VI, 611, 72 Stat. 725.
Aug. 2, 1957, Pub. L. 85-117, title VI, 612, 71 Stat. 325.
July 2, 1956, ch. 488, title VI, 612, 70 Stat. 469.
July 13, 1955, ch. 358, title VI, 615, 69 Stat. 317.
June 30, 1954, ch. 432, title VII, 715, 68 Stat. 352.
50 USC CHAPTER 6 -- WILLFUL DESTRUCTION, ETC., OF WAR OR
NATIONAL-DEFENSE MATERIAL
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 101 to 106. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 101, acts Apr. 20, 1918, ch. 59, 1, 40 Stat. 533; Nov.
30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824, 56 Stat.
1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat.
1352, related to definition of war terms. See section 2151 of Title 18,
Crimes and Criminal Procedure.
Section 102, act Apr. 20, 1918, ch. 59, 2, 40 Stat. 534, related
to destruction or injury of war material in time of war. See section
2153 of Title 18.
Section 103, act Apr. 20, 1918, ch. 59, 3, 40 Stat. 534, related
to making or causing to be made defective war material. See section
2154 of Title 18.
Section 104, act Apr. 20, 1918, ch. 59, 4, as added Nov. 30, 1940,
ch. 926, 54 Stat. 1220, and amended Aug. 21, 1941, ch. 388, 55 Stat.
655, related to definition of national-defense terms. See section 2151
of Title 18.
Section 105, act Apr. 20, 1918, ch. 59, 5, as added Nov. 30, 1940,
ch. 926, 54 Stat. 1220, related to destruction or injury of
national-defense materials. See section 2155 of Title 18.
Section 106, act Apr. 20, 1918, ch. 59, 6, as added Nov. 30, 1940,
ch. 926, 54 Stat. 1220, related to making or causing to be made
defective national-defense material. See section 2156 of Title 18.
Repeal of sections 101 to 106 effective Sept. 1, 1948, see section
38 of act June 25, 1948, set out as an Effective Date note preceding
section 1 of Title 28, Judiciary and Judicial Procedure.
50 USC CHAPTER 7 -- INTERFERENCE WITH HOMING PIGEONS OWNED BY UNITED
STATES
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 111 to 113. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 111, act Apr. 19, 1918, ch. 58, 1, 40 Stat. 533, related
to prohibited acts affecting homing pigeons owned by United States. See
section 45 of Title 18, Crimes and Criminal Procedure.
Section 112, act Apr. 19, 1918, ch. 58, 2, 40 Stat. 533, related
to possession of pigeons as evidence of violation of law. See section
45 of Title 18.
Section 113, act Apr. 19, 1918, ch. 58, 3, 40 Stat. 533, related
to punishment. See section 45 of Title 18.
Repeal of sections 111 to 113 effective Sept. 1, 1948, see section
38 of act June 25, 1948, set out as an Effective Date note preceding
section 1 of Title 28, Judiciary and Judicial Procedure.
50 USC CHAPTER 8 -- EXPLOSIVES; MANUFACTURE, DISTRIBUTION, STORAGE,
USE, AND POSSESSION REGULATED
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 121 to 144. Repealed. Pub. L. 91-452, title XI, 1106(a), Oct.
15, 1970, 84 Stat. 960
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 121, acts Oct. 6, 1917, ch. 83, 1, 40 Stat. 385; Dec.
26, 1941, ch. 633, 2, 55 Stat. 863, defined ''explosive'',
''explosives'', ''ingredients'', ''person'', and ''Director''. See
section 841 of Title 18, Crimes and Criminal Procedure.
Section 122, acts Oct. 6, 1917, ch. 83, 2, 40 Stat. 385; Dec.
26, 1941, ch. 633, 2, 55 Stat. 864, related to unauthorized
manufacture, distribution, possession, acquisition, etc., of explosives
or ingredients. See section 842 of Title 18.
Section 123, acts Oct. 6, 1917, ch. 83, 3, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 864; Nov. 24, 1942, ch. 641, 56 Stat.
1022; Aug. 23, 1958, Pub. L. 85-726, title XIV, 1405, 72 Stat. 808;
Oct. 15, 1966, Pub. L. 89-670, 8(f), 80 Stat. 943, excepted from
provisions of this chapter purchase or possession of ingredients when
purchased or held in small quantities and not used or intended to be
used in manufacture of explosives, explosives or ingredients in transit
in conformity with applicable law, explosives manufactured under
authority of the United States for armed forces or the F.B.I., and
arsenals, etc., owned by, or operated by or on behalf of, the United
States. See section 845 of Title 18.
Section 124, acts Oct. 6, 1917, ch. 83, 4, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 864, authorized a superintendent,
foreman, or other duly authorized employee at a mine, quarry, or other
work, when licensed, to sell or issue to any employee under him such
amount of explosives or ingredients required by that employee in
performance of his duties. See section 843 of Title 18.
Section 125, acts Oct. 6, 1917, ch. 83, 2, 40 Stat. 385; Dec.
26, 1941, ch. 633, 2, 55 Stat. 863, related to applicability of
prohibitory provisions of this chapter.
Section 126, acts Oct. 6, 1917, ch. 83, 5, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 864, required licensees to keep records
of disposition of explosives or ingredients. See section 843 of Title
18.
Section 127, acts Oct. 6, 1917, ch. 83, 6, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 865, authorized issuance of licenses.
See section 843 of Title 18.
Section 128, acts Oct. 6, 1917, ch. 83, 7, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 865, set forth procedure for issuance
of licenses and fees for such licenses.
Section 129, acts Oct. 6, 1917, ch. 83, 8, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 865; Ex. Ord. No. 9287, eff. Dec.
24, 1942, 7 F.R. 10897, provided for term of license, qualifications of
applicants for licenses, and revocation of license. See section 843 of
Title 18.
Section 130, acts Oct. 6, 1917, ch. 83, 9, 40 Stat. 386; Dec.
26, 1941, ch. 633, 2, 55 Stat. 866, set forth contents of applications
for licenses. See section 843 of Title 18.
Section 131, acts Oct. 6, 1917, ch. 83, 10, 40 Stat. 387; Dec.
26, 1941, ch. 633, 2, 55 Stat. 866, required licensee or applicant to
furnish information on request of Director or his authorized
representative. See section 843 of Title 18.
Section 132, acts Oct. 6, 1917, ch. 83, 11, 40 Stat. 387; Dec.
26, 1941, ch. 633, 2, 55 Stat. 867, related to false representations
as to required license.
Section 133, acts Oct. 6, 1917, ch. 83, 12, 40 Stat. 387; Dec.
26, 1941, ch. 633, 2, 55 Stat. 867, related to markings on
manufacturing or storage premises for explosives.
Section 134, act July 1, 1918, ch. 113, 40 Stat. 671, related to
cancellation of licenses for violations of law. See section 844 of
Title 18.
Section 135, acts Oct. 6, 1917, ch. 83, 13, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 867, related to exclusion of public
from manufacturing or storage premises for explosives and discharge of
firearms, etc., on such premises.
Section 136, acts Oct. 6, 1917, ch. 83, 14, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 867, authorized investigations by
Director of explosions and fires involving explosives or ingredients of
explosives.
Section 137, acts Oct. 6, 1917, ch. 83, 15, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 867, authorized Director to exercise
authority conferred upon him by this chapter under supervision of
Secretary of the Interior and cooperation of other agencies with
Director in administration and enforcement of this chapter.
Section 138, acts Oct. 6, 1917, ch. 83, 16, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 868; Oct. 28, 1949, ch. 782, title
XI, 1106(a), 63 Stat. 972, authorized employment of personnel for
administration of this chapter.
Section 139, acts Oct. 6, 1917, ch. 83, 17, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 868, prohibited any officer, employee,
or licensing agent from divulging any information obtained in course of
his duties under this chapter.
Section 140, acts Oct. 6, 1917, ch. 83, 18, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 868, authorized Director to issue rules
and regulations. See section 847 of Title 18.
Section 141, acts Oct. 6, 1917, ch. 83, 19, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 868, set forth penalties for violations
of this chapter. See section 844 of Title 18.
Section 142, acts Oct. 6, 1917, ch. 83, 20, 40 Stat. 388; Dec.
26, 1941, ch. 633, 2, 55 Stat. 868, provided that this chapter and
regulations issued pursuant to it were to become operative only during
war or national emergency.
Section 143, act Oct. 6, 1917, ch. 83, 21, 40 Stat. 389, related
to agencies available for enforcement of provisions of this chapter.
Section 144, act July 1, 1918, ch. 113, 40 Stat. 671, subjected
platinum, iridium, and palladium and compounds thereof to provisions of
this chapter.
50 USC CHAPTER 9 -- AIRCRAFT
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 151 to 151f. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sections 151 to 151f which related to a National Advisory Committee
for Aeronautics were omitted pursuant to section 301(a) of Pub. L.
85-568, title III, July 29, 1958, 72 Stat. 432, set out as a note under
section 2472 of Title 42, The Public Health and Welfare, which
terminated the Committee and transferred all its functions, powers,
duties, and obligations to the National Aeronautics and Space
Administration. See section 2451 et seq. of Title 42.
Section 151, acts Mar. 3, 1915, ch. 83, 38 Stat. 930; Mar. 2,
1929, ch. 482, 45 Stat. 1451; June 23, 1938, ch. 601, 1107(e), 52
Stat. 1027; 1940 Reorg. Plan No. IV, 7, eff. June 30, 1940, 5 F.
R. 2421, 54 Stat. 1235; July 26, 1947, ch. 343, title II, 205(a), 61
Stat. 501; May 25, 1948, ch. 335, 1, 62 Stat. 266; Aug. 10, 1949,
ch. 412, 12(a), 63 Stat. 591; Aug. 8, 1950, ch. 645, 4, 64 Stat.
419; June 3, 1954, ch. 254, 68 Stat. 170, established National
Advisory Committee for Aeronautics, provided for its composition,
prescribed compensation of members and duties of Committee, and required
reports to Congress.
Section 151a, act Mar. 2, 1929, ch. 482, 45 Stat. 1451, was
incorporated in section 151 of this title.
Section 151b, act Aug. 8, 1950, ch. 645, 1, 64 Stat. 418, related
to functions of Committee.
Section 151c, act Aug. 8, 1950, ch. 645, 2, 64 Stat. 418, related
to transfer of supplies to Committee.
Section 151d, act Aug. 8, 1950, ch. 645, 3, 64 Stat. 418, related
to employment of aliens.
Section 151e, act Aug. 8, 1950, ch. 645, 6, 64 Stat. 419, related
to availability of appropriations.
Section 151f, act Aug. 8, 1950, ch. 645, 7, 64 Stat. 419, related
to prosecution of projects.
50 USC 152, 153. Repealed. May 25, 1948, ch. 335, 3(a), (b), 62 Stat.
267
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 152, act July 1, 1918, ch. 113, 40 Stat. 650, as amended
July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501, related to
office space for Advisory Committee.
Section 153, act Mar. 3, 1915, ch. 83, 38 Stat. 930, related to
annual reports.
50 USC 154. Repealed. Oct. 10, 1940, ch. 851, 4, 54 Stat. 1114
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, related to
purchases and services.
50 USC 155. Repealed. May 25, 1948, ch. 335, 3(c), 62 Stat. 267
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Apr. 22, 1926, ch. 171, 44 Stat. 314, related to
Langley Memorial Aeronautical Laboratory.
50 USC 156, 157. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 156, acts Apr. 18, 1940, ch. 107, 1, 54 Stat. 134; Oct.
28, 1949, ch. 782, title XI, 1106(a), 63 Stat. 972, authorized the
National Advisory Committee for Aeronautics to pay the compensation of a
retired officer of the Army or Navy performing service for the
Committee. See note set out under sections 151 to 151f of this title.
Section 157, which was from appropriation acts July 30, 1947, ch.
359, title I, 101, 61 Stat. 600; Apr. 20, 1948, ch. 219, title I,
101, 62 Stat. 188; Aug. 24, 1949, ch. 506, title I, 101, 63 Stat.
646; Sept. 6, 1950, ch. 896, ch. VIII, title I, 101, 64 Stat. 711,
was not repeated in the Independent Offices Appropriation Act, 1952, act
Aug. 31, 1951, ch. 376, 65 Stat. 268.
50 USC 158 to 159. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 158, act Aug. 1, 1947, ch. 433, 1(b), (c), as added July
13, 1949, ch. 332, 1, 63 Stat. 410, which related to professional and
scientific service on the Committee, was transferred to section 1161 of
former Title 5, Executive Departments and Government Officers and
Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
Section 158a, act Aug. 1, 1947, ch. 433, 2, 61 Stat. 715, which
related to the classification of positions and appointments, was
transferred to section 1162 of former Title 5, Executive Departments and
Government Officers and Employees, which was repealed by Pub. L.
89-554, Sept. 6, 1966, 80 Stat. 378, and reenacted as section 3104(b)
of Title 5, Government Organization and Employees.
Section 159, acts Aug. 1, 1947, ch. 433, 3, 61 Stat. 715; July
13, 1949, ch. 332, 2, 63 Stat. 411, which related to reports to
Congress and confidential information, was transferred to section 1163
of former Title 5, Executive Departments and Government Officers and
Employees, which was repealed by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378, and reenacted as section 3104(c) of Title 5, Government
Organization and Employees.
50 USC 160. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, which was from acts Aug. 24, 1949, ch. 506, title I, 101,
63 Stat. 646; Sept. 6, 1950, ch. 896, ch. VIII, title I, 101, 64
Stat. 711, and prior appropriation acts, related to employment of
aliens, and was not repeated in the Independent Offices Appropriation
Act, 1952, act Aug. 31, 1951, ch. 376, 65 Stat. 268.
50 USC 160a to 160f. Repealed. Pub. L. 85-707, 21(b)(5), July 7, 1958,
72 Stat. 337
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 160a, act Apr. 11, 1950, ch. 86, 1, 64 Stat. 43, related
to employees pursuing graduate study or research.
Section 160b, act Apr. 11, 1950, ch. 86, 2, 64 Stat. 43, related
to acceptable types of graduate study and research.
Section 160c, act Apr. 11, 1950, ch. 86, 3, 64 Stat. 43, related
to duration of leaves of absence available.
Section 160d, act Apr. 11, 1950, ch. 86, 4, 64 Stat. 43, related
to payment of tuition and expenses.
Section 160e, act Apr. 11, 1950, ch. 86, 5, 64 Stat. 43, related
to continuation of salary and leave benefits.
Section 160f, acts Apr. 11, 1950, ch. 86, 6, 64 Stat. 43; May 6,
1954, ch. 183, 68 Stat. 78; Mar. 17, 1958, Pub. L. 85-349, 72 Stat.
48, related to limitation on government expenditure.
For effective date of repeal, see section 21(a) of Pub. L. 85-507.
50 USC CHAPTER 10 -- HELIUM GAS
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
161 to 166. Omitted or Repealed.
167. Definitions.
167a. Authority of Secretary.
(a) Conserving, producing, buying and selling helium.
(b) Helium on public domain.
(c) Contract price.
167b. Production of helium; maintenance and operation of
facilities; research.
167c. Licensing.
(a) Rules and regulations.
(b) Terms; assignments; revocations.
(c) Purpose.
(d) Suspension; reacquisition of supplies.
167d. Sale of helium.
(a) Purchase by Government agencies.
(b) Sales by Secretary.
(c) Prices and determinations.
(d) Interest in price determinations.
(e) Prices of sales for medical purposes; sales to non-Federal
purchasers.
(f) Helium production fund.
167e. Intragovernmental cooperation.
167f. Condemnation proceedings.
167g. Promulgation of rules and regulations.
167h. Administrative procedure.
167i. Exclusion from Natural Gas Act provisions.
167j. Loans and obligations.
167k. Violations; penalties.
167l. Injunctions.
167m. Individual enterprise in developing helium.
167n. Reports.
50 USC 161 to 164. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Act Mar. 3, 1925, ch. 426, 43 Stat. 1110, as completely amended,
renumbered, and revised by Pub. L. 86-777, Sept. 13, 1960, 74 Stat.
918, is classified to section 167 et seq. of this title.
Section 161, acts Mar. 3, 1925, ch. 426, 1, 43 Stat. 1110; Mar.
3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat.
885, authorized Secretary of the Interior to acquire and reserve
helium-gas lands and to produce and store helium gas. See section 3 of
act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to
section 167a of this title.
Section 162, acts Feb. 12, 1925, ch. 225, title I, 43 Stat. 908;
July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501, authorized
Navy Department to acquire helium-gas lands and to produce and
experiment with helium gas.
Section 163, acts Mar. 3, 1925, ch. 426, 2, 43 Stat. 1111; Mar.
3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat.
886, authorized Bureau of Mines to produce helium gas. See section 4 of
act Mar. 3, 1925, as amended by Pub. L. 86-777, which is classified to
section 167b of this title.
Section 164, acts Mar. 3, 1925, ch. 426, 3, 43 Stat. 1111; Mar.
3, 1927, ch. 355, 44 Stat. 1387; Sept. 1, 1937, ch. 895, 50 Stat.
886, related to disposal of helium by sale, upon request of Army or Navy
or other Federal Government agencies, or for medicinal, scientific or
commercial use, to deposit and use of funds obtained by sale of gas, and
to an annual report to Congress by Secretary of the Interior on said
funds. See section 6 of act Mar. 3, 1925, as amended by Pub. L.
86-777, which is classified to section 167d of this title.
50 USC 165. Repealed. Aug. 26, 1954, ch. 937, title V, 542(a)(13), 68
Stat. 861
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, acts Mar. 3, 1925, ch. 426, 4, 43 Stat. 1111; Mar. 3,
1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat. 887,
related to exportation of helium gas. See section 2778 of Title 22,
Foreign Relations and Intercourse.
50 USC 166. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, acts Mar. 3, 1925, ch. 426, 5, 43 Stat. 1111; Mar. 3,
1927, ch. 355, 44 Stat. 1388; Sept. 1, 1937, ch. 895, 50 Stat. 887;
July 26, 1947, ch. 343, title II, 205(a), 61 Stat. 501, authorized
Secretaries of Army and Navy to designate representatives to cooperate
with Department of the Interior to effectuate the purposes of this
chapter, and gave them the right of access to plants, data, and
accounts. See section 7 of act Mar. 3, 1925, as amended by Pub. L.
86-777, which is classified to section 167e of this title.
50 USC 167. Definitions
TITLE 50 -- WAR AND NATIONAL DEFENSE
As used in this chapter:
(1) The term ''Secretary'' means the Secretary of the Interior;
(2) The term ''person'' means any individual, corporation,
partnership, firm, association, trust, estate, public or private
institution, or State or political subdivision thereof; and
(3) The terms ''helium-bearing natural gas'' and ''helium-gas
mixture'' mean, respectively, natural gas and gas mixtures containing
three-tenths of 1 per centum or more of helium by volume.
(Mar. 3, 1925, ch. 426, 2, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 918.)
A prior section 2 of act Mar. 3, 1925, which authorized the Bureau
of Mines to produce helium gas, was classified to section 163 of this
title and was omitted in the general amendment and revision of this
chapter by Pub. L. 86-777.
Section 3 of Pub. L. 86-777 provided that: ''The amendment made by
this Act (enacting sections 167 to 167n of this title) shall become
effective on March 1, 1961.''
Section 1 of Pub. L. 86-777 provided that: ''This Act (enacting
sections 167 to 167n of this title and provisions set out as notes
below) may be cited as the 'Helium Act Amendments of 1960'.''
Section 1 of act Mar. 3, 1925, as added by Pub. L. 86-777, 2,
provided that: ''This Act (enacting sections 167 to 167n of this title
and provision set out as a note below) may be cited as the 'Helium
Act'.''
Section 17 of act Mar. 3, 1925, as added by Pub. L. 86-777, 2,
provided that: ''If any provision of this Act (enacting sections 167 to
167n of this title and provisions set out as a note above), or the
application of such provision to any person or circumstance, is held
invalid, the remainder of this Act or the application of such provision
to persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.''
50 USC 167a. Authority of Secretary
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Conserving, producing, buying and selling helium
For the purpose of conserving, producing, buying, and selling helium,
the Secretary is authorized --
(1) to acquire by purchase, lease, gift, exchange, or eminent domain,
lands or interests therein or options thereon, including but not limited
to sites, rights-of-way, and oil or gas leases containing obligations to
pay rental in advance or damages arising out of the use and operation of
such properties; but any such land or interest in lands may be acquired
by eminent domain only when the Secretary determines (A) that he is
unable to make a satisfactory agreement to acquire such land or interest
in land, and (B) that such acquisition by eminent domain is necessary in
the national interest;
(2) to make just and reasonable contracts and agreements for the
acquisition, processing, transportation, or conservation of helium,
helium-bearing natural gas, or helium-gas mixtures upon such terms and
conditions, and for such periods, not exceeding twenty-five years, as
may be necessary to accomplish the purposes of the chapter, except that
the Secretary shall not make such contracts and agreements which shall
require payments by the Government in any one fiscal year aggregating
more than the amount which shall be established initially in an
appropriation Act and which may be increased from time to time in
appropriation Acts, or if the Secretary --
(A) determines that the national interests require the conservation
of certain helium or require certain helium-bearing natural gas or
certain helium-gas mixture for the production or conservation of helium,
and
(B) determines that he is unable to acquire such helium,
helium-bearing natural gas, or helium-gas mixture upon reasonable terms
and at the fair market value,
he is authorized to acquire by eminent domain such helium and so much
of such helium-bearing natural gas or helium-gas mixture as is
necessarily consumed in the extraction of such helium after removal from
its place of deposit in nature and wherever found, or the temporary use
of such helium-bearing natural gas or helium-gas mixture for the purpose
of extracting helium, together with the appropriate interest in
pipelines, equipment, installations, facilities, personal or real
property, including reserves, easements or other rights necessary or
incident to the acquisition of such helium, natural gas, or mixture, but
the condemnation of any such helium, helium-bearing natural gas, or
helium-gas mixture, shall be effected in the same manner and following
the procedures established in section 167f(a) of this title, the just
compensation for such condemnation to be measured by terms and prices
determined to be commensurate with the fair market value, and in the
temporary use of any helium-bearing natural gas or helium-gas mixture
for the purpose of extracting helium the Secretary shall cause no delay
in the delivery of natural gas to the owner, purchaser, or purchasers,
thereof, except that required by the extractive processes;
(3) to construct or acquire by purchase, lease, exchange, gift or
eminent domain, plants, wells, pipelines, compressor stations, camp
buildings, and other facilities, for the production, storage,
purification, transportation, purchase, and sale of helium,
helium-bearing natural gas, and helium-gas mixtures: and to acquire
patents or rights therein and reports of experimentation and research
used in connection with the properties acquired or useful in the
Government's helium operations;
(4) to dispose of, by lease or sale, property, including wells,
lands, or interests therein, not valuable for helium production, and
oil, gas, and byproducts, of helium operations not needed for Government
use, except that property determined by the Secretary to be ''excess''
within the meaning of section 3(e) of the Federal Property and
Administrative Services Act of June 30, 1949, as amended (40 U.S.C.
472), shall be disposed of in accordance with the provisions of that Act
(40 U.S.C. 471 et seq.); and to issue leases to the surface of lands or
structures thereon for grazing or other purposes when the same may be
done without interfering with the production of helium; and
(5) to accept equipment, money, and other contributions from public
and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private.
(b) Helium on public domain
Any known helium-gas-bearing land on the public domain not covered at
the time by leases or permits under the Mineral Lands Leasing Act of
February 25, 1920, as amended (30 U.S.C. 181 et seq.), may be reserved
for the purposes of this chapter, and any reservation of the ownership
of helium may include the right to extract, or have extracted, such
helium, under such rules and regulations as may be prescribed by the
Secretary, from all gas produced from lands so permitted, leased, or
otherwise granted for development, except that in the extraction of
helium from gas produced from such lands, it shall be extracted so as to
cause no delay, except that required by the extraction process, in the
delivery of gas produced from the well to the purchaser or purchasers
thereof at the point of delivery specified in contracts for the purchase
of such gas. If any reserved rights of ownership and extraction of
helium are not exercised before production of any helium-bearing natural
gas or any helium-gas mixture, the Secretary is authorized to acquire
such helium in accordance with subsection (a)(2) of this section.
(c) Contract price
All contracts and agreements made by the Secretary for the
acquisition of helium from a private plant shall contain a provision
precluding the plant owner from selling any helium to any purchaser
other than the Secretary at a price lower than the lowest price paid by
any Government agency for helium acquired from any private plant under
any contract entered into pursuant to this section and outstanding at
the time of such sale.
(Mar. 3, 1925, ch. 426, 3, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 918.)
That Act, referred to in subsec. (a)(4), means act June 30, 1949,
ch. 288, 63 Stat. 377, as amended, known as the Federal Property and
Administrative Services Act of 1949. Provisions of that Act relating to
disposal of government property are classified to chapter 10 ( 471 et
seq.) of Title 40, Public Buildings, Property, and Works. For complete
classification of this Act to the Code, see Short Title note set out
under section 471 of Title 40 and Tables.
The Mineral Lands Leasing Act of February 25, 1920, referred to in
subsec. (b), probably means act Feb. 25, 1920, ch. 85, 41 Stat. 437,
as amended, known as the Mineral Leasing Act, which is classified
generally to chapter 3A ( 181 et seq.) of Title 30, Mineral Lands and
Mining. For complete classification of this Act to the Code, see Short
Title note set out under section 181 of Title 30 and Tables.
A prior section 3 of act Mar. 3, 1925, which related to the disposal
of helium by sale, the use of funds so obtained, and reports to Congress
on such uses, was classified to section 164 of this title and was
omitted in the general amendment and revision of this chapter by Pub.
L. 86-777.
50 USC 167b. Production of helium; maintenance and operation of
facilities; research
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Secretary is authorized to maintain and operate helium production
and purification plants together with facilities and accessories
thereto; to acquire, store, transport, sell, and conserve helium,
helium-bearing natural gas, and helium-gas mixtures, to conduct
exploration for and production of helium on and from the lands acquired,
leased, or reserved; and to conduct or contract with public or private
parties for experimentation and research to discover helium supplies and
to improve processes and methods of helium production, purification,
transportation, liquefaction, storage, and utilization: Provided,
however, That all research contracted for, sponsored, cosponsored, or
authorized under authority of this chapter shall be provided for in such
a manner that all information, uses, products, processes, patents and
other developments resulting from such research developed by Government
expenditure will (with such exceptions and limitations, if any, as the
Secretary may find to be necessary in the interest of national defense)
be available to the general public: And provided further, That nothing
contained herein shall be construed as to deprive the owner of any
background patent relating thereto to such rights as he may have
thereunder.
(Mar. 3, 1925, ch. 426, 4, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 920.)
A prior section 4 of act Mar. 3, 1925, which related to the
exportation of helium gas, was classified to section 165 of this title
and was repealed by act Aug. 26, 1954, ch. 937, title V, 542(a)(13),
68 Stat. 861.
50 USC 167c. Licensing
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Rules and regulations
Whenever the President determines that the defense, security, and
general welfare of the United States requires such action, the Secretary
shall issue such regulations as he deems necessary for the licensing of
sales and transportation of helium in interstate commerce after
extraction from helium-bearing natural gas or helium-gas mixtures.
Thereafter it shall be unlawful for any person to sell or transfer
helium in interstate commerce except in accordance with such regulations
or pursuant to the terms of a license issued by the Secretary, or in
accordance with the terms of a contract or agreement with the Secretary
entered into pursuant to this chapter. For the purpose of this section,
the term ''helium'' shall mean helium, after extraction from
helium-bearing natural gas or helium-gas mixtures, in a refined or
semirefined state suitable for use.
(b) Terms; assignments; revocations
Each license shall be issued for a specified period to be determined
by the Secretary, but not exceeding five years, and may be renewed by
the Secretary upon the expiration of such period. No such license shall
be issued to a person if in the opinion of the Secretary the issuance of
a license to such person would be inimical to the defense and security
of the United States. No such license shall be assigned or otherwise
transferred directly or indirectly except with the consent or approval
of the Secretary in writing. Any such license may be revoked for any
material false statement in the application for license, or for
violation or a failure to comply with the terms and provisions of this
chapter, the regulations issued by the Secretary pursuant thereto or the
terms of the license.
(c) Purpose
In issuing licenses under this section, the Secretary shall impose
such regulations and terms of licenses as will permit him effectively to
promote the common defense and security as well as the general welfare
of the United States. The licensing authority herein granted shall be
used solely for the purpose of preventing the transportation or sale of
helium for end uses determined by the Secretary to be nonessential or
wasteful, and any determination that any end use is nonessential or
wasteful shall be published in the form of general regulations
applicable to all transportation or sales of helium.
(d) Suspension; reacquisition of supplies
Whenever Congress or the President declares that a war or national
emergency exists, the Secretary is authorized to suspend any license
granted under this chapter if in his judgment such suspension is
necessary to the defense and security of the United States, and he is
further authorized to take such steps as may be necessary to recapture
or reacquire supplies of helium.
(Mar. 3, 1925, ch. 426, 5, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 920.)
A prior section 5 of act Mar. 3, 1925, which authorized governmental
cooperation with the Department of the Interior to effectuate the
purposes of this chapter, was classified to section 166 of this title
and was omitted in the general amendment and revision of this chapter by
Pub. L. 86-777.
50 USC 167d. Sale of helium
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Purchase by Government agencies
The Department of Defense, the Atomic Energy Commission, and other
agencies of the Federal Government, to the extent that supplies are
readily available, shall purchase all major requirements of helium from
the Secretary.
(b) Sales by Secretary
The Secretary is authorized to sell helium for Federal, medical,
scientific, and commercial uses in such quantities and under such terms
and conditions as he determines.
(c) Prices and determinations
Sales of helium by the Secretary shall be at prices established by
him which shall be adequate to cover all costs incurred in carrying out
the provisions of this chapter and to repay to the United States by
deposit in the Treasury, together with interest as provided in
subsection (d) of this section, the following:
(1) Within twenty-five years from September 13, 1960, the net capital
and retained earnings of the helium production fund (established under
section 164 of this title prior to amendment by the Helium Act
Amendments of 1960), determined by the Secretary as of September 13,
1960, plus any moneys expended thereafter by the Department of the
Interior from funds provided in the Supplemental Appropriation Act,
1959, for construction of a helium plant at Keyes, Oklahoma;
(2) Within twenty-five years from the date of borrowing, all funds
borrowed, as provided in section 167j of this chapter, to acquire and
construct helium plants and facilities; and
(3) Within twenty-five years from September 13, 1960, unless the
Secretary determines that said period should be extended for not more
than ten years, all funds borrowed, as provided in section 167j of this
title for all purposes other than those specified in clause (2) above.
(d) Interest in price determinations
Compound interest on the amounts specified in clauses (1), (2), and
(3) of subsection (c) of this section which have not been paid to the
Treasury shall be calculated annually at rates determined by the
Secretary of the Treasury taking into consideration the current average
market yields of outstanding marketable obligations of the United States
having maturities comparable to the investments authorized by this
chapter, except that the interest rate on the amounts specified in
clause (1) of subsection (c) of this section shall be determined as of
Sept. 13, 1960, and the interest rate on the obligations specified in
clauses (2) and (3) of subsection (c) of this section as of the time of
each borrowing.
(e) Prices of sales for medical purposes; sales to non-Federal
purchasers
Helium shall be sold for medical purposes at prices which will permit
its general use therefor; and all sales of helium to non-Federal
purchasers shall be upon condition that the Federal Government shall
have a right to repurchase helium so sold that has not been lost or
dissipated, when needed for Government use, under terms and at prices
established by regulations.
(f) Helium production fund
All moneys received under this chapter, including moneys from sale of
helium or other products resulting from helium operations and from the
sale of excess property shall be credited to the helium production fund,
which shall be available without fiscal year limitation, for carrying
out the provisions of this chapter, including any research relating to
helium carried out by the Department of the Interior. Amounts
accumulating in said fund in excess of amounts the Secretary deems
necessary to carry out this chapter and contracts negotiated hereunder
shall be paid to the Treasury and credited against the amounts required
to be repaid to the Treasury under subsection (c) of this section.
(Mar. 3, 1925, ch. 426, 6, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 921.)
Section 164 of this title, referred to in subsec. (c)(1), was
omitted from the Code in the general amendment and revision of this
chapter by Pub. L. 86-777, 2, Sept. 13, 1960, 74 Stat. 918.
Prior to amendment by the Helium Act Amendments of 1960, referred to
in subsec. (c)(1), means prior to Mar. 1, 1961. See Effective Date of
1960 Amendment note set out under section 167 of this title.
The Supplemental Appropriation Act, 1959, referred to in subsec.
(c)(1), is Pub. L. 85-766, Aug. 27, 1958, 72 Stat. 864. Provisions of
the Act providing funds for the construction of a helium plant probably
are those appearing under the heading ''Construction'' under ''Bureau of
Mines'' at 72 Stat. 875, and are not classified to the Code. For
classification of various other provisions of the Act to the Code, see
Tables.
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
50 USC 167e. Intragovernmental cooperation
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Secretary of Defense and the Chairman of the Atomic Energy
Commission may each designate representatives to cooperate with the
Secretary in carrying out the purposes of this chapter, and shall have
complete right of access to plants, data, and accounts.
(Mar. 3, 1925, ch. 426, 7, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 921.)
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
50 USC 167f. Condemnation proceedings
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Proceedings for the condemnation of any property under section
167a of this title shall be instituted and maintained pursuant to the
provisions of the Act of August 1, 1888 (25 Stat. 357; 40 U.S.C. 257),
as amended, and sections 1358 and 1403 of title 28, or any other Federal
statute applicable to the acquisition of real property of eminent
domain. The Acts of February 26, 1931 (46 Stat. 1421; 40 U.S. C.
258a-258e), /1/ and October 21, 1942 (56 Stat. 797; 40 U.S.C. 258f),
shall be applicable to any such proceedings. Wherever the words ''real
property'', ''realty'', ''land'', ''easement'', ''right-of-way'', or
words of similar meaning, are used in such code provisions or Acts
relating to procedure, jurisdiction, and venue, they shall be deemed,
for the purposes of this chapter, to include any personal property
authorized to be acquired hereunder.
(b) In the event of disposal under section 167a(a)(4) of this title
of any property acquired by eminent domain pursuant to this chapter, the
former owner or successor in interest of the rights therein shall have
the preferential right to reacquire such property on terms as favorable
as those terms whereby disposition may be made under such section.
(Mar. 3, 1925, ch. 426, 8, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 922.)
Act of February 26, 1931, referred to in subsec. (a), is act Feb.
26, 1931, ch. 307, 46 Stat. 1421, as amended, known as the Declaration
of Taking Act, which is classified to section 258a et seq. of Title 40,
Public Buildings, Property, and Works. Pub. L. 99-656, 1( 2), Nov. 14,
1986, 100 Stat. 3668, amended act Feb. 26, 1931, by adding section 6,
which is classified to section 258e-1 of Title 40.
/1/ See References in Text note below.
50 USC 167g. Promulgation of rules and regulations
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Secretary is authorized to establish and promulgate such rules
and regulations, as are consistent with the directions of this chapter
and are necessary to carry out the provisions hereof.
(Mar. 3, 1925, ch. 426, 9, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 922.)
50 USC 167h. Administrative procedure
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) The provisions of subchapter II of chapter 5 of title 5 shall
apply to any agency proceeding and any agency action taken under this
chapter, including the issuance of rules and regulations, and the terms
''agency proceeding'' and ''agency action'' shall have the meaning
specified in subchapter II of chapter 5 of title 5.
(b) In any proceeding under this chapter for the granting,
suspending, revoking, or amending of any license, or application to
transfer control thereof, and in any proceeding for the issuance or
modification of rules and regulations dealing with the activities of
licensees, the Secretary shall grant a hearing upon the request of any
person whose interest may be affected by the proceeding, and shall admit
any such person as a party to such proceeding. Any final order entered
in any such proceeding shall be subject to judicial review in the manner
prescribed in chapter 158 of title 28, and to the provisions of chapter
7 of title 5.
(Mar. 3, 1925, ch. 426, 10, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 922.)
In subsecs. (a) and (b), ''subchapter II of chapter 5 of title 5''
and ''chapter 7 of title 5'' substituted for ''the Administrative
Procedure Act of June 11, 1946 (60 Stat. 637; 5 U.S.C. 1001-1011), as
amended'', ''the Administrative Procedure Act'', and ''section 10 of the
Administrative Procedure Act'', respectively, on authority of Pub. L.
89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
In subsec. (b), ''chapter 158 of title 28'' substituted for ''the
Act of December 29, 1950 (64 Stat. 1129; 5 U.S.C. 1031-1042), as
amended'' on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80
Stat. 631, section 4(e) of which enacted chapter 158 of Title 28,
Judiciary and Judicial Procedure.
50 USC 167i. Exclusion from Natural Gas Act provisions
TITLE 50 -- WAR AND NATIONAL DEFENSE
The provisions of the Natural Gas Act of June 21, 1938, as amended
(15 U.S.C. 717 et seq.), shall not be applicable to the sale,
extraction, processing, transportation, or storage of helium either
prior to or subsequent to the separation of such helium from the natural
gas with which it is commingled, whether or not the provisions of such
Act apply to such natural gas, and in determining the rates of a natural
gas company under sections 4 and 5 of the Natural Gas Act, as amended
(15 U.S.C. 717c, 717d), whenever helium is extracted from helium-bearing
natural gas, there shall be excluded (1) all income received from the
sale of helium; (2) all direct costs incurred in the extraction,
processing, compression, transportation or storage of helium; and (3)
that portion of joint costs of exploration, production, gathering,
extraction, processing, compression, transportation or storage divided
and allocated to helium on a volumetric basis.
(Mar. 3, 1925, ch. 426, 11, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 922.)
The Natural Gas Act of June 21, 1938, as amended, referred to in
text, means act June 21, 1938, ch. 556, 52 Stat. 821, as amended,
known as the Natural Gas Act, which is classified generally to chapter
15B ( 717 et seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 717w of Title 15 and
Tables.
50 USC 167j. Loans and obligations
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) The Secretary is authorized to borrow annually from the Treasury
and credit to the fund established under section 167d(f) of this title
such amounts as may be authorized in the initial appropriation Act and
which may be increased from time to time in appropriation Acts and as
are necessary to carry out the provisions of this chapter and
contractual obligations hereunder.
(b) For the purpose of this section the Secretary may issue to the
Secretary of the Treasury notes, debentures, bonds, or other obligations
to be redeemable at the option of the Secretary before maturity in such
manner as may be stipulated in such obligations. The Secretary of the
Treasury is authorized and directed to purchase any obligations issued
by the Secretary under authority of this section and for such purpose
the Secretary of the Treasury is authorized to use as a public debt
transaction the proceeds from the sale of any securities issued under
chapter 31 of title 31, and the purposes for which securities may be
issued under chapter 31 of title 31 are extended to include any
purchases of obligations of the Secretary hereunder.
(Mar. 3, 1925, ch. 426, 12, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 923.)
In subsec. (b), ''chapter 31 of title 31'' substituted for ''the
Second Liberty Bond Act, as amended'' on authority of Pub. L. 97-258,
4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31, Money and Finance.
50 USC 167k. Violations; penalties
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whoever willfully violates, attempts to violate, or conspires to
violate, any provision of this chapter or any regulation or order issued
or any terms of a license granted thereunder shall, upon conviction
thereof, be punished by a fine of not more than $5,000 or by
imprisonment for not more than two years, or both, except that whoever
commits such an offense with intent to injure the United States or with
intent to secure an advantage to any foreign nation, shall upon
conviction thereof, be punished by a fine of not more than $20,000 or by
imprisonment for not more than twenty years, or both.
(Mar. 3, 1925, ch. 426, 13, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 923.)
50 USC 167l. Injunctions
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever in the judgment of the Secretary any person has engaged or
is about to engage in any act or practice which constitutes or will
constitute a violation of any provision of this chapter, or any
regulation or order issued or any term of a license granted thereunder,
any such act or practice may be enjoined by any district court having
jurisdiction of such person, and proper proceedings to this end may be
instituted under the direction of the Attorney General of the United
States.
(Mar. 3, 1925, ch. 426, 14, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 923.)
50 USC 167m. Individual enterprise in developing helium
TITLE 50 -- WAR AND NATIONAL DEFENSE
It is the sense of the Congress that it is in the national interest
to foster and encourage individual enterprise in the development and
distribution of supplies of helium, and at the same time provide, within
economic limits, through the administration of this chapter, a sustained
supply of helium which, together with supplies available or expected to
become available otherwise, will be sufficient to provide for essential
Government activities.
(Mar. 3, 1925, ch. 426, 15, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 923.)
50 USC 167n. Reports
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Secretary of the Interior is directed to report annually to the
Congress on the matters contained in this chapter.
(Mar. 3, 1925, ch. 426, 16, as added Sept. 13, 1960, Pub. L. 86-777,
2, 74 Stat. 923.)
50 USC CHAPTER 11 -- ACQUISITION OF AND EXPENDITURES ON LAND FOR
NATIONAL-DEFENSE PURPOSES
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 171, 171-1. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat.
641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 171, acts Aug. 18, 1890, ch. 797, 1, 26 Stat. 316; July
2, 1917, ch. 35, 40 Stat. 241; Apr. 11, 1918, ch. 51, 40 Stat. 518,
authorized Secretary of War to institute condemnation proceedings for
acquisition of land, to purchase land, and to accept donations of land.
See section 2663 of Title 10, Armed Forces.
Section 171-1, act Oct. 25, 1951, ch. 563, 101, 65 Stat. 641,
granted certain condemnation authority to Secretary of Navy. See
sections 2663 and 2668 of Title 10.
50 USC 171a. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act July 2, 1917, ch. 35, 2, as added Mar. 27, 1942, ch.
199, title II, 201, 56 Stat. 177, related to acquisition of real
property during war, and terminated on Dec. 28, 1945 by act Mar. 27,
1942, ch. 199, title II, 202, as added Dec. 28, 1945, ch. 590, 1( a),
59 Stat. 658.
50 USC 171b. Repealed. Pub. L. 85-861, 36A, Sept. 2, 1958, 72 Stat.
1570
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, acts Aug. 3, 1956, ch. 939, title IV, 406, 70 Stat. 1015;
Aug. 20, 1958, Pub. L. 85-685, title V, 510, 72 Stat. 662, related to
acquisition of land not exceeding $5,000 in cost. See section 2672 of
Title 10, Armed Forces.
50 USC 172, 173. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 172, act July 9, 1918, ch. 143, subch. XV 8, 40 Stat. 888,
related to acquisition of property for production of lumber. See
sections 2664 and 2665 of Title 10, Armed Forces.
Section 173, act Apr. 28, 1904, ch. 1762, 1, 33 Stat. 497, related
to purchase of land for quarters and barracks in addition to sites for
fortifications.
50 USC 174. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Aug. 18, 1890, ch. 797, 1, 26 Stat. 316, provided
that nothing contained in former section 171 of this title should be
construed to authorize an expenditure or involve the Government in any
contract for future payment of money in excess of sums appropriated
therefor.
50 USC 175. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, R.S. 355; June 28, 1930, ch. 710, 46 Stat. 828; Feb.
1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083;
Sept. 1, 1970, Pub. L. 91-393, 1, 84 Stat. 835, which related to
approval of title prior to Federal land purchases, payment of title
expenses, application to Tennessee Valley Authority, and Federal
jurisdiction over acquisitions, was transferred to section 255 of Title
40, Public Buildings, Property, and Works.
50 USC 176. Omitted
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Mar. 28, 1918, ch. 28, 1, 40 Stat. 460, authorized
the acquisition of the property on the Hudson River owned by the North
German Lloyd Dock Company and the Hamburg-American Line Terminal &
Navigation Company and provided that section 175 of this title did not
apply to expenditures authorized in connection with such property. The
President, by proclamation dated June 28, 1918, took possession of such
property.
50 USC 177 to 179. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 177, act June 25, 1906, ch. 3540, 34 Stat. 463, related to
contracts for construction of fortifications and other works of defense.
Section 178, act Apr. 11, 1898, No. 21, 30 Stat. 737, provided for
erection of forts in emergency. See sections 4776 and 9776 of Title 10,
Armed Forces.
Section 179, act June 30, 1921, ch. 33, 1, 42 Stat. 81, related to
chargeability of appropriations with respect to transportation cost
incident to construction and maintenance of seacoast fortifications.
50 USC CHAPTER 12 -- VESSELS IN TERRITORIAL WATERS OF UNITED STATES
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
191. Regulation of anchorage and movement of vessels during national
emergency.
191a. Transfer of Secretary of Transportation's powers to Secretary
of Navy when Coast Guard operates as part of Navy.
191b, 191c. Repealed.
192. Seizure and forfeiture of vessel; fine and imprisonment.
193. Repealed.
194. Enforcement provisions.
195. ''United States'' defined.
196. Emergency foreign vessel acquisition; purchase or requisition
of vessels lying idle in United States waters.
197. Voluntary purchase or charter agreements.
198. Requisitioned vessels.
(a) Documentation of vessels.
(b) Waiver of compliance.
(c) Coastwise trade; inspection.
(d) Reconditioning of vessels.
(e) Effective period.
(f) ''Documented'' defined.
Definition of ''Foreign government'', see section 11 of Title 18,
Crimes and Criminal Procedure.
50 USC 191. Regulation of anchorage and movement of vessels during
national emergency
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever the President by proclamation or Executive order declares a
national emergency to exist by reason of actual or threatened war,
insurrection, or invasion, or disturbance or threatened disturbance of
the international relations of the United States, the Secretary of
Transportation may make, subject to the approval of the President, rules
and regulations governing the anchorage and movement of any vessel,
foreign or domestic, in the territorial waters of the United States, may
inspect such vessel at any time, place guards thereon, and, if necessary
in his opinion in order to secure such vessels from damage or injury, or
to prevent damage or injury to any harbor or waters of the United
States, or to secure the observance of the rights and obligations of the
United States, may take, by and with the consent of the President, for
such purposes, full possession and control of such vessel and remove
therefrom the officers and crew thereof and all other persons not
specially authorized by him to go or remain on board thereof.
Whenever the President finds that the security of the United States
is endangered by reason of actual or threatened war, or invasion, or
insurrection, or subversive activity, or of disturbances or threatened
disturbances of the international relations of the United States, the
President is authorized to institute such measures and issue such rules
and regulations --
(a) to govern the anchorage and movement of any foreign-flag vessels
in the territorial waters of the United States, to inspect such vessels
at any time, to place guards thereon, and, if necessary in his opinion
in order to secure such vessels from damage or injury, or to prevent
damage or injury to any harbor or waters of the United States, or to
secure the observance of rights and obligations of the United States,
may take for such purposes full possession and control of such vessels
and remove therefrom the officers and crew thereof, and all other
persons not especially authorized by him to go or remain on board
thereof;
(b) to safeguard against destruction, loss, or injury from sabotage
or other subversive acts, accidents, or other causes of similar nature,
vessels, harbors, ports, and waterfront facilities in the United States
and all territory and water, continental or insular, subject to the
jurisdiction of the United States.
Any appropriation available to any of the Executive Departments shall
be available to carry out the provisions of this title.
(June 15, 1917, ch. 30, title II, 1, 40 Stat. 220; Aug. 9, 1950, ch.
656, 1, 64 Stat. 427; Sept. 26, 1950, ch. 1049, 2(b), 64 Stat. 1038;
Oct. 15, 1966, Pub. L. 89-670, 6(b)(1), 80 Stat. 938; Sept. 27, 1979,
Pub. L. 96-70, title III, 3302(a), 93 Stat. 498.)
This title, referred to in text, means title II of act June 15, 1917,
ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192
to 194 of this title. For complete classification of this Act to the
Code, see Tables.
1979 -- Pub. L. 96-70 struck out second par., providing that within
the territory and waters of the Canal Zone the Governor of the Canal
Zone, with the approval of the President, shall exercise all the powers
conferred by this section on the Secretary of the Treasury, and in cl.
(b) of third par., struck out ''the Canal Zone,'' after ''facilities in
the United States,''.
1950 -- Act Sept. 26, 1950, substituted ''Governor of the Canal
Zone'' for ''Governor of the Panama Canal'' in second par.
Act Aug. 9, 1950, authorized the President to institute such rules
and regulations to control anchorage and movement of foreign-flag
vessels in United States waters when the national security is
endangered.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Section 4 of act Aug. 9, 1950, provided that: ''The provisions of
this Act (amending this section and sections 192 and 194 of this title)
shall expire on such date as may be specified by concurrent resolution
of the two Houses of Congress.''
Act July 25, 1947, ch. 327, 3, 61 Stat. 451, provided that in the
interpretation of this section, the date July 25, 1947, shall be deemed
to be the date of termination of any state of war theretofore declared
by Congress and of the national emergencies proclaimed by the President
on Sept. 8, 1939, and May 27, 1941.
Section 4 of title XIII of act June 15, 1917, provided: ''If any
clause, sentence, paragraph, or part of this Act (see Tables for
classification) shall for any reason be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof but shall be confined in its
operation to the clause, sentence, paragraph, or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.''
For regulations relating to safeguarding of vessels, harbors, ports,
and waterfront facilities, under a finding that the security of the
United States is endangered by reason of subversive activity, see Ex.
Ord. No. 10173, Oct. 18, 1950, 15 F.R. 7005.
Proc. No. 2732, June 2, 1947, 12 F.R. 3583, 61 Stat. 1069, revoked
Proc. No. 2412, June 27, 1940, 5 F.R. 2419, 54 Stat. 2711, which
granted consent of President to the exercise of certain powers under
this section by the Secretary of the Treasury and the Governor of the
Canal Zone.
A proclamation was issued under this section on December 3, 1917.
''Secretary of Transportation'' substituted for ''Secretary of the
Treasury'' in first paragraph of text pursuant to section 6(b)(1) of
Pub. L. 89-670, which transferred Coast Guard to Department of
Transportation and transferred to and vested in Secretary of
Transportation functions, powers, and duties, relating to Coast Guard,
of Secretary of the Treasury and of other officers and offices of
Department of the Treasury. See section 108 of Title 49,
Transportation.
For delegation to Secretary of the Treasury of authority vested in
President by this section, see section 2(e) of Ex. Ord. No. 10289,
Sept. 17, 1951, 16 F.R. 9499, as amended, and section 1(r) of Ex. Ord.
No. 10637, Sept. 16, 1955, 20 F.R. 7025, set out as notes under section
301 of Title 3, The President.
Carrying or possessing explosives or dangerous weapons on vessels
seized, forfeited, or upon which guard has been placed under this
chapter, see section 2277 of Title 18, Crimes and Criminal Procedure.
50 USC 191a. Transfer of Secretary of Transportation's powers to
Secretary of Navy when Coast Guard operates as part of Navy
TITLE 50 -- WAR AND NATIONAL DEFENSE
When the Coast Guard operates as a part of the Navy pursuant to
section 3 of title 14, the powers conferred on the Secretary of
Transportation by section 191 of this title, shall vest in and be
exercised by the Secretary of the Navy.
(Nov. 15, 1941, ch. 471, 2, 55 Stat. 763; Oct. 18, 1962, Pub. L.
87-845, 11, 76A Stat. 699; Oct. 15, 1966, Pub. L. 89-670, 6(b)(1), 80
Stat. 938.)
1962 -- Pub. L. 87-845 substituted ''section 3 of title 14'' for
''section 1 of title 14''.
Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section 25
of Pub. L. 87-845, set out as a note under section 14 of Title 18,
Crimes and Criminal Procedure.
''Secretary of Transportation'' substituted in text for ''Secretary
of the Treasury'' pursuant to section 6(b)(1) of Pub. L. 89-670, which
transferred Coast Guard to Department of Transportation and transferred
to and vested in Secretary of Transportation functions, powers, and
duties, relating to Coast Guard, of Secretary of the Treasury and of
other officers and offices of Department of the Treasury. See section
108 of Title 49, Transportation.
50 USC 191b. Repealed. Pub. L. 96-70, title III, 3303(a)(5), Sept. 27,
1979, 93 Stat. 499
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, acts Nov. 15, 1941, ch. 471, 4, 55 Stat. 763; Sept. 26,
1950, ch. 1049, 2(b), 64 Stat. 1038; Oct. 18, 1962, Pub. L. 87-845,
12, 76A Stat. 699, provided that this section, section 191a of this
title, and section 91 of title 14 not affect the authority of the
Governor of the Canal Zone conferred by section 191 of this title or
section 34 of Title 2, Canal Zone Code.
Repeal effective Oct. 1, 1979, see section 3304 of Pub. L. 96-70,
set out as an Effective Date note under section 3601 of Title 22,
Foreign Relations and Intercourse.
50 USC 191c. Repealed. Aug. 4, 1949, ch. 393, 20, 63 Stat. 561
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Nov. 15, 1941, ch. 471, 1, 55 Stat. 763, related to
control of anchorage and movement of vessels to insure safety of naval
vessels. See section 91 of Title 14, Coast Guard.
50 USC 192. Seizure and forfeiture of vessel; fine and imprisonment
TITLE 50 -- WAR AND NATIONAL DEFENSE
If any owner, agent, master, officer, or person in charge, or any
member of the crew of any such vessel fails to comply with any
regulation or rule issued or order given under the provisions of this
title, or obstructs or interferes with the exercise of any power
conferred by this title, the vessel, together with her tackle, apparel,
furniture, and equipment, shall be subject to seizure and forfeiture to
the United States in the same manner as merchandise is forfeited for
violation of the customs revenue laws; and the person guilty of such
failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be
fined not more than $10,000.
(a) If any other person knowingly fails to comply with any regulation
or rule issued or order given under the provisions of this title, or
knowingly obstructs or interferes with the exercise of any power
conferred by this title, he shall be punished by imprisonment for not
more than ten years and may, at the discretion of the court, be fined
not more than $10,000.
(June 15, 1917, ch. 30, title II, 2, 40 Stat. 220; Mar. 28, 1940,
ch. 72, 3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, 3, 55 Stat. 763;
Aug. 9, 1950, ch. 656, 3, 64 Stat. 428.)
This title, referred to in text, means title II of act June 15, 1917,
ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192
to 194 of this title. For complete classification of this Act to the
Code, see Tables.
1950 -- Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941 -- Act Nov. 15, 1941, struck out ''by the Secretary of the
Treasury or the Governor of the Panama Canal'' before ''under the
provisions of this title''.
1940 -- Act Mar. 28, 1940, increased term of imprisonment.
For termination of amendment by act Aug. 9, 1950, see section 4 of
act Aug. 9, 1950, set out as a note under section 191 of this title.
50 USC 193. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, acts June 15, 1917, ch. 30, title II, 3, 40 Stat. 220;
Mar. 28, 1940, ch. 72, 3(b), 54 Stat. 79, related to destruction of,
injury to, or improper use of vessels. See section 2274 of Title 18,
Crimes and Criminal Procedure.
Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948,
set out as an Effective Date note preceding section 1 of Title 28,
Judiciary and Judicial Procedure.
50 USC 194. Enforcement provisions
TITLE 50 -- WAR AND NATIONAL DEFENSE
The President may employ such departments, agencies, officers, or
instrumentalities of the United States as he may deem necessary to carry
out the purpose of this title.
(June 15, 1917, ch. 30, title II, 4, 40 Stat. 220; Aug. 9, 1950, ch.
656, 2, 64 Stat. 428.)
This title, referred to in text, means title II of act June 15, 1917,
ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192
to 194 of this title. For complete classification of this Act to the
Code, see Tables.
1950 -- Act Aug. 9, 1950, authorized the President to employ such
departments, agencies, etc., as he deems necessary to carry out title II
of act June 15, 1917.
For termination of amendment by act Aug. 9, 1950, see section 4 of
act Aug. 9, 1950, set out as a note under section 191 of this title.
50 USC 195. ''United States'' defined
TITLE 50 -- WAR AND NATIONAL DEFENSE
The term ''United States'' as used in this Act includes all territory
and waters, continental or insular, subject to the jurisdiction of the
United States.
(June 15, 1917, ch. 30, title XIII, 1, 40 Stat. 231; Sept. 27, 1979,
Pub. L. 96-70, title III, 3302(b), 93 Stat. 498.)
This Act, referred to in text, means act June 15, 1917, ch. 30, 40
Stat. 217, as amended. For complete classification of this Act to the
Code, see Tables.
Section was formerly classified to section 40 of this title. In the
original this section defined ''United States'' as used in act June 15,
1917. Other provisions of that act were contained in sections 31 to 42
of this title and certain sections of former Title 18, Criminal Code and
Criminal Procedure. The definition of ''United States'' as used in
present provisions derived from those former sections is covered by
sections 5 and 14 of Title 18, Crimes and Criminal Procedure.
1979 -- Pub. L. 96-70 struck out ''the Canal Zone and'' after ''this
Act includes''.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
50 USC 196. Emergency foreign vessel acquisition; purchase or
requisition of vessels lying idle in United States waters
TITLE 50 -- WAR AND NATIONAL DEFENSE
During any period in which vessels may be requisitioned under section
1242 of title 46, Appendix, the President is authorized and empowered
through the Secretary of Transportation to purchase, or to requisition,
or for any part of such period to charter or requisition the use of, or
to take over the title to or possession of, for such use or disposition
as he shall direct, any merchant vessel not owned by citizens of the
United States which is lying idle in waters within the jurisdiction of
the United States and which the President finds to be necessary to the
national defense. Just compensation shall be determined and made to the
owner or owners of any such vessel in accordance with the applicable
provisions of section 1242 of title 46, Appendix. Such compensation
hereunder, or advances on account thereof, shall be deposited with the
Treasurer of the United States in a separate deposit fund. Payments for
such compensation and also for payment of any valid claim upon such
vessel in accord with the provisions of the second paragraph of
subsection (d) of section 1242 of title 46, Appendix, shall be made from
such fund upon the certificate of the Secretary of Transportation.
(Aug. 9, 1954, ch. 659, 1, 68 Stat. 675; Sept. 27, 1979, Pub. L.
96-70, title III, 3302(c), 93 Stat. 498; Aug. 6, 1981, Pub. L. 97-31,
12(152), 95 Stat. 167.)
1981 -- Pub. L. 97-31 substituted references to Secretary of
Transportation for references to Secretary of Commerce wherever
appearing.
1979 -- Pub. L. 96-70 struck out '', including the Canal Zone,''
after ''jurisdiction of the United States''.
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
50 USC 197. Voluntary purchase or charter agreements
TITLE 50 -- WAR AND NATIONAL DEFENSE
During any period in which vessels may be requisitioned under section
1242 of title 46, Appendix, the President is authorized through the
Secretary of Transportation to acquire by voluntary agreement of
purchase or charter the ownership or use of any merchant vessel not
owned by citizens of the United States.
(Aug. 9, 1954, ch. 659, 2, 68 Stat. 675; Aug. 6, 1981, Pub. L.
97-31, 12(152), 95 Stat. 167.)
1981 -- Pub. L. 97-31 substituted ''Secretary of Transportation''
for ''Secretary of Commerce''.
50 USC 198. Requisitioned vessels
TITLE 50 -- WAR AND NATIONAL DEFENSE
(a) Documentation of vessels
Any vessel not documented under the laws of the United States,
acquired by or made available to the Secretary of Transportation under
sections 196 to 198 of this title, or otherwise, may, notwithstanding
any other provision of law, in the discretion of the Secretary of the
department in which the Coast Guard is operating be documented as a
vessel of the United States under such rules and regulations or orders,
and with such limitations, as the Secretary of the department in which
the Coast Guard is operating may prescribe or issue as necessary or
appropriate to carry out the purposes and provisions of sections 196 to
198 of this title, and in accordance with the provisions of subsection
(c) of this section, engage in the coastwise trade when so documented.
Any document issued to a vessel under the provisions of this subsection
shall be surrendered at any time that such surrender may be ordered by
the Secretary of the department in which the Coast Guard is operating.
No vessel, the surrender of the documents of which has been so ordered,
shall, after the effective date of such order, have the status of a
vessel of the United States unless documented anew.
(b) Waiver of compliance
The President may, notwithstanding any other provisions of law, by
rules and regulations or orders, waive compliance with any provision of
law relating to masters, officers, members of the crew, or crew
accommodations on any vessel documented under authority of this section
to such extent and upon such terms as he finds necessary because of the
lack of physical facilities on such vessels, and because of the need to
employ aliens for their operation. No vessel shall cease to enjoy the
benefits and privileges of a vessel of the United States by reason of
the employment of any person in accordance with the provisions of this
subsection.
(c) Coastwise trade; inspection
Any vessel while documented under the provisions of this section,
when chartered under sections 196 to 198 of this title by the Secretary
of Transportation to Government agencies or departments or to private
operators, may engage in the coastwise trade under permits issued by the
Secretary of Transportation, who is authorized to issue permits for such
purpose pursuant to such rules and regulations as he may prescribe. The
Secretary of Transportation is authorized to prescribe such rules and
regulations as he may deem necessary or appropriate to carry out the
purposes and provisions of this section. The second paragraph of section
9 of the Shipping Act, 1916, as amended (46 App. U.S.C. 808), shall not
apply with respect to vessels chartered to Government agencies or
departments or to private operators or otherwise used or disposed of
under sections 196 to 198 of this title. Existing laws covering the
inspection of steam vessels are made applicable to vessels documented
under this section only to such extent and upon such conditions as may
be required by regulations of the Secretary of the department in which
the Coast Guard is operating: Provided, That in determining to what
extent those laws should be made applicable, due consideration shall be
given to the primary purpose of transporting commodities essential to
the national defense.
(d) Reconditioning of vessels
The Secretary of Transportation without regard to the provisions of
section 5 of title 41 may repair, reconstruct, or recondition any
vessels to be utilized under sections 196 to 198 of this title. The
Secretary of Transportation and any other Government department or
agency by which any vessel is acquired or chartered, or to which any
vessel is transferred or made available under sections 196 to 198 of
this title may, with the aid of any funds available and without regard
to the provisions of said section 5 of title 41, repair, reconstruct, or
recondition any such vessels to meet the needs of the services intended,
or provide facilities for such repair, reconstruction, or
reconditioning. The Secretary of Transportation may operate or charter
for operation any vessel to be utilized under sections 196 to 198 of
this title to private operators, citizens of the United States, or to
any department or agency of the United States Government, without regard
to the provisions of title VII of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1191 et seq.), and any department or agency of the United States
Government is authorized to enter into such charters.
(e) Effective period
In case of any voyage of a vessel documented under the provisions of
this section begun before the date of termination of an effective period
of section 196 of this title, but is completed after such date, the
provisions of this section shall continue in effect with respect to such
vessel until such voyage is completed.
(f) ''Documented'' defined
When used in sections 196 to 198 of this title, the term
''documented'' means ''registered'', ''enrolled and licensed'', or
''licensed''.
(Aug. 9, 1954, ch. 659, 3, 68 Stat. 675; Oct. 15, 1966, Pub. L.
89-670, 6(b)(1), (2), 80 Stat. 938; Aug. 6, 1981, Pub. L. 97-31, 12(
152), 95 Stat. 167.)
The Merchant Marine Act, 1936, referred to in subsec. (d), is act
June 29, 1936, ch. 858, 49 Stat. 1985, as amended. Title VII of the
Merchant Marine Act, 1936 is classified generally to subchapter VII (
1191 et seq.) of chapter 27 of Title 46, Appendix, Shipping. For
complete classification of this Act to the Code, see section 1245 of
Title 46, Appendix, and Tables.
1981 -- Subsecs. (a), (c), (d). Pub. L. 97-31 substituted
references to Secretary of Transportation for references to Secretary of
Commerce wherever appearing.
''Secretary of the department in which the Coast Guard is operating''
substituted in subsec. (a) for ''Secretary of the Treasury'' pursuant
to section 6(b)(1), (2) of Pub. L. 89-670, which transferred Coast
Guard to Department of Transportation and transferred to and vested in
Secretary of Transportation functions, powers, and duties, relating to
Coast Guard, of Secretary of the Treasury and of all other officers and
offices of Department of the Treasury, and which provided that
notwithstanding such transfer Coast Guard shall operate as part of Navy
in time of war or when President directs as provided in section 3 of
Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For delegation to Secretary of the Treasury of authority vested in
President by subsec. (a) of this section, see Ex. Ord. No. 10289, eff.
Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of
Title 3, The President.
Administrative delegation of functions by Secretary of the Treasury,
see note set out preceding section 3 of the Appendix to Title 46,
Shipping.
50 USC CHAPTER 13 -- INSURRECTION
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
201 to 204. Repealed.
205. Suspension of commercial intercourse with State in
insurrection.
206. Suspension of commercial intercourse with part of State in
insurrection.
207. Persons affected by suspension of commercial intercourse.
208. Licensing or permitting commercial intercourse with State or
region in insurrection.
209. Repealed.
210. Penalties for unauthorized trading, etc.; jurisdiction of
prosecutions.
211. Investigations to detect and prevent frauds and abuses.
212. Confiscation of property employed to aid insurrection.
213. Jurisdiction of confiscation proceedings.
214. Repealed.
215. Institution of confiscation proceedings.
216. Preventing transportation of goods to aid insurrection.
217. Trading in captured or abandoned property.
218. Repealed.
219. Removal of customhouse and detention of vessels thereat.
220. Enforcement of section 219.
221. Closing ports of entry; forfeiture of vessels seeking to enter
closed port.
222. Transferred.
223. Forfeiture of vessels owned by citizens of insurrectionary
States.
224. Refusing clearance to vessels with suspected cargoes;
forfeiture for departing without clearance.
225. Bond to deliver cargo at destination named in clearance.
226. Protection of liens on condemned vessels.
50 USC 201 to 204. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat.
641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 201, R.S. 5297, provided for Federal aid for State
Governments in case of an insurrection in any State. See section 331 of
Title 10, Armed Forces.
Section 202, R.S. 5298, related to use of military and naval forces
to enforce authority of Federal Government. See section 332 of Title
10.
Section 203, R.S. 5299, related to denial by State of equal
protection of laws and authorized the President to take measures for the
suppression of any insurrection, domestic violence, or combinations.
See section 333 of Title 10.
Section 204, R.S. 5300, authorized the President to issue a
proclamation commanding insurgents to disperse. See section 334 of
Title 10.
50 USC 205. Suspension of commercial intercourse with State in
insurrection
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever the President, in pursuance of the provisions of this
chapter, has called forth the militia to suppress combinations against
the laws of the United States, and to cause the laws to be duly
executed, and the insurgents shall have failed to disperse by the time
directed by the President, and when the insurgents claim to act under
the authority of any State or States, and such claim is not disclaimed
or repudiated by the persons exercising the functions of government in
such State or States, or in the part or parts thereof in which such
combination exists, and such insurrection is not suppressed by such
State or States, or whenever the inhabitants of any State or part
thereof are at any time found by the President to be in insurrection
against the United States, the President may, by proclamation, declare
that the inhabitants of such State, or of any section or part thereof
where such insurrection exists, are in a state of insurrection against
the United States; and thereupon all commercial intercourse by and
between the same and the citizens thereof and the citizens of the rest
of the United States shall cease and be unlawful so long as such
condition of hostility shall continue; and all goods and chattels,
wares and merchandise, coming from such State or section into the other
parts of the United States, or proceeding from other parts of the United
States to such State or section, by land or water, shall, together with
the vessel or vehicle conveying the same, or conveying persons to or
from such State or section, be forfeited to the United States.
(R.S. 5301.)
R.S. 5301 derived from acts July 13, 1861, ch. 3, 5, 12 Stat. 257;
July 31, 1861, ch. 32, 12 Stat. 284.
Extension of this section to --
Parts of States, see section 206 of this title.
Persons in occupied territory and aliens, see section 207 of this
title.
50 USC 206. Suspension of commercial intercourse with part of State in
insurrection
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever any part of a State not declared to be in insurrection is
under the control of insurgents, or is in dangerous proximity to places
under their control, all commercial intercourse therein and therewith
shall be subject to the prohibitions and conditions of section 205 of
this title for such time and to such extent as shall become necessary to
protect the public interests, and be directed by the Secretary of the
Treasury, with the approval of the President.
(R.S. 5302.)
R.S. 5302 derived from act July 2, 1864, ch. 225, 5, 13 Stat. 376.
50 USC 207. Persons affected by suspension of commercial intercourse
TITLE 50 -- WAR AND NATIONAL DEFENSE
The provisions of this chapter in relation to commercial intercourse
shall apply to all commercial intercourse by and between persons
residing or being within districts within the lines of national military
occupation in the States or parts of States declared in insurrection,
whether with each other or with persons residing or being within
districts declared in insurrection and not within those lines; and all
persons within the United States, not native or naturalized citizens
thereof, shall be subject to the same prohibitions, in all commercial
intercourse with inhabitants of States or parts of States declared in
insurrection, as citizens of States not declared to be in insurrection.
(R.S. 5303.)
R.S. 5303 derived from act July 2, 1864, ch. 225, 4, 13 Stat. 376.
50 USC 208. Licensing or permitting commercial intercourse with State
or region in insurrection
TITLE 50 -- WAR AND NATIONAL DEFENSE
The President may, in his discretion, license and permit commercial
intercourse with any part of such State or section, the inhabitants of
which are so declared in a state of insurrection, so far as may be
necessary to authorize supplying the necessities of loyal persons
residing in insurrectionary States, within the lines of actual
occupation by the military forces of the United States, as indicated by
published order of the commanding general of the department or district
so occupied; and, also, so far as may be necessary to authorize persons
residing within such lines to bring or send to market in the loyal
States any products which they shall have produced with their own labor
or the labor of freedmen, or others employed and paid by them, pursuant
to rules relating thereto, which may be established under proper
authority. And no goods, wares, or merchandise shall be taken into a
State declared in insurrection, or transported therein, except to and
from such places and to such monthly amounts as shall have been
previously agreed upon, in writing, by the commanding general of the
department in which such places are situated, and an officer designated
by the Secretary of the Treasury for that purpose. Such commercial
intercourse shall be in such articles and for such time and by such
persons as the President, in his discretion, may think most conducive to
the public interest; and, so far as by him licensed, shall be conducted
and carried on only in pursuance of rules and regulations prescribed by
the Secretary of the Treasury.
(R.S. 5304.)
R.S. 5304 derived from acts July 13, 1861, ch. 3, 5, 12 Stat. 257;
July 2, 1864, ch. 225, 9, 13 Stat. 377.
50 USC 209. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, R.S. 5305, related to appointment of officers to carry into
effect licenses to trade in State or region in an insurrection.
50 USC 210. Penalties for unauthorized trading, etc.; jurisdiction of
prosecutions
TITLE 50 -- WAR AND NATIONAL DEFENSE
Every officer of the United States, civil, military, or naval, and
every sutler, soldier, marine, or other person, who takes, or causes to
be taken into a State declared to be in insurrection, or to any other
point to be thence taken into such State, or who transports or sells, or
otherwise disposes of therein, any goods, wares, or merchandise
whatsoever, except in pursuance of license and authority of the
President, as provided in this chapter, or who makes any false statement
or representation upon which license and authority is granted for such
transportation, sale, or other disposition, or who, under any license or
authority obtained, willfully and knowingly transports, sells, or
otherwise disposes of any other goods, wares, or merchandise than such
as are in good faith so licensed and authorized, or who willfully and
knowingly transports, sells, or disposes of the same, or any portion
thereof, in violation of the terms of such license or authority, or of
any rule or regulation prescribed by the Secretary of the Treasury
concerning the same, or who is guilty of any act of embezzlement, of
willful misappropriation of public or private money or property, of
keeping false accounts, or of willfully making any false returns, shall
be deemed guilty of a misdemeanor, and shall be fined not more than
$5,000, and imprisoned in the penitentiary not more than three years.
Violations of this section shall be cognizable before any court, civil
or military, competent to try the same.
(R.S. 5306.)
R.S. 5306 derived from act July 2, 1864, ch. 225, 10, 13 Stat.
377.
50 USC 211. Investigations to detect and prevent frauds and abuses
TITLE 50 -- WAR AND NATIONAL DEFENSE
It shall be the duty of the Secretary of the Treasury, from time to
time, to institute such investigations as may be necessary to detect and
prevent frauds and abuses in any trade or transactions which may be
licensed between inhabitants of loyal States and of States in
insurrection. And the agents making such investigations shall have
power to compel the attendance of witnesses, and to make examinations on
oath.
(R.S. 5307.)
R.S. 5307 derived from act July 2, 1864, ch. 225, 10, 13 Stat.
377.
Authority of any employee of any Department detailed to investigate
frauds on the Government, or any official misconduct, to administer
oaths to witnesses, see section 303 of Title 5, Government Organization
and Employees.
50 USC 212. Confiscation of property employed to aid insurrection
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever during any insurrection against the Government of the United
States, after the President shall have declared by proclamation that the
laws of the United States are opposed, and the execution thereof
obstructed, by combinations too powerful to be suppressed by the
ordinary course of judicial proceedings, or by the power vested in the
marshals by law, any person, or his agent, attorney, or employee,
purchases or acquires, sells or gives, any property of whatsoever kind
or description, with intent to use or employ the same, or suffers the
same to be used or employed in aiding, abetting, or promoting such
insurrection or resistance to the laws, or any person engaged therein;
or being the owner of any such property, knowingly uses or employs, or
consents to such use or employment of the same, all such property shall
be lawful subject of prize and capture wherever found; and it shall be
the duty of the President to cause the same to be seized, confiscated,
and condemned.
(R.S. 5308.)
R.S. 5308 derived from act Aug. 6, 1861, ch. 60, 1, 12 Stat. 319.
50 USC 213. Jurisdiction of confiscation proceedings
TITLE 50 -- WAR AND NATIONAL DEFENSE
Such prizes and capture shall be condemned in the district court of
the United States having jurisdiction of the amount, or in admiralty in
any district in which the same may be seized, or into which they may be
taken and proceedings first instituted.
(R.S. 5309; Feb. 27, 1877, ch. 69, 1, 19 Stat. 253; Mar. 3, 1911,
ch. 231, 291, 36 Stat. 1167.)
R.S. 5309 derived derived from act Aug. 6, 1861, ch. 60, 2, 12
Stat. 319.
Act Mar. 3, 1911, conferred the powers and duties of the former
circuit courts upon the district courts.
1877 -- Act Feb. 27, 1877, inserted ''may'' after ''any district in
which the same''.
50 USC 214. Repealed. Aug. 10, 1956, ch. 1041, 53, 70A Stat. 641
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, R.S. 5310, provided that property taken on inland waters of
the United States was not a maritime prize. See section 7651 of Title
10, Armed Forces.
50 USC 215. Institution of confiscation proceedings
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Attorney General, or the United States attorney for any judicial
district in which such property may at the time be, may institute the
proceedings of condemnation, and in such case they shall be wholly for
the benefit of the United States; or any person may file an information
with such attorney, in which case the proceedings shall be for the use
of such informer and the United States in equal parts.
(R.S. 5311; June 25, 1948, ch. 646, 1, 62 Stat. 909.)
R.S. 5311 derived from act Aug. 6, 1861, ch. 60, 3, 12 Stat. 319.
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United States
attorney'' for ''attorney of the United States''. See section 541 of
Title 28, Judiciary and Judicial Procedure, and Historical and Revision
Notes thereunder.
50 USC 216. Preventing transportation of goods to aid insurrection
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Secretary of the Treasury is authorized to prohibit and prevent
the transportation in any vessel, or upon any railroad, turnpike, or
other road or means of transportation within the United States, of any
property, whatever may be the ostensible destination of the same, in all
cases where there are satisfactory reasons to believe that such property
is intended for any place in the possession or under the control of
insurgents against the United States, or that there is imminent danger
that such property will fall into the possession or under the control of
such insurgents; and he is further authorized, in all cases where he
deems it expedient so to do, to require reasonable security to be given
that property shall not be transported to any place under
insurrectionary control, and shall not, in any way, be used to give aid
or comfort to such insurgents; and he may establish all such general or
special regulations as may be necessary or proper to carry into effect
the purposes of this section; and if any property is transported in
violation of this chapter, or of any regulation of the Secretary of the
Treasury, established in pursuance thereof, or if any attempt shall be
made so to transport any, it shall be forfeited.
(R.S. 5312.)
R.S. 5312 derived from act May 20, 1862, ch. 81, 3, 12 Stat. 404.
50 USC 217. Trading in captured or abandoned property
TITLE 50 -- WAR AND NATIONAL DEFENSE
All persons in the military or naval service of the United States are
prohibited from buying or selling, trading, or in any way dealing in
captured or abandoned property, whereby they shall receive or expect any
profit, benefit, or advantage to themselves, or any other person,
directly or indirectly connected with them; and it shall be the duty of
such person whenever such property comes into his possession or custody,
or within his control, to give notice thereof to some agent, appointed
by virtue of this chapter, and to turn the same over to such agent
without delay. Any officer of the United States, civil, military, or
naval, or any sutler, soldier, or marine, or other person who shall
violate any provision of this section, shall be deemed guilty of a
misdemeanor, and shall be fined not more than $5,000, and imprisoned in
the penitentiary not more than three years. Violations of this section
shall be cognizable before any court, civil or military, competent to
try the same.
(R.S. 5313.)
R.S. 5313 derived from act July 2, 1864, ch. 225, 10, 13 Stat.
377.
Dealing in captured or abandoned property to be punishable as a
court-martial may direct, see section 903 of Title 10, Armed Forces.
50 USC 218. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
632
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, R.S. 5314; act Mar. 2, 1929, ch. 510, 1, 45 Stat. 1496,
related to authority of President in collection of duties to change
ports of entry in case of insurrection.
50 USC 219. Removal of customhouse and detention of vessels thereat
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever, at any port of entry, the duties on imports cannot, in the
judgment of the President, be collected in the ordinary way, or by the
course provided in section 218 /1/ of this title, by reason of the cause
mentioned in said section, he may direct that the customhouse for the
district be established in any secure place within the district, either
on land or on board any vessel in the district, or at sea near the
coast; and in such case the collector shall reside at such place, or on
shipboard, as the case may be, and there detain all vessels and cargoes
arriving within or approaching the district, until the duties imposed by
law on such vessels and their cargoes are paid in cash. But if the
owner or consignee of the cargo on board any vessel thus detained, or
the master of the vessel, desires to enter a port of entry in any other
district where no such obstructions to the execution of the laws exist,
the master may be permitted so to change the destination of the vessel
and cargo in his manifest; whereupon the collector shall deliver him a
written permit to proceed to the port so designated. And the Secretary
of the Treasury, with the approval of the President, shall make proper
regulations for the enforcement on shipboard of such provisions of the
laws regulating the assessment and collection of duties as in his
judgment may be necessary and practicable.
(R.S. 5315.)
Section 218 of this title, referred to in text, was repealed by Pub.
L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 632.
R.S. 5315 derived from acts July 13, 1861, ch. 3, 2, 12 Stat. 256;
Mar. 3, 1875, ch. 136, 2, 18 Stat. 469.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise of the Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than Dec. 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
/1/ See References in Text note below.
50 USC 220. Enforcement of section 219
TITLE 50 -- WAR AND NATIONAL DEFENSE
It shall be unlawful to take any vessel or cargo detained under
section 219 of this title from the custody of the proper officers of the
customs, unless by process of some court of the United States; and in
case of any attempt otherwise to take such vessel or cargo by any force,
or combination, or assemblage of persons, too great to be overcome by
the officers of the customs, the President, or such person as he shall
have empowered for that purpose, may employ such part of the Army or
Navy or militia of the United States, or such force of citizen
volunteers as may be necessary, to prevent the removal of such vessel or
cargo, and to protect the officers of the customs in retaining the
custody thereof.
(R.S. 5316.)
R.S. 5316 derived from act July 12, 1861, ch. 3, 3, 12 Stat. 256.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise of Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than Dec. 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
50 USC 221. Closing ports of entry; forfeiture of vessels seeking to
enter closed port
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever, in any collection district, the duties on imports can not,
in the judgment of the President, be collected in the ordinary way, nor
in the manner provided by sections 218 /1/ to 220 of this title, by
reason of the cause mentioned in section 218 of this title, the
President may close the port of entry in that district; and shall in
such case give notice thereof by proclamation. And thereupon all right
of importation, warehousing, and other privileges incident to ports of
entry shall cease and be discontinued at such port so closed until it is
opened by the order of the President on the cessation of such
obstructions. Every vessel from beyond the United States, or having on
board any merchandise liable to duty, which attempts to enter any port
which has been closed under this section, shall, with her tackle,
apparel, furniture, and cargo, be forfeited.
(R.S. 5317.)
Section 218 of this title, referred to in text, was repealed by Pub.
L. 89-554, 8(a), Sept. 6, 1966, 80 Stat. 632.
R.S. 5317 derived from act July 12, 1861, ch. 3, 4, 12 Stat. 256.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise of Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than Dec. 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
/1/ See References in Text note below.
50 USC 222. Transferred
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, R.S. 5318; act Jan. 28, 1915, ch. 20, 1, 38 Stat. 800,
related to use of auxiliary vessels to enforce this chapter, and was
transferred to section 540 of Title 19, Customs Duties.
50 USC 223. Forfeiture of vessels owned by citizens of insurrectionary
States
TITLE 50 -- WAR AND NATIONAL DEFENSE
From and after fifteen days after the issuing of the proclamation, as
provided in section 205 of this title, any vessel belonging in whole or
in part to any citizen or inhabitant of such State or part of a State
whose inhabitants are so declared in a state of insurrection, found at
sea, or in any port of the rest of the United States, shall be
forfeited.
(R.S. 5319.)
R.S. 5319 derived from act July 12, 1861, ch. 3, 7, 12 Stat. 257.
50 USC 224. Refusing clearance to vessels with suspected cargoes;
forfeiture for departing without clearance
TITLE 50 -- WAR AND NATIONAL DEFENSE
The Secretary of the Treasury is authorized to refuse a clearance to
any vessel or other vehicle laden with merchandise, destined for a
foreign or domestic port, whenever he shall have satisfactory reason to
believe that such merchandise, or any part thereof, whatever may be its
ostensible destination, is intended for ports in possession or under
control of insurgents against the United States; and if any vessel for
which a clearance or permit has been refused by the Secretary of the
Treasury, or by his order, shall depart or attempt to depart for a
foreign or domestic port without being duly cleared or permitted, such
vessel, with her tackle, apparel, furniture, and cargo, shall be
forfeited.
(R.S. 5320.)
R.S. 5320 derived from act May 20, 1862, ch. 81, 1, 12 Stat. 404.
50 USC 225. Bond to deliver cargo at destination named in clearance
TITLE 50 -- WAR AND NATIONAL DEFENSE
Whenever a permit or clearance is granted for either a foreign or
domestic port, it shall be lawful for the collector of the customs
granting the same, if he deems it necessary, under the circumstances of
the case, to require a bond to be executed by the master or the owner of
the vessel, in a penalty equal to the value of the cargo, and with
sureties to the satisfaction of such collector, that the cargo shall be
delivered at the destination for which it is cleared or permitted, and
that no part thereof shall be used in affording aid or comfort to any
person or parties in insurrection against the authority of the United
States.
(R.S. 5321.)
R.S. 5321 derived from act May 20, 1862, ch. 81, 2, 12 Stat. 404.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise of Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than December 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July
31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title
5.
50 USC 226. Protection of liens on condemned vessels
TITLE 50 -- WAR AND NATIONAL DEFENSE
In all cases wherein any vessel, or other property, is condemned in
any proceeding by virtue of any laws relating to insurrection or
rebellion, the court rendering judgment of condemnation shall,
notwithstanding such condemnation, and before awarding such vessel, or
other property, or the proceeds thereof, to the United States, or to any
informer, first provide for the payment, out of the proceeds of such
vessel, or other property, of any bona fide claims which shall be filed
by any loyal citizen of the United States, or of any foreign state or
power at peace and amity with the United States, intervening in such
proceeding, and which shall be duly established by evidence, as a valid
claim against such vessel, or other property, under the laws of the
United States or of any State thereof not declared to be in
insurrection. No such claim shall be allowed in any case where the
claimant has knowingly participated in the illegal use of such ship,
vessel, or other property. This section shall extend to such claims
only as might have been enforced specifically against such vessel, or
other property, in any State not declared to be in insurrection, wherein
such claim arose.
(R.S. 5322.)
R.S. 5322 derived from act Mar. 3, 1863, ch. 90, 12 Stat. 762.
50 USC CHAPTER 14 -- WARTIME VOTING BY LAND AND NAVAL FORCES
TITLE 50 -- WAR AND NATIONAL DEFENSE
50 USC 301 to 303. Repealed. Aug. 9, 1955, ch. 656, title III, 307, 69
Stat. 589
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 301, acts Sept. 16, 1942, ch. 561, title I, 1, 56 Stat.
753; July 1, 1943, ch. 187, 1, 5, 57 Stat. 371, granted absentee
members of land or naval forces of the United States the right to vote
in Presidential, Vice Presidential, and Congressional elections. See
section 1973ff et seq. of Title 42, The Public Health and Welfare.
Section 302, act Sept. 16, 1942, ch. 561, title I, 2, 56 Stat.
753, exempted persons in military service in time of war from paying
poll taxes or other taxes as a condition of voting in any election for
President, Vice President, electors for President or Vice President, or
for Senator or Member of the House of Representatives.
Section 303, acts Sept. 16, 1942, ch. 561, title I, 3, 56 Stat.
753; Apr. 1, 1944, ch. 150, 58 Stat. 136, provided for voting in
accordance with State law.
Sections 301 to 303 were also repealed by act Aug. 10, 1956, ch.
1041, 53, 70 Stat. 641.
50 USC 304 to 315. Repealed. Apr. 1, 1944, ch. 150, 58 Stat. 136
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 304, act Sept. 16, 1942, ch. 561, 4, 56 Stat. 754, related
to a public list of applicants.
Section 305, act Sept. 16, 1942, ch. 561, 5, 56 Stat. 754, related
to form of ballots and booklets.
Section 306, act Sept. 16, 1942, ch. 561, 6, 56 Stat. 755, related
to use of official envelopes.
Section 307, act Sept. 16, 1942, ch. 561, 7, 56 Stat. 756, related
to transmission of ballots.
Section 308, act Sept. 16, 1942, ch. 561, 8, 56 Stat. 756, related
to return of ballots.
Section 309, act Sept. 16, 1942, ch. 561, 9, 56 Stat. 756, related
to certification of votes.
Section 310, act Sept. 16, 1942, ch. 561, 10, 56 Stat. 756,
related to payment of expenses.
Section 311, act Sept. 16, 1942, ch. 561, 11, 56 Stat. 757,
related to utilization of services of local agencies.
Section 312, act Sept. 16, 1942, ch. 561, 12, 56 Stat. 757,
related to voting under State law.
Section 313, act Sept. 16, 1942, ch. 561, 13, 56 Stat. 757,
related to primary elections.
Section 314, act Sept. 16, 1942, ch. 561, 14, 56 Stat. 757,
related to offenses against elective franchise.
Section 315, act Sept. 16, 1942, ch. 561, 15, 56 Stat. 757,
related to formality of compliance.
50 USC 321 to 331. Repealed. Aug. 9, 1955, ch. 656, title III, 307, 69
Stat. 589
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 321, act Sept. 16, 1942, ch. 561, title II, 201, as added
Apr. 1, 1944, ch. 150, 58 Stat. 136, and amended Apr. 19, 1946, ch.
142, 60 Stat. 96, related to State absentee voting legislation.
Section 322, act Sept. 16, 1942, ch. 561, title II, 202, as added
Apr. 1, 1944, ch. 150, 58 Stat. 137, and amended Apr. 19, 1946, ch.
142, 60 Stat. 96, related to use of post cards.
Section 323, act Sept. 16, 1942, ch. 561, title II, 203, as added
Apr. 1, 1944, ch. 150, 58 Stat. 137, and amended Apr. 19, 1946, ch.
142, 60 Stat. 97, related to distribution of ballots.
Section 324, act Sept. 16, 1942, ch. 561, title II, 204, as added
Apr. 1, 1944, ch. 150, 58 Stat. 138, and amended Apr. 19, 1946, ch.
142, 60 Stat. 97; Sept. 29, 1950, ch. 1112, 1, 64 Stat. 1082,
provided for style and markings of envelopes, protective inserts, return
envelopes, and size and weight of ballots and envelopes.
Section 325, act Sept. 16, 1942, ch. 561, title II, 205, as added
Apr. 1, 1944, ch. 150, 58 Stat. 138, and amended Apr. 19, 1946, ch.
142, 60 Stat. 97, related to signature and oath of voter.
Section 326, act Sept. 16, 1942, ch. 561, title II, 206, as added
Apr. 1, 1944, ch. 150, 58 Stat. 139, and amended Apr. 19, 1946, ch.
142, 60 Stat. 98, related to instructions for marking ballots.
Section 327, act Sept. 16, 1942, ch. 561, title II, 207, as added
Apr. 1, 1944, ch. 150, 58 Stat. 139, and amended Apr. 19, 1946, ch.
142, 60 Stat. 99, related to extension of State's time limits.
Section 328, act Sept. 16, 1942, ch. 561, title II, 208, as added
Apr. 19, 1946, ch. 142, 60 Stat. 99, provided for notification of
forthcoming elections by secretaries of states.
Section 329, act Sept. 16, 1942, ch. 561, title II, 209, as added
Apr. 19, 1946, ch. 142, 60 Stat. 99, and amended Sept. 29, 1950, ch.
1111, 64 Stat. 1082, provided for cooperation with States, printing
and transmitting of post cards, and content of post cards.
Section 330, act Sept. 16, 1942, ch. 561, title II, 210, as added
Apr. 19, 1946, ch. 142, 60 Stat. 101, and amended July 26, 1947, ch.
343, title II, 205(a), 61 Stat. 501, related to transmission of post
cards.
Section 331, act Sept. 16, 1942, ch. 561, title II, 211, as added
Apr. 19, 1946, ch. 142, 60 Stat. 101, and amended July 26, 1947, ch.
343, title II, 205(a), 61 Stat. 501, related to distribution of
information.
A prior section 331, act Sept. 16, 1942, ch. 561, title III, 301,
as added Apr. 1, 1944, ch. 150, 58 Stat. 140, related to
establishment of United States War Ballot Commission and was repealed by
act Apr. 19, 1946, ch. 142, 60 Stat. 96.
Sections 321 to 331 were also repealed by act Aug. 10, 1956, ch.
1041, 53, 70A Stat. 641.
50 USC 332 to 340. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 332, act Sept. 16, 1942, ch. 561, title III, 302, as added
Apr. 1, 1944, ch. 150, 58 Stat. 140, related to persons subject to
this subchapter.
Section 333, act Sept. 16, 1942, ch. 561, title III, 303, as added
Apr. 1, 1944, ch. 150, 58 Stat. 141, related to Federal war ballots.
Section 334, act Sept. 16, 1942, ch. 561, title III, 304, as added
Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of
oaths.
Section 335, act Sept. 16, 1942, ch. 561, title III, 305, as added
Apr. 1, 1944, ch. 150, 58 Stat. 143, related to administration of
this subchapter.
Section 336, act Sept. 16, 1942, ch. 561, title III, 306, as added
Apr. 1, 1944, ch. 150, 58 Stat. 144, related to lists of candidates.
Section 337, act Sept. 16, 1942, ch. 561, title III, 307, as added
Apr. 1, 1944, ch. 150, 58 Stat. 144, related to distribution and
collection of ballots.
Section 338, act Sept. 16, 1942, ch. 561, title III, 308, as added
Apr. 1, 1944, ch. 150, 58 Stat. 145, related to merchant marine
ballots.
Section 339, act Sept. 16, 1942, ch. 561, title III, 309, as added
Apr. 1, 1944, ch. 150, 58 Stat. 145, related to transmission of
ballots.
Section 340, act Sept. 16, 1942, ch. 561, title III, 310, as added
Apr. 1, 1944, ch. 150, 58 Stat. 145, related to reports on balloting.
50 USC 341. Repealed. Aug. 9, 1955, ch. 656, title III, 307, 69 Stat.
589
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Sept. 16, 1942, ch. 561, title III, 301, as added Apr.
19, 1946, ch. 142, 60 Stat. 101, provided for prevention of fraud,
coercion, and undue influence; free discussion, and acts done in good
faith.
A prior section 341, act Sept. 16, 1942, ch. 561, title III, 311,
as added Apr. 1, 1944, ch. 150, 58 Stat. 146, related to validity of
ballots and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.
Section was also repealed by act Aug. 10, 1956, ch. 1041, 53, 70A
Stat. 641.
50 USC 342. Repealed. May 24, 1949, ch. 139, 142, 63 Stat. 109
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section, act Sept. 16, 1942, ch. 561, title III, 302, as added Apr.
19, 1946, ch. 142, 60 Stat. 102, related to prohibition against
taking of polls. See section 596 of Title 18, Crimes and Criminal
Procedure.
A prior section 342, act Sept. 16, 1942, ch. 561, title III, 312,
as added Apr. 1, 1944, ch. 150, 58 Stat. 146, which provided for
safeguards and secrecy of ballots and prevention of fraud and coercion
as to voting, was repealed by act Apr. 19, 1946, ch. 142, 60 Stat.
102.
50 USC 343 to 347. Repealed. Apr. 19, 1946, ch. 142, 60 Stat. 96
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 343, act Sept. 16, 1942, ch. 561, title III, 313, as added
Apr. 1, 1944, ch. 150, 58 Stat. 146, related to penalties under
sections 341 to 347 of this title.
Section 344, act Sept. 16, 1942, ch. 561, title III, 314, as added
Apr. 1, 1944, ch. 150, 58 Stat. 146, related to prohibition on taking
polls. See section 596 of Title 18, Crimes and Criminal Procedure.
Section 344 was also repealed by act June 25, 1948, ch. 645, 21, 62
Stat. 862.
Section 345, act Sept. 16, 1942, ch. 561, title III, 315, as added
Apr. 1, 1944, ch. 150, 58 Stat. 147, related to certain State
officials.
Section 346, act Sept. 16, 1942, ch. 561, title III, 316, as added
Apr. 1, 1944, ch. 150, 58 Stat. 147, related to agencies acting for
the Secretary of State.
Section 347, act Sept. 16, 1942, ch. 561, title III, 317, as added
Apr. 1, 1944, ch. 150, 58 Stat. 147, related to construction of
chapter.
50 USC 351 to 355. Repealed. Aug. 9, 1955, ch. 656, title III, 307, 69
Stat. 589
TITLE 50 -- WAR AND NATIONAL DEFENSE
Section 351, act Sept. 16, 1942, ch. 561, title IV, 401, as added
Apr. 19, 1946, ch. 142, 60 Stat. 102, defined terms for purposes of
this chapter.
A prior section 351, act Sept. 16, 1942, ch. 561, title IV, 401, as
added Apr. 1, 1944, ch. 150, 58 Stat. 147, authorized appropriations
for purposes of this chapter and was repealed by act Apr. 19, 1946, ch.
142, 60 Stat. 96.
Section 352, act Sept. 16, 1942, ch. 561, title IV, 402, as added
Apr. 19, 1946, ch. 142, 60 Stat. 102, and amended Sept. 29, 1950,
ch. 1112, 2, 64 Stat. 1083, related to free postage.
A prior section 352, act Sept. 16, 1942, ch. 561, title IV, 402, as
added Apr. 1, 1944, ch. 150, 58 Stat. 147, related to free postage
and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat. 96.
Section 353, act Sept. 16, 1942, ch. 561, title IV, 403, as added
Apr. 19, 1946, ch. 142, 60 Stat. 103, related to administration of
this chapter.
A prior section 353, act Sept. 16, 1942, ch. 561, title IV, 403, as
added Apr. 1, 1944, ch. 150, 58 Stat. 148, defined terms for purposes
of this chapter and was repealed by act Apr. 19, 1946, ch. 142, 60
Stat. 96.
Section 354, act Sept. 16, 1942, ch. 561, title IV, 404, as added
Apr. 19, 1946, ch. 142, 60 Stat. 103, related to separability of
provisions.
A prior section 354, act Sept. 16, 1942, ch. 561, title IV, 404, as
added Apr. 1, 1944, ch. 150, 58 Stat. 148, related to separability of
provisions and was repealed by act Apr. 19, 1946, ch. 142, 60 Stat.
96.
Section 355, act Sept. 16, 1942, ch. 561, title IV, 405, as added
Apr. 19, 1946, ch. 142, 60 Stat. 103, related to construction of this
chapter.
Sections 351 to 355 were also repealed by act Aug. 10, 1956, ch.
1041, 53, 70A Stat. 641.
50 USC CHAPTER 15 -- NATIONAL SECURITY
TITLE 50 -- WAR AND NATIONAL DEFENSE
Sec.
401. Congressional declaration of purpose.
402. National Security Council.
(a) Establishment; presiding officer; functions; composition.
(b) Additional functions.
(c) Executive secretary; appointment; staff employees.
(d) Recommendations and reports.
(e) Participation of Chairman or Vice Chairman of Joint Chiefs of
Staff.
(f) Participation by Director of National Drug Control Policy.
(g) Board for Low Intensity Conflict.
403. Central Intelligence Agency.
(a) Establishment; Director and Deputy Director; appointment.
(b) Commissioned officer as Director or Deputy Director; powers and
limitations; effect on commissioned status.
(c) Termination of employment of officers and employees; effect on
right of subsequent employment.
(d) Powers and duties.
(e) Inspection of intelligence of other departments.
(f) Termination of National Intelligence Authority; transfer of
personnel, property, records, and unexpended funds.
403-1. Intelligence Community Staff; appointment of Director.
403-2. Intelligence Community contracting.
403a. Definitions relating to Central Intelligence Agency.
403b. Seal of office of Central Intelligence Agency.
403c. Procurement authority of Central Intelligence Agency.
(a) Purchases and contracts for supplies and services.
(b) ''Agency head'' defined.
(c) Classes of purchases and contracts; finality of decision;
powers delegable.
(d) Powers not delegable; written findings.
(e) Automatic data processing equipment and services.
403d. Repealed.
403e. Central Intelligence Agency personnel; allowances and
benefits.
(a) Travel, allowances, and related expenses for officers and
employees assigned to duty stations outside United States.
(b) Allowances and benefits comparable to those paid members of
Foreign Service; special requirements; persons detailed or assigned
from other agencies; regulations.
403e-1. Eligibility for incentive awards.
(a) Scope of authority with respect to Federal employees and members
of Armed Forces.
(b) Time for exercise of authority.
(c) Exercise of authority with respect to members of Armed Forces
assigned to foreign intelligence duties.
(d) Payment and acceptance of award.
403f. General authorities of Agency.
403g. Protection of nature of Agency's functions.
403h. Admission of essential aliens; limitation on number.
403i. Repealed.
403j. Central Intelligence Agency; appropriations; expenditures.
403k. Authority to pay death gratuities.
403l. Authority to accept gifts, devises and bequests.
(a) Use for operational purposes prohibited.
(b) Sale, exchange and investment of gifts.
(c) Deposit of gifts into special fund.
(d) Taxation of gifts.
(e) ''Gift'' defined.
403m. Misuse of Agency name, initials, or seal.
(a) Prohibited acts.
(b) Injunction.
403n. Special provisions for spouses of Central Intelligence Agency
employees applicable to Agency participants in Civil Service Retirement
and Disability System.
(a) Manner and extent of applicability.
(b) Regulations.
403o. Security personnel at Agency installations.
(a) Special policemen: functions and powers; regulations:
promulgation and enforcement.
(b) Penalties for violations of regulations.
(c) Identification.
403p. Health benefits for certain former spouses of Central
Intelligence Agency employees.
(a) Persons eligible.
(b) Enrollment for health benefits.
(c) Remarriage before age fifty-five; continued enrollment;
restored eligibility.
(d) Enrollment in health benefits plan under other authority.
(e) ''Health benefits plan'' defined.
403q. Inspector General for Agency.
(a) Purpose; establishment.
(b) Appointment; supervision; removal.
(c) Duties and responsibilities.
(d) Semiannual reports; immediate reports of serious or flagrant
problems; reports of functional problems.
(e) Authorities of Inspector General.
(f) Separate budget account.
(g) Transfer.
403r. Special annuity computation rules for certain employees'
service abroad.
(a) Officers and employees to whom rules apply.
(b) Computation rules.
(c) Annuities deemed annuities under section 8339 of title 5.
(d) Officers and employees entitled to greater annuities under
section 8339 of title 5.
403r-1. Portability of overseas service retirement benefit.
403s. Special rules for disability retirement and death-in-service
benefits with respect to certain employees.
(a) Officers and employees to whom section 231 of Pub. L. 88-643
rules apply.
(b) Survivors of officers and employees to whom section 232 of Pub.
L. 88-643 rules apply.
(c) Officers and employees to be retired as though designated
pursuant to section 302(a) of Pub. L. 88-643.
(d) Survivors of officers and employees to receive benefits as though
deceased had been designated pursuant to section 302(a) of Pub. L.
88-643.
(e) Annuities and/or other benefits provided under this section
deemed annuities and/or benefits under chapter 83 or 84 of title 5.
404. Emergency preparedness.
(a) Employment of personnel.
(b) Functions.
(c) Utilization of Government resources and facilities.
404a. Annual national security strategy report.
(a) Transmittal to Congress.
(b) Contents.
(c) Classified and unclassified form.
404b. Multiyear national foreign intelligence program.
(a) Annual submission of multiyear national foreign intelligence
program.
(b) Time of submission.
(c) Consistency with budget estimates.
404c. Annual report on United States security arrangements and
commitments with other nations.
(a) Report requirements.
(b) Matters to be included.
(c) Deadline for report.
405. Advisory committees; appointment; compensation of part-time
personnel; applicability of other laws.
406. Omitted.
407. Study or plan of surrender; use of appropriations.
408. Applicable laws.
409. Definitions of military departments.
410. ''Function'' and ''Department of Defense'' defined.
411. Authorization of appropriations.
412. Repealing and savings provisions.
413. General Congressional oversight provisions.
(a) Reports to Congressional committees of intelligence activities
and anticipated activities.
(b) Reports concerning illegal intelligence activities.
(c) Procedures for reporting information.
(d) Procedures to protect from unauthorized disclosure.
(e) Construction of authority conferred.
(f) ''Intelligence activities'' defined.
413a. Reporting of intelligence activities other than covert
actions.
413b. Presidential approval and reporting of covert actions.
(a) Presidential findings.
(b) Reports to intelligence committees; production of information.
(c) Timing of reports; access to finding.
(d) Changes in previously approved actions.
(e) ''Covert action'' defined.
(f) Prohibition on covert actions intended to influence United States
political processes, etc.
414. Funding of intelligence activities.
(a) Obligations and expenditures for intelligence or
intelligence-related activity; prerequisites.
(b) Activities denied funding by Congress.
(c) Presidential finding required for expenditure of funds on covert
action.
(d) Report to Congressional committees required for expenditure of
nonappropriated funds for intelligence activity.
(e) Definitions.
415. Notice to Congress of certain transfers of defense articles and
defense services.
421. Protection of identities of certain United States undercover
intelligence officers, agents, informants, and sources.
(a) Disclosure of information by persons having or having had access
to classified information that identifies covert agent.
(b) Disclosure of information by persons who learn identity of covert
agents as result of having access to classified information.
(c) Disclosure of information by persons in course of pattern of
activities intended to identify and expose covert agents.
422. Defenses and exceptions.
(a) Disclosure by United States of identity of covert agent.
(b) Conspiracy, misprision of felony, aiding and abetting, etc.
(c) Disclosure to select Congressional committees on intelligence.
(d) Disclosure by agent of own identity.
423. Report.
(a) Annual report by President to Congress on measures to protect
identities of covert agents.
(b) Exemption from disclosure; date of initial submission.
424. Extraterritorial jurisdiction.
425. Providing information to Congress.
426. Definitions.
431. Exemption of certain operational files from search, review,
publication, or disclosure.
(a) Exemption by Director of Central Intelligence.
(b) ''Operational files'' defined.
(c) Search and review for information.
(d) Information derived or disseminated from exempted operational
files.
(e) Supersedure of prior law.
(f) Allegation; improper withholding of records; judicial review.
432. Decennial review of exempted operational files.
(a) Review by Director of Central Intelligence.
(b) Consideration; historical value; public interest.
(c) Judicial review.
this title; title 21 section 1503; title 22 section
2291.
50 USC 401. Congressional declaration of purpose
TITLE 50 -- WAR AND NATIONAL DEFENSE
In enacting this legislation, it is the intent of Congress to provide
a comprehensive program for the future security of the United States;
to provide for the establishment of integrated policies and procedures
for the departments, agencies, and functions of the Government relating
to the national security; to provide a Department of Defense, including
the three military Departments of the Army, the Navy (including naval
aviation and the United States Marine Corps), and the Air Force under
the direction, authority, and control of the Secretary of Defense; to
provide that each military department shall be separately organized
under its own Secretary and shall function under the direction,
authority, and control of the Secretary of Defense; to provide for
their unified direction under civilian control of the Secretary of
Defense but not to merge these departments or services; to provide for
the establishment of unified or specified combatant commands, and a
clear and direct line of command to such commands; to eliminate
unnecessary duplication in the Department of Defense, and particularly
in the field of research and engineering by vesting its overall
direction and control in the Secretary of Defense; to provide more
effective, efficient, and economical administration in the Department of
Defense; to provide for the unified strategic direction of the
combatant forces, for their operation under unified command, and for
their integration into an efficient team of land, naval, and air forces
but not to establish a single Chief of Staff over the armed forces nor
an overall armed forces general staff.
(July 26, 1947, ch. 343, 2, 61 Stat. 496; Aug. 10, 1949, ch. 412, 2,
63 Stat. 579; Aug. 6, 1958, Pub. L. 85-599, 2, 72 Stat. 514.)
This legislation, referred to in text, means act July 26, 1947, ch.
343, 61 Stat. 495, as amended, known as the National Security Act of
1947. For complete classification of this Act to the Code, see Short
Title note set out below and Tables.
1958 -- Pub. L. 85-599 amended section generally, and, among other
changes, provided that each military department shall be separately
organized, instead of separately administered, under its own Secretary
and shall function under the direction, authority, and control of the
Secretary of Defense, and inserted provisions relating to establishment
of unified or specified combatant commands and for elimination of
unnecessary duplication.
1949 -- Act Aug. 10, 1949, provided that the military departments
shall be separately administered but be under the direction of the
Secretary of Defense, and that there shall not be a single Chief of
Staff over the armed forces nor an armed forces general staff.
Section 310 of act July 26, 1947, provided:
''(a) The first sentence of section 202(a) (section 171a of former
Title 5, Executive Departments and Government Officers and Employees)
and sections 1, 2, 307, 308, 309, and 310 (section 171 note of former
Title 5, section 361 of this title, and sections 171m and 171n of former
Title 5) shall take effect immediately upon the enactment of this Act
(July 26, 1947).
''(b) Except as provided in subsection (a), the provisions of this
Act (sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of
former Title 5, section 24 of Title 3, The President, and sections 401
to 405 of this title) shall take effect on whichever of the following
days is the earlier: The day after the day upon which the Secretary of
Defense first appointed takes office, or the sixtieth day after the date
of the enactment of this Act (July 26, 1947).''
Pub. L. 98-477, 1, Oct. 15, 1984, 98 Stat. 2209, provided: ''That
this Act (enacting sections 431 and 432 of this title, amending section
552a of Title 5, Government Organization and Employees, and enacting
provisions set out as a note under section 431 of this title) may be
cited as the 'Central Intelligence Agency Information Act'.''
Pub. L. 97-200, 1, June 23, 1982, 96 Stat. 122, provided: ''That
this Act (enacting subchapter IV of this chapter) may be cited as the
'Intelligence Identities Protection Act of 1982'.''
Section 1 of act Aug. 10, 1949, provided that: ''This Act (enacting
sections 408 and 412 of this title and sections 171-1, 171t, 172, 172a
to 172d, and 172f to 172j of former Title 5, Executive Departments and
Government Officers and Employees, amending sections 151, 401, 402,
403d, 405, 410, 459, 481, and 494 of this title, sections 171, 171a,
171b to 171d, 171e to 171j, 171n, 171r, 172e, 411b, and 626c of former
Title 5, section 1748b of Title 12, Banks and Banking, section 1517 of
Title 15, Commerce and Trade, sections 474, 481 to 484, and 487 of Title
40, Public Buildings, Property, and Works, section 364a of Title 43,
Public Lands, sections 1156 and 1157 of Title 49 App., Transportation,
and section 1193 of the Appendix to this title, and enacting provisions
set out as notes under this section and sections 171 and 171c of former
Title 5) may be cited as the 'National Security Act Amendments of
1949'.''
Section 1 of act July 26, 1947, provided: ''That this Act (enacting
sections 401 to 403, 404, 405, and 408 to 412 of this title and sections
171, 171-1, 171-2, 171a, 171b to 171d, 171e to 171j, 171k to 171m, 171n,
172, 172a to 172d, 172f to 172j, 181-1, 181-2, 411a, 411b, 626, 626a to
626c, and 626d of former Title 5, Executive Department and Government
Officers and Employees, amending sections 1, 11, and 172e of former
Title 5, section 1517 of Title 15, Commerce and Trade, and section 72 of
former Title 31, Money and Finance, and enacting provisions set out as
notes under this section and section 135 of Title 10, Armed Forces) may
be cited as the 'National Security Act of 1947'.''
Distribution of repealed sections of National Security Act of 1947,
which were classified to former Title 5, are covered by Title 10, Armed
Forces, except as noted, as follows:
Section 12(g) of act Aug. 10, 1949, provided: ''All laws, orders,
regulations, and other actions relating to the National Military
Establishment, the Departments of the Army, the Navy, or the Air Force,
or to any officer or activity of such establishment or such departments,
shall, except to the extent inconsistent with the provisions of this Act
(see Short Title of 1949 Amendment note set out above), have the same
effect as if this Act had not been enacted; but, after the effective
date of this Act (Aug. 10, 1949), any such law, order, regulation, or
other action which vested functions in or otherwise related to any
officer, department, or establishment, shall be deemed to have vested
such function in or relate to the officer or department, executive or
military, succeeding the officer, department, or establishment in which
such function was vested. For purposes of this subsection the
Department of Defense shall be deemed the department succeeding the
National Military Establishment, and the military departments of Army,
Navy, and Air Force shall be deemed the departments succeeding the
Executive Departments of Army, Navy, and Air Force.''
Section 309 of act July 26, 1947, provided: ''If any provision of
this Act (see Short Title note above) or the application thereof to any
person or circumstances is held invalid, the validity of the remainder
of the Act and of the application of such provision to other persons and
circumstances shall not be affected thereby.''
(Section 310(a) of act July 26, 1947, set out as an Effective Date
note above, provided that section 309 of act July 26, 1947, is effective
July 26, 1947.)
Pub. L. 102-190, div. A, title X, 1082, Dec. 5, 1991, 105 Stat.
1480, provided that:
''(a) Public Availability of Information. -- (1) Except as provided
in subsection (b), the Secretary of Defense shall, with respect to any
information referred to in paragraph (2), place the information in a
suitable library-like location within a facility within the National
Capital region for public review and photocopying.
''(2)(A) Paragraph (1) applies to any record, live-sighting report,
or other information in the custody of the Department of Defense that
relates to the location, treatment, or condition of any Vietnam-era
POW/MIA on or after the date on which the Vietnam-era POW/MIA passed
from United States control into a status classified as a prisoner of war
or missing in action, as the case may be, until that individual is
returned to United States control.
''(B) For purposes of this section, a Vietnam-era POW/MIA is any
member of the Armed Forces or civilian employee of the United States who
was at any time classified as a prisoner of war or missing in action
during the Vietnam era and whose person or remains have not been
returned to United States control.
''(b) Exceptions. -- (1) The Secretary of Defense may not make a
record or other information available to the public pursuant to
subsection (a) if --
''(A) the record or other information is exempt from the disclosure
requirements of section 552 of title 5, United States Code, by reason of
subsection (b) of that section; or
''(B) the record or other information is in a system of records
exempt from the requirements of subsection (d) of section 552a of such
title pursuant to subsection (j) or (k) of that section.
''(2) The Secretary of Defense may not make a record or other
information available to the public pursuant to subsection (a) if the
record or other information specifically mentions a person by name
unless --
''(A) in the case of a person who is alive (and not incapacitated)
and whose whereabouts are known, that person expressly consents in
writing to the disclosure of the record or other information; or
''(B) in the case of a person who is dead or incapacitated or whose
whereabouts are unknown, a family member or family members of that
person determined by the Secretary of Defense to be appropriate for such
purpose expressly consent in writing to the disclosure of the record or
other information.
''(3)(A) The limitation on disclosure in paragraph (2) does not apply
in the case of a person who is dead or incapacitated or whose
whereabouts are unknown if the family member or members of that person
determined pursuant to subparagraph (B) of that paragraph cannot be
located after a reasonable effort.
''(B) Paragraph (2) does not apply to the access of an adult member
of the family of a person to any record or information to the extent
that the record or other information relates to that person.
''(C) The authority of a person to consent to disclosure of a record
or other information for the purposes of paragraph (2) may be delegated
to another person or an organization only by means of an express legal
power of attorney granted by the person authorized by that paragraph to
consent to the disclosure.
''(c) Deadlines. -- (1) In the case of records or other information
that are required by subsection (a) to be made available to the public
and that are in the custody of the Department of Defense on the date of
the enactment of this Act (Dec. 5, 1991), the Secretary shall make such
records and other information available to the public pursuant to this
section not later than three years after that date. Such records or
other information shall be made available as soon as a review carried
out for the purposes of subsection (b) is completed.
''(2) Whenever after March 1, 1992, a department or agency of the
Federal Government receives any record or other information referred to
in subsection (a) that is required by this section to be made available
to the public, the head of that department or agency shall ensure that
such record or other information is provided to the Secretary of
Defense, and the Secretary shall make such record or other information
available in accordance with subsection (a) as soon as possible and, in
any event, not later than one year after the date on which the record or
information is received by the department or agency of the Federal
Government.
''(3) If the Secretary of Defense determines that the disclosure of
any record or other information referred to in subsection (a) by the
date required by paragraph (1) or (2) may compromise the safety of a
Vietnam-era POW/MIA who may still be alive in Southeast Asia, then the
Secretary may withhold that record or other information from the
disclosure otherwise required by this section. Whenever the Secretary
makes a determination under the preceding sentence, the Secretary shall
immediately notify the President and the Congress of that determination.
''(d) Definition. -- For purposes of this section, the term 'Vietnam
era' has the meaning given that term in section 101 of title 38, United
States Code.''
Pub. L. 101-511, title VIII, 8104, Nov. 5, 1990, 104 Stat. 1898, as
amended by Pub. L. 102-172, title VIII, 8078, Nov. 26, 1991, 105 Stat.
1189, provided that:
''SECTION 1. This section establishes the National Commission on
Defense and National Security.
''SEC. 2. FINDINGS.
''The Congress makes the following findings:
''(1) Recent revolutionary world events require a fundamental
reassessment of the defense and national security policies of the United
States.
''(2) Emerging democracies around the world will require political,
technical, and economic assistance, as well as military assistance, from
the developed free nations in order to thrive and to become productive
members of the world community.
''(3) Real and potential military threats to the United States and
its allies will continue to exist for the foreseeable future from not
just the Soviet Union but also from terrorism and from Third World
nations.
''(4) Proliferation of both sophisticated conventional weapons and of
nuclear weapons could produce a world more dangerous than we have faced
in the past.
''(5) Ethnic rivalries as well as economic inequalities may produce
instabilities that could spark serious conflict.
''(6) In order to formulate coherent national policies to meet these
challenges of a new world environment, it is essential for the United
States to achieve a bipartisan consensus such as that which emerged
following World War II.
''(7) Such a consensus can be fostered by the development of policy
recommendations from a highly respected group of individuals who do not
bear a partisan label and who possess critical expertise and experience.
''SEC. 3. ESTABLISHMENT.
''There is established a commission to be known as (the) National
Commission on Defense and National Security (hereinafter in this Act
referred to as the 'Commission'). The Commission is established until
30 days following submission of the final report required by section 6
of this section.
''SEC. 4. DUTIES OF COMMISSION.
''(a) In General. -- The Commission shall analyze and make
recommendations to the President and Congress concerning the national
security and national defense policies of the United States.
''(b) Matters To Be Analyzed. -- Matters to be analyzed by the
Commission shall include the following:
''(1) The world-wide interests, goals, and objectives of the United
States that are vital to the national security of the United States.
''(2) The political, economic, and military developments around the
world and the implications of those developments for United States
national security interests, including --
''(A) the developments in Eastern Europe and the Soviet Union;
''(B) the question of German unification;
''(C) the future of NATO and European economic integration;
''(D) the future of the Pacific Basin; and
''(E) potential instability resulting from regional conflicts or
economic problems in the developing world.
''(3) The foreign policy, world-wide commitments, and national
defense capabilities of the United States necessary to deter aggression
and implement the national security strategy of the United States,
including the contribution that can be made by bilateral and
multilateral political and economic associations in promoting interests
that the United States shares with other members of the world community.
''(4) The proposed short-term uses of the political, economic,
military, and other elements of national power for the United States to
protect or promote the interests and to achieve the goals and objectives
referred to in paragraph (1).
''(5) Long-term options that should be considered further for a
number of potential courses of world events over the remainder of the
century and into the next century.
''SEC. 5. MEMBERSHIP.
''(a) Number and Appointment. -- The Commission shall be composed of
10 members, as follows:
''(1) Three appointed by the President.
''(2) Three appointed by the Speaker of the House of Representatives.
''(3) One appointed by the minority leader of the House of
Representatives.
''(4) Two appointed by the majority leader of the Senate.
''(5) One appointed by the minority leader of the Senate.
''(b) Qualifications. -- Persons appointed to the Commission shall be
persons who are not officers or employees of the Federal Government
(including Members of Congress) and who are specially qualified to serve
on the Commission by virtue of their education, training, or experience.
''(c) Terms. -- Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
''(d) Basic Pay. -- Members of the Commission shall serve without
pay.
''(e) Quorum. -- A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
''(f) Chairman and Vice Chairman. -- The Chairman of the Commission
shall be designated by the President from among the members appointed by
the President. The Vice Chairman of the Commission shall be designated
by the Speaker of the House of Representatives from among the members
appointed by the Speaker.
''(g) Meetings. -- The Commission shall meet at the call of the
Chairman or a majority of its members.
''(h) Deadline for Appointments. -- Members of the Commission shall
be appointed not later than the end of the 30-day period beginning on
the date of the enactment of this Act (Nov. 5, 1990).
''SEC. 6. REPORTS.
''(a) Initial Report. -- The Commission shall transmit to the
President and to Congress an initial report not later than six months
after the date on which the Commission is first constituted with a
quorum.
''(b) Final Report. -- The Commission shall transmit to the President
and to Congress a final report one year following submission of the
initial report under subsection (a).
''(c) Contents of Reports. -- The report under subsection (b) shall
contain a detailed statement of the findings and conclusions of the
Commission concerning the matters to be studied by the Commission under
section 4, together with its recommendations for such legislation and
administrative actions as it considers appropriate. Such report shall
include a comprehensive description and discussion of the matters set
forth in section 4.
''(d) Reports To Be Unclassified. -- Each such report shall be
submitted in unclassified form.
''(e) Additional and Minority Views. -- Each report may include such
additional and minority views as individual members of the Commission
may request be included.
''SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
''(a) Director. -- The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall be
appointed by the Chairman and who shall be paid at a rate not to exceed
the maximum rate of basic pay payable for GS-18 of the General Schedule.
''(b) Staff. -- The Chairman may appoint and fix the pay of such
additional personnel as the Chairman considers appropriate.
''(c) Applicability of Certain Civil Service Laws. -- The Director
and staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in the
competitive service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no individual
so appointed may receive pay in excess of the annual rate of basic pay
payable for GS-18 of the General Schedule.
''(d) Experts and Consultants. -- Subject to such rules as may be
prescribed by the Commission, the Chairman may procure temporary and
intermittent services under section 3109(b) of title 5 of the United
States Code, but at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-18 of
the General Schedule.
''(e) Staff of Federal Agencies. -- Upon request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Commission to assist the
Commission in carrying out its duties under this Act.
''SEC. 8. POWERS OF COMMISSION
''(a) Hearings and Sessions. -- The Commission may, for the purpose
of carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
Commission considers appropriate.
''(b) Powers of Members and Agents. -- Any member or agent of the
Commission may, if so authorized by the Commission, take any action
which the Commission is authorized to take by this section.
''(c) Obtaining Official Data. -- The Chairman or a designee on
behalf of the Chairman may request information necessary to enable the
Commission to carry out this Act directly from any department or agency
of the United States.
''(d) Gifts. -- The Commission may accept, use, and dispose of gifts
or donations of services or property.
''(e) Mails. -- The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
''(f) Administrative Support Services. -- The Administrator of
General Services shall provide to the Commission on a reimbursable basis
such administrative support services as the Commission may request.
''SEC. 9. INITIAL FUNDING OF COMMISSION.
''If funds are not otherwise available for the necessary expenses of
the Commission for fiscal year 1991, the Secretary of Defense shall make
available to the Commission, from funds available to the Secretary for
the fiscal year concerned, such funds as the Commission requires. When
funds are specifically appropriated for the expenses of the Commission,
the Commission shall reimburse the Secretary from such funds for any
funds provided to it under the preceding sentence.''
(References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I, 101(
c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title
5.)
Pub. L. 101-510, div. A, title IX, 907, Nov. 5, 1990, 104 Stat.
1622, provided that:
''(a) Revision of Priorities and Consolidation of Functions. -- The
Secretary of Defense, together with the Director of Central
Intelligence, shall conduct a joint review of all intelligence and
intelligence-related activities in the Tactical Intelligence and Related
Activities (TIARA) programs and the National Foreign Intelligence
Program (NFIP). The Secretary, together with the Director, shall take
the following actions with respect to those activities:
''(1) In cases in which redundancy or fragmentation exist,
consolidate functions, programs, organizations, and operations to
improve the efficiency and effectiveness of the conduct of those
intelligence activities or programs.
''(2) Revise intelligence collection and analysis priorities and
resource allocations to reflect changes in the international security
environment.
''(3) Strengthen joint intelligence functions, operations, and
organizations.
''(4) Improve the quality and independence of intelligence support to
the weapons acquisition process.
''(5) Improve the responsiveness and utility of national intelligence
systems and organizations to the needs of the combatant commanders.
''(b) Personnel Reductions. -- (1) The number of personnel assigned
or detailed to the National Foreign Intelligence Program and related
Tactical Intelligence and Related Activities programs shall be reduced
by not less than 5 percent of the number of such personnel described in
paragraph (2) during each of fiscal years 1992 through 1996.
''(2) The number of personnel referred to in paragraph (1) is the
number of personnel assigned or detailed to such programs on September
30, 1990.''
Pub. L. 100-453, title IV, 404, Sept. 29, 1988, 102 Stat. 1908,
provided that:
''(a) This section is enacted to ensure that current disclosure
policy is incorporated into law.
''(b) Except as provided in subsection (c), the head of each
department or agency --
''(1) with respect to which funds are authorized under this Act (see
Tables for classification), and
''(2) which holds or receives live sighting reports of any United
States citizen reported missing in action, prisoner of war, or
unaccounted for from the Vietnam Conflict,
shall make available to the next-of-kin of that United States citizen
all reports, or portions thereof, held by that department or agency
which have been correlated or possibly correlated to that citizen.
''(c) Subsection (b) does not apply with respect to --
''(1) information that would reveal or compromise sources and methods
of intelligence collection; or
''(2) specific information that previously has been made available to
the next-of-kin.
''(d) The head of each department or agency covered by subsection (a)
shall make information available under this section in a timely
manner.''
For provisions relating to the exercise of certain authority
respecting foreign intelligence electronic surveillance, see Ex. Ord.
No. 12139, May 23, 1979, 44 F.R. 30311, set out under section 1802 of
this title.
Section 12(f) of act Aug. 10, 1949, provided in part that: ''The
titles of the Secretary of Defense, the Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force, the Under
Secretaries and the Assistant Secretaries of the Departments of the
Army, Navy, and Air Force, the Chairman of the Munitions Board, and the
Chairman of the Research and Development Board, shall not be changed by
virtue of this Act (see Short Title of 1949 Amendment note set out
above) and the reappointment of the officials holding such titles on the
effective date of this Act (Aug. 10, 1949) shall not be required.''
Section 12(i) of act Aug. 10, 1949, provided that: ''Reorganization
Plan Numbered 8 of 1949, which was transmitted to the Congress by the
President on July 18, 1949 (set out in Appendix to Title 5, Government
Organization and Employees) pursuant to the provisions of the
Reorganization Act of 1949, shall not take effect, notwithstanding the
provisions of section 6 of such Reorganization Act of 1949.''
Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided:
1. There is hereby established a medal to be known as the National
Security Medal with accompanying ribbons and appurtenances. The medal
and its appurtenances shall be of appropriate design, approved by the
Executive Secretary of the National Security Council.
2. The National Security Medal may be awarded to any person, without
regard to nationality, including members of the armed forces of the
United States, for distinguished achievement or outstanding contribution
on or after July 26, 1947, in the field of intelligence relating to the
national security.
3. The decoration established by this order shall be awarded by the
President of the United States or, under regulations approved by him, by
such person or persons as he may designate.
4. No more than one National Security Medal shall be awarded to any
one person, but for subsequent services justifying an award, a suitable
device may be awarded to be worn with the Medal.
5. Members of the armed forces of the United States who are awarded
the decoration established by this order are authorized to wear the
medal and the ribbon symbolic of the award, as may be authorized by
uniform regulations approved by the Secretary of Defense.
6. The decoration established by this order may be awarded
posthumously.
Pursuant to Paragraph 2 of Executive Order 10431, the following
regulations are hereby issued to govern the award of the National
Security Medal:
1. The National Security Medal may be awarded to any person without
regard to nationality, including a member of the Armed Forces of the
United States, who, on or after 26 July 1947, has made an outstanding
contribution to the National intelligence effort. This contribution may
consist of either exceptionally meritorious service performed in a
position of high responsibility or of an act of valor requiring personal
courage of a high degree and complete disregard of personal safety.
2. The National Security Medal with accompanying ribbon and
appurtenances, shall be of appropriate design to be approved by the
Executive Secretary of the National Security Council.
3. The National Security Medal shall be awarded only by the President
or his designee for that purpose.
4. Recommendations may be submitted to the Executive Secretary of the
National Security Council by any individual having personal knowledge of
the facts of the exceptionally meritorious conduct or act of valor of
the candidate in the performance of outstanding services, either as an
eyewitness or from the testimony of others who have personal knowledge
or were eyewitnesses. Any recommendations shall be accompanied by
complete documentation, including where necessary, certificates,
affidavits or sworn transcripts of testimony. Each recommendation for
an award shall show the exact status, at the time of the rendition of
the service on which the recommendation is based, with respect to
citizenship, employment, and all other material factors, of the person
who is being recommended for the National Security Medal.
5. Each recommendation shall contain a draft of an appropriate
citation to accompany the award of the National Security Medal.
Ex. Ord. No. 10501, Nov. 5, 1953, 18 F.R. 7049, as amended by Ex.
Ord. No. 10816, May 7, 1959, 24 F.R. 3777; Ex. Ord. No. 10901, Jan. 9,
1961, 26 F.R. 217; Ex. Ord. No. 10964, Sept. 20, 1961, 26 F.R. 8932;
Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439; Ex. Ord. No. 11097,
Feb. 28, 1963, 28 F.R. 2225; Ex. Ord. No. 11382, Nov. 28, 1967, 32
F.R. 16247, which related to safeguarding official information, was
superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, formerly
set out below.
Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended by Ex.
Ord. No. 10909, Jan. 17, 1961, 26 F.R. 508; Ex. Ord. No. 11382, Nov.
28, 1967, 32 F.R. 16247, provided:
WHEREAS it is mandatory that the United States protect itself against
hostile or destructive activities by preventing unauthorized disclosures
of classified information relating to the national defense; and
WHEREAS it is a fundamental principle of our Government to protect
the interests of individuals against unreasonable or unwarranted
encroachment; and
WHEREAS I find that the provisions and procedures prescribed by this
order are necessary to assure the preservation of the integrity of
classified defense information and to protect the national interest;
and
WHEREAS I find that those provisions and procedures recognize the
interest of individuals affected thereby and provide maximum possible
safeguards to protect such interests:
NOW, THEREFORE, under and by virtue of the authority vested in me by
the Constitution and statutes of the United States, and as President of
the United States and as Commander in Chief of the armed forces of the
United States, it is hereby ordered as follows:
Section 1. (a) The Secretary of State, the Secretary of Defense, the
Commissioners of the Atomic Energy Commission, the Administrator of the
National Aeronautics and Space Administration, and the Secretary of
Transportation, respectively, shall, by regulation, prescribe such
specific requirements, restrictions, and other safeguards as they
consider necessary to protect (1) releases of classified information to
or within United States industry that relate to bidding on, or the
negotiation, award, performance, or termination, of, contracts with
their respective agencies, and (2) other releases of classified
information to or within industry that such agencies have responsibility
for safeguarding. So far as possible, regulations prescribed by them
under this order shall be uniform and provide for full cooperation among
the agencies concerned.
(b) Under agreement between the Department of Defense and any other
department or agency of the United States, including, but not limited
to, those referred to in subsection (c) of this section, regulations
prescribed by the Secretary of Defense under subsection (a) of this
section may be extended to apply to protect releases (1) of classified
information to or within United States industry that relate to bidding
on, or the negotiation, award, performance, or termination of, contracts
with such other department or agency, and (2) other releases of
classified information to or within industry which such other department
or agency has responsibility for safeguarding.
(c) When used in this order, the term ''head of a department'' means
the Secretary of State, the Secretary of Defense, the Commissioners of
the Atomic Energy Commission, the Administrator of the National
Aeronautics and Space Administration, the Secretary of Transportation,
the head of any other department or agency of the United States with
which the Department of Defense makes an agreement under subsection (b)
of this section, and, in sections 4 and 8, includes the Attorney
General. The term ''department'' means the Department of State, the
Department of Defense, the Atomic Energy Commission, the National
Aeronautics and Space Administration, the Department of Transportation,
any other department or agency of the United States with which the
Department of Defense makes an agreement under subsection (b) of this
section, and, in subsections 4 and 8, includes the Department of
Justice.
Sec. 2. An authorization for access to classified information may be
granted by the head of a department or his designee, including but not
limited to, those officials named in section 8 of this order, to an
individual, hereinafter termed an ''applicant'', for a specific
classification category only upon a finding that it is clearly
consistent with the national interest to do so.
Sec. 3. Except as provided in section 9 of this order, an
authorization for access to a specific classification category may not
be finally denied or revoked by the head of a department or his
designee, including, but not limited to, those officials named in
section 8 of this order, unless the applicant has been given the
following:
(1) A written statement of the reasons why his access authorization
may be denied or revoked, which shall be as comprehensive and detailed
as the national security permits.
(2) A reasonable opportunity to reply in writing under oath or
affirmation to the statement of reasons.
(3) After he has filed under oath or affirmation a written reply to
the statement of reasons, the form and sufficiency of which may be
prescribed by regulations issued by the head of the department
concerned, an opportunity to appear personally before the head of the
department concerned or his designee including, but not limited to,
those officials named in section 8 of this order for the purpose of
supporting his eligibility for access authorization and to present
evidence on his behalf.
(4) A reasonable time to prepare for that appearance.
(5) An opportunity to be represented by counsel.
(6) An opportunity to cross-examine persons either orally or through
written interrogatories in accordance with section 4 on matters not
relating to the characterization in the statement of reasons of any
organization or individual other than the applicant.
(7) A written notice of the final decision in his case which, if
adverse, shall specify whether the head of the department or his
designee, including, but not limited to, those officials named in
section 8 of this order, found for or against him with respect to each
allegation in the statement of reasons.
Sec. 4. (a) An applicant shall be afforded an opportunity to
cross-examine persons who have made oral or written statements adverse
to the applicant relating to a controverted issue except that any such
statement may be received and considered without affording such
opportunity in the circumstances described in either of the following
paragraphs:
(1) The head of the department supplying the statement certifies that
the person who furnished the information is a confidential informant who
has been engaged in obtaining intelligence information for the
Government and that disclosure of his identity would be substantially
harmful to the national interest.
(2) The head of the department concerned or his special designee for
that particular purpose has preliminarily determined, after considering
information furnished by the investigative agency involved as to the
reliability of the person and the accuracy of the statement concerned,
that the statement concerned appears to be reliable and material, and
the head of the department or such special designee has determined that
failure to receive and consider such statement would, in view of the
level of access sought, be substantially harmful to the national
security and that the person who furnished the information cannot appear
to testify (A) due to death, severe illness, or similar cause, in which
case the identity of the person and the information to be considered
shall be made available to the applicant, or (B) due to some other cause
determined by the head of the department to be good and sufficient.
(b) Whenever procedures under paragraphs (1) or (2) of subsection (a)
of this section are used (1) the applicant shall be given a summary of
the information which shall be as comprehensive and detailed as the
national security permits, (2) appropriate consideration shall be
accorded to the fact that the applicant did not have an opportunity to
cross-examine such person or persons, and (3) a final determination
adverse to the applicant shall be made only by the head of the
department based upon his personal review of the case.
Sec. 5. (a) Records compiled in the regular course of business, or
other physical evidence other than investigative reports, may be
received and considered subject to rebuttal without authenticating
witnesses, provided that such information has been furnished to the
department concerned by an investigative agency pursuant to its
responsibilities in connection with assisting the head of the department
concerned to safeguard classified information within industry pursuant
to this order.
(b) Records compiled in the regular course of business, or other
physical evidence other than investigative reports, relating to a
controverted issue which, because they are classified, may not be
inspected by the applicant, may be received and considered provided
that: (1) the head of the department concerned or his special designee
for that purpose has made a preliminary determination that such physical
evidence appears to be material, (2) the head of the department
concerned or such designee has made a determination that failure to
receive and consider such physical evidence would, in view of the level
of access sought, be substantially harmful to the national security, and
(3) to the extent that the national security permits, a summary or
description of such physical evidence is made available to the
applicant. In every such case, information as to the authenticity and
accuracy of such physical evidence furnished by the investigative agency
involved shall be considered. In such instances a final determination
adverse to the applicant shall be made only by the head of the
department based upon his personal review of the case.
Sec. 6. The Secretary of State, the Secretary of Defense, the
Administrator of the National Aeronautics and Space Administration, the
Secretary of Transportation, Federal Aviation Agency (now Federal
Aviation Administration), or his representative, or the head of any
other department or agency of the United States with which the
Department of Defense makes an agreement under section 1(b), or his
representative, may issue, in appropriate cases, invitations and
requests to appear and testify in order that the applicant may have the
opportunity to cross-examine as provided by this order. Whenever a
witness is so invited or requested to appear and testify at a proceeding
and the witness is an officer or employee of the executive branch of the
Government or a member of the armed forces of the United States, and the
proceeding involves the activity in connection with which the witness is
employed, travel expenses and per diem are authorized as provided by the
Standardized Government Travel Regulations or the Joint Travel
Regulations, as appropriate. In all other cases (including
non-Government employees as well as officers or employees of the
executive branch of the Government or members of the armed forces of the
United States not covered by the foregoing sentence), transportation in
kind and reimbursement for actual expenses are authorized in an amount
not to exceed the amount payable under Standardized Government Travel
Regulations. An officer or employee of the executive branch of the
Government or a member of the armed forces of the United States who is
invited or requested to appear pursuant to this paragraph shall be
deemed to be in the performance of his official duties. So far as the
national security permits, the head of the investigative agency involved
shall cooperate with the Secretary, the Administrator, or the head of
the other department or agency, as the case may be, in identifying
persons who have made statements adverse to the applicant and in
assisting him in making them available for cross-examination. If a
person so invited is an officer or employee of the executive branch of
the government or a member of the armed forces of the United States, the
head of the department or agency concerned shall cooperate in making
that person available for cross-examination.
Sec. 7. Any determination under this order adverse to an applicant
shall be a determination in terms of the national interest and shall in
no sense be a determination as to the loyalty of the applicant
concerned.
Sec. 8. Except as otherwise specified in the preceding provisions of
this order, any authority vested in the head of a department by this
order may be delegated to the
(1) Under Secretary of State or a Deputy Under Secretary of State, in
the case of authority vested in the Secretary of State;
(2) Deputy Secretary of Defense or an Assistant Secretary of Defense,
in the case of authority vested in the Secretary of Defense;
(3) General Manager of the Atomic Energy Commission, in the case of
authority vested in the Commissioners of the Atomic Energy Commission;
(4) Deputy Administrator of the National Aeronautics and Space
Administration, in the case of authority vested in the Administrator of
the National Aeronautics and Space Administration;
(5) Under Secretary of Transportation, in the case of authority
vested in the Secretary of Transportation;
(6) Deputy Attorney General or an Assistant Attorney General, in the
case of authority vested in the Attorney General; or
(7) the deputy of that department, or the principal assistant to the
head of that department, as the case may be, in the case of authority
vested in the head of a department or agency of the United States with
which the Department of Defense makes an agreement under section 1(b).
Sec. 9. Nothing contained in this order shall be deemed to limit or
affect the responsibility and powers of the head of a department to deny
or revoke access to a specific classification category if the security
of the nation so requires. Such authority may not be delegated and may
be exercised only when the head of a department determines that the
procedures prescribed in sections 3, 4, and 5 cannot be invoked
consistently with the national security and such determination shall be
conclusive.
Ex. Ord. No. 10865, Feb. 20, 1960, 25 F.R. 1583, as amended, set out
above, when referring to functions of the Atomic Energy Commission is
modified to provide that all such functions shall be exercised by the
Secretary of Energy and the Nuclear Regulatory Commission, see section
4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out
under section 7151 of Title 42, The Public Health and Welfare.
Ex. Ord. No. 10985, Jan. 12, 1962, 27 F.R. 439, which amended
Executive Order No. 10501, which related to safeguarding official
information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37
F.R. 5209, formerly set out below.
Ex. Ord. No. 11097, Feb. 28, 1963, 28 F.R. 2225, which amended
Executive Order No. 10501, which related to safeguarding official
information, was superseded by Ex. Ord. No. 11652, Mar. 8, 1972, 37
F.R. 5209, formerly set out below.
Ex. Ord. No. 11652, Mar. 8, 1972, 37 F.R. 5209, as amended by Ex.
Ord. No. 11714, Apr. 24, 1973, 38 F.R. 10245; Ex. Ord. No. 11862, June
11, 1975, 40 F.R. 25197; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F. R.
4957, which related to the classification and declassification of
national security information and material, was revoked by Ex. Ord.
No. 12065, June 28, 1978, 43 F.R. 28949, formerly set out below.
Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by Ex.
Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No. 11994, June
1, 1977, 42 F.R. 28869, which related to United States foreign
intelligence activities, was superseded by Ex. Ord. No. 12036, Jan.
24, 1978, 43 F.R. 3674, formerly set out below.
Ex. Ord. No. 11932, Aug. 4, 1976, 41 F.R. 32691, provided:
The United States has entered into the Agreement on an International
Energy Program of November 18, 1974, which created the International
Energy Agency. This program is a substantial factor in the conduct of
our foreign relations and an important element of our national security.
The effectiveness of the Agreement depends significantly upon the
provision and exchange of information and material by participants in
advisory bodies created by the International Energy Agency.
Confidentiality is essential to assure the free and open discussion
necessary to accomplish the tasks assigned to those bodies. I have
consulted with the Secretary of State, the Attorney General and the
Administrator of the Federal Energy Administration concerning the
handling and safeguarding of information and material in the possession
of the United States which has been obtained pursuant to the program,
and I find that some of such information and material requires
protection as provided in Executive Order No. 11652 of March 8, 1972,
as amended (formerly set out above).
NOW, THEREFORE, by virtue of the authority vested in me by the
Constitution and statutes of the United States, and as President of the
United States, it is hereby ordered as follows:
Section 1. Information and material obtained pursuant to the
International Energy Program and which requires protection against
unauthorized disclosure in the interest of the national defense or
foreign relations of the United States shall be classified pursuant to
Executive Order No. 11652 of March 8, 1972, as amended (formerly set
out above). The Secretary of State shall have the responsibility for
the classification, declassification and safeguarding of information and
material in the possession of the United States Government which has
been obtained pursuant to:
(a) Section 252(c)(3), (d)(2), or (e)(3) of the Energy Policy and
Conservation Act (89 Stat. 871; 42 U.S.C. 6272(c)(3), (d)(2), (e)(3)),
or
(b) The Voluntary Agreement and Program relating to the International
Energy Program (40 F.R. 16041, April 8, 1975), or
(c) Any similar Voluntary Agreement and Program entered into under
the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) after
the date of this Order.
Sec. 2. Information or material classified pursuant to Section 1 of
this Order may be exempted from the General Declassification Schedule
established by Section 5 of Executive Order No. 11652 (formerly set out
above) if it was obtained by the United States on the understanding that
it be kept in confidence, or if it might otherwise be exempted under
Section 5(B) of such Order.
Sec. 3. (a) Within 60 days of the date of this Order, the Secretary
of State shall promulgate regulations which implement his
responsibilities under this Order.
(b) The directives issued under Section 6 of Executive Order No.
11652 (formerly set out above) shall not apply to information and
material classified under this Order. However, the regulations
promulgated by the Secretary of State shall:
(1) conform, to the extent practicable, to the policies set forth in
Section 6 of Executive Order No. 11652 (formerly set out above), and
(2) provide that he may take such measures as he deems necessary and
appropriate to ensure the confidentiality of any information and
material classified under this Order that may remain in the custody or
control of any person outside the United States Government.
Gerald R. Ford.
Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by Ex.
Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to United
States foreign intelligence activities, was revoked by Ex. Ord. No.
12333, Dec. 4, 1981, 46 F.R. 59941, set out below.
Ex. Ord. No. 12065, June 28, 1978, 43 F.R. 28949, as amended by Ex.
Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept.
29, 1979, 44 F.R. 56673, which related to classification and
declassification of national security information and material, was
revoked by Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, set
out as a note below.
Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, provided:
Timely and accurate information about the activities, capabilities,
plans, and intentions of foreign powers, organizations, and persons, and
their agents, is essential to the national security of the United
States. All reasonable and lawful means must be used to ensure that the
United States will receive the best intelligence available. For that
purpose, by virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including the National
Security Act of 1947, as amended (see Short Title note above), and as
President of the United States of America, in order to provide for the
effective conduct of United States intelligence activities and the
protection of constitutional rights, it is hereby ordered as follows:
The United States intelligence effort shall provide the President and
the National Security Council with the necessary information on which to
base decisions concerning the conduct and development of foreign,
defense and economic policy, and the protection of United States
national interests from foreign security threats. All departments and
agencies shall cooperate fully to fulfill this goal.
(a) Maximum emphasis should be given to fostering analytical
competition among appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this
Order, and with full consideration of the rights of United States
persons, shall be used to develop intelligence information for the
President and the National Security Council. A balanced approach
between technical collection efforts and other means should be
maintained and encouraged.
(c) Special emphasis should be given to detecting and countering
espionage and other threats and activities directed by foreign
intelligence services against the United States Government, or United
States corporations, establishments, or persons.
(d) To the greatest extent possible consistent with applicable United
States law and this Order, and with full consideration of the rights of
United States persons, all agencies and departments should seek to
ensure full and free exchange of information in order to derive maximum
benefit from the United States intelligence effort.
(a) Purpose. The National Security Council (NSC) was established by
the National Security Act of 1947 (see Short Title note above) to advise
the President with respect to the integration of domestic, foreign and
military policies relating to the national security. The NSC shall act
as the highest Executive Branch entity that provides review of, guidance
for and direction to the conduct of all national foreign intelligence,
counterintelligence, and special activities, and attendant policies and
programs.
(b) Committees. The NSC shall establish such committees as may be
necessary to carry out its functions and responsibilities under this
Order. The NSC, or a committee established by it, shall consider and
submit to the President a policy recommendation, including all dissents,
on each special activity and shall review proposals for other sensitive
intelligence operations.
(a) Establishment and Duties. The Director of Central Intelligence
shall establish such boards, councils, or groups as required for the
purpose of obtaining advice from within the Intelligence Community
concerning:
(1) Production, review and coordination of national foreign
intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be referred by the Director of Central
Intelligence.
(b) Membership. Advisory groups established pursuant to this section
shall be chaired by the Director of Central Intelligence or his
designated representative and shall consist of senior representatives
from organizations within the Intelligence Community and from
departments or agencies containing such organizations, as designated by
the Director of Central Intelligence. Groups for consideration of
substantive intelligence matters will include representatives of
organizations involved in the collection, processing and analysis of
intelligence. A senior representative of the Secretary of Commerce, the
Attorney General, the Assistant to the President for National Security
Affairs, and the Office of the Secretary of Defense shall be invited to
participate in any group which deals with other than substantive
intelligence matters.
The agencies within the Intelligence Community shall, in accordance
with applicable United States law and with the other provisions of this
Order, conduct intelligence activities necessary for the conduct of
foreign relations and the protection of the national security of the
United States, including:
(a) Collection of information needed by the President, the National
Security Council, the Secretaries of State and Defense, and other
Executive Branch officials for the performance of their duties and
responsibilities;
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of
activities to protect against, intelligence activities directed against
the United States, international terrorist and international narcotics
activities, and other hostile activities directed against the United
States by foreign powers, organizations, persons, and their agents;
(d) Special activities;
(e) Administrative and support activities within the United States
and abroad necessary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct
from time to time.
In order to discharge the duties and responsibilities prescribed by
law, the Director of Central Intelligence shall be responsible directly
to the President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on
national foreign intelligence and provide the President and other
officials in the Executive Branch with national foreign intelligence;
(b) Develop such objectives and guidance for the Intelligence
Community as will enhance capabilities for responding to expected future
needs for national foreign intelligence;
(c) Promote the development and maintenance of services of common
concern by designated intelligence organizations on behalf of the
Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and
counterintelligence arrangements with foreign governments, coordinate
foreign intelligence and counterintelligence relationships between
agencies of the Intelligence Community and the intelligence or internal
security services of foreign governments, and establish procedures
governing the conduct of liaison by any department or agency with such
services on narcotics activities;
(f) Participate in the development of procedures approved by the
Attorney General governing criminal narcotics intelligence activities
abroad to ensure that these activities are consistent with foreign
intelligence programs;
(g) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign
intelligence systems, information, and products;
(h) Ensure that programs are developed which protect intelligence
sources, methods, and analytical procedures;
(i) Establish uniform criteria for the determination of relative
priorities for the transmission of critical national foreign
intelligence, and advise the Secretary of Defense concerning the
communications requirements of the Intelligence Community for the
transmission of such intelligence;
(j) Establish appropriate staffs, committees, or other advisory
groups to assist in the execution of the Director's responsibilities;
(k) Have full responsibility for production and dissemination of
national foreign intelligence, and authority to levy analytic tasks on
departmental intelligence production organizations, in consultation with
those organizations, ensuring that appropriate mechanisms for
competitive analysis are developed so that diverse points of view are
considered fully and differences of judgment within the Intelligence
Community are brought to the attention of national policymakers;
(l) Ensure the timely exploitation and dissemination of data gathered
by national foreign intelligence collection means, and ensure that the
resulting intelligence is disseminated immediately to appropriate
government entities and military commands;
(m) Establish mechanisms which translate national foreign
intelligence objectives and priorities approved by the NSC into specific
guidance for the Intelligence Community, resolve conflicts in tasking
priority, provide to departments and agencies having information
collection capabilities that are not part of the National Foreign
Intelligence Program advisory tasking concerning collection of national
foreign intelligence, and provide for the development of plans and
arrangements for transfer of required collection tasking authority to
the Secretary of Defense when directed by the President;
(n) Develop, with the advice of the program managers and departments
and agencies concerned, the consolidated National Foreign Intelligence
Program budget, and present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National
Foreign Intelligence Program funds, in accordance with guidelines
established by the Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation,
and, as necessary, conduct program and performance audits and
evaluations;
(q) Together with the Secretary of Defense, ensure that there is no
unnecessary overlap between national foreign intelligence programs and
Department of Defense intelligence programs consistent with the
requirement to develop competitive analysis, and provide to and obtain
from the Secretary of Defense all information necessary for this
purpose;
(r) In accordance with law and relevant procedures approved by the
Attorney General under this Order, give the heads of the departments and
agencies access to all intelligence, developed by the CIA or the staff
elements of the Director of Central Intelligence, relevant to the
national intelligence needs of the departments and agencies; and
(s) Facilitate the use of national foreign intelligence products by
Congress in a secure manner.
(a) The heads of all Executive Branch departments and agencies shall,
in accordance with law and relevant procedures approved by the Attorney
General under this Order, give the Director of Central Intelligence
access to all information relevant to the national intelligence needs of
the United States, and shall give due consideration to the requests from
the Director of Central Intelligence for appropriate support for
Intelligence Community activities.
(b) The heads of departments and agencies involved in the National
Foreign Intelligence Program shall ensure timely development and
submission to the Director of Central Intelligence by the program
managers and heads of component activities of proposed national programs
and budgets in the format designated by the Director of Central
Intelligence, and shall also ensure that the Director of Central
Intelligence is provided, in a timely and responsive manner, all
information necessary to perform the Director's program and budget
responsibilities.
(c) The heads of departments and agencies involved in the National
Foreign Intelligence Program may appeal to the President decisions by
the Director of Central Intelligence on budget or reprogramming matters
of the National Foreign Intelligence Program.
The heads of departments and agencies with organizations in the
Intelligence Community or the heads of such organizations, as
appropriate, shall:
(a) Report to the Attorney General possible violations of federal
criminal laws by employees and of specified federal criminal laws by any
other person as provided in procedures agreed upon by the Attorney
General and the head of the department or agency concerned, in a manner
consistent with the protection of intelligence sources and methods, as
specified in those procedures;
(b) In any case involving serious or continuing breaches of security,
recommend to the Attorney General that the case be referred to the FBI
for further investigation;
(c) Furnish the Director of Central Intelligence and the NSC, in
accordance with applicable law and procedures approved by the Attorney
General under this Order, the information required for the performance
of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep the Director
of Central Intelligence appropriately informed, concerning any
intelligence activities of their organizations that they have reason to
believe may be unlawful or contrary to Executive order or Presidential
directive;
(e) Protect intelligence and intelligence sources and methods from
unauthorized disclosure consistent with guidance from the Director of
Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments under
arrangements established or agreed to by the Director of Central
Intelligence;
(g) Participate in the development of procedures approved by the
Attorney General governing production and dissemination of intelligence
resulting from criminal narcotics intelligence activities abroad if
their departments, agencies, or organizations have intelligence
responsibilities for foreign or domestic narcotics production and
trafficking;
(h) Instruct their employees to cooperate fully with the Intelligence
Oversight Board; and
(i) Ensure that the Inspectors General and General Counsels for their
organizations have access to any information necessary to perform their
duties assigned by this Order.
All duties and responsibilities of the CIA shall be related to the
intelligence functions set out below. As authorized by this Order; the
National Security Act of 1947, as amended (see Short Title note above);
the CIA Act of 1949, as amended (see Short Title of 1949 Amendment note
above); appropriate directives or other applicable law, the CIA shall:
(a) Collect, produce and disseminate foreign intelligence and
counterintelligence, including information not otherwise obtainable.
The collection of foreign intelligence or counterintelligence within the
United States shall be coordinated with the FBI as required by
procedures agreed upon by the Director of Central Intelligence and the
Attorney General;
(b) Collect, produce and disseminate intelligence on foreign aspects
of narcotics production and trafficking;
(c) Conduct counterintelligence activities outside the United States
and, without assuming or performing any internal security functions,
conduct counterintelligence activities within the United States in
coordination with the FBI as required by procedures agreed upon (by) the
Director of Central Intelligence and the Attorney General;
(d) Coordinate counterintelligence activities and the collection of
information not otherwise obtainable when conducted outside the United
States by other departments and agencies;
(e) Conduct special activities approved by the President. No agency
except the CIA (or the Armed Forces of the United States in time of war
declared by Congress or during any period covered by a report from the
President to the Congress under the War Powers Resolution (87 Stat.
855) (50 U.S.C. 1541 et seq.)) may conduct any special activity unless
the President determines that another agency is more likely to achieve a
particular objective;
(f) Conduct services of common concern for the Intelligence Community
as directed by the NSC;
(g) Carry out or contract for research, development and procurement
of technical systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities,
information, property, and employees by appropriate means, including
such investigations of applicants, employees, contractors, and other
persons with similar associations with the CIA as are necessary; and
(i) Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform the
functions described in sections (a) and (sic) through (h) above,
including procurement and essential cover and proprietary arrangements.
The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign
policy concerns;
(b) Produce and disseminate foreign intelligence relating to United
States foreign policy as required for the execution of the Secretary's
responsibilities;
(c) Disseminate, as appropriate, reports received from United States
diplomatic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community to
the Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory
responsibilities for direction and coordination of mission activities.
The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the Department of State in the overt collection
of general foreign economic information;
(c) Produce and disseminate foreign intelligence relating to United
States economic policy as required for the execution of the Secretary's
responsibilities; and
(d) Conduct, through the United States Secret Service, activities to
determine the existence and capability of surveillance equipment being
used against the President of the United States, the Executive Office of
the President, and, as authorized by the Secretary of the Treasury or
the President, other Secret Service protectees and United States
officials. No information shall be acquired intentionally through such
activities except to protect against such surveillance, and those
activities shall be conducted pursuant to procedures agreed upon by the
Secretary of the Treasury and the Attorney General.
The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to
collection tasking by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-related
foreign intelligence and counterintelligence as required for execution
of the Secretary's responsibilities;
(c) Conduct programs and missions necessary to fulfill national,
departmental and tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of Department
of Defense components outside the United States in coordination with the
CIA, and within the United States in coordination with the FBI pursuant
to procedures agreed upon by the Secretary of Defense and the Attorney
General;
(e) Conduct, as the executive agent of the United States Government,
signals intelligence and communications security activities, except as
otherwise directed by the NSC;
(f) Provide for the timely transmission of critical intelligence, as
defined by the Director of Central Intelligence, within the United
States Government;
(g) Carry out or contract for research, development and procurement
of technical systems and devices relating to authorized intelligence
functions;
(h) Protect the security of Department of Defense installations,
activities, property, information, and employees by appropriate means,
including such investigations of applicants, employees, contractors, and
other persons with similar associations with the Department of Defense
as are necessary;
(i) Establish and maintain military intelligence relationships and
military intelligence exchange programs with selected cooperative
foreign defense establishments and international organizations, and
ensure that such relationships and programs are in accordance with
policies formulated by the Director of Central Intelligence;
(j) Direct, operate, control and provide fiscal management for the
National Security Agency and for defense and military intelligence and
national reconnaissance entities; and
(k) Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform the
functions described in sections (a) through (j) above.
In carrying out the responsibilities assigned in section 1.11, the
Secretary of Defense is authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall
include:
(1) Collection, production, or, through tasking and coordination,
provision of military and military-related intelligence for the
Secretary of Defense, the Joint Chiefs of Staff, other Defense
components, and, as appropriate, non-Defense agencies;
(2) Collection and provision of military intelligence for national
foreign intelligence and counterintelligence products;
(3) Coordination of all Department of Defense intelligence collection
requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence staff
support as directed by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization
for signals intelligence activities, except for the delegation of
operational control over certain operations that are conducted through
other elements of the Intelligence Community. No other department or
agency may engage in signals intelligence activities except pursuant to
a delegation by the Secretary of Defense;
(2) Control of signals intelligence collection and processing
activities, including assignment of resources to an appropriate agent
for such periods and tasks as required for the direct support of
military commanders;
(3) Collection of signals intelligence information for national
foreign intelligence purposes in accordance with guidance from the
Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign
intelligence purposes in accordance with guidance from the Director of
Central Intelligence;
(5) Dissemination of signals intelligence information for national
foreign intelligence purposes to authorized elements of the Government,
including the military services, in accordance with guidance from the
Director of Central Intelligence;
(6) Collection, processing and dissemination of signals intelligence
information for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of
military operations in accordance with tasking, priorities, and
standards of timeliness assigned by the Secretary of Defense. If
provision of such support requires use of national collection systems,
these systems will be tasked within existing guidance from the Director
of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as
executive agent for the communications security of the United States
Government;
(9) Conduct of research and development to meet the needs of the
United States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities,
property, information, and employees by appropriate means, including
such investigations of applicants, employees, contractors, and other
persons with similar associations with the NSA as are necessary;
(11) Prescribing, within its field of authorized operations, security
regulations covering operating practices, including the transmission,
handling and distribution of signals intelligence and communications
security material within and among the elements under control of the
Director of the NSA, and exercising the necessary supervisory control to
ensure compliance with the regulations;
(12) Conduct of foreign cryptologic liaison relationships, with
liaison for intelligence purposes conducted in accordance with policies
formulated by the Director of Central Intelligence; and
(13) Conduct of such administrative and technical support activities
within and outside the United States as are necessary to perform the
functions described in sections (1) through (12) above, including
procurement.
(c) Offices for the collection of specialized intelligence through
reconnaissance programs, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized
intelligence;
(2) Responding to tasking in accordance with procedures established
by the Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies for
research, development, procurement, and operation of designated means of
collection.
(d) The foreign intelligence and counterintelligence elements of the
Army, Navy, Air Force, and Marine Corps, whose responsibilities shall
include:
(1) Collection, production and dissemination of military and
military-related foreign intelligence and counterintelligence, and
information on the foreign aspects of narcotics production and
trafficking. When collection is conducted in response to national
foreign intelligence requirements, it will be conducted in accordance
with guidance from the Director of Central Intelligence. Collection of
national foreign intelligence, not otherwise obtainable, outside the
United States shall be coordinated with the CIA, and such collection
within the United States shall be coordinated with the FBI;
(2) Conduct of counterintelligence activities outside the United
States in coordination with the CIA, and within the United States in
coordination with the FBI; and
(3) Monitoring of the development, procurement and management of
tactical intelligence systems and equipment and conducting related
research, development, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate for
conduct of the intelligence missions and responsibilities assigned to
the Secretary of Defense. If such other offices are used for
intelligence purposes, the provisions of Part 2 of this Order shall
apply to those offices when used for those purposes.
The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting
information with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the
Secretary's responsibilities;
(c) Participate in formulating intelligence collection and analysis
requirements where the special expert capability of the Department can
contribute; and
(d) Provide expert technical, analytical and research capability to
other agencies within the Intelligence Community.
Under the supervision of the Attorney General and pursuant to such
regulations as the Attorney General may establish, the Director of the
FBI shall:
(a) Within the United States conduct counterintelligence and
coordinate counterintelligence activities of other agencies within the
Intelligence Community. When a counterintelligence activity of the FBI
involves military or civilian personnel of the Department of Defense,
the FBI shall coordinate with the Department of Defense;
(b) Conduct counterintelligence activities outside the United States
in coordination with the CIA as required by procedures agreed upon by
the Director of Central Intelligence and the Attorney General;
(c) Conduct within the United States, when requested by officials of
the Intelligence Community designated by the President, activities
undertaken to collect foreign intelligence or support foreign
intelligence collection requirements of other agencies within the
Intelligence Community, or, when requested by the Director of the
National Security Agency, to support the communications security
activities of the United States Government;
(d) Produce and disseminate foreign intelligence and
counterintelligence; and
(e) Carry out or contract for research, development and procurement
of technical systems and devices relating to the functions authorized
above.
Accurate and timely information about the capabilities, intentions
and activities of foreign powers, organizations, or persons and their
agents is essential to informed decisionmaking in the areas of national
defense and foreign relations. Collection of such information is a
priority objective and will be pursued in a vigorous, innovative and
responsible manner that is consistent with the Constitution and
applicable law and respectful of the principles upon which the United
States was founded.
This Order is intended to enhance human and technical collection
techniques, especially those undertaken abroad, and the acquisition of
significant foreign intelligence, as well as the detection and
countering of international terrorist activities and espionage conducted
by foreign powers. Set forth below are certain general principles that,
in addition to and consistent with applicable laws, are intended to
achieve the proper balance between the acquisition of essential
information and protection of individual interests. Nothing in this
Order shall be construed to apply to or interfere with any authorized
civil or criminal law enforcement responsibility of any department or
agency.
Agencies within the Intelligence Community are authorized to collect,
retain or disseminate information concerning United States persons only
in accordance with procedures established by the head of the agency
concerned and approved by the Attorney General, consistent with the
authorities provided by Part 1 of this Order. Those procedures shall
permit collection, retention and dissemination of the following types of
information:
(a) Information that is publicly available or collected with the
consent of the person concerned;
(b) Information constituting foreign intelligence or
counterintelligence, including such information concerning corporations
or other commercial organizations. Collection within the United States
of foreign intelligence not otherwise obtainable shall be undertaken by
the FBI or, when significant foreign intelligence is sought, by other
authorized agencies of the Intelligence Community, provided that no
foreign intelligence collection by such agencies may be undertaken for
the purpose of acquiring information concerning the domestic activities
of United States persons;
(c) Information obtained in the course of a lawful foreign
intelligence, counterintelligence, international narcotics or
international terrorism investigation;
(d) Information needed to protect the safety of any persons or
organizations, including those who are targets, victims or hostages of
international terrorist organizations;
(e) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized disclosure.
Collection within the United States shall be undertaken by the FBI
except that other agencies of the Intelligence Community may also
collect such information concerning present or former employees, present
or former intelligence agency contractors or their present or former
employees, or applicants for any such employment or contracting;
(f) Information concerning persons who are reasonably believed to be
potential sources or contacts for the purpose of determining their
suitability or credibility;
(g) Information arising out of a lawful personnel, physical or
communications security investigation;
(h) Information acquired by overhead reconnaissance not directed at
specific United States persons;
(i) Incidentally obtained information that may indicate involvement
in activities that may violate federal, state, local or foreign laws;
and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may
disseminate information, other than information derived from signals
intelligence, to each appropriate agency within the Intelligence
Community for purposes of allowing the recipient agency to determine
whether the information is relevant to its responsibilities and can be
retained by it.
Agencies within the Intelligence Community shall use the least
intrusive collection techniques feasible within the United States or
directed against United States persons abroad. Agencies are not
authorized to use such techniques as electronic surveillance,
unconsented physical search, mail surveillance, physical surveillance,
or monitoring devices unless they are in accordance with procedures
established by the head of the agency concerned and approved by the
Attorney General. Such procedures shall protect constitutional and
other legal rights and limit use of such information to lawful
governmental purposes. These procedures shall not authorize:
(a) The CIA to engage in electronic surveillance within the United
States except for the purpose of training, testing, or conducting
countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by agencies
other than the FBI, except for:
(1) Searches by counterintelligence elements of the military services
directed against military personnel within the United States or abroad
for intelligence purposes, when authorized by a military commander
empowered to approve physical searches for law enforcement purposes,
based upon a finding of probable cause to believe that such persons are
acting as agents of foreign powers; and
(2) Searches by CIA of personal property of non-United States persons
lawfully in its possession.
(c) Physical surveillance of a United States person in the United
States by agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or
former intelligence agency contractors or their present or former
employees, or applicants for any such employment or contracting; and
(2) Physical surveillance of a military person employed by a
nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to collect
foreign intelligence, except to obtain significant information that
cannot reasonably be acquired by other means.
The Attorney General hereby is delegated the power to approve the use
for intelligence purposes, within the United States or against a United
States person abroad, of any technique for which a warrant would be
required if undertaken for law enforcement purposes, provided that such
techniques shall not be undertaken unless the Attorney General has
determined in each case that there is probable cause to believe that the
technique is directed against a foreign power or an agent of a foreign
power. Electronic surveillance, as defined in the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), shall be conducted in
accordance with that Act, as well as this Order.
Agencies within the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the
purpose of protecting the employees, information, property and
facilities of any agency within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate in
law enforcement activities to investigate or prevent clandestine
intelligence activities by foreign powers, or international terrorist or
narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance
of expert personnel for use by any department or agency, or, when lives
are endangered, to support local law enforcement agencies. Provision of
assistance by expert personnel shall be approved in each case by the
General Counsel of the providing agency; and
(d) Render any other assistance and cooperation to law enforcement
authorities not precluded by applicable law.
Agencies within the Intelligence Community are authorized to enter
into contracts or arrangements for the provision of goods or services
with private companies or institutions in the United States and need not
reveal the sponsorship of such contracts or arrangements for authorized
intelligence purposes. Contracts or arrangements with academic
institutions may be undertaken only with the consent of appropriate
officials of the institution.
Nothing in this Order shall be construed to authorize any activity in
violation of the Constitution or statutes of the United States.
No one acting on behalf of agencies within the Intelligence Community
may join or otherwise participate in any organization in the United
States on behalf of any agency within the Intelligence Community without
disclosing his intelligence affiliation to appropriate officials of the
organization, except in accordance with procedures established by the
head of the agency concerned and approved by the Attorney General. Such
participation shall be authorized only if it is essential to achieving
lawful purposes as determined by the agency head or designee. No such
participation may be undertaken for the purpose of influencing the
activity of the organization or its members except in cases where:
(a) The participation is undertaken on behalf of the FBI in the
course of a lawful investigation; or
(b) The organization concerned is composed primarily of individuals
who are not United States persons and is reasonably believed to be
acting on behalf of a foreign power.
No agency within the Intelligence Community shall sponsor, contract
for or conduct research on human subjects except in accordance with
guidelines issued by the Department of Health and Human Services. The
subject's informed consent shall be documented as required by those
guidelines.
No person employed by or acting on behalf of the United States
Government shall engage in, or conspire to engage in, assassination.
No agency of the Intelligence Community shall participate in or
request any person to undertake activities forbidden by this Order.
The duties and responsibilities of the Director of Central
Intelligence and the heads of other departments, agencies, and entities
engaged in intelligence activities to cooperate with the Congress in the
conduct of its responsibilities for oversight of intelligence activities
shall be as provided in title 50, United States Code, section 413. The
requirements of section 662 of the Foreign Assistance Act of 1961, as
amended (22 U.S.C. 2422), and section 501 of the National Security Act
of 1947, as amended (50 U.S.C. 413), shall apply to all special
activities as defined in this Order.
The NSC, the Secretary of Defense, the Attorney General, and the
Director of Central Intelligence shall issue such appropriate directives
and procedures as are necessary to implement this Order. Heads of
agencies within the Intelligence Community shall issue appropriate
supplementary directives and procedures consistent with this Order. The
Attorney General shall provide a statement of reasons for not approving
any procedures established by the head of an agency in the Intelligence
Community other than the FBI. The National Security Council may
establish procedures in instances where the agency head and the Attorney
General are unable to reach agreement on other than constitutional or
other legal grounds.
Until the procedures required by this Order have been established,
the activities herein authorized which require procedures shall be
conducted in accordance with existing procedures or requirements
established under Executive Order No. 12036 (formerly set out above).
Procedures required by this Order shall be established as expeditiously
as possible. All procedures promulgated pursuant to this Order shall be
made available to the congressional intelligence committees.
For the purposes of this Order, the following terms shall have these
meanings:
(a) Counterintelligence means information gathered and activities
conducted to protect against espionage, other intelligence activities,
sabotage, or assassinations conducted for or on behalf of foreign
powers, organizations or persons, or international terrorist activities,
but not including personnel, physical, document or communications
security programs.
(b) Electronic surveillance means acquisition of a nonpublic
communication by electronic means without the consent of a person who is
a party to an electronic communication or, in the case of a
nonelectronic communication, without the consent of a person who is
visably (sic) present at the place of communication, but not including
the use of radio direction-finding equipment solely to determine the
location of a transmitter.
(c) Employee means a person employed by, assigned to or acting for an
agency within the Intelligence Community.
(d) Foreign intelligence means information relating to the
capabilities, intentions and activities of foreign powers, organizations
or persons, but not including counterintelligence except for information
on international terrorist activities.
(e) Intelligence activities means all activities that agencies within
the Intelligence Community are authorized to conduct pursuant to this
Order.
(f) Intelligence Community and agencies within the Intelligence
Community refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the collection
of specialized national foreign intelligence through reconnaissance
programs;
(5) The Bureau of Intelligence and Research of the Department of
State;
(6) The intelligence elements of the Army, Navy, Air Force, and
Marine Corps, the Federal Bureau of Investigation (FBI), the Department
of the Treasury, and the Department of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the programs
listed below, but its composition shall be subject to review by the
National Security Council and modification by the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense
Intelligence Program, and the programs of the offices within the
Department of Defense for the collection of specialized national foreign
intelligence through reconnaissance, except such elements as the
Director of Central Intelligence and the Secretary of Defense agree
should be excluded;
(3) Other programs of agencies within the Intelligence Community
designated jointly by the Director of Central Intelligence and the head
of the department or by the President as national foreign intelligence
or counterintelligence activities;
(4) Activities of the staff elements of the Director of Central
Intelligence;
(5) Activities to acquire the intelligence required for the planning
and conduct of tactical operations by the United States military forces
are not included in the National Foreign Intelligence Program.
(h) Special activities means activities conducted in support of
national foreign policy objectives abroad which are planned and executed
so that the role of the United States Government is not apparent or
acknowledged publicly, and functions in support of such activities, but
which are not intended to influence United States political processes,
public opinion, policies, or media and do not include diplomatic
activities or the collection and production of intelligence or related
support functions.
(i) United States person means a United States citizen, an alien
known by the intelligence agency concerned to be a permanent resident
alien, an unincorporated association substantially composed of United
States citizens or permanent resident aliens, or a corporation
incorporated in the United States, except for a corporation directed and
controlled by a foreign government or governments.
This Order is intended to control and provide direction and guidance
to the Intelligence Community. Nothing contained herein or in any
procedures promulgated hereunder is intended to confer any substantive
or procedural right or privilege on any person or organization.
Executive Order No. 12036 of January 24, 1978, as amended, entitled
''United States Intelligence Activities,'' is revoked.
Ronald Reagan.
Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by Ex.
Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, and in order to enhance the
security of the United States by assuring the legality of activities of
the Intelligence Community, it is hereby ordered as follows:
Section 1. There is hereby established within the White House
Office, Executive Office of the President, the President's Intelligence
Oversight Board, which shall be composed of three members. One member
shall be designated by the President as Chairman. Members of the Board
shall serve at the pleasure of the President and shall be appointed by
the President from among trustworthy and distinguished citizens outside
the Government who are qualified on the basis of achievement, experience
and independence. The Board shall utilize such full-time staff and
consultants as authorized by the President.
Sec. 2. The Board shall:
(a) Inform the President of intelligence activities that any member
of the Board believes are in violation of the Constitution or laws of
the United States, Executive orders, or Presidential directives;
(b) Forward to the Attorney General reports received concerning
intelligence activities that the Board believes may be unlawful;
(c) Review the internal guidelines of each agency within the
Intelligence Community concerning the lawfulness of intelligence
activities;
(d) Review the practices and procedures of the Inspectors General and
General Counsel of the Intelligence Community for discovering and
reporting intelligence activities that may be unlawful or contrary to
Executive order or Presidential directive; and
(e) Conduct such investigations as the Board deems necessary to carry
out its functions under this Order.
Sec. 3. The Board shall, when required by this Order, report directly
to the President. The Board shall consider and take appropriate action
with respect to matters identified by the Director of Central
Intelligence, the Central Intelligence Agency or other agencies of the
Intelligence Community. With respect to matters deemed appropriate by
the President, the Board shall advise and make appropriate
recommendations to the Director of Central Intelligence, the Central
Intelligence Agency, and other agencies of the Intelligence Community.
Sec. 4. The heads of departments and agencies of the Intelligence
Community shall, to the extent permitted by law, provide the Board with
all information necessary to carry out its responsibilities. Inspectors
General and General Counsel of the Intelligence Community shall, to the
extent permitted by law, report to the Board concerning intelligence
activities that they have reason to believe may be unlawful or contrary
to Executive order or Presidential directive.
Sec. 5. Information made available to the Board shall be given all
necessary security protection in accordance with applicable laws and
regulations. Each member of the Board, each member of the Board's
staff, and each of the Board's consultants shall execute an agreement
never to reveal any classified information obtained by virtue of his or
her service with the Board except to the President or to such persons as
the President may designate.
Sec. 6. Members of the Board shall serve without compensation, but
may receive transportation, expense, and per diem allowances as
authorized by law. Staff and consultants to the Board shall receive pay
and allowances as authorized by the President.
Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, provided:
This Order prescribes a uniform system for classifying,
declassifying, and safeguarding national security information. It
recognizes that it is essential that the public be informed concerning
the activities of its Government, but that the interests of the United
States and its citizens require that certain information concerning the
national defense and foreign relations be protected against unauthorized
disclosure. Information may not be classified under this Order unless
its disclosure reasonably could be expected to cause damage to the
national security.
NOW, by the authority vested in me as President by the Constitution
and laws of the United States of America, it is hereby ordered as
follows:
(a) National security information (hereinafter ''classified
information'') shall be classified at one of the following three levels:
(1) ''Top Secret'' shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause exceptionally
grave damage to the national security.
(2) ''Secret'' shall be applied to information, the unauthorized
disclosure of which reasonably could be expected to cause serious damage
to the national security.
(3) ''Confidential'' shall be applied to information, the
unauthorized disclosure of which reasonably could be expected to cause
damage to the national security.
(b) Except as otherwise provided by statute, no other terms shall be
used to identify classified information.
(c) If there is reasonable doubt about the need to classify
information, it shall be safeguarded as if it were classified pending a
determination by an original classification authority, who shall make
this determination within thirty (30) days. If there is reasonable
doubt about the appropriate level of classification, it shall be
safeguarded at the higher level of classification pending a
determination by an original classification authority, who shall make
this determination within thirty (30) days.
(a) Top Secret. The authority to classify information originally as
Top Secret may be exercised only by:
(1) the President;
(2) agency heads and officials designated by the President in the
Federal Register; and
(3) officials delegated this authority pursuant to Section 1.2(d).
(b) Secret. The authority to classify information originally as
Secret may be exercised only by:
(1) agency heads and officials designated by the President in the
Federal Register;
(2) officials with original Top Secret classification authority;
and
(3) officials delegated such authority pursuant to Section 1.2(d).
(c) Confidential. The authority to classify information originally
as Confidential may be exercised only by:
(1) agency heads and officials designated by the President in the
Federal Register;
(2) officials with original Top Secret or Secret classification
authority; and
(3) officials delegated such authority pursuant to Section 1.2(d).
(d) Delegation of Original Classification Authority.
(1) Delegations of original classification authority shall be limited
to the minimum required to administer this Order. Agency heads are
responsible for ensuring that designated subordinate officials have a
demonstrable and continuing need to exercise this authority.
(2) Original Top Secret classification authority may be delegated
only by the President; an agency head or official designated pursuant
to Section 1.2(a)(2); and the senior official designated under Section
5.3(a), provided that official has been delegated original Top Secret
classification authority by the agency head.
(3) Original Secret classification authority may be delegated only by
the President; an agency head or official designated pursuant to
Sections 1.2(a)(2) and 1.2(b)(1); an official with original Top Secret
classification authority; and the senior official designated under
Section 5.3(a), provided that official has been delegated original
Secret classification authority by the agency head.
(4) Original Confidential classification authority may be delegated
only by the President; an agency head or official designated pursuant
to Sections 1.2(a)(2), 1.2(b)(1) and 1.2(c)(1); an official with
original Top Secret classification authority; and the senior official
designated under Section 5.3(a), provided that official has been
delegated original classification authority by the agency head.
(5) Each delegation of original classification authority shall be in
writing and the authority shall not be redelegated except as provided in
this Order. It shall identify the official delegated the authority by
name or position title. Delegated classification authority includes the
authority to classify information at the level granted and lower levels
of classification.
(e) Exceptional Cases. When an employee, contractor, licensee, or
grantee of an agency that does not have original classification
authority originates information believed by that person to require
classification, the information shall be protected in a manner
consistent with this Order and its implementing directives. The
information shall be transmitted promptly as provided under this Order
or its implementing directives to the agency that has appropriate
subject matter interest and classification authority with respect to
this information. That agency shall decide within thirty (30) days
whether to classify this information. If it is not clear which agency
has classification responsibility for this information, it shall be sent
to the Director of the Information Security Oversight Office. The
Director shall determine the agency having primary subject matter
interest and forward the information, with appropriate recommendations,
to that agency for a classification determination.
(a) Information shall be considered for classification if it
concerns:
(1) military plans, weapons, or operations;
(2) the vulnerabilities or capabilities of systems, installations,
projects, or plans relating to the national security;
(3) foreign government information;
(4) intelligence activities (including special activities), or
intelligence sources or methods;
(5) foreign relations or foreign activities of the United States;
(6) scientific, technological, or economic matters relating to the
national security;
(7) United States Government programs for safeguarding nuclear
materials or facilities;
(8) cryptology;
(9) a confidential source; or
(10) other categories of information that are related to the national
security and that require protection against unauthorized disclosure as
determined by the President or by agency heads or other officials who
have been delegated original classification authority by the President.
Any determination made under this subsection shall be reported promptly
to the Director of the Information Security Oversight Office.
(b) Information that is determined to concern one or more of the
categories in Section 1.3(a) shall be classified when an original
classification authority also determines that its unauthorized
disclosure, either by itself or in the context of other information,
reasonably could be expected to cause damage to the national security.
(c) Unauthorized disclosure of foreign government information, the
identity of a confidential foreign source, or intelligence sources or
methods is presumed to cause damage to the national security.
(d) Information classified in accordance with Section 1.3 shall not
be declassified automatically as a result of any unofficial publication
or inadvertent or unauthorized disclosure in the United States or abroad
of identical or similar information.
(a) Information shall be classified as long as required by national
security considerations. When it can be determined, a specific date or
event for declassification shall be set by the original classification
authority at the time the information is originally classified.
(b) Automatic declassification determinations under predecessor
orders shall remain valid unless the classification is extended by an
authorized official of the originating agency. These extensions may be
by individual documents or categories of information. The agency shall
be responsible for notifying holders of the information of such
extensions.
(c) Information classified under predecessor orders and marked for
declassification review shall remain classified until reviewed for
declassification under the provisions of this Order.
(a) At the time of original classification, the following information
shall be shown on the face of all classified documents, or clearly
associated with other forms of classified information in a manner
appropriate to the medium involved, unless this information itself would
reveal a confidential source or relationship not otherwise evident in
the document or information:
(1) one of the three classification levels defined in Section 1.1;
(2) the identity of the original classification authority if other
than the person whose name appears as the approving or signing official;
(3) the agency and office of origin; and
(4) the date or event for declassification, or the notation
''Originating Agency's Determination Required.''
(b) Each classified document shall, by marking or other means,
indicate which portions are classified, with the applicable
classification level, and which portions are not classified. Agency
heads may, for good cause, grant and revoke waivers of this requirement
for specified classes of documents or information. The Director of the
Information Security Oversight Office shall be notified of any waivers.
(c) Marking designations implementing the provisions of this Order,
including abbreviations, shall conform to the standards prescribed in
implementing directives issued by the Information Security Oversight
Office.
(d) Foreign government information shall either retain its original
classification or be assigned a United States classification that shall
ensure a degree of protection at least equivalent to that required by
the entity that furnished the information.
(e) Information assigned a level of classification under predecessor
orders shall be considered as classified at that level of classification
despite the omission of other required markings. Omitted markings may be
inserted on a document by the officials specified in Section 3.1(b).
(a) In no case shall information be classified in order to conceal
violations of law, inefficiency, or administrative error; to prevent
embarrassment to a person, organization, or agency; to restrain
competition; or to prevent or delay the release of information that
does not require protection in the interest of national security.
(b) Basic scientific research information not clearly related to the
national security may not be classified.
(c) The President or an agency head or official designated under
Sections 1.2(a)(2), 1.2(b)(1), or 1.2(c)(1) may reclassify information
previously declassified and disclosed if it is determined in writing
that (1) the information requires protection in the interest of national
security; and (2) the information may reasonably be recovered. These
reclassification actions shall be reported promptly to the Director of
the Information Security Oversight Office.
(d) Information may be classified or reclassified after an agency has
received a request for it under the Freedom of Information Act (5 U.S.C.
552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review
provisions of this Order (Section 3.4) if such classification meets the
requirements of this Order and is accomplished personally and on a
document-by-document basis by the agency head, the deputy agency head,
the senior agency official designated under Section 5.3(a), or an
official with original Top Secret classification authority.
(a) Derivative classification is (1) the determination that
information is in substance the same as information currently
classified, and (2) the application of the same classification markings.
Persons who only reproduce, extract, or summarize classified
information, or who only apply classification markings derived from
source material or as directed by a classification guide, need not
possess original classification authority.
(b) Persons who apply derivative classification markings shall:
(1) observe and respect original classification decisions; and
(2) carry forward to any newly created documents any assigned
authorized markings. The declassification date or event that provides
the longest period of classification shall be used for documents
classified on the basis of multiple sources.
(a) Agencies with original classification authority shall prepare
classification guides to facilitate the proper and uniform derivative
classification of information.
(b) Each guide shall be approved personally and in writing by an
official who:
(1) has program or supervisory responsibility over the information or
is the senior agency official designated under Section 5.3(a); and
(2) is authorized to classify information originally at the highest
level of classification prescribed in the guide.
(c) Agency heads may, for good cause, grant and revoke waivers of the
requirement to prepare classification guides for specified classes of
documents or information. The Director of the Information Security
Oversight Office shall be notified of any waivers.
(a) Information shall be declassified or downgraded as soon as
national security considerations permit. Agencies shall coordinate
their review of classified information with other agencies that have a
direct interest in the subject matter. Information that continues to
meet the classification requirements prescribed by Section 1.3 despite
the passage of time will continue to be protected in accordance with
this Order.
(b) Information shall be declassified or downgraded by the official
who authorized the original classification, if that official is still
serving in the same position; the originator's successor; a
supervisory official of either; or officials delegated such authority
in writing by the agency head or the senior agency official designated
pursuant to Section 5.3(a).
(c) If the Director of the Information Security Oversight Office
determines that information is classified in violation of this Order,
the Director may require the information to be declassified by the
agency that originated the classification. Any such decision by the
Director may be appealed to the National Security Council. The
information shall remain classified, pending a prompt decision on the
appeal.
(d) The provisions of this Section shall also apply to agencies that,
under the terms of this Order, do not have original classification
authority, but that had such authority under predecessor orders.
(a) In the case of classified information transferred in conjunction
with a transfer of functions, and not merely for storage purposes, the
receiving agency shall be deemed to be the originating agency for
purposes of this Order.
(b) In the case of classified information that is not officially
transferred as described in Section 3.2(a), but that originated in an
agency that has ceased to exist and for which there is no successor
agency, each agency in possession of such information shall be deemed to
be the originating agency for purposes of this Order. Such information
may be declassified or downgraded by the agency in possession after
consultation with any other agency that has an interest in the subject
matter of the information.
(c) Classified information accessioned into the National Archives of
the United States shall be declassified or downgraded by the Archivist
of the United States in accordance with this Order, the directives of
the Information Security Oversight Office, and agency guidelines.
(a) The Archivist of the United States shall, in accordance with
procedures and timeframes prescribed in the Information Security
Oversight Office's directives implementing this Order, systematically
review for declassification or downgrading (1) classified records
accessioned into the National Archives of the United States, and (2)
classified presidential papers or records under the Archivist's control.
Such information shall be reviewed by the Archivist for
declassification or downgrading in accordance with systematic review
guidelines that shall be provided by the head of the agency that
originated the information, or in the case of foreign government
information, by the Director of the Information Security Oversight
Office in consultation with interested agency heads.
(b) Agency heads may conduct internal systematic review programs for
classified information originated by their agencies contained in records
determined by the Archivist to be permanently valuable but that have not
been accessioned into the National Archives of the United States.
(c) After consultation with affected agencies, the Secretary of
Defense may establish special procedures for systematic review for
declassification of classified cryptologic information, and the Director
of Central Intelligence may establish special procedures for systematic
review for declassification of classified information pertaining to
intelligence activities (including special activities), or intelligence
sources or methods.
(a) Except as provided in Section 3.4(b), all information classified
under this Order or predecessor orders shall be subject to a review for
declassification by the originating agency, if:
(1) the request is made by a United States citizen or permanent
resident alien, a federal agency, or a State or local government; and
(2) the request describes the document or material containing the
information with sufficient specificity to enable the agency to locate
it with a reasonable amount of effort.
(b) Information originated by a President, the White House Staff, by
committees, commissions, or boards appointed by the President, or others
specifically providing advice and counsel to a President or acting on
behalf of a President is exempted from the provisions of Section 3.4(a).
The Archivist of the United States shall have the authority to review,
downgrade and declassify information under the control of the
Administrator of General Services or the Archivist pursuant to sections
2107, 2107 note, or 2203 of title 44, United States Code. Review
procedures developed by the Archivist shall provide for consultation
with agencies having primary subject matter interest and shall be
consistent with the provisions of applicable laws or lawful agreements
that pertain to the respective presidential papers or records. Any
decision by the Archivist may be appealed to the Director of the
Information Security Oversight Office. Agencies with primary subject
matter interest shall be notified promptly of the Director's decision on
such appeals and may further appeal to the National Security Council.
The information shall remain classified pending a prompt decision on the
appeal.
(c) Agencies conducting a mandatory review for declassification shall
declassify information no longer requiring protection under this Order.
They shall release this information unless withholding is otherwise
authorized under applicable law.
(d) Agency heads shall develop procedures to process requests for the
mandatory review of classified information. These procedures shall
apply to information classified under this or predecessor orders. They
shall also provide a means for administratively appealing a denial of a
mandatory review request.
(e) The Secretary of Defense shall develop special procedures for the
review of cryptologic information, and the Director of Central
Intelligence shall develop special procedures for the review of
information pertaining to intelligence activities (including special
activities), or intelligence sources or methods, after consultation with
affected agencies. The Archivist shall develop special procedures for
the review of information accessioned into the National Archives of the
United States.
(f) In response to a request for information under the Freedom of
Information Act (5 U.S.C. 552), the Privacy Act of 1974 (5 U.S.C.
552a), or the mandatory review provisions of this Order:
(1) An agency shall refuse to confirm or deny the existence or
non-existence of requested information whenever the fact of its
existence or non-existence is itself classifiable under this Order.
(2) When an agency receives any request for documents in its custody
that were classified by another agency, it shall refer copies of the
request and the requested documents to the originating agency for
processing, and may, after consultation with the originating agency,
inform the requester of the referral. In cases in which the originating
agency determines in writing that a response under Section 3.4(f)(1) is
required, the referring agency shall respond to the requester in
accordance with that Section.
(a) A person is eligible for access to classified information
provided that a determination of trustworthiness has been made by agency
heads or designated officials and provided that such access is essential
to the accomplishment of lawful and authorized Government purposes.
(b) Controls shall be established by each agency to ensure that
classified information is used, processed, stored, reproduced,
transmitted, and destroyed only under conditions that will provide
adequate protection and prevent access by unauthorized persons.
(c) Classified information shall not be disseminated outside the
executive branch except under conditions that ensure that the
information will be given protection equivalent to that afforded within
the executive branch.
(d) Except as provided by directives issued by the President through
the National Security Council, classified information originating in one
agency may not be disseminated outside any other agency to which it has
been made available without the consent of the originating agency. For
purposes of this Section, the Department of Defense shall be considered
one agency.
(a) Agency heads designated pursuant to Section 1.2(a) may create
special access programs to control access, distribution, and protection
of particularly sensitive information classified pursuant to this Order
or predecessor orders. Such programs may be created or continued only
at the written direction of these agency heads. For special access
programs pertaining to intelligence activities (including special
activities but not including military operational, strategic and
tactical programs), or intelligence sources or methods, this function
will be exercised by the Director of Central Intelligence.
(b) Each agency head shall establish and maintain a system of
accounting for special access programs. The Director of the Information
Security Oversight Office, consistent with the provisions of Section
5.2(b)(4), shall have nondelegable access to all such accountings.
(a) The requirement in Section 4.1(a) that access to classified
information may be granted only as is essential to the accomplishment of
authorized and lawful Government purposes may be waived as provided in
Section 4.3(b) for persons who:
(1) are engaged in historical research projects, or
(2) previously have occupied policy-making positions to which they
were appointed by the President.
(b) Waivers under Section 4.3(a) may be granted only if the
originating agency:
(1) determines in writing that access is consistent with the interest
of national security;
(2) takes appropriate steps to protect classified information from
unauthorized disclosure or compromise, and ensures that the information
is safeguarded in a manner consistent with this Order; and
(3) limits the access granted to former presidential appointees to
items that the person originated, reviewed, signed, or received while
serving as a presidential appointee.
(a) The National Security Council shall provide overall policy
direction for the information security program.
(b) The Administrator of General Services shall be responsible for
implementing and monitoring the program established pursuant to this
Order. The Administrator shall delegate the implementation and
monitorship functions of this program to the Director of the Information
Security Oversight Office.
(a) The Information Security Oversight Office shall have a full-time
Director appointed by the Administrator of General Services subject to
approval by the President. The Director shall have the authority to
appoint a staff for the Office.
(b) The Director shall:
(1) develop, in consultation with the agencies, and promulgate,
subject to the approval of the National Security Council, directives for
the implementation of this Order, which shall be binding on the
agencies;
(2) oversee agency actions to ensure compliance with this Order and
implementing directives;
(3) review all agency implementing regulations and agency guidelines
for systematic declassification review. The Director shall require any
regulation or guideline to be changed if it is not consistent with this
Order or implementing directives. Any such decision by the Director may
be appealed to the National Security Council. The agency regulation or
guideline shall remain in effect pending a prompt decision on the
appeal;
(4) have the authority to conduct on-site reviews of the information
security program of each agency that generates or handles classified
information and to require of each agency those reports, information,
and other cooperation that may be necessary to fulfill the Director's
responsibilities. If these reports, inspections, or access to specific
categories of classified information would pose an exceptional national
security risk, the affected agency head or the senior official
designated under Section 5.3(a) may deny access. The Director may
appeal denials to the National Security Council. The denial of access
shall remain in effect pending a prompt decision on the appeal;
(5) review requests for original classification authority from
agencies or officials not granted original classification authority and,
if deemed appropriate, recommend presidential approval;
(6) consider and take action on compliants and suggestions from
persons within or outside the Government with respect to the
administration of the information security program;
(7) have the authority to prescribe, after consultation with affected
agencies, standard forms that will promote the implementation of the
information security program;
(8) report at least annually to the President through the National
Security Council on the implementation of this Order; and
(9) have the authority to convene and chair interagency meetings to
discuss matters pertaining to the information security program.
Agencies that originate or handle classified information shall:
(a) designate a senior agency official to direct and administer its
information security program, which shall include an active oversight
and security education program to ensure effective implementation of
this Order.
(b) promulgate implementing regulations. Any unclassified
regulations that establish agency information security policy shall be
published in the Federal Register to the extent that these regulations
affect members of the public;
(c) establish procedures to prevent unnecessary access to classified
information, including procedures that (i) require that a demonstrable
need for access to classified information is established before
initiating administrative clearance procedures, and (ii) ensure that the
number of persons granted access to classified information is limited to
the minimum consistent with operational and security requirements and
needs; and
(d) develop special contingency plans for the protection of
classified information used in or near hostile or potentially hostile
areas.
(a) If the Director of the Information Security Oversight Office
finds that a violation of this Order or its implementing directives may
have occurred, the Director shall make a report to the head of the
agency or to the senior official designated under Section 5.3(a) so that
corrective steps, if appropriate, may be taken.
(b) Officers and employees of the United States Government, and its
contractors, licensees, and grantees shall be subject to appropriate
sanctions if they:
(1) knowingly, willfully, or negligently disclose to unauthorized
persons information properly classified under this Order or predecessor
orders;
(2) knowingly and willfully classify or continue the classification
of information in violation of this Order or any implementing directive;
or
(3) knowingly and willfully violate any other provision of this Order
or implementing directive.
(c) Sanctions may include reprimand, suspension without pay, removal,
termination of classification authority, loss or denial of access to
classified information, or other sanctions in accordance with applicable
law and agency regulation.
(d) Each agency head or the senior official designated under Section
5.3(a) shall ensure that appropriate and prompt corrective action is
taken whenever a violation under Section 5.4(b) occurs. Either shall
ensure that the Director of the Information Security Oversight Office is
promptly notified whenever a violation under Section 5.4(b)(1) or (2)
occurs.
(a) ''Agency'' has the meaning provided at 5 U.S.C. 552(e).
(b) ''Information'' means any information or material, regardless of
its physical form or characteristics, that is owned by, produced by or
for, or is under the control of the United States Government.
(c) ''National security information'' means information that has been
determined pursuant to this Order or any predecessor order to require
protection against unauthorized disclosure and that is so designated.
(d) ''Foreign government information'' means:
(1) information provided by a foreign government or governments, an
international organization of governments, or any element thereof with
the expectation, expressed or implied, that the information, the source
of the information, or both, are to be held in confidence; or
(2) information produced by the United States pursuant to or as a
result of a joint arrangement with a foreign government or governments
or an international organization of governments, or any element thereof,
requiring that the information, the arrangement, or both, are to be held
in confidence.
(e) ''National security'' means the national defense or foreign
relations of the United States.
(f) ''Confidential source'' means any individual or organization that
has provided, or that may reasonably be expected to provide, information
to the United States on matters pertaining to the national security with
the expectation, expressed or implied, that the information or
relationship, or both, be held in confidence.
(g) ''Original classification'' means an initial determination that
information requires, in the interest of national security, protection
against unauthorized disclosure, together with a classification
designation signifying the level of protection required.
(a) Nothing in this Order shall supersede any requirement made by or
under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et
seq.). ''Restricted Data'' and ''Formerly Restricted Data'' shall be
handled, protected, classified, downgraded, and declassified in
conformity with the provisions of the Atomic Energy Act of 1954, as
amended, and regulations issued under that Act.
(b) The Attorney General, upon request by the head of an agency or
the Director of the Information Security Oversight Office, shall render
an interpretation of this Order with respect to any question arising in
the course of its administration.
(c) Nothing in this Order limits the protection afforded any
information by other provisions of law.
(d) Executive Order No. 12065 of June 28, 1978, as amended, is
revoked as of the effective date of this Order.
(e) This Order shall become effective on August 1, 1982.
Ronald Reagan.
Order of the President of the United States, dated May 7, 1982, 47
F.R. 20105, provided:
Pursuant to the provisions of Section 1.2 of Executive Order No.
12356 of April 2, 1982, entitled ''National Security Information,'' (set
out as a note above) I hereby designate the following officials to
classify information originally as ''Top Secret'', ''Secret'', or
''Confidential'':
The Vice President
The Counsellor to the President
The Chief of Staff and Assistant to the President
The Deputy Chief of Staff and Assistant to the President
The Director, Office of Management and Budget
The United States Trade Representative
The Assistant to the President for National Security Affairs
The Director, Office of Science and Technology Policy
The Chairman, The President's Foreign Intelligence Advisory Board
The Chairman, The President's Intelligence Oversight Board
The Secretary of State
The Secretary of the Treasury
The Secretary of Defense
The Secretary of the Army
The Secretary of the Navy
The Secretary of the Air Force
The Attorney General
The Secretary of Energy
The Chairman, Nuclear Regulatory Commission
The Director, United States Arms Control and Disarmament Agency
The Director of Central Intelligence
The Administrator, National Aeronautics and Space Administration
The Administrator of General Services
The Director, Federal Emergency Management Agency
The Chairman, Council of Economic Advisers
The President's Personal Representative for Micronesian Status
Negotiations
The Secretary of Commerce
The Secretary of Transportation
The Administrator, Agency for International Development
The Director, International Communication Agency
The President, Export-Import Bank of the United States
The President, Overseas Private Investment Corporation
The Administrator, Environmental Protection Agency
Any delegation of this authority shall be in accordance with Section
1.2(d) of the Order.
This Order shall be published in the Federal Register.
Ronald Reagan.
Order of the President of the United States, dated May 4, 1990, 55
F.R. 19235, provided:
Pursuant to the provisions of Section 1.2 of Executive Order No.
12356 of April 2, 1982, entitled ''National Security Information,'' (set
out as a note above) I hereby designate the Director of National Drug
Control Policy to classify information originally as ''Top Secret.''
This order shall be published in the Federal Register.
George Bush.