TITLE 49 - US CODE - TRANSPORTATION

SUBTITLE I - US CODE - DEPARTMENT OF TRANSPORTATION

TITLE 49 - US CODE - CHAPTER 1 - ORGANIZATION

49 USC 101 - Purpose

(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
(b) A Department of Transportation is necessary in the public interest and to
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;

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(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

49 USC 102 - Department of Transportation

(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.
(e) The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant.
(f) Deputy Assistant Secretary for Tribal Government Affairs.— 

(1) Establishment.— 
In accordance with Federal policies promoting Indian self determination, the Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program.
(2) Reservation of trust obligations.— 

(A) Responsibility of secretary.— 
In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected.
(B) Preservation of united states responsibility.— 
Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe.
(g) Office of Climate Change and Environment.— 

(1) Establishment.— 
There is established in the Department an Office of Climate Change and Environment to plan, coordinate, and implement
(A) department-wide research, strategies, and actions under the Departments statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and
(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.
(2) Clearinghouse.— 
The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction approaches, to reduce air pollution and transportation-related energy use and mitigate the effects of climate change.
(h) The Department shall have a seal that shall be judicially recognized.

49 USC 103 - Federal Railroad Administration

(a) The Federal Railroad Administration is an administration in the Department of Transportation. To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary.
(c) The Administrator shall carry out
(1) duties and powers related to railroad safety vested in the Secretary by section 20134 (c) and chapters 203211 of this title, and chapter 213 of this title in carrying out chapters 203211; and
(2) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(1) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.
(e) Subject to the provisions of subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions of the Federal Railroad Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.

49 USC 104 - Federal Highway Administration

(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b) 
(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c) The Administrator shall carry out
(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101 (d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.

49 USC 105 - National Highway Traffic Safety Administration

(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out
(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.

49 USC 106 - Federal Aviation Administration

(a) The Federal Aviation Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.
(c) The Administrator must
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to aviation.
(d) 
(1) The Deputy Administrator must be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.
(2) The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator of the Federal Aviation Administration.
(3) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive
(A)  the pay provided by law for the Deputy Administrator, or
(B)  the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
(4) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.
(f) Authority of the Secretary and the Administrator.— 

(1) Authority of the secretary.— 
Except as provided in paragraph (2), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. Neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the decisions or recommendations of, a committee, board, or organization established by executive order.
(2) Authority of the administrator.— 
The Administrator
(A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to
(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition and maintenance of property, services, and equipment of the Administration;
(iii) except as otherwise provided in paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);
(B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
(3) Regulations.— 

(A) In general.— 
In the performance of the functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5. The Administrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking. The Administrator shall issue a final regulation, or take other final action, not later than 16 months after the last day of the public comment period for the regulations or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after the date of publication in the Federal Register of notice of the proposed rulemaking. On February 1 and August 1 of each year the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.
(B) Approval of secretary of transportation.— 

(i) The Administrator may not issue a proposed regulation or final regulation that is likely to result in the expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century) in any year, or any regulation which is significant, unless the Secretary of Transportation approves the issuance of the regulation in advance. For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation is likely to
(I) have an annual effect on the economy of $250,000,000 or more or adversely affect in a substantial and material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or
(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.
(ii) In an emergency, the Administrator may issue a regulation described in clause (i) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
(iii) Any regulation that does not meet the criteria of clause (i), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.
(iv) The Administrator shall submit a copy of any regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.
(C) Periodic review.— 

(i) Beginning on the date which is 3 years after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, the Administrator shall review any unusually burdensome regulation issued by the Administrator after such date of enactment beginning not later than 3 years after the effective date of the regulation to determine if the cost assumptions were accurate, the benefit of the regulations, and the need to continue such regulations in force in their present form.
(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years.
(iii) For purposes of this subparagraph, the term unusually burdensome regulation means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year.
(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).
(4) Definition of political appointee.— 
For purposes of this subsection, the term political appointee means any individual who
(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132 (a) of title 5; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(g) Duties and Powers of Administrator.— 

(1) Except as provided in paragraph (2) of this subsection, the Administrator shall carry out
(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308 (b), 1132 (c) and (d), 40101 (c), 40103 (b), 40106 (a), 40108, 40109 (b), 40113 (a), 40113 (c), 40113 (d), 40113 (e), 40114 (a), and 40119, chapter 445sections 308 (b), 1132 (c) and (d), 40101 (c), 40103 (b), 40106 (a), 40108, 40109 (b), 40113 (a), 40113 (c), 40113 (d), 40113 (e), 40114 (a), and 40119, chapter 445 (except sections 44501 (b), 44502 (a)(2), 44502 (a)(3), 44502 (a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter 447 (except sections 44717, 44718 (a), 44718 (b), 44719, 44720, 44721 (b), 44722, and 44723), chapter 449 (except sections 44903 (d), 44904, 44905, 44907–44911, 44913, 44915, and 44931–44934), chapter 451, chapter 453, sections 46104, 46301 (d) and (h)(2), 46303 (c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465sections 46104, 46301 (d) and (h)(2), 46303 (c), 46304–46308, 46310, 46311, and 46313–46316, chapter 465, and sections 47504 (b) (related to flight procedures), 47508(a), and 48107 of this title; and
(B) additional duties and powers prescribed by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901, 44903 (a)(c) and (e), 44906, 44912, 4493544937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by section 449311 of this title.
(h) Section 40101 (d) of this title applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final.
(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
(j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the Civil Aeromedical Institute. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.
(k) Authorization of Appropriations for Operations.— 

(1) Salaries, operations, and maintenance.— 
There is authorized to be appropriated to the Secretary of Transportation for salaries, operations, and maintenance of the Administration
(A) $7,591,000,000 for fiscal year 2004;
(B) $7,732,000,000 for fiscal year 2005;
(C) $7,889,000,000 for fiscal year 2006; and
(D) $8,064,000,000 for fiscal year 2007.

Such sums shall remain available until expended.

(2) Authorized expenditures.— 
Out of amounts appropriated under paragraph (1), the following expenditures are authorized:
(A) Such sums as may be necessary for fiscal years 2004 through 2007 to support infrastructure systems development for both general aviation and the vertical flight industry.
(B) Such sums as may be necessary for fiscal years 2004 through 2007 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
(C) Such sums as may be necessary for fiscal years 2004 through 2007 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
(D) Such sums as may be necessary for fiscal years 2004 through 2007 for the Center for Management Development of the Federal Aviation Administration to operate training courses and to support associated student travel for both residential and field courses.
(E) Such sums as may be necessary for fiscal years 2004 through 2007 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(F) Such sums as may be necessary for fiscal years 2004 through 2007 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaskas main aviation corridors.
(G) Such sums as may be necessary for fiscal years 2004 through 2007 to carry out the Aviation Safety Reporting System.
(l) Personnel and Services.— 

(1) Officers and employees.— 
Except as provided in subsections (a) and (g) of section 40122, the Administrator is authorized, in the performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent provided for in section 40122 (a), nor shall the Administrator be bound by any requirement to establish such compensation or benefits at particular levels.
(2) Experts and consultants.— 
The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5.
(3) Transportation and per diem expenses.— 
The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5.
(4) Use of personnel from other agencies.— 
The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551 (1) of title 5).
(5) Voluntary services.— 

(A) General rule.— 
In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.
(B) Incidental expenses.— 
The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection.
(C) Limited treatment as federal employees.— 
An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.
(6) Contracts.— 
The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551 (1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.
(m) Cooperation by Administrator.— 
With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency (as such term is defined in section 551 (1) of title 5) and any other public or private entity. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, without reimbursement, supplies, personnel, services, and equipment other than administrative supplies or equipment.
(n) Acquisition.— 

(1) In general.— 
The Administrator is authorized
(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.
(2) Title.— 
Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.
(o) Transfers of Funds.— 
The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551 (1) of title 5) to carry out functions transferred by law to the Administrator or functions transferred pursuant to law to the Administrator on or after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996.
(p) Management Advisory Council and Air Traffic Services Board.— 

(1) Establishment.— 
Within 3 months after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, the Administrator shall establish an advisory council which shall be known as the Federal Aviation Management Advisory Council (in this subsection referred to as the Council). With respect to Administration management, policy, spending, funding, and regulatory matters affecting the aviation industry, the Council may submit comments, recommended modifications, and dissenting views to the Administrator. The Administrator shall include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting views received from the Council, together with the reasons for any differences between the views of the Council and the views or actions of the Administrator.
(2) Membership.— 
The Council shall consist of 13 members, who shall consist of
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation interests, appointed by
(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate, except that initial appointments made after May 1, 2003, shall be made by the Secretary of Transportation; and
(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and
(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by the Secretary of Transportation.
(3) Qualifications.— 
No officer or employee of the United States Government may be appointed to the Council under paragraph (2)(C) or to the Air Traffic Services Committee.
(4) Functions.— 

(A) In general.— 

(i) The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the operations of the Administrator. The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administration.
(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
(iii) The Council shall review the process through which the Administration determines to use advisory circulars and service bulletins.
(B) Meetings.— 
The Council shall meet on a regular and periodic basis or at the call of the chairman or of the Administrator.
(C) Access to documents and staff.— 
The Administration may give the Council or Air Traffic Services Committee appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the Freedom of Information Act), cost data associated with the acquisition and operation of air traffic service systems. Any member of the Council or Air Traffic Services Committee who receives commercial or other proprietary data from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.
(5) Federal advisory committee act not to apply.— 
The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to the Council, the Air Traffic Services Committee, or such aviation rulemaking committees as the Administrator shall designate.
(6) Administrative matters.— 

(A) Terms of members appointed under paragraph (2)(c).Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years. Of the members first appointed by the President under paragraph (2)(C)
(i) 3 shall be appointed for terms of 1 year;
(ii) 4 shall be appointed for terms of 2 years; and
(iii) 3 shall be appointed for terms of 3 years.
(B) Term for air traffic control representative.— 
The member appointed under paragraph (2)(D) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(D).
(C) Terms for air traffic services committee members.— 
The members appointed to the Air Traffic Services Committee shall be appointed for a term of 5 years, except that the first members of the Committee shall be the members of the Air Traffic Services Subcommittee of the Council on the day before the date of enactment of the Vision 100Century of Aviation Reauthorization Act who shall serve in an advisory capacity until such time as the President appoints the members of the Committee under paragraph (7).
(D) Reappointment.— 
An individual may not be appointed to the Committee to more than two 5-year terms.
(E) Vacancy.— 
Any vacancy on the Council or Committee shall be filled in the same manner as the original appointment, except that any vacancy caused by a member appointed by the President under paragraph (2)(C)(i) shall be filled by the Secretary in accordance with paragraph (2)(C)(ii). Any member appointed to fill a vacancy occurring before the expiration of the term for which the members predecessor was appointed shall be appointed for the remainder of that term.
(F) Continuation in office.— 
A member of the Council or Committee whose term expires shall continue to serve until the date on which the members successor takes office.
(G) Removal.— 
Any member of the Council appointed under paragraph (2)(D) may be removed for cause by the President or Secretary whoever makes the appointment. Any member of the Committee may be removed for cause by the Secretary.
(H) Claims against members of committee.— 

(i) In general.— 
A member appointed to the Committee shall have no personal liability under Federal law with respect to any claim arising out of or resulting from an act or omission by such member within the scope of service as a member of the Committee.
(ii) Effect on other law.— 
This subparagraph shall not be construed
(I) to affect any other immunity or protection that may be available to a member of the Subcommittee under applicable law with respect to such transactions;
(II) to affect any other right or remedy against the United States under applicable law; or
(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.
(I) Ethical considerations.— 

(i) Financial disclosure.— 
During the entire period that an individual is serving as a member of the Committee, such individual shall be treated as serving as an officer or employee referred to in section 101(f) of the Ethics in Government Act of 1978 for purposes of title I of such Act; except that section 101(d) of such Act shall apply without regard to the number of days of service in the position.
(ii) Restrictions on post-employment.— 
For purposes of section 207 (c) of title 18, an individual who is a member of the Committee shall be treated as an employee referred to in section 207(c)(2)(A)(i) of such title during the entire period the individual is a member of the Committee; except that subsections (c)(2)(B) and (f) of section 207 of such title shall not apply.
(J) Chairman; vice chairman.— 
The Council shall elect a chair and a vice chair from among the members appointed under paragraph (2)(C), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chairman in the absence of the chairman.
(K) Travel and per diem.— 
Each member of the Council or Committee shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his or her usual place of residence, in accordance with section 5703 of title 5.
(L) Detail of personnel from the administration.— 
The Administrator shall make available to the Council or Committee such staff, information, and administrative services and assistance as may reasonably be required to enable the Council or Committee to carry out its responsibilities under this subsection.
(7) Air traffic services committee.— 

(A) Establishment.— 
The Administrator shall establish a committee that is independent of the Council by converting the Air Traffic Services Subcommittee of the Council, as in effect on the day before the date of enactment of the Vision 100Century of Aviation Reauthorization Act, into such committee. The committee shall be known as the Air Traffic Services Committee (in this subsection referred to as the Committee).
(B) Membership and qualifications.— 
Subject to paragraph (6)(C), the Committee shall consist of five members, one of whom shall be the Administrator and shall serve as chairperson. The remaining members shall be appointed by the President with the advice and consent of the Senate and
(i) shall have a fiduciary responsibility to represent the public interest;
(ii) shall be citizens of the United States; and
(iii) shall be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas and, in the aggregate, should collectively bring to bear expertise in all of the following areas:
(I) Management of large service organizations.
(II) Customer service.
(III) Management of large procurements.
(IV) Information and communications technology.
(V) Organizational development.
(VI) Labor relations.
(C) Prohibitions on members of committee.— 
No member of the Committee may
(i) have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of section 208 of title 18;
(ii) engage in another business related to aviation or aeronautics; or
(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.
(D) General responsibilities.— 

(i) Oversight.— 
The Committee shall oversee the administration, management, conduct, direction, and supervision of the air traffic control system.
(ii) Confidentiality.— 
The Committee shall ensure that appropriate confidentiality is maintained in the exercise of its duties.
(E) Specific responsibilities.— 
The Committee shall have the following specific responsibilities:
(i) Strategic plans.— 
To review, approve, and monitor the strategic plan for the air traffic control system, including the establishment of
(I) a mission and objectives;
(II) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and
(III) annual and long-range strategic plans.
(ii) Modernization and improvement.— 
To review and approve
(I) methods to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and
(II) procurements of air traffic control equipment in excess of $100,000,000.
(iii) Operational plans.— 
To review the operational functions of the air traffic control system, including
(I) plans for modernization of the air traffic control system;
(II) plans for increasing productivity or implementing cost-saving measures; and
(III) plans for training and education.
(iv) Management.— 
To
(I) review and approve the Administrators appointment of a Chief Operating Officer under section 106 (r);
(II) review the Administrators selection, evaluation, and compensation of senior executives of the Administration who have program management responsibility over significant functions of the air traffic control system;
(III) review and approve the Administrators plans for any major reorganization of the Administration that would impact on the management of the air traffic control system;
(IV) review and approve the Administrators cost accounting and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; and
(V) review the performance and compensation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets.
(v) Budget.— 
To
(I) review and make recommendations on the budget request of the Administration related to the air traffic control system prepared by the Administrator;
(II) submit such budget recommendations to the Secretary; and
(III) base such budget recommendations on the annual and long-range strategic plans.
(F) Committee personnel matters and expenses.— 

(i) Personnel matters.— 
The Committee may appoint and terminate for purposes of employment by the Committee any personnel that may be necessary to enable the Committee to perform its duties, and may procure temporary and intermittent services under section 40122.
(ii) Travel expenses.— 
Each member of the Committee shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(G) Administrative matters.— 

(i) Powers of chair.— 
Except as otherwise provided by a majority vote of the Committee, the powers of the chairperson shall include
(I) establishing committees;
(II) setting meeting places and times;
(III) establishing meeting agendas; and
(IV) developing rules for the conduct of business.
(ii) Meetings.— 
The Committee shall meet at least quarterly and at such other times as the chairperson determines appropriate.
(iii) Quorum.— 
Three members of the Committee shall constitute a quorum. A majority of members present and voting shall be required for the Committee to take action.
(H) Reports.— 

(i) Annual.— 
The Committee shall each year report with respect to the conduct of its responsibilities under this title to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
(ii) Additional report.— 
If a determination by the Committee under subparagraph (D)(i) that the organization and operation of the air traffic control system are not allowing the Administration to carry out its mission, the Committee shall report such determination to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
(iii) Action of administrator on report.— 
Not later than 60 days after the date of a report of the Committee under this subparagraph, the Administrator shall take action with respect to such report. If the Administrator overturns a recommendation of the Committee, the Administrator shall report such action to the President, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate.
(iv) Comptroller general’s report.— 
Not later than April 30, 2003, the Comptroller General of the United States shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the success of the Committee in improving the performance of the air traffic control system.
(I) Authorization.— 
There are authorized to be appropriated to the Committee such sums as may be necessary for the Committee to carry out its activities.
(8) Air traffic control system defined.— 
In this section, the term air traffic control system has the meaning such term has under section 40102 (a).
(q) Aircraft Noise Ombudsman.— 

(1) Establishment.— 
There shall be in the Administration an Aircraft Noise Ombudsman.
(2) General duties and responsibilities.— 
The Ombudsman shall
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.
(3) Number of full-time equivalent employees.— 
The appointment of an Ombudsman under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.
(r) Chief Operating Officer.— 

(1) In general.— 

(A) Appointment.— 
There shall be a Chief Operating Officer for the air traffic control system to be appointed by the Administrator, with the approval of the Air Traffic Services Committee. The Chief Operating Officer shall report directly to the Administrator and shall be subject to the authority of the Administrator.
(B) Qualifications.— 
The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation.
(C) Term.— 
The Chief Operating Officer shall be appointed for a term of 5 years.
(D) Removal.— 
The Chief Operating Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system.
(E) Vacancy.— 
Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring before the expiration of the term for which the individuals predecessor was appointed shall be appointed for the remainder of that term.
(2) Compensation.— 

(A) In general.— 
The Chief Operating Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, with the approval of the Air Traffic Services Committee. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title.
(B) Bonus.— 
In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrators evaluation of the Chief Operating Officers performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).
(3) Annual performance agreement.— 
The Administrator and the Chief Operating Officer, in consultation with the Air Traffic Services Committee, shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis.
(4) Annual performance report.— 
The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing such information as may be prescribed by the Secretary.
(5) Responsibilities.— 
The Administrator may delegate to the Chief Operating Officer, or any other authority within the Administration responsibilities, including the following:
(A) Strategic plans.— 
To implement the strategic plan of the Administration for the air traffic control system in order to further
(i) a mission and objectives;
(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans; and
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control.
(B) Operations.— 
To oversee the day-to-day operational functions of the Administration for air traffic control, including
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C) Budget.— 
To
(i) develop a budget request of the Administration related to the air traffic control system;
(ii) submit such budget request to the Administrator and the Committee; and
(iii) ensure that the budget request supports the agencys annual and long-range strategic plans for air traffic control services.
[1] See References in Text note below.

49 USC 107 - Federal Transit Administration

(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.

49 USC 108 - Pipeline and Hazardous Materials Safety Administration

(a) In General.— 
The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.
(b) Safety as Highest Priority.— 
In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
(c) Administrator.— 
The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(d) Deputy Administrator.— 
The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e) Chief Safety Officer.— 
The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f) Duties and Powers of the Administrator.— 
The Administrator shall carry out
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g) Limitation.— 
A duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.

49 USC 109 - Maritime Administration

(a) Organization.— 
The Maritime Administration is an administration in the Department of Transportation.
(b) Maritime Administrator.— 
The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.
(c) Deputy Maritime Administrator.— 
The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.
(d) Duties and Powers Vested in Secretary.— 
All duties and powers of the Maritime Administration are vested in the Secretary.
(e) Regional Offices.— 
The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.
(f) Interagency and Industry Relations.— 
The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.
(g) Detailing Officers From Armed Forces.— 
To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officers pay and allowances as an officer in the armed forces, makes the officers total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.
(h) Contracts and Audits.— 

(1) Contracts.— 
In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts for the United States Government and disburse amounts to
(A) carry out the Secretarys duties and powers under this section and subtitle V of title 46; and
(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
(2) Audits.— 
The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.
(i) Authorization of Appropriations.— 

(1) In general.— 
Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.
(2) Limitations.— 
Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for
(A) acquisition, construction, or reconstruction of vessels;
(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
(C) costs of national defense features;
(D) payments of obligations incurred for operating-differential subsidies;
(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
(F) the Vessel Operations Revolving Fund;
(G) National Defense Reserve Fleet expenses;
(H) expenses necessary to carry out part B of subtitle V of title 46; and
(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
(3) Training Vessels.— 
Amounts may not be appropriated for the purchase or construction of training vessels for State maritime academies unless the Secretary has approved a plan for sharing training vessels between State maritime academies.

49 USC 110 - Saint Lawrence Seaway Development Corporation

(a) The Saint Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.

49 USC 111 - Bureau of Transportation Statistics

(a) Establishment.— 
There is established in the Research and Innovative Technology Administration a Bureau of Transportation Statistics.
(b) Director.— 

(1) Appointment.— 
The Bureau shall be headed by a Director who shall be appointed in the competitive service by the Secretary of Transportation.
(2) Qualifications.— 
The Director shall be appointed from among individuals who are qualified to serve as the Director by virtue of their training and experience in the collection, analysis, and use of transportation statistics.
(c) Responsibilities.— 
The Director of the Bureau shall serve as the Secretarys senior advisor on data and statistics and shall be responsible for carrying out the following duties:
(1) Providing data, statistics, and analysis to transportation decisionmakers.— 
Ensuring that the statistics compiled under paragraph (5) are designed to support transportation decisionmaking by the Federal Government, State and local governments, metropolitan planning organizations, transportation-related associations, the private sector (including the freight community), and the public.
(2) Coordinating collection of information.— 
Working with the operating administrations of the Department to establish and implement the Bureaus data programs and to improve the coordination of information collection efforts with other Federal agencies.
(3) Data modernization.— 
Continually improving surveys and data collection methods to improve the accuracy and utility of transportation statistics.
(4) Encouraging data standardization.— 
Encouraging the standardization of data, data collection methods, and data management and storage technologies for data collected by the Bureau, the operating administrations of the Department of Transportation, States, local governments, metropolitan planning organizations, and private sector entities.
(5) Transportation statistics.— 
Collecting, compiling, analyzing, and publishing a comprehensive set of transportation statistics on the performance and impacts of the national transportation system, including statistics on
(A) productivity in various parts of the transportation sector;
(B) traffic flows for all modes of transportation;
(C) other elements of the intermodal transportation database established under subsection (e);
(D) travel times and measures of congestion;
(E) vehicle weights and other vehicle characteristics;
(F) demographic, economic, and other variables influencing traveling behavior, including choice of transportation mode and goods movement;
(G) transportation costs for passenger travel and goods movement;
(H) availability and use of mass transit (including the number of passengers served by each mass transit authority) and other forms of for-hire passenger travel;
(I) frequency of vehicle and transportation facility repairs and other interruptions of transportation service;
(J) safety and security for travelers, vehicles, and transportation systems;
(K) consequences of transportation for the human and natural environment;
(L) the extent, connectivity, and condition of the transportation system, building on the national transportation atlas database developed under subsection (g); and
(M) transportation-related variables that influence the domestic economy and global competitiveness.
(6) National spatial data infrastructure.— 
Building and disseminating the transportation layer of the National Spatial Data Infrastructure developed under Executive Order No. 12906, including coordinating the development of transportation geospatial data standards, compiling intermodal geospatial data, and collecting geospatial data that is not being collected by others.
(7) Issuing guidelines.— 
Issuing guidelines for the collection of information by the Department required for statistics to be compiled under paragraph (5) in order to ensure that such information is accurate, reliable, relevant, and in a form that permits systematic analysis.
(8) Review sources and reliability of statistics.— 
Reviewing and reporting to the Secretary on the sources and reliability of the statistics proposed by the heads of the operating administrations of the Department to measure outputs and outcomes as required by the Government Performance and Results Act of 1993 (Public Law 10362; 107 Stat. 285), and the amendments made by such Act, and carrying out such other reviews of the sources and reliability of other data collected or statistical information published by the heads of the operating administrations of the Department as shall be requested by the Secretary.
(9) Making statistics accessible.— 
Making the statistics published under this subsection readily accessible to the public.
(d) Information Needs Assessment.— 

(1) In general.— 
Not later than 60 days after the date of enactment of the SAFETEALU, the Secretary shall enter into an agreement with the National Research Council to develop and publish a National[1] transportation information needs assessment (referred to in this subsection as the assessment). The assessment shall be submitted to the Secretary and the appropriate committees of Congress not later than 24 months after such agreement is entered into.
(2) Content.— 
The assessment shall
(A) identify, in order of priority, the transportation data that is not being collected by the Bureau, operating administrations of the Department, or other Federal, State, or local entities, but is needed to improve transportation decisionmaking at the Federal, State, and local levels and to fulfill the requirements of subsection (c)(5);
(B) recommend whether the data identified in subparagraph (A) should be collected by the Bureau, other parts of the Department, or by other Federal, State, or local entities, and whether any data is of a higher priority than data currently being collected;
(C) identify any data the Bureau or other Federal, State, or local entity is collecting that is not needed;
(D) describe new data collection methods (including changes in surveys) and other changes the Bureau or other Federal, State, or local entity should implement to improve the standardization, accuracy, and utility of transportation data and statistics; and
(E) estimate the cost of implementing any recommendations.
(3) Consultation.— 
In developing the assessment, the National Research Council shall consult with the Departments Advisory Council on Transportation Statistics and a representative cross-section of transportation community stakeholders as well as other Federal agencies, including the Environmental Protection Agency, the Department of Energy, and the Department of Housing and Urban Development.
(4) Report to congress.— 
Not later than 180 days after the date on which the National Research Council submits the assessment under paragraph (1), the Secretary shall submit a report to Congress that describes
(A) how the Department plans to fill the data gaps identified under paragraph (2)(A);
(B) how the Department plans to stop collecting data identified under paragraph (2)(C);
(C) how the Department plans to implement improved data collection methods and other changes identified under paragraph (2)(D);
(D) the expected costs of implementing subparagraphs (A), (B), and (C) of this paragraph;
(E) any findings of the assessment under paragraph (1) with which the Secretary disagrees, and why; and
(F) any proposed statutory changes needed to implement the findings of the assessment under paragraph (1).
(e) Intermodal Transportation Database.— 

(1) In general.— 
In consultation with the Under Secretary for Policy, the Assistant Secretaries, and the heads of the operating administrations of the Department, the Director shall establish and maintain a transportation database for all modes of transportation.
(2) Use.— 
The database shall be suitable for analyses carried out by the Federal Government, the States, and metropolitan planning organizations.
(3) Contents.— 
The database shall include
(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and intermodal combinations and by relevant classification;
(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations and by relevant classification;
(C) information on the location and connectivity of transportation facilities and services; and
(D) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.
(f) National Transportation Library.— 

(1) In general.— 
The Director shall establish and maintain a National Transportation Library, which shall contain a collection of statistical and other information needed for transportation decisionmaking at the Federal, State, and local levels.
(2) Access.— 
The Director shall facilitate and promote access to the Library, with the goal of improving the ability of the transportation community to share information and the ability of the Director to make statistics readily accessible under subsection (c)(9).
(3) Coordination.— 
The Director shall work with other transportation libraries and transportation information providers, both public and private, to achieve the goal specified in paragraph (2).
(g) National Transportation Atlas Database.— 

(1) In general.— 
The Director shall develop and maintain a national transportation atlas database that is comprised of geospatial databases that depict
(A) transportation networks;
(B) flows of people, goods, vehicles, and craft over the networks; and
(C) social, economic, and environmental conditions that affect or are affected by the networks.
(2) Intermodal network analysis.— 
The databases shall be able to support intermodal network analysis.
(h) Mandatory Response Authority for Freight Data Collection.— 
Whoever, being the owner, official, agent, person in charge, or assistant to the person in charge of any freight corporation, company, business, institution, establishment, or organization of any nature whatsoever, neglects or refuses, when requested by the Director or other authorized officer, employee, or contractor of the Bureau, to answer completely and correctly to the best of the individuals knowledge all questions relating to the corporation, company, business, institution, establishment, or other organization, or to make available records or statistics in the individuals official custody, contained in a data collection request prepared and submitted under the authority of subsection (c)(1), shall be fined not more than $500; but if the individual willfully gives a false answer to such a question, the individual shall be fined not more than $10,000.
(i) Research and Development Grants.— 
The Secretary may make grants to, or enter into cooperative agreements or contracts with, public and nonprofit private entities (including State transportation departments, metropolitan planning organizations, and institutions of higher education) for
(1) investigation of the subjects specified in subsection (c)(5) and research and development of new methods of data collection, standardization, management, integration, dissemination, interpretation, and analysis;
(2) demonstration programs by States, local governments, and metropolitan planning organizations to coordinate data collection, reporting, management, storage, and archiving to simplify data comparisons across jurisdictions;
(3) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (f); and
(4) development and improvement of methods for sharing geographic data, in support of the database under subsection (g) and the National Spatial Data Infrastructure.
(j) Limitations on Statutory Construction.— 
Nothing in this section shall be construed
(1) to authorize the Bureau to require any other department or agency to collect data; or
(2) to reduce the authority of any other officer of the Department to collect and disseminate data independently.
(k) Prohibition on Certain Disclosures.— 

(1) In general.— 
An officer, employee, or contractor of the Bureau may not
(A) make any disclosure in which the data provided by an individual or organization under subsection (c) can be identified;
(B) use the information provided under subsection (c) for a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c).
(2) Copies of reports.— 

(A) In general.— 
No department, bureau, agency, officer, or employee of the United States (except the Director in carrying out this section) may require, for any reason, a copy of any report that has been filed under subsection (c) with the Bureau or retained by an individual respondent.
(B) Limitation on judicial proceedings.— 
A copy of a report described in subparagraph (A) that has been retained by an individual respondent or filed with the Bureau or any of its employees, contractors, or agents
(i) shall be immune from legal process; and
(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceedings.
(C) Applicability.— 
This paragraph shall apply only to reports that permit information concerning an individual or organization to be reasonably determined by direct or indirect means.
(3) Informing respondent of use of data.— 
In a case in which the Bureau is authorized by statute to collect data or information for a nonstatistical purpose, the Director shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform a respondent who is requested or required to supply the data or information of the nonstatistical purpose.
(l) Transportation Statistics Annual Report.— 
The Director shall submit to the President and Congress a transportation statistics annual report which shall include information on items referred to in subsection (c)(5), documentation of methods used to obtain and ensure the quality of the statistics presented in the report, and recommendations for improving transportation statistical information.
(m) Data Access.— 
The Director shall have access to transportation and transportation-related information in the possession of any Federal agency, except information
(1) the disclosure of which to another Federal agency is expressly prohibited by law; or
(2) the disclosure of which the agency possessing the information determines would significantly impair the discharge of authorities and responsibilities which have been delegated to, or vested by law, in such agency.
(n) Proceeds of Data Product Sales.— 
Notwithstanding section 3302 of title 31, funds received by the Bureau from the sale of data products, for necessary expenses incurred, may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for the expenses.
(o) Advisory Council on Transportation Statistics.— 

(1) Establishment.— 
The Director shall establish an advisory council on transportation statistics.
(2) Function.— 
The function of the advisory council established under this subsection is to
(A) advise the Director on the quality, reliability, consistency, objectivity, and relevance of transportation statistics and analyses collected, supported, or disseminated by the Bureau and the Department;
(B) provide input to and review the report to Congress under subsection (d)(4); and
(C) advise the Director on methods to encourage cooperation and interoperability of transportation data collected by the Bureau, the operating administrations of the Department, States, local governments, metropolitan planning organizations, and private sector entities.
(3) Membership.— 
The advisory council established under this subsection shall be composed of not fewer than 9 and not more than 11 members appointed by the Director, who are not officers or employees of the United States. Each member shall have expertise in transportation data collection or analysis or application; except that 1 member shall have expertise in economics, 1 member shall have expertise in statistics, and 1 member shall have experience in transportation safety. At least 1 member shall be a senior official of a State department of transportation. Members shall include representation of a cross-section of transportation community stakeholders.
(4) Terms of appointment.— 

(A) In general.— 
Except as provided in subparagraph (B), members of the advisory council shall be appointed to staggered terms not to exceed 3 years. A member may be renominated for 1 additional 3-year term.
(B) Current members.— 
Members serving on the Advisory Council on Transportation Statistics as of the date of enactment of the SAFETEALU shall serve until the end of their appointed terms.
(5) Applicability of federal advisory committee act.— 
The Federal Advisory Committee Act shall apply to the advisory council established under this subsection, except that section 14 of such Act shall not apply.
[1] So in original. Probably should not be capitalized.

49 USC 112 - Research and Innovative Technology Administration

(a) Establishment.— 
The Research and Innovative Technology Administration shall be an administration in the Department of Transportation.
(b) Administrator.— 

(1) Appointment.— 
The Administration shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Reporting.— 
The Administrator shall report directly to the Secretary.
(c) Deputy Administrator.— 
The Administration shall have a Deputy Administrator who shall be appointed by the Secretary of Transportation. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(d) Powers and Duties of the Administrator.— 
The Administrator shall carry out
(1) powers and duties prescribed by the Secretary for
(A) coordination, facilitation, and review of the Departments research and development programs and activities;
(B) advancement, and research and development, of innovative technologies, including intelligent transportation systems;
(C) comprehensive transportation statistics research, analysis, and reporting;
(D) education and training in transportation and transportation-related fields; and
(E) activities of the Volpe National Transportation Center; and
(2) other powers and duties prescribed by the Secretary.
(e) Administrative Authorities.— 
The Administrator may enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons
(1) to conduct research into transportation service and infrastructure assurance; and
(2) to carry out other research activities of the Administration.

49 USC 113 - Federal Motor Carrier Safety Administration

(a) In General.— 
The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation.
(b) Safety as Highest Priority.— 
In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation.
(c) Administrator.— 
The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation.
(d) Deputy Administrator.— 
The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e) Chief Safety Officer.— 
The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f) Powers and Duties.— 
The Administrator shall carry out
(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and
(2) additional duties and powers prescribed by the Secretary.
(g) Limitation on Transfer of Powers and Duties.— 
A duty or power specified in subsection (f)(1) may only be transferred to another part of the Department when specifically provided by law.
(h) Effect of Certain Decisions.— 
A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving notice and hearing required by law is administratively final.
(i) Consultation.— 
The Administrator shall consult with the Federal Highway Administrator and with the National Highway Traffic Safety Administrator on matters related to highway and motor carrier safety.

49 USC 114 - Transportation Security Administration

(a) In General.— 
The Transportation Security Administration shall be an administration of the Department of Transportation.
(b) Under Secretary.— 

(1) Appointment.— 
The head of the Administration shall be the Under Secretary of Transportation for Security. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Qualifications.— 
The Under Secretary must
(A) be a citizen of the United States; and
(B) have experience in a field directly related to transportation or security.
(3) Term.— 
The term of office of an individual appointed as the Under Secretary shall be 5 years.
(c) Limitation on Ownership of Stocks and Bonds.— 
The Under Secretary may not own stock in or bonds of a transportation or security enterprise or an enterprise that makes equipment that could be used for security purposes.
(d) Functions.— 
The Under Secretary shall be responsible for security in all modes of transportation, including
(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and
(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.
(e) Screening Operations.— 
The Under Secretary shall
(1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments.
(f) Additional Duties and Powers.— 
In addition to carrying out the functions specified in subsections (d) and (e), the Under Secretary shall
(1) receive, assess, and distribute intelligence information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for dealing with threats to transportation security;
(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational guidance to the field security resources of the Administration, including Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and requirements;
(8) identify and undertake research and development activities necessary to enhance transportation security;
(9) inspect, maintain, and test security facilities, equipment, and systems;
(10) ensure the adequacy of security measures for the transportation of cargo;
(11) oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;
(12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel;
(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such other powers, relating to transportation security as the Under Secretary considers appropriate, to the extent authorized by law.
(g) National Emergency Responsibilities.— 

(1) In general.— 
Subject to the direction and control of the Secretary, the Under Secretary, during a national emergency, shall have the following responsibilities:
(A) To coordinate domestic transportation, including aviation, rail, and other surface transportation, and maritime transportation (including port security).
(B) To coordinate and oversee the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.
(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation.
(D) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary shall prescribe.
(2) Authority of other departments and agencies.— 
The authority of the Under Secretary under this subsection shall not supersede the authority of any other department or agency of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during a national emergency.
(3) Circumstances.— 
The Secretary shall prescribe the circumstances constituting a national emergency for purposes of this subsection.
(h) Management of Security Information.— 
In consultation with the Transportation Security Oversight Board, the Under Secretary shall
(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers
(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.
(i) View of NTSB.— 
In taking any action under this section that could affect safety, the Under Secretary shall give great weight to the timely views of the National Transportation Safety Board.
(j) Acquisitions.— 

(1) In general.— 
The Under Secretary is authorized
(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Under Secretary considers necessary;
(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;
(D) to acquire services, including such personal services as the Secretary determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.
(2) Title.— 
Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.
(k) Transfers of Funds.— 
The Under Secretary is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551 (1) of title 5) to carry out functions transferred, on or after the date of enactment of the Aviation and Transportation Security Act, by law to the Under Secretary.
(l) Regulations.— 

(1) In general.— 
The Under Secretary is authorized to issue, rescind, and revise such regulations as are necessary to carry out the functions of the Administration.
(2) Emergency procedures.— 

(A) In general.— 
Notwithstanding any other provision of law or executive order (including an executive order requiring a cost-benefit analysis), if the Under Secretary determines that a regulation or security directive must be issued immediately in order to protect transportation security, the Under Secretary shall issue the regulation or security directive without providing notice or an opportunity for comment and without prior approval of the Secretary.
(B) Review by transportation security oversight board.— 
Any regulation or security directive issued under this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 115. Any regulation or security directive issued under this paragraph shall remain effective for a period not to exceed 90 days unless ratified or disapproved by the Board or rescinded by the Under Secretary.
(3) Factors to consider.— 
In determining whether to issue, rescind, or revise a regulation under this section, the Under Secretary shall consider, as a factor in the final determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation will provide. The Under Secretary may waive requirements for an analysis that estimates the number of lives that will be saved by the regulation and the monetary value of such lives if the Under Secretary determines that it is not feasible to make such an estimate.
(4) Airworthiness objections by faa.— 

(A) In general.— 
The Under Secretary shall not take an aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the Under Secretary that the action could adversely affect the airworthiness of an aircraft.
(B) Review by secretary.— 
Notwithstanding subparagraph (A), the Under Secretary may take such an action, after receiving a notification concerning the action from the Administrator under subparagraph (A), if the Secretary of Transportation subsequently approves the action.
(m) Personnel and Services; Cooperation by Under Secretary.— 

(1) Authority of under secretary.— 
In carrying out the functions of the Administration, the Under Secretary shall have the same authority as is provided to the Administrator of the Federal Aviation Administration under subsections (l) and (m) of section 106.
(2) Authority of agency heads.— 
The head of a Federal agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Under Secretary as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator of the Federal Aviation Administration under section 106 (m).
(n) Personnel Management System.— 
The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees of the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such modifications to the personnel management system with respect to such employees as the Under Secretary considers appropriate, such as adopting aspects of other personnel systems of the Department of Transportation.
(o) Authority of Inspector General.— 
The Transportation Security Administration shall be subject to the Inspector General Act of 1978 (5 U.S.C. App.) and other laws relating to the authority of the Inspector General of the Department of Transportation.
(p) Law Enforcement Powers.— 

(1) In general.— 
The Under Secretary may designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement officer.
(2) Powers.— 
While engaged in official duties of the Administration as required to fulfill the responsibilities under this section, a law enforcement officer designated under paragraph (1) may
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.
(3) Guidelines on exercise of authority.— 
The authority provided by this subsection shall be exercised in accordance with guidelines prescribed by the Under Secretary, in consultation with the Attorney General of the United States, and shall include adherence to the Attorney Generals policy on use of deadly force.
(4) Revocation or suspension of authority.— 
The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Under Secretary has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Transportation and the Under Secretary.
(q) Authority To Exempt.— 
The Under Secretary may grant an exemption from a regulation prescribed in carrying out this section if the Under Secretary determines that the exemption is in the public interest.
(r) Nondisclosure of Security Activities.— 

(1) In general.— 
Notwithstanding section 552 of title 5, the Under Secretary shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 10771) or under chapter 449 of this title if the Under Secretary decides that disclosing the information would
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential commercial or financial information; or
(C) be detrimental to the security of transportation.
(2) Availability of information to congress.— 
Paragraph (1) does not authorize information to be withheld from a committee of Congress authorized to have the information.
(3) Limitation on transferability of duties.— 
Except as otherwise provided by law, the Under Secretary may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United States.
(s) Transportation Security Strategic Planning.— 

(1) In general.— 
The Secretary of Homeland Security shall develop, prepare, implement, and update, as needed
(A) a National Strategy for Transportation Security; and
(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.
(2) Role of secretary of transportation.— 
The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating the documents required by paragraph (1).
(3) Contents of national strategy for transportation security.— 
The National Strategy for Transportation Security shall include the following:
(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption.
(B) The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007[1] across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.
(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, local, and tribal authorities and establishes mechanisms for encouraging cooperation and participation by private sector entities, including nonprofit employee labor organizations, in the implementation of such plan.
(E) A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.
(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.
(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.
(I) Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103 (a) of title 46.
(4) Submissions of plans to congress.— 

(A) Initial strategy.— 
The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the appropriate congressional committees not later than April 1, 2005.
(B) Subsequent versions.— 
After December 31, 2005, the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans and any revisions to the National Strategy for Transportation Security and the transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of each even-numbered year.
(C) Periodic progress report.— 

(i) Requirement for report.— 
Each year, in conjunction with the submission of the budget to Congress under section 1105 (a) of title 31, United States Code, the Secretary of Homeland Security shall submit to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security, including the transportation modal security plans.
(ii) Content.— 
Each progress report submitted under this subparagraph shall include, at a minimum, the following:
(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.
(II) An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.
(III) An accounting of all
(aa) funds requested in the Presidents budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;
(bb) personnel working on transportation security by mode, including the number of contractors; and
(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department.
(iii) Written explanation of transportation security activities not delineated in the national strategy for transportation security.— 
At the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved.
(D) Classified material.— 
Any part of the National Strategy for Transportation Security or the transportation modal security plans that involve information that is properly classified under criteria established by Executive order shall be submitted to the appropriate congressional committees separately in a classified format.
(E) Appropriate congressional committees defined.— 
In this subsection, the term appropriate congressional committees means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(5) Priority Status.— 

(A) In general.— 
The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.
(B) Other plans and reports.— 
The National Strategy for Transportation Security shall include, as an integral part or as an appendix
(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
(ii) the report required by section 44938 of this title;
(iii) transportation modal security plans required under this section;
(iv) the transportation sector specific plan required under Homeland Security Presidential Directive7; and
(v) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.
(6) Coordination.— 
In carrying out the responsibilities under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other entities.
(7) Plan distribution.— 
The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher learning, and other appropriate entities.
(u) [2] Transportation Security Information Sharing Plan.
(1) Definitions.— 
In this subsection:
(A) Appropriate congressional committees.— 
The term appropriate congressional committees has the meaning given that term in subsection (t).[3]
(B) Plan.— 
The term Plan means the Transportation Security Information Sharing Plan established under paragraph (2).
(C) Public and private stakeholders.— 
The term public and private stakeholders means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.
(D) Secretary.— 
The term Secretary means the Secretary of Homeland Security.
(E) Transportation security information.— 
The term transportation security information means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence products, as appropriate.
(2) Establishment of plan.— 
The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the Plan, the Secretary shall gather input on the development of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(3) Purpose of plan.— 
The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.
(4) Content of plan.— 
The Plan shall include
(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;
(B) the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department that has the primary authority, or has been delegated such authority by the Secretary, to regulate the security of that transportation mode;
(C) a reasonable deadline by which the Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5) Coordination with information sharing.— 
The Plan shall be
(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
(B) consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.
(6) Reports to congress.— 

(A) In general.— 
Not later than 150 days after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan.
(B) Annual report.— 
Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the appropriate congressional committees a report on updates to and the implementation of the Plan.
(7) Survey and report.— 

(A) In general.— 
The Comptroller General of the United States shall conduct a biennial survey of the satisfaction of recipients of transportation intelligence reports disseminated under the Plan.
(B) Information sought.— 
The survey conducted under subparagraph (A) shall seek information about the quality, speed, regularity, and classification of the transportation security information products disseminated by the Department of Homeland Security to public and private stakeholders.
(C) Report.— 
Not later than 1 year after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and every even numbered year thereafter, the Comptroller General shall submit to the appropriate congressional committees, a report on the results of the survey conducted under subparagraph (A). The Comptroller General shall also provide a copy of the report to the Secretary.
(8) Security clearances.— 
The Secretary shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public and private stakeholders to receive and obtain access to classified information distributed under this section, as appropriate.
(9) Classification of material.— 
The Secretary, to the greatest extent practicable, shall provide designated public and private stakeholders with transportation security information in an unclassified format.
(v) Enforcement of Regulations and Orders of the Secretary of Homeland Security.— 

(1) Application of subsection.— 

(A) In general.— 
This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an applicable provision of this title).
(B) Violations of chapter 449.— 
The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security under chapter 449 of this title are provided under chapter 463 of this title.
(C) Nonapplication to certain violations.— 

(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title
(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;
(II) by a member of the armed forces of the United States when performing official duties; or
(III) by a civilian employee of the Department of Defense when performing official duties.
(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretarys designee.
(2) Civil penalty.— 

(A) In general.— 
A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.
(B) Repeat violations.— 
A separate violation occurs under this paragraph for each day the violation continues.
(3) Administrative imposition of civil penalties.— 

(A) In general.— 
The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.
(B) Scope of civil action.— 
In a civil action to collect a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or the amount of the penalty.
(C) Jurisdiction.— 
The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary under this subsection if
(i) the amount in controversy is more than
(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(II) $50,000 if the violation was committed by an individual or small business concern;
(ii) the action is in rem or another action in rem based on the same violation has been brought; or
(iii) another action has been brought for an injunction based on the same violation.
(D) Maximum penalty.— 
The maximum civil penalty the Secretary administratively may impose under this paragraph is
(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(ii) $50,000, if the violation was committed by an individual or small business concern.
(E) Notice and opportunity to request hearing.— 
Before imposing a penalty under this section the Secretary shall provide to the person against whom the penalty is to be imposed
(i) written notice of the proposed penalty; and
(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not later than 30 days after the date on which the person receives notice.
(4) Compromise and setoff.— 

(A) The Secretary may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5) Investigations and proceedings.— 
Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary.
(6) Definitions.— 
In this subsection:
(A) Person.— 
The term person does not include
(i) the United States Postal Service; or
(ii) the Department of Defense.
(B) Small business concern.— 
The term small business concern has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).
(7) Enforcement transparency.— 

(A) In general.— 
Not later than December 31, 2008, and annually thereafter, the Secretary shall
(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and
(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.
(B) Electronic availability.— 
Each summary under this paragraph shall be made available to the public by electronic means.
(C) Relationship to the freedom of information act and the privacy act.— 
Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.
(D) Enforcement guidance.— 
Not later than 180 days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary shall provide a report to the public describing the enforcement process established under this subsection.
(w) Authorization of Appropriations.— 
There are authorized to be appropriated to the Secretary of Homeland Security for
(1) railroad security
(A) $488,000,000 for fiscal year 2008;
(B) $483,000,000 for fiscal year 2009;
(C) $508,000,000 for fiscal year 2010; and
(D) $508,000,000 for fiscal year 2011;
(2) over-the-road bus and trucking security
(A) $14,000,000 for fiscal year 2008;
(B) $27,000,000 for fiscal year 2009;
(C) $27,000,000 for fiscal year 2010; and
(D) $27,000,000 for fiscal year 2011; and
(3) hazardous material and pipeline security
(A) $12,000,000 for fiscal year 2008;
(B) $12,000,000 for fiscal year 2009; and
(C) $12,000,000 for fiscal year 2010.
[1] So in original. Probably should be followed by a closing parenthesis.
[2] So in original. There is no subsec. (t).
[3] So in original. Probably should be “subsection (s).”.

49 USC 115 - Transportation Security Oversight Board

(a) In General.— 
There is established in the Department of Homeland Security a board to be known as the Transportation Security Oversight Board.
(b) Membership.— 

(1) Number and appointment.— 
The Board shall be composed of 7 members as follows:
(A) The Secretary of Homeland Security, or the Secretarys designee.
(B) The Secretary of Transportation, or the Secretarys designee.
(C) The Attorney General, or the Attorney Generals designee.
(D) The Secretary of Defense, or the Secretarys designee.
(E) The Secretary of the Treasury, or the Secretarys designee.
(F) The Director of the Central Intelligence Agency, or the Directors designee.
(G) One member appointed by the President to represent the National Security Council.
(2) Chairperson.— 
The Chairperson of the Board shall be the Secretary of Homeland Security.
(c) Duties.— 
The Board shall
(1) review and ratify or disapprove any regulation or security directive issued by the Under Secretary of Transportation for security[1] under section 114 (l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Under Secretary regarding matters reviewed under paragraph (5).
(d) Quarterly Meetings.— 
The Board shall meet at least quarterly.
(e) Consideration of Security Information.— 
A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified, sensitive security information, or information protected in accordance with section 40119 (b), will be discussed.
[1] So in original. Probably should be capitalized.

TITLE 49 - US CODE - CHAPTER 3 - GENERAL DUTIES AND POWERS

TITLE 49 - US CODE - SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

49 USC 301 - Leadership, consultation, and cooperation

The Secretary of Transportation shall
(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.

49 USC 302 - Policy standards for transportation

(a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.
(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
(c) The Secretary shall consider the needs
(1) for effectiveness and safety in transportation systems; and
(2) of national defense.
(d) 
(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by
(A) conducting economic and technological research;
(B) demonstrating advancements in high-speed ground transportation technologies;
(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
(D) minimizing the long-term risks of investors.
(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
(e) Intermodal Transportation.— 
It is the policy of the United States Government to encourage and promote development of a national intermodal transportation system in the United States to move people and goods in an energy-efficient manner, provide the foundation for improved productivity growth, strengthen the Nations ability to compete in the global economy, and obtain the optimum yield from the Nations transportation resources.

49 USC 303 - Policy on lands, wildlife and waterfowl refuges, and historic sites

(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
(c) Approval of Programs and Projects.— 
Subject to subsection (d), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
(d) De Minimis Impacts.— 

(1) Requirements.— 

(A) Requirements for historic sites.— 
The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area.
(B) Requirements for parks, recreation areas, and wildlife or waterfowl refuges.— 
The requirements of subsection (c)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis.
(C) Criteria.— 
In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project.
(2) Historic sites.— 
With respect to historic sites, the Secretary may make a finding of de minimis impact only if
(A) the Secretary has determined, in accordance with the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f), that
(i) the transportation program or project will have no adverse effect on the historic site; or
(ii) there will be no historic properties affected by the transportation program or project;
(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
(3) Parks, recreation areas, and wildlife or waterfowl refuges.— 
With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if
(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.

49 USC 303a - Development of water transportation

(a) Policy.— 
It is the policy of Congress
(1) to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and
(2) to foster and preserve rail and water transportation.
(b) Definition.— 
In this section, inland waterway includes the Great Lakes.
(c) Requirements.— 
The Secretary of Transportation shall
(1) investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States;
(2) investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically;
(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities;
(4) investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which
(A) the waterways are being used to their capacity and are meeting the demands of traffic; and
(B) water carriers using those waterways are interchanging traffic with rail carriers;
(5) investigate other matters that may promote and encourage inland water transportation; and
(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.

49 USC 304 - Joint activities with the Secretary of Housing and Urban Development

(a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall
(1) consult and exchange information about their respective transportation policies and activities;
(2) carry out joint planning, research, and other activities;
(3) coordinate assistance for local transportation projects; and
(4) jointly study methods by which policies and programs of the United States Government can ensure that urban transportation systems most effectively serve both transportation needs of the United States and the comprehensively planned development of urban areas.
(b) The Secretaries shall report on April 1 of each year to the President, for submission to Congress, on their studies and other activities under this section, including legislative recommendations they consider desirable.

49 USC 305 - Transportation investment standards and criteria

(a) Subject to sections 301–304 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or report
(A) with the Secretary and include the views and comments of the Secretary; and
(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and
(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.

49 USC 306 - Prohibited discrimination

(a) In this section, financial assistance includes obligation guarantees.
(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 or chapter 221section 332 or 333 or chapter 221 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.).
(c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection.
(d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions:
(1) direct that no more Federal financial assistance be provided the person.
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.

49 USC 307 - Safety information and intervention in Interstate Commerce Commission proceedings

(a) The Secretary of Transportation shall inspect promptly the safety compliance record in the Department of Transportation of each person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service. The Secretary shall report the findings of the inspection to the Commission.
(b) When the Secretary is not satisfied with the safety record of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed transfer of permanent authority, the Secretary shall intervene and present evidence of the fitness of the person to the Commission in its proceedings.
(c) When requested by the Commission, the Secretary shall
(1) provide the Commission with a complete report on the safety compliance of a carrier providing transportation or freight forwarder service subject to its jurisdiction;
(2) provide promptly a statement of the safety record of a person applying to the Commission for temporary authority to provide transportation;
(3) intervene and present evidence in a proceeding in which a finding of fitness is required; and
(4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act on an application or to make a finding on the fitness of a carrier.

49 USC 308 - Reports

(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
(b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include
(1) collected information the Secretary considers valuable in deciding questions about
(A) the development and regulation of civil aeronautics;
(B) the use of airspace of the United States; and
(C) the improvement of the air navigation and traffic control system; and
(2) recommendations for additional legislation and other action the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national welfare and security; and
(3) factors that may impede the continued development of the ports.
[(d) Repealed. Pub. L. 104–66, title I, § 1121(h), Dec. 21, 1995, 109 Stat. 724.]
(e) 
(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.
(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.

49 USC 309 - High-speed ground transportation

(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.
(b) 
(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.
(2) 
(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.
(B) 
(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.
(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include
(I) feasibility of guideway or track design and construction;
(II) safety and reliability;
(III) impact on the environment in comparison to other high-speed ground transportation technologies;
(IV) minimization of land use;
(V) effect on human factors related to high-speed ground transportation;
(VI) energy and power consumption and cost;
(VII) integration of high-speed ground transportation systems with other modes of transportation;
(VIII) actual and projected ridership; and
(IX) design of signaling, communications, and control systems.
(C) For the purposes of this paragraph, the term eligible applicant means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.
(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.
(c) 
(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as defined by section 201 (b) of title 35, United States Code), with United States companies for the purpose of
(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and
(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.
(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entitys share of the cost of any such project shall be paid in cash.
(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code.
(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).
(d) 
(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of
(A) an economic and financial analysis;
(B) a technical assessment; and
(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.
(2) The economic and financial analysis referred to in paragraph (1)(A) shall include
(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;
(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of
(i) the current transportation practices and trends in each market; and
(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;
(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;
(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;
(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;
(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;
(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;
(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;
(I) an assessment of the potential for a high-speed ground transportation technology export market;
(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;
(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and
(L) any other economic or financial analyses the Secretary considers important for carrying out this section.
(3) The technical assessment referred to in paragraph (1)(B) shall include
(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;
(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;
(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;
(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;
(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;
(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and
(G) any other technical assessments the Secretary considers important for carrying out this section.
(e) 
(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the Policy).
(2) The Policy shall include
(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;
(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;
(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and
(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.
(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.

TITLE 49 - US CODE - SUBCHAPTER II - ADMINISTRATIVE

49 USC 321 - Definitions

In this subchapter, aeronautics, air commerce, and air navigation facility have the same meanings given those terms in section 40102 (a) of this title.

49 USC 322 - General powers

(a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.
(b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103 (c)(1), 104 (c)(1), and 106 (g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned.
(c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers
(1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent;
(2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and
(3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies.
(d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for
(1) rent and personal services;
(2) travel expenses;
(3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges;
(4) printing and binding;
(5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics;
(6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade;
(7) investigations and studies about aeronautics; and
(8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property.
(e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that
(1) making the property would require a substantial initial investment or an extended period of preparation; and
(2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property.

49 USC 323 - Personnel

(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.
(b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services.

49 USC 324 - Members of the armed forces

(a) The Secretary of Transportation
(1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and
(2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.
(b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.
(c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.
(d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.

49 USC 325 - Advisory committees

(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.
(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government.
(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.

49 USC 326 - Gifts

(a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift.
(b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of
(1) gifts of money;
(2) income from property accepted under this section and proceeds from the sale of that property; and
(3) income from securities under subsection (c) of this section.
(c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government.
(d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

49 USC 327 - Administrative working capital fund

(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include
(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;
(2) central messenger, mail, telephone, and other communications services;
(3) office space;
(4) central services for document reproduction, and for graphics and visual aids; and
(5) a central library service.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The fund consists of
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property; and
(4) payments received for loss or damage to property of the fund.
(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.

49 USC 328 - Transportation Systems Center working capital fund

(a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The capital of the fund consists of
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980;
(3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and
(4) the reasonable value of property and other assets donated to the fund.
(d) The fund shall be reimbursed or credited with
(1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for
(A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and
(B) acquiring property and equipment under regulations the Secretary prescribes; and
(2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund.
(e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund.

49 USC 329 - Transportation information

(a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.
(b) The Secretary shall
(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on
(A)  the origin and destination of passengers in interstate air transportation (as that term is used in part A of subtitle VII of this title), and
(B)  the number of passengers traveling by air between any two points in interstate air transportation; except that in no case shall the Secretary require an air carrier to provide information on the number of passengers or the amount of cargo on a specific flight if the flight and the flight number under which such flight operates are used solely for interstate air transportation and are not used for providing essential air transportation under subchapter II of chapter 417 of this title;
(2) study the possibilities of developing air commerce and the aeronautical industry; and
(3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.
(c) 
(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may
(A) make special statistical studies on foreign and domestic transportation;
(B) make special studies on other matters related to duties and powers of the Secretary;
(C) prepare, from records of the Department of Transportation, special statistical compilations; and
(D) provide transcripts of studies, tables, and other records of the Department.
(2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information.
(d) To assist in carrying out duties and powers under part A of subtitle VII of this title, the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that part.
(e) Incidents and Complaints Involving Passenger and Baggage Security Screening.— 

(1) Publication of data.— 
The Secretary of Transportation shall publish data on incidents and complaints involving passenger and baggage security screening in a manner comparable to other consumer complaint and incident data.
(2) Monthly reports from secretary of homeland security.— 
To assist in the publication of data under paragraph (1), the Secretary of Transportation may request the Secretary of Homeland Security to periodically report on the number of complaints about security screening received by the Secretary of Homeland Security.

49 USC 330 - Research contracts

(a) The Secretary of Transportation may make contracts with educational institutions, public and private agencies and organizations, and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show that it is able to carry out the contract.
(b) In carrying out this section, the Secretary shall
(1) give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary;
(2) participate in coordinating all research started under this section;
(3) indicate the lines of inquiry most important to the Secretary; and
(4) encourage and assist in establishing and maintaining cooperation by and between contractors and between them and other research organizations, the Department of Transportation, and other departments, agencies, and instrumentalities of the United States Government.
(c) The Secretary may distribute publications containing information the Secretary considers relevant to research carried out under this section.

49 USC 331 - Service, supplies, and facilities at remote places

(a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places:
(1) emergency medical services and supplies.
(2) food and other subsistence supplies.
(3) messing facilities.
(4) motion picture equipment and film for recreation and training.
(5) living and working quarters and facilities.
(6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress.
(b) The Secretary shall prescribe reasonable charges for medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made.
(c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available.

49 USC 332 - Minority Resource Center

(a) In this section, minority includes women.
(b) The Department of Transportation has a Minority Resource Center. The Center may
(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;
(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;
(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;
(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;
(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;
(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and
(7) make arrangements to carry out this section.
(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals.
(d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.
(e) Bonding Assistance.— 

(1) In general.— 
The Secretary, acting through the Minority Resource Center established under subsection (b), shall provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises pursuant to subsection (b)(4).
(2) Authorization of appropriation.— 
There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out activities under this subsection.

49 USC 333 - Responsibility for rail transportation unification and coordination projects

(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest.
(b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.
(c) 
(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through
(A) elimination of duplicating or overlapping operations and facilities;
(B) reducing switching operations;
(C) using the shortest or more efficient and economical routes;
(D) exchanging trackage rights;
(E) combining trackage and terminal or other facilities;
(F) upgrading tracks and other facilities used by at least 2 rail carriers;
(G) reducing administrative and other expenses; and
(H) other measures likely to reduce costs and improve rail transportation.
(2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding section 11904 of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary.
(d) 
(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference
(A) officers and directors of an affected rail carrier;
(B) representatives of rail carrier employees who may be affected;
(C) representatives of the Interstate Commerce Commission;
(D) State and local government officials, shippers, and consumer representatives; and
(E) representatives of the Federal Trade Commission and the Attorney General.
(2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project.
(e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Interstate Commerce Commission under section 11323 (a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11324 (b) of this title. When the proposal is the subject of an application and proceeding before the Commission, the Secretary may appear in any proceeding related to the application.

334, 335. Repealed. Pub. L. 103272, 4(j)(9)(A), July 5, 1994, 108 Stat. 1367]

Section 334, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2430; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–223, title III, § 304, Dec. 30, 1987, 101 Stat. 1525; Pub. L. 100–690, title VII, § 7207(c)(3), Nov. 18, 1988, 102 Stat. 4428, related to a limit on aviation charges. See section 45301 of this title. Section 335, Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2430, authorized appropriations to the Secretary of Transportation for fiscal years ending Sept. 30, 1983, and Sept. 30, 1984.

49 USC 336 - Civil penalty procedures

(a) After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) The Secretary may refund or remit a civil penalty collected under this section if
(1) application has been made for refund or remission of the penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.

49 USC 337 - Budget request for the Director of Intelligence and Security

The annual budget the Secretary of Transportation submits shall include a specific request for the Office of the Director of Intelligence and Security. In deciding on the budget request for the Office, the Secretary shall consider recommendations in the annual report submitted under section 44938 (a) of this title.

TITLE 49 - US CODE - SUBCHAPTER III - MISCELLANEOUS

49 USC 351 - Judicial review of actions in carrying out certain transferred duties and powers

(a) Judicial Review.— 
An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89670, 80 Stat. 931), or an action of the Administrator of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration in carrying out a duty or power specifically assigned to the Administrator by that Act, may be reviewed judicially to the same extent and in the same way as if the action had been an action by the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer or assignment.
(b) Application of Procedural Requirements.— 
A statutory requirement related to notice, an opportunity for a hearing, action on the record, or administrative review that applied to a duty or power transferred by the Act applies to the Secretary or Administrator when carrying out the duty or power.
(c) Nonapplication.— 
This section does not apply to a duty or power transferred from the Interstate Commerce Commission to the Secretary under section 6 (e)(1)(4) and (6)(A) of the Act.

49 USC 352 - Authority to carry out certain transferred duties and powers

In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality.

49 USC 353 - Toxicological testing of officers and employees

(a) Collecting Specimens.— 
When the Secretary of Transportation or the head of a component of the Department of Transportation conducts post-accident or post-incident toxicological testing of an officer or employee of the Department, the Secretary or head shall collect the specimen from the officer or employee as soon as practicable after the accident or incident. The Secretary or head shall try to collect the specimen not later than 4 hours after the accident or incident.
(b) Reports.— 
The head of each component shall submit a report to the Secretary on the circumstances about the amount of time required to collect the specimen for a toxicological test conducted on an officer or employee who is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the National Transportation Safety Board.
(c) Noncompliance Not a Defense.— 
An officer or employee required to submit to toxicological testing may not assert failure to comply with this section as a claim, cause of action, or defense in an administrative or judicial proceeding.

49 USC 354 - Investigative authority of Inspector General

(a) In General.— 
The statutory authority of the Inspector General of the Department of Transportation includes authority to conduct, pursuant to Federal criminal statutes, investigations of allegations that a person or entity has engaged in fraudulent or other criminal activity relating to the programs and operations of the Department or its operating administrations.
(b) Regulated Entities.— 
The authority to conduct investigations referred to in subsection (a) extends to any person or entity subject to the laws and regulations of the Department or its operating administrations, whether or not they are recipients of funds from the Department or its operating administrations.

TITLE 49 - US CODE - CHAPTER 5 - SPECIAL AUTHORITY

TITLE 49 - US CODE - SUBCHAPTER I - POWERS

49 USC 501 - Definitions and application

(a) In this chapter
(1) the definitions in sections 10102 and 13102 of this title apply.
(2) migrant worker has the same meaning given that term in section 31501 of this title.
(3) motor carrier of migrant workers means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 31502 (c) of this title.
(b) Application.— 
This chapter only applies in carrying out sections 20302 (a)(1)(B) and (C), (2), and (3), (c), and (d)(1) and 20303 and chapters 205 (except section 20504 (b)), 211, 213 (in carrying out those sections and chapters), and 315 of this title.

49 USC 502 - General authority

(a) The Secretary of Transportation shall carry out this chapter.
(b) The Secretary may
(1) inquire into and report on the management of the business of rail carriers and motor carriers;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and
(3) obtain from those carriers and persons information the Secretary determines to be necessary.
(c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may
(1) confer and hold joint hearings with State authorities;
(2) cooperate with and use the services, records, and facilities of State authorities; and
(3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.
(d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.
(e) 
(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.
(2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.
(3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.
(f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

49 USC 503 - Service of notice and process on certain motor carriers of migrant workers and on motor private carriers

(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made.

49 USC 504 - Reports and records

(a) In this section
(1) association means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier.
(2) carrier means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier.
(3) lessor means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another.
(4) lessor and carrier include a receiver or trustee of that lessor or carrier, respectively.
(b) 
(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by
(A) carriers and lessors; and
(B) a person furnishing cars or protective service against heat or cold to or for a rail carrier.
(2) The Secretary may require
(A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and
(B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service.
(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor) designated by the Secretary, may on demand and display of proper credentials
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of
(A) a carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that persons relation to, or transaction with, that carrier; and
(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.
(d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service.
(e) 
(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report.
(2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath.
(f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.

49 USC 505 - Arrangements and public records

(a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding.
(b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in section 504 (f) of this title, in a judicial proceeding.

49 USC 506 - Authority to investigate

(a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding.
(b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant.
(c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents.

49 USC 507 - Enforcement

(a) The Secretary of Transportation may bring a civil action to enforce
(1) an order of the Secretary under this chapter when violated by a rail carrier; and
(2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder.
(b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary.
(c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or an order or regulation issued under any of those provisions. Such district court shall have jurisdiction to determine any such action and may grant such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
(d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection.
(e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier
(1) trial is in the judicial district in which the carrier operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and
(3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person.

49 USC 508 - Safety performance history of new drivers; limitation on liability

(a) Limitation on Liability.— 
No action or proceeding for defamation, invasion of privacy, or interference with a contract that is based on the furnishing or use of safety performance records in accordance with regulations issued by the Secretary may be brought against
(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary;
(2) a person who has complied with such a request; or
(3) the agents or insurers of a person described in paragraph (1) or (2).
(b) Restrictions on Applicability.— 

(1) Motor carrier requesting.— 
Subsection (a) does not apply to a motor carrier requesting safety performance records unless
(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records;
(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and
(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual.
(2) Person complying with requests.— 
Subsection (a) does not apply to a person complying with a request for safety performance records unless
(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and
(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records.
(3) Persons knowingly furnishing false information.— 
Subsection (a) does not apply to persons who knowingly furnish false information.
(c) Preemption of State and Local Law.— 
No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using safety performance records in accordance with regulations issued by the Secretary to carry out this section. Notwithstanding any provision of law, written authorization shall not be required to obtain information on the motor vehicle driving record of an individual under consideration for employment with a motor carrier.

TITLE 49 - US CODE - SUBCHAPTER II - PENALTIES

49 USC 521 - Civil penalties

(a) 
(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation.
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504 (c)(1) of this title, is liable to the Government for a civil penalty of $100 for each violation.
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(b) Violations Relating to Commercial Motor Vehicle Safety Regulation and Operators.— 

(1) Notice.— 

(A) In general.— 
If the Secretary finds that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305 (b), 31310 (g)(1)(A),1 or 31502 of this title, or a violation of a regulation issued under any of those provisions, has occurred, the Secretary shall issue a written notice to the violator. Such notice shall describe with reasonable particularity the nature of the violation found and the provision which has been violated. The notice shall specify the proposed civil penalty, if any, and suggest actions which might be taken in order to abate the violation. The notice shall indicate that the violator may, within 15 days of service, notify the Secretary of the violators intention to contest the matter. In the event of a contested notice, the Secretary shall afford such violator an opportunity for a hearing, pursuant to section 554 of title 5, following which the Secretary shall issue an order affirming, modifying, or vacating the notice of violation.
(B) Nonapplicability to reporting and recordkeeping violations.— 
Subparagraph (A) shall not apply to reporting and recordkeeping violations.
(2) Civil Penalty.— 

(A) In general.— 
Except as otherwise provided in this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act that is a violation of regulations issued by the Secretary under subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except subparagraph (C)), no civil penalty shall be assessed under this section against an employee for a violation in an amount exceeding $2,500.
(B) Recordkeeping and reporting violations.— 
A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title or under any regulation issued by the Secretary pursuant to subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person
(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $10,000; or
(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.
(C) Violations pertaining to cdls.— 
Any person who is determined by the Secretary, after notice and opportunity for a hearing, to have committed an act which is a violation of section 31302, 31303, 31304, 31305 (b), or 31310 (g)(1)(A) of this title shall be liable to the United States for a civil penalty not to exceed $2,500 for each offense.
(D) Determination of amount.— 
The amount of any civil penalty, and a reasonable time for abatement of the violation, shall by written order be determined by the Secretary, taking into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice and public safety may require. In each case, the assessment shall be calculated to induce further compliance.
(E) Copying of records and access to equipment, lands, and buildings.— 
A person subject to chapter 51 or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to part B of subtitle VI who fails to allow promptly, upon demand, the Secretary (or an employee designated by the Secretary) to inspect and copy any record or inspect and examine equipment, lands, buildings and other property in accordance with sections 504 (c), 5121 (c), and 14122 (b) shall be liable to the United States for a civil penalty not to exceed $1,000 for each offense. Each day the Secretary is denied the right to inspect and copy any record or inspect and examine equipment, lands, buildings and other property shall constitute a separate offense, except that the total of all civil penalties against any violator for all offenses related to a single violation shall not exceed $10,000. It shall be a defense to such penalty that the records did not exist at the time of the Secretarys request or could not be timely produced without unreasonable expense or effort. Nothing in this subparagraph amends or supersedes any remedy available to the Secretary under section 502 (d), section 507(c), or any other provision of this title.
(3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of such notice in such place or places and for such duration as the Secretary may determine appropriate to aid in the enforcement of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305 (b), or 31502 of this title, as the case may be.
(4) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary.
(5) 
(A) If, upon inspection or investigation, the Secretary determines that a violation of a provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305 (b), or 31502 of this title or a regulation issued under any of those provisions, or combination of such violations, poses an imminent hazard to safety, the Secretary shall order a vehicle or employee operating such vehicle out of service, or order an employer to cease all or part of the employers commercial motor vehicle operations. In making any such order, the Secretary shall impose no restriction on any employee or employer beyond that required to abate the hazard. Subsequent to the issuance of the order, opportunity for review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order.
(B) In this paragraph, imminent hazard means any condition of vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.
(6) Criminal Penalties.— 

(A) In general.— 
Any person who knowingly and willfully violates any provision of subchapter III of chapter 311 (except sections 31138 and 31139) or section 31502 of this title, or a regulation issued under any of those provisions shall, upon conviction, be subject for each offense to a fine not to exceed $25,000 or imprisonment for a term not to exceed one year, or both, except that, if such violator is an employee, the violator shall only be subject to penalty if, while operating a commercial motor vehicle, the violators activities have led or could have led to death or serious injury, in which case the violator shall be subject, upon conviction, to a fine not to exceed $2,500.
(B) Violations pertaining to cdls.— 
Any person who knowingly and willfully violates
(i) any provision of section 31302, 31303 (b) or (c), 31304, 31305 (b), or 31310 (g)(1)(A) of this title or a regulation issued under such section, or
(ii) with respect to notification of a serious traffic violation as defined under section 31301 of this title, any provision of section 31303 (a) of this title or a regulation issued under section 31303 (a), shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both.
(7) The Secretary shall issue regulations establishing penalty schedules designed to induce timely compliance for persons failing to comply promptly with the requirements set forth in any notices and orders under this subsection.
(8) Prohibition on operation in interstate commerce after nonpayment of penalties.— 

(A) In general.— 
An owner or operator of a commercial motor vehicle against whom a civil penalty is assessed under this chapter or chapter 51, 149, or 311 of this title and who does not pay such penalty or fails to arrange and abide by an acceptable payment plan for such civil penalty may not operate in interstate commerce beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty. This paragraph shall not apply to any person who is unable to pay a civil penalty because such person is a debtor in a case under chapter 11 of title 11, United States Code.
(B) Regulations.— 
Not later than 12 months after the date of the enactment of this paragraph, the Secretary, after notice and an opportunity for public comment, shall issue regulations setting forth procedures for ordering commercial motor vehicle owners and operators delinquent in paying civil penalties to cease operations until payment has been made.
(9) Any aggrieved person who, after a hearing, is adversely affected by a final order issued under this section may, within 30 days, petition for review of the order in the United States Court of Appeals in the circuit wherein the violation is alleged to have occurred or where the violator has his principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order shall be based on a determination of whether the Secretarys findings and conclusions were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urged before the Secretary shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary.
(10) All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account).
(11) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought.
(12) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
(13) The provisions of this subsection shall not affect chapter 51 of this title or any regulation promulgated by the Secretary under chapter 51.
(14) As used in this subsection, the terms commercial motor vehicle, employee, employer, and State have the meaning such terms have under section 31132 of this title.
[1] See References in Text note below.

49 USC 522 - Reporting and record keeping violations

A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully
(1)  makes a false entry in the report or record,
(2)  destroys, mutilates, changes, or by another means falsifies the record,
(3)  does not enter business related facts and transactions in the record,
(4)  makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or
(5)  files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.

49 USC 523 - Unlawful disclosure of information

(a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
(b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and
(3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.
(c) An employee of the Secretary of Transportation delegated to make an inspection under section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

49 USC 524 - Evasion of regulation of motor carriers

A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade regulation of motor carriers under this chapter shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.

49 USC 525 - Disobedience to subpenas

A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.

49 USC 526 - General criminal penalty when specific penalty not provided

When another criminal penalty is not provided under a provision of this chapter, subchapter III of chapter 311 (except sections 31138 and 31139), or section 31502 of this title, a person that knowingly and willfully violates any of those provisions or a regulation or order of the Secretary of Transportation under any of those provisions, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

TITLE 49 - US CODE - CHAPTER 7 - SURFACE TRANSPORTATION BOARD

TITLE 49 - US CODE - SUBCHAPTER I - ESTABLISHMENT

49 USC 701 - Establishment of Board

(a) Establishment.— 
There is hereby established within the Department of Transportation the Surface Transportation Board.
(b) Membership.— 

(1) The Board shall consist of 3 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 2 members may be appointed from the same political party.
(2) At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on December 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3).
(5) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual who becomes a member of the Board pursuant to paragraph (4), or an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(6) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.
(7) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(c) Chairman.— 

(1) There shall be at the head of the Board a Chairman, who shall be designated by the President from among the members of the Board. The Chairman shall receive compensation at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5.
(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall
(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;
(B) appoint the heads of offices with the approval of the Board;
(C) distribute Board business among officers and employees and offices of the Board;
(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.

49 USC 702 - Functions

Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.

49 USC 703 - Administrative provisions

(a) Executive Reorganization.— 
Chapter 9 of title 5, United States Code, shall apply to the Board in the same manner as it does to an independent regulatory agency, and the Board shall be an establishment of the United States Government.
(b) Open Meetings.— 
For purposes of section 552b of title 5, United States Code, the Board shall be deemed to be an agency.
(c) Independence.— 
In the performance of their functions, the members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department of Transportation.
(d) Representation by Attorneys.— 
Attorneys designated by the Chairman of the Board may appear for, and represent the Board in, any civil action brought in connection with any function carried out by the Board pursuant to this chapter or subtitle IV or as otherwise authorized by law.
(e) Admission To Practice.— 
Subject to section 500 of title 5, the Board may regulate the admission of individuals to practice before it and may impose a reasonable admission fee.
(f) Budget Requests.— 
In each annual request for appropriations by the President, the Secretary of Transportation shall identify the portion thereof intended for the support of the Board and include a statement by the Board
(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and
(2) an assessment of the budgetary needs of the Board.
(g) Direct Transmittal to Congress.— 
The Board shall transmit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the Secretary of Transportation. An officer of an agency may not impose conditions on or impair communications by the Board with Congress, or a committee or Member of Congress, about the information.

49 USC 704 - Annual report

The Board shall annually transmit to the Congress a report on its activities.

49 USC 705 - Authorization of appropriations

There are authorized to be appropriated for the activities of the Board
(1) $8,421,000 for fiscal year 1996;
(2) $12,000,000 for fiscal year 1997; and
(3) $12,000,000 for fiscal year 1998.

49 USC 706 - Reporting official action

(a) Reports on Proceedings.— 
The Board shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents.
(b) Special Rules for Matters Related to Rail Carriers.— 

(1) When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552 (a) of title 5.

TITLE 49 - US CODE - SUBCHAPTER II - ADMINISTRATIVE

49 USC 721 - Powers

(a) In General.— 
The Board shall carry out this chapter and subtitle IV. Enumeration of a power of the Board in this chapter or subtitle IV does not exclude another power the Board may have in carrying out this chapter or subtitle IV. The Board may prescribe regulations in carrying out this chapter and subtitle IV.
(b) Inquiries, Reports, and Orders.— 
The Board may
(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;
(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of chapter 5 of title 5.
(c) Subpoena Witnesses.— 

(1) The Board may subpoena witnesses and records related to a proceeding of the Board from any place in the United States, to the designated place of the proceeding. If a witness disobeys a subpoena, the Board, or a party to a proceeding before the Board, may petition a court of the United States to enforce that subpoena.
(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(d) Depositions.— 

(1) In a proceeding, the Board may take the testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding pending before the Board may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding is at issue on petition and answer.
(2) If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.
(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.
(e) Witness Fees.— 
Each witness summoned before the Board or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.

49 USC 722 - Board action

(a) Effective Date of Actions.— 
Unless otherwise provided in subtitle IV, the Board may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect.
(b) Terminating and Changing Actions.— 
An action of the Board remains in effect under its own terms or until superseded. The Board may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Board. A court of competent jurisdiction may suspend or set aside any such action.
(c) Reconsidering Actions.— 
The Board may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances
(1) reopen a proceeding;
(2) grant rehearing, reargument, or reconsideration of an action of the Board; or
(3) change an action of the Board.

An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.

(d) Finality of Actions.— 
Notwithstanding subtitle IV, an action of the Board under this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date.

49 USC 723 - Service of notice in Board proceedings

(a) Designation of Agent.— 
A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent in the District of Columbia, on whom service of notices in a proceeding before, and of actions of, the Board may be made.
(b) Filing and Changing Designations.— 
A designation under subsection (a) shall be in writing and filed with the Board. The designation may be changed at any time in the same manner as originally made.
(c) Service of Notice.— 
Except as otherwise provided, notices of the Board shall be served on its designated agent at the office or usual place of residence in the District of Columbia of that agent. A notice of action of the Board shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(d) Special Rule for Rail Carriers.— 
In a proceeding involving the lawfulness of classifications, rates, or practices of a rail carrier that has not designated an agent under this section, service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier.

49 USC 724 - Service of process in court proceedings

(a) Designation of Agent.— 
A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent in the District of Columbia on whom service of process in an action before a district court may be made. Except as otherwise provided, process in an action before a district court shall be served on the designated agent of that carrier at the office or usual place of residence in the District of Columbia of that agent. If the carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(b) Changing Designation.— 
A designation under this section may be changed at any time in the same manner as originally made.

49 USC 725 - Administrative support

The Secretary of Transportation shall provide administrative support for the Board.

49 USC 726 - Railroad-Shipper Transportation Advisory Council

(a) Establishment; Membership.— 
There is established the Railroad-Shipper Transportation Advisory Council (in this section referred to as the Council) to be composed of 19 members, of which 15 members shall be appointed by the Chairman of the Board, after recommendation from rail carriers and shippers, within 60 days after December 29, 1995. The members of the Council shall be appointed as follows:
(1) The members of the Council shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of the various segments of the railroad and rail shipper industries.
(2) Nine of the members shall be appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries, which 9 members shall be the voting members of the Council. Council action and Council positions shall be determined by a majority vote of the members present. A majority of such voting members shall constitute a quorum. Of such 9 voting members
(A) at least 4 shall be representative of small shippers (as determined by the Chairman); and
(B) at least 4 shall be representative of Class II or III railroads.
(3) The remaining 6 members of the Council shall serve in a nonvoting advisory capacity only, but shall be entitled to participate in Council deliberations. Of the remaining members
(A) 3 shall be representative of Class I railroads; and
(B) 3 shall be representative of large shipper organizations (as determined by the Chairman).
(4) The Secretary of Transportation and the members of the Board shall serve as ex officio, nonvoting members of the Council. The Council shall not be subject to the Federal Advisory Committee Act. A list of the members appointed to the Council shall be forwarded to the Chairmen and ranking members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(5) Each ex officio member of the Council may designate an alternate, who shall serve as a member of the Council whenever the ex officio member is unable to attend a meeting of the Council. Any such designated alternate shall be selected from individuals who exercise significant decision-making authority in the Federal agency involved.
(b) Term of Office.— 
The members of the Council shall be appointed for a term of office of 3 years, except that of the members first appointed
(1) 5 members shall be appointed for terms of 1 year; and
(2) 5 members shall be appointed for terms of 2 years,

as designated by the Chairman at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the members predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were made. No member of the Council shall be eligible to serve in excess of two consecutive terms.

(c) Election and Duties of Officers.— 
The Council Chairman and Vice Chairman and other appropriate officers of the Council shall be elected by and from the voting members of the Council. The Council Chairman shall serve as the Councils executive officer and shall direct the administration of the Council, assign officer and committee duties, and shall be responsible for issuing and communicating the reports, policy positions and statements of the Council. In the event that the Council Chairman is unable to serve, the Vice Chairman shall act as Council Chairman.
(d) Expenses.— 

(1) The members of the Council shall receive no compensation for their services as such, but upon request by the Council Chairman, based on a showing of significant economic burden, the Secretary of Transportation or the Chairman of the Board, to the extent provided in advance in appropriation Acts, may provide reasonable and necessary travel expenses for such individual Council members from Department or Board funding sources in order to foster balanced representation on the Council.
(2) Upon request by the Council Chairman, the Secretary or Chairman of the Board, to the extent provided in advance in appropriations Acts, may pay the reasonable and necessary expenses incurred by the Council in connection with the coordination of Council activities, announcement and reporting of meetings, and preparation of such Council documents as are required or permitted by this section.
(3) The Council may solicit and use private funding for its activities, subject to this subsection.
(4) Prior to making any Federal funding requests, the Council Chairman shall undertake best efforts to fund such activities privately unless the Council Chairman determines that such private funding would create a conflict of interest, or the appearance thereof, or is otherwise impractical. The Council Chairman shall not request funding from any Federal agency without providing written justification as to why private funding would create any such conflict or appearance, or is otherwise impractical.
(5) To enable the Council to carry out its functions
(A) the Council Chairman may request directly from any Federal agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as the Council Chairman determines necessary to carry out the functions of the Council;
(B) each Federal agency may, in its discretion, furnish the Council with such information, services, and facilities as the Council Chairman may request to the extent permitted by law and within the limits of available funds; and
(C) each Federal agency may, in its discretion, detail to temporary duty with the Council, such personnel as the Council Chairman may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status.
(e) Meetings.— 
The Council shall meet at least semi-annually and shall hold other meetings at the call of the Council Chairman. Appropriate Federal facilities, where available, may be used for such meetings. Whenever the Council, or a committee of the Council, considers matters that affect the jurisdictional interests of Federal agencies that are not represented on the Council, the Council Chairman may invite the heads of such agencies, or their designees, to participate in the deliberations of the Council.
(f) Functions and Duties; Annual Report.— 

(1) The Council shall advise the Secretary, the Chairman, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives with respect to rail transportation policy issues it considers significant, with particular attention to issues of importance to small shippers and small railroads, including car supply, rates, competition, and effective procedures for addressing legitimate shipper and other claims.
(2) To the extent the Council addresses specific grain car issues, it shall coordinate such activities with the National Grain Car Council. The Secretary and Chairman shall cooperate with the Council to provide research, technical and other reasonable support in developing any reports and policy statements required or authorized by this subsection.
(3) The Council shall endeavor to develop within the private sector mechanisms to prevent, or identify and effectively address, obstacles to the most effective and efficient transportation system practicable.
(4) The Council shall prepare an annual report concerning its activities and the results of Council efforts to resolve industry issues, and propose whatever regulatory or legislative relief it considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with respect to the performance of the Secretary and Chairman under this chapter, and with respect to the operation and effectiveness of meetings and industry developments relating to the Councils efforts, and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and Chairman, and shall include the Secretarys and Chairmans views or comments relating to
(A) the accuracy of information therein;
(B) Council efforts and reasonableness of Council positions and actions; and
(C) any other aspects of the Councils work as they may consider appropriate.

The Council may prepare other reports or develop policy statements as the Council considers appropriate. An annual report shall be submitted for each fiscal year and shall be submitted to the Secretary and Chairman within 90 days after the end of the fiscal year. Other such reports and statements may be submitted as the Council considers appropriate.

49 USC 727 - Definitions

All terms used in this chapter that are defined in subtitle IV shall have the meaning given those terms in that subtitle.

SUBTITLE II - US CODE - OTHER GOVERNMENT AGENCIES

TITLE 49 - US CODE - CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

TITLE 49 - US CODE - SUBCHAPTER I - GENERAL

49 USC 1101 - Definitions

Section 2101(17a) of title 46 and section 40102 (a) of this title apply to this chapter. In this chapter, the term accident includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.

TITLE 49 - US CODE - SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

49 USC 1111 - General organization

(a) Organization.— 
The National Transportation Safety Board is an independent establishment of the United States Government.
(b) Appointment of Members.— 
The Board is composed of 5 members appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party. At least 3 members shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in accident reconstruction, safety engineering, human factors, transportation safety, or transportation regulation.
(c) Terms of Office and Removal.— 
The term of office of each member is 5 years. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, is appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.— 
The President shall designate, by and with the advice and consent of the Senate, a Chairman of the Board. The President also shall designate a Vice Chairman of the Board. The terms of office of both the Chairman and Vice Chairman are 2 years. When the Chairman is absent or unable to serve or when the position of Chairman is vacant, the Vice Chairman acts as Chairman.
(e) Duties and Powers of Chairman.— 
The Chairman is the chief executive and administrative officer of the Board. Subject to the general policies and decisions of the Board, the Chairman shall
(1) appoint and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this chapter;
(2) fix the pay of officers and employees necessary to carry out this chapter;
(3) distribute business among the officers, employees, and administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f) Quorum.— 
Three members of the Board are a quorum in carrying out duties and powers of the Board.
(g) Offices, Bureaus, and Divisions.— 
The Board shall establish offices necessary to carry out this chapter, including an office to investigate and report on the safe transportation of hazardous material. The Board shall establish distinct and appropriately staffed bureaus, divisions, or offices to investigate and report on accidents involving each of the following modes of transportation:
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h) Chief Financial Officer.— 
The Chairman shall designate an officer or employee of the Board as the Chief Financial Officer. The Chief Financial Officer shall
(1) report directly to the Chairman on financial management and budget execution;
(2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and
(3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides, and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value.
(i) Board Member Staff.— 
Each member of the Board shall select and supervise regular and full-time employees in his or her immediate office as long as any such employee has been approved for employment by the designated agency ethics official under the same guidelines that apply to all employees of the Board. Except for the Chairman, the appointment authority provided by this subsection is limited to the number of full-time equivalent positions, in addition to 1 senior professional staff at a level not to exceed the GS 15 level and 1 administrative staff, allocated to each member through the Boards annual budget and allocation process.
(j) Seal.— 
The Board shall have a seal that shall be judicially recognized.

49 USC 1112 - Special boards of inquiry on air transportation safety

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

49 USC 1113 - Administrative

(a) General Authority.— 

(1) The National Transportation Safety Board, and when authorized by it, a member of the Board, an administrative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairman of the Board, may conduct hearings to carry out this chapter, administer oaths, and require, by subpena or otherwise, necessary witnesses and evidence.
(2) A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
(3) A subpoena shall be issued under the signature of the Chairman or the Chairmans delegate but may be served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court.
(b) Additional Powers.— 

(1) The Board may
(A) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5;
(B) make agreements and other transactions necessary to carry out this chapter without regard to section 3709 of the Revised Statutes (41 U.S.C. 5);
(C) use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis;
(D) confer with employees and use services, records, and facilities of State and local governmental authorities;
(E) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate;
(F) accept voluntary and uncompensated services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to carry out studies related to duties and powers of the Board; and
(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.
(c) Submission of Certain Copies to Congress.— 
When the Board submits to the President or the Director of the Office of Management and Budget a budget estimate, budget request, supplemental budget estimate, other budget information, a legislative recommendation, prepared testimony for congressional hearings, or comments on legislation, the Board must submit a copy to Congress at the same time. An officer, department, agency, or instrumentality of the Government may not require the Board to submit the estimate, request, information, recommendation, testimony, or comments to another officer, department, agency, or instrumentality of the Government for approval, comment, or review before being submitted to Congress. The Board shall develop and approve a process for the Boards review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.
(d) Liaison Committees.— 
The Chairman may determine the number of committees that are appropriate to maintain effective liaison with other departments, agencies, and instrumentalities of the Government, State and local governmental authorities, and independent standard-setting authorities that carry out programs and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees.
(e) Inquiries.— 
The Board, or an officer or employee of the Board designated by the Chairman, may conduct an inquiry to obtain information related to transportation safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Government, a State or local governmental authority, or a person transporting individuals or property in commerce to submit to the Board a written report and answers to requests and questions related to a duty or power of the Board. The Board may prescribe the time within which the report and answers must be given to the Board or to the designated officer or employee. Copies of the report and answers shall be made available for public inspection.
(f) Regulations.— 
The Board may prescribe regulations to carry out this chapter.
(g) Overtime Pay.— 

(1) In general.— 
Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542 (a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay.
(2) Limitation on overtime pay to an employee.— 
An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year.
(3) Limitation on total amount of overtime pay.— 
The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year.
(4) Basic pay defined.— 
In this subsection, the term basic pay includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law).
(5) Annual report.— 
Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 percent limit established by paragraph (2).
(h) Investigative Officers.— 
The Board shall maintain at least 1 full-time employee in each State located more than 1,000 miles from the nearest Board regional office to provide initial investigative response to accidents the Board is empowered to investigate under this chapter that occur in that State.

49 USC 1114 - Disclosure, availability, and use of information

(a) General.— 

(1) Except as provided in subsections (b), (c), (d), and (f) of this section, a copy of a record, information, or investigation submitted or received by the National Transportation Safety Board, or a member or employee of the Board, shall be made available to the public on identifiable request and at reasonable cost. This subsection does not require the release of information described by section 552 (b) of title 5 or protected from disclosure by another law of the United States.
(2) The Board shall deposit in the Treasury amounts received under paragraph (1) to be credited to the appropriation of the Board as offsetting collections.
(b) Trade Secrets.— 

(1) The Board may disclose information related to a trade secret referred to in section 1905 of title 18 only
(A) to another department, agency, or instrumentality of the United States Government when requested for official use;
(B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee;
(C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and
(D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety.
(2) Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality.
(3) Protection of Voluntary Submission of Information.— 
Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Boards accident or incident investigation authority under this chapter and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information.
(c) Cockpit Recordings and Transcripts.— 

(1) The Board may not disclose publicly any part of a cockpit voice or video recorder recording or transcript of oral communications by and between flight crew members and ground stations related to an accident or incident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information the Board decides is relevant to the accident or incident
(A) if the Board holds a public hearing on the accident or incident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident or incident are placed in the public docket.
(2) This subsection does not prevent the Board from referring at any time to cockpit voice or video recorder information in making safety recommendations.
(d) Surface Vehicle Recordings and Transcripts.— 

(1) Confidentiality of recordings.— 
The Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident
(A) if the Board holds a public hearing on the accident, at the time of the hearing; or
(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket.
(2) References to information in making safety recommendations.— 
This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.
(e) Drug Tests.— 

(1) Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (Public Law 10071, 101 Stat. 471), the Secretary of Transportation shall provide the following information to the Board when requested in writing by the Board:
(A) any report of a confirmed positive toxicological test, verified as positive by a medical review officer, conducted on an officer or employee of the Department of Transportation under post-accident, unsafe practice, or reasonable suspicion toxicological testing requirements of the Department, when the officer or employee is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the Board.
(B) any laboratory record documenting that the test is confirmed positive.
(2) Except as provided by paragraph (3) of this subsection, the Board shall maintain the confidentiality of, and exempt from disclosure under section 552 (b)(3) of title 5
(A) a laboratory record provided the Board under paragraph (1) of this subsection that reveals medical use of a drug allowed under applicable regulations; and
(B) medical information provided by the tested officer or employee related to the test or a review of the test.
(3) The Board may use a laboratory record made available under paragraph (1) of this subsection to develop an evidentiary record in an investigation of an accident or incident if
(A) the fitness of the tested officer or employee is at issue in the investigation; and
(B) the use of that record is necessary to develop the evidentiary record.
(f) Foreign Investigations.— 

(1) In general.— 
Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign aircraft accident investigations; except that
(A) the Board shall release records pertaining to such an investigation when the country conducting the investigation issues its final report or 2 years following the date of the accident, whichever occurs first; and
(B) the Board may disclose records and information when authorized to do so by the country conducting the investigation.
(2) Safety recommendations.— 
Nothing in this subsection shall restrict the Board at any time from referring to foreign accident investigation information in making safety recommendations.

49 USC 1115 - Training

(a) Definition.— 
In this section, Institute means the Transportation Safety Institute of the Department of Transportation and any successor organization of the Institute.
(b) Use of Institute Services.— 
The National Transportation Safety Board may use, on a reimbursable basis, the services of the Institute. The Secretary of Transportation shall make the Institute available to
(1) the Board for safety training of employees of the Board in carrying out their duties and powers; and
(2) other safety personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the Secretary.
(c) Fees.— 

(1) Training at the Institute for safety personnel (except employees of the Government) shall be provided at a reasonable fee established periodically by the Board in consultation with the Secretary. The fee shall be paid directly to the Secretary, and the Secretary shall deposit the fee in the Treasury. The amount of the fee
(A) shall be credited to the appropriate appropriation (subject to the requirements of any annual appropriation); and
(B) is an offset against any annual reimbursement agreement between the Board and the Secretary to cover all reasonable costs of providing training under this subsection that the Secretary incurs in operating the Institute.
(2) The Board shall maintain an annual record of offsets under paragraph (1)(B) of this subsection.
(d) Training of board employees and others.— 
The Board may conduct training of its employees in those subjects necessary for the proper performance of accident investigation. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for accident investigation training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the Board as offsetting collections.

49 USC 1116 - Reports and studies

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

49 USC 1117 - Annual report

The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include
(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;
(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;
(3) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;
(4) a description of the activities and operations of the National Transportation Safety Board Academy during the prior calendar year;
(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and
(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.

49 USC 1118 - Authorization of appropriations

(a) In General.— 
There are authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, $72,000,000 for fiscal year 2002, $73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, $87,539,000 for fiscal year 2006, $81,594,000 for fiscal year 2007, and $92,625,000 for fiscal year 2008. Such sums shall remain available until expended.
(b) Emergency Fund.— 
The Board has an emergency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to exceed $4,000,000.
(c) Fees, Refunds, and Reimbursements.— 

(1) In general.— 
The Board may impose and collect such fees, refunds, and reimbursements as it determines to be appropriate for services provided by or through the Board.
(2) Receipts credited as offsetting collections.— 
Notwithstanding section 3302 of title 31, any fee, refund, or reimbursement collected under this subsection
(A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated;
(B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and
(C) shall remain available until expended.
(3) Refunds.— 
The Board may refund any fee paid by mistake or any amount paid in excess of that required.

49 USC 1119 - Accident and safety data classification and publication

(a) In General.— 
Not later than 90 days after the date of the enactment of this section, the National Transportation Safety Board shall, in consultation and coordination with the Administrator of the Federal Aviation Administration, develop a system for classifying air carrier accident data maintained by the Board.
(b) Requirements for Classification System.— 

(1) In general.— 
The system developed under this section shall provide for the classification of accident and safety data in a manner that, in comparison to the system in effect on the date of the enactment of this section, provides for safety-related categories that provide clearer descriptions of accidents associated with air transportation, including a more refined classification of accidents which involve fatalities, injuries, or substantial damage and which are only related to the operation of an aircraft.
(2) Public comment.— 
In developing a system of classification under paragraph (1), the Board shall provide adequate opportunity for public review and comment.
(3) Final classification.— 
After providing for public review and comment, and after consulting with the Administrator, the Board shall issue final classifications. The Board shall ensure that air travel accident covered under this section is classified in accordance with the final classifications issued under this section for data for calendar year 1997, and for each subsequent calendar year.
(4) Publication.— 
The Board shall publish on a periodic basis accident and safety data in accordance with the final classifications issued under paragraph (3).
(5) Recommendations of the administrator.— 
The Administrator may, from time to time, request the Board to consider revisions (including additions to the classification system developed under this section). The Board shall respond to any request made by the Administrator under this section not later than 90 days after receiving that request.
(c) Appeals.— 

(1) Notification of rights.— 
In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board.
(2) Procedure.— 
The Board shall establish and publish the procedures for appeals under this subsection.
(3) Limitation on applicability.— 
This subsection shall not apply in the case of an accident that results in a loss of life.

TITLE 49 - US CODE - SUBCHAPTER III - AUTHORITY

49 USC 1131 - General authority

(a) General.— 

(1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of
(A) an aircraft accident the Board has authority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102 (a)(37)1 of this title other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States;
(B) a highway accident, including a railroad grade crossing accident, the Board selects in cooperation with a State;
(C) a railroad accident in which there is a fatality or substantial property damage, or that involves a passenger train;
(D) a pipeline accident in which there is a fatality, substantial property damage, or significant injury to the environment;
(E) a major marine casualty (except a casualty involving only public vessels) occurring on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 2101 (46)1 of title 46), under regulations prescribed jointly by the Board and the head of the department in which the Coast Guard is operating; and
(F) any other accident related to the transportation of individuals or property when the Board decides
(i) the accident is catastrophic;
(ii) the accident involves problems of a recurring character; or
(iii) the investigation of the accident would carry out this chapter.
(2) 
(A) Subject to the requirements of this paragraph, an investigation by the Board under paragraph (1)(A)(D) or (F) of this subsection has priority over any investigation by another department, agency, or instrumentality of the United States Government. The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not participate in the decision of the Board about the probable cause of the accident.
(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.
(3) This section and sections 1113, 1116 (b), 1133, and 1134 (a) and (c)(e) of this title do not affect the authority of another department, agency, or instrumentality of the Government to investigate an accident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the accident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the accident is exchanged in a timely manner.
(b) Accidents Involving Public Vessels.— 

(1) The Board or the head of the department in which the Coast Guard is operating shall investigate and establish the facts, circumstances, and cause or probable cause of a marine accident involving a public vessel and any other vessel. The results of the investigation shall be made available to the public.
(2) Paragraph (1) of this subsection and subsection (a)(1)(E) of this section do not affect the responsibility, under another law of the United States, of the head of the department in which the Coast Guard is operating.
(c) Accidents Not Involving Government Misfeasance or Nonfeasance.— 

(1) When asked by the Board, the Secretary of Transportation or the Secretary of the department in which the Coast Guard is operating may
(A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Government has not been alleged; and
(B) report the facts and circumstances of the accident to the Board.
(2) The Board shall use the report in establishing cause or probable cause of an accident described under subsection (a) or (b) of this section.
(d) Accidents Involving Public Aircraft.— 
The Board, in furtherance of its investigative duties with respect to public aircraft accidents under subsection (a)(1)(A) of this section, shall have the same duties and powers as are specified for civil aircraft accidents under sections 1132 (a), 1132 (b), and 1134 (a), (b), (d), and (f) of this title.
(e) Accident Reports.— 
The Board shall report on the facts and circumstances of each accident investigated by it under subsection (a) or (b) of this section. The Board shall make each report available to the public at reasonable cost.
[1] See References in Text note below.

49 USC 1132 - Civil aircraft accident investigations

(a) General Authority.— 

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

49 USC 1133 - Review of other agency action

The National Transportation Safety Board shall review on appeal
(1) the denial, amendment, modification, suspension, or revocation of a certificate issued by the Secretary of Transportation under section 44703, 44709, or 44710 of this title;
(2) the revocation of a certificate of registration under section 44106 of this title;
(3) a decision of the head of the department in which the Coast Guard is operating on an appeal from the decision of an administrative law judge denying, revoking, or suspending a license, certificate, document, or register in a proceeding under section 6101, 6301, or 7503, chapter 77section 6101, 6301, or 7503, chapter 77, or section 9303 of title 46; and
(4) under section 46301 (d)(5) of this title, an order imposing a penalty under section 46301.

49 USC 1134 - Inspections and autopsies

(a) Entry and Inspection.— 
An officer or employee of the National Transportation Safety Board
(1) on display of appropriate credentials and written notice of inspection authority, may enter property where a transportation accident has occurred or wreckage from the accident is located and do anything necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record, process, control, or facility related to an accident investigation under this chapter.
(b) Inspection, Testing, Preservation, and Moving of Aircraft and Parts.— 

(1) In investigating an aircraft accident under this chapter, the Board may inspect and test, to the extent necessary, any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce.
(2) Any civil aircraft, aircraft engine, propeller, appliance, or property on an aircraft involved in an accident in air commerce shall be preserved, and may be moved, only as provided by regulations of the Board.
(c) Avoiding Unnecessary Interference and Preserving Evidence.— 
In carrying out subsection (a)(1) of this section, an officer or employee may examine or test any vehicle, vessel, rolling stock, track, or pipeline component. The examination or test shall be conducted in a way that
(1) does not interfere unnecessarily with transportation services provided by the owner or operator of the vehicle, vessel, rolling stock, track, or pipeline component; and
(2) to the maximum extent feasible, preserves evidence related to the accident, consistent with the needs of the investigation and with the cooperation of that owner or operator.
(d) Exclusive Authority of Board.— 
Only the Board has the authority to decide on the way in which testing under this section will be conducted, including decisions on the person that will conduct the test, the type of test that will be conducted, and any individual who will witness the test. Those decisions are committed to the discretion of the Board. The Board shall make any of those decisions based on the needs of the investigation being conducted and, when applicable, subsections (a), (c), and (e) of this section.
(e) Promptness of Tests and Availability of Results.— 
An inspection, examination, or test under subsection (a) or (c) of this section shall be started and completed promptly, and the results shall be made available.
(f) Autopsies.— 

(1) The Board may order an autopsy to be performed and have other tests made when necessary to investigate an accident under this chapter. However, local law protecting religious beliefs related to autopsies shall be observed to the extent consistent with the needs of the accident investigation.
(2) With or without reimbursement, the Board may obtain a copy of an autopsy report performed by a State or local official on an individual who died because of a transportation accident investigated by the Board under this chapter.

49 USC 1135 - Secretary of Transportations responses to safety recommendations

(a) General.— 
When the National Transportation Safety Board submits a recommendation about transportation safety to the Secretary of Transportation, the Secretary shall give a formal written response to each recommendation not later than 90 days after receiving the recommendation. The response shall indicate whether the Secretary intends
(1) to carry out procedures to adopt the complete recommendation;
(2) to carry out procedures to adopt a part of the recommendation; or
(3) to refuse to carry out procedures to adopt the recommendation.
(b) Timetable for Completing Procedures and Reasons for Refusals.— 
A response under subsection (a)(1) or (2) of this section shall include a copy of a proposed timetable for completing the procedures. A response under subsection (a)(2) of this section shall detail the reasons for the refusal to carry out procedures on the remainder of the recommendation. A response under subsection (a)(3) of this section shall detail the reasons for the refusal to carry out procedures.
(c) Public Availability.— 
The Board shall make a copy of each recommendation and response available to the public at reasonable cost.
(d) Reporting Requirements.— 

(1) Annual secretarial regulatory status reports.— 
On February 1 of each year, the Secretary shall submit a report to Congress and the Board containing the regulatory status of each recommendation made by the Board to the Secretary (or to an Administration within the Department of Transportation) that is on the Boards most wanted list. The Secretary shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Secretary (or an Administration within the Department) determines and states in such a report that no action should be taken.
(2) Failure to report.— 
If on March 1 of each year the Board has not received the Secretarys report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Secretarys failure to submit the required report.
(3) Compliance report with recommendations.— 
Within 90 days after the date on which the Secretary submits a report under this subsection, the Board shall review the Secretarys report and transmit comments on the report to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.

49 USC 1136 - Assistance to families of passengers involved in aircraft accidents

(a) In General.— 
As soon as practicable after being notified of an aircraft accident within the United States involving an air carrier or foreign air carrier and resulting in a major loss of life, the Chairman of the National Transportation Safety Board shall
(1) designate and publicize the name and phone number of a director of family support services who shall be an employee of the Board and shall be responsible for acting as a point of contact within the Federal Government for the families of passengers involved in the accident and a liaison between the air carrier or foreign air carrier and the families; and
(2) designate an independent nonprofit organization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in the accident.
(b) Responsibilities of the Board.— 
The Board shall have primary Federal responsibility for facilitating the recovery and identification of fatally-injured passengers involved in an accident described in subsection (a).
(c) Responsibilities of Designated Organization.— 
The organization designated for an accident under subsection (a)(2) shall have the following responsibilities with respect to the families of passengers involved in the accident:
(1) To provide mental health and counseling services, in coordination with the disaster response team of the air carrier or foreign air carrier involved.
(2) To take such actions as may be necessary to provide an environment in which the families may grieve in private.
(3) To meet with the families who have traveled to the location of the accident, to contact the families unable to travel to such location, and to contact all affected families periodically thereafter until such time as the organization, in consultation with the director of family support services designated for the accident under subsection (a)(1), determines that further assistance is no longer needed.
(4) To communicate with the families as to the roles of the organization, government agencies, and the air carrier or foreign air carrier involved with respect to the accident and the post-accident activities.
(5) To arrange a suitable memorial service, in consultation with the families.
(d) Passenger Lists.— 

(1) Requests for passenger lists.— 

(A) Requests by director of family support services.— 
It shall be the responsibility of the director of family support services designated for an accident under subsection (a)(1) to request, as soon as practicable, from the air carrier or foreign air carrier involved in the accident a list, which is based on the best available information at the time of the request, of the names of the passengers that were aboard the aircraft involved in the accident.
(B) Requests by designated organization.— 
The organization designated for an accident under subsection (a)(2) may request from the air carrier or foreign air carrier involved in the accident a list described in subparagraph (A).
(2) Use of information.— 
The director of family support services and the organization may not release to any person information on a list obtained under paragraph (1) but may provide information on the list about a passenger to the family of the passenger to the extent that the director of family support services or the organization considers appropriate.
(e) Continuing Responsibilities of the Board.— 
In the course of its investigation of an accident described in subsection (a), the Board shall, to the maximum extent practicable, ensure that the families of passengers involved in the accident
(1) are briefed, prior to any public briefing, about the accident, its causes, and any other findings from the investigation; and
(2) are individually informed of and allowed to attend any public hearings and meetings of the Board about the accident.
(f) Use of Air Carrier Resources.— 
To the extent practicable, the organization designated for an accident under subsection (a)(2) shall coordinate its activities with the air carrier or foreign air carrier involved in the accident so that the resources of the carrier can be used to the greatest extent possible to carry out the organizations responsibilities under this section.
(g) Prohibited Actions.— 

(1) Actions to impede the board.— 
No person (including a State or political subdivision) may impede the ability of the Board (including the director of family support services designated for an accident under subsection (a)(1)), or an organization designated for an accident under subsection (a)(2), to carry out its responsibilities under this section or the ability of the families of passengers involved in the accident to have contact with one another.
(2) Unsolicited communications.— 
In the event of an accident involving an air carrier providing interstate or foreign air transportation and in the event of an accident involving a foreign air carrier that occurs within the United States, no unsolicited communication concerning a potential action for personal injury or wrongful death may be made by an attorney (including any associate, agent, employee, or other representative of an attorney) or any potential party to the litigation to an individual injured in the accident, or to a relative of an individual involved in the accident, before the 45th day following the date of the accident.
(3) Prohibition on actions to prevent mental health and counseling services.— 
No State or political subdivision thereof may prevent the employees, agents, or volunteers of an organization designated for an accident under subsection (a)(2) from providing mental health and counseling services under subsection (c)(1) in the 30-day period beginning on the date of the accident. The director of family support services designated for the accident under subsection (a)(1) may extend such period for not to exceed an additional 30 days if the director determines that the extension is necessary to meet the needs of the families and if State and local authorities are notified of the determination.
(h) Definitions.— 
In this section, the following definitions apply:
(1) Aircraft accident.— 
The term aircraft accident means any aviation disaster regardless of its cause or suspected cause.
(2) Passenger.— 
The term passenger includes
(A) an employee of an air carrier or foreign air carrier aboard an aircraft; and
(B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight.
(i) Statutory Construction.— 
Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to the families of passengers involved in an aircraft accident.
(j) Relinquishment of Investigative Priority.— 

(1) General rule.— 
This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131 (a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident.
(2) Board assistance.— 
If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.

49 USC 1137 - Authority of the Inspector General

(a) In General.— 
The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations.
(b) Duties.— 
In carrying out this section, the Inspector General shall
(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address such problems; and
(3) report periodically to Congress on any progress made in implementing actions to address such problems.
(c) Access to Information.— 
In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Authorizations of Appropriations.— 

(1) Funding.— 
There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.
(2) Reimbursable agreement.— 
In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense.

49 USC 1138 - Evaluation and audit of National Transportation Safety Board

(a) In General.— 
To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the National Transportation Safety Board. Such evaluation and audit shall be conducted at least annually, but may be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
(b) Responsibility of Comptroller General.— 
The Comptroller General shall evaluate and audit Board programs, operations, and activities, including
(1) information management and security, including privacy protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and policies;
(5) the extent to which the Board follows leading practices in selected management areas; and
(6) the extent to which the Board addresses management challenges in completing accident investigations.
(c) Appropriate Congressional Committees.— 
For purposes of this section the term appropriate congressional committees means the Committee on Commerce, Science and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

TITLE 49 - US CODE - SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

49 USC 1151 - Aviation enforcement

(a) Civil Actions by Board.— 
The National Transportation Safety Board may bring a civil action in a district court of the United States against a person to enforce section 1132, 1134 (b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections. An action under this subsection may be brought in the judicial district in which the person does business or the violation occurred.
(b) Civil Actions by Attorney General.— 
On request of the Board, the Attorney General may bring a civil action in an appropriate court
(1) to enforce section 1132, 1134 (b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title or a regulation prescribed or order issued under any of those sections; and
(2) to prosecute a person violating those sections or a regulation prescribed or order issued under any of those sections.
(c) Participation of Board.— 
On request of the Attorney General, the Board may participate in a civil action to enforce section 1132, 1134 (b) or (f)(1) (related to an aircraft accident), 1136(g)(2), or 1155(a) of this title.

49 USC 1152 - Joinder and intervention in aviation proceedings

A person interested in or affected by a matter under consideration in a proceeding or a civil action to enforce section 1132, 1134 (b) or (f)(1) (related to an aircraft accident), or 1155(a) of this title, or a regulation prescribed or order issued under any of those sections, may be joined as a party or permitted to intervene in the proceeding or civil action.

49 USC 1153 - Judicial review

(a) General.— 
The appropriate court of appeals of the United States or the United States Court of Appeals for the District of Columbia Circuit may review a final order of the National Transportation Safety Board under this chapter. A person disclosing a substantial interest in the order may apply for review by filing a petition not later than 60 days after the order of the Board is issued.
(b) Persons Seeking Judicial Review of Aviation Matters.— 

(1) A person disclosing a substantial interest in an order related to an aviation matter issued by the Board under this chapter may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60 days only if there was a reasonable ground for not filing within that 60-day period.
(2) When a petition is filed under paragraph (1) of this subsection, the clerk of the court immediately shall send a copy of the petition to the Board. The Board shall file with the court a record of the proceeding in which the order was issued.
(3) When the petition is sent to the Board, the court has exclusive jurisdiction to affirm, amend, modify, or set aside any part of the order and may order the Board to conduct further proceedings. After reasonable notice to the Board, the court may grant interim relief by staying the order or taking other appropriate action when cause for its action exists. Findings of fact by the Board, if supported by substantial evidence, are conclusive.
(4) In reviewing an order under this subsection, the court may consider an objection to an order of the Board only if the objection was made in the proceeding conducted by the Board or if there was a reasonable ground for not making the objection in the proceeding.
(5) A decision by a court under this subsection may be reviewed only by the Supreme Court under section 1254 of title 28.
(c) Administrator Seeking Judicial Review of Aviation Matters.— 
When the Administrator of the Federal Aviation Administration decides that an order of the Board under section 44709 or 46301 (d)(5) of this title will have a significant adverse impact on carrying out this chapter related to an aviation matter, the Administrator may obtain judicial review of the order under section 46110 of this title. The Administrator shall be made a party to the judicial review proceedings. Findings of fact of the Board are conclusive if supported by substantial evidence.
(d) Commandant Seeking Judicial Review of Maritime Matters.— 
If the Commandant of the Coast Guard decides that an order of the Board issued pursuant to a review of a Coast Guard action under section 1133 of this title will have an adverse impact on maritime safety or security, the Commandant may obtain judicial review of the order under subsection (a). The Commandant, in the official capacity of the Commandant, shall be a party to the judicial review proceedings.

49 USC 1154 - Discovery and use of cockpit and surface vehicle recordings and transcripts

(a) Transcripts and Recordings.— 

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

49 USC 1155 - Aviation penalties

(a) Civil Penalty.— 

(1) A person violating section 1132, section 1134(b), section 1134 (f)(1), or section 1136 (g) (related to an aircraft accident) of this title or a regulation prescribed or order issued under any of those sections is liable to the United States Government for a civil penalty of not more than $1,000. A separate violation occurs for each day a violation continues.
(2) This subsection does not apply to a member of the armed forces of the United States or an employee of the Department of Defense subject to the Uniform Code of Military Justice when the member or employee is performing official duties. The appropriate military authorities are responsible for taking necessary disciplinary action and submitting to the National Transportation Safety Board a timely report on action taken.
(3) The Board may compromise the amount of a civil penalty imposed under this subsection.
(4) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5) A civil penalty under this subsection may be collected by bringing a civil action against the person liable for the penalty. The action shall conform as nearly as practicable to a civil action in admiralty.
(b) Criminal Penalty.— 
A person that knowingly and without authority removes, conceals, or withholds a part of a civil aircraft involved in an accident, or property on the aircraft at the time of the accident, shall be fined under title 18, imprisoned for not more than 10 years, or both.

SUBTITLE III - US CODE - GENERAL AND INTERMODAL PROGRAMS

TITLE 49 - US CODE - CHAPTER 51 - TRANSPORTATION OF HAZARDOUS MATERIAL

49 USC 5101 - Purpose

The purpose of this chapter is to protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce.

49 USC 5102 - Definitions

In this chapter
(1) commerce means trade or transportation in the jurisdiction of the United States
(A) between a place in a State and a place outside of the State;
(B) that affects trade or transportation between a place in a State and a place outside of the State; or
(C) on a United States-registered aircraft.
(2) hazardous material means a substance or material the Secretary designates under section 5103 (a) of this title.
(3) hazmat employee
(A) means an individual
(i) who
(I) is employed on a full time, part time, or temporary basis by a hazmat employer; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who during the course of such full time, part time, or temporary employment, or such self employment, directly affects hazardous material transportation safety as the Secretary decides by regulation; and
(B) includes an individual, employed on a full time, part time, or temporary basis by a hazmat employer, or self employed, who during the course of employment
(i) loads, unloads, or handles hazardous material;
(ii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iii) prepares hazardous material for transportation;
(iv) is responsible for the safety of transporting hazardous material; or
(v) operates a vehicle used to transport hazardous material.
(4) hazmat employer
(A) means a person
(i) who
(I) employs or uses at least 1 hazmat employee on a full time, part time, or temporary basis; or
(II) is self-employed (including an owner-operator of a motor vehicle, vessel, or aircraft) transporting hazardous material in commerce; and
(ii) who
(I) transports hazardous material in commerce;
(II) causes hazardous material to be transported in commerce; or
(III) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; and
(B) includes a department, agency, or instrumentality of the United States Government, or an authority of a State, political subdivision of a State, or Indian tribe, carrying out an activity described in clause (ii).
(5) imminent hazard means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
(6) Indian tribe has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(7) motor carrier
(A) means a motor carrier, motor private carrier, and freight forwarder as those terms are defined in section 13102; but
(B) does not include a freight forwarder, as so defined, if the freight forwarder is not performing a function relating to highway transportation.
(8) National Response Team means the National Response Team established under the National Contingency Plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
(9) person, in addition to its meaning under section 1 of title 1
(A) includes a government, Indian tribe, or authority of a government or tribe that
(i) offers hazardous material for transportation in commerce;
(ii) transports hazardous material to further a commercial enterprise; or
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce; but
(B) does not include
(i) the United States Postal Service; and
(ii) in sections 5123 and 5124 of this title, a department, agency, or instrumentality of the Government.
(10) public sector employee
(A) means an individual employed by a State, political subdivision of a State, or Indian tribe and who during the course of employment has responsibilities related to responding to an accident or incident involving the transportation of hazardous material;
(B) includes an individual employed by a State, political subdivision of a State, or Indian tribe as a firefighter or law enforcement officer; and
(C) includes an individual who volunteers to serve as a firefighter for a State, political subdivision of a State, or Indian tribe.
(11) Secretary means the Secretary of Transportation except as otherwise provided.
(12) State means
(A) except in section 5119 of this title, a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, and any other territory or possession of the United States designated by the Secretary; and
(B) in section 5119 of this title, a State of the United States and the District of Columbia.
(13) transports or transportation means the movement of property and loading, unloading, or storage incidental to the movement.
(14) United States means all of the States.

49 USC 5103 - General regulatory authority

(a) Designating Material as Hazardous.— 
The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
(b) Regulations for Safe Transportation.— 

(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations
(A) apply to a person who
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under section 553 of title 5, including an opportunity for informal oral presentation.
(c) Consultation.— 
When prescribing a security regulation or issuing a security order that affects the safety of the transportation of hazardous material, the Secretary of Homeland Security shall consult with the Secretary of Transportation.
(d) Biennial Report.— 
The Secretary of Transportation shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation a biennial report providing information on whether the Secretary has designated as hazardous materials for purposes of chapter 51 of such title all by-products of the methamphetamine-production process that are known by the Secretary to pose an unreasonable risk to health and safety or property when transported in commerce in a particular amount and form.

49 USC 5103a - Limitation on issuance of hazmat licenses

(a) Limitation.— 

(1) Issuance of licenses.— 
A State may not issue to any individual a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary of Homeland Security has first determined, upon receipt of a notification under subsection (d)(1)(B), that the individual does not pose a security risk warranting denial of the license.
(2) Renewals included.— 
For the purposes of this section, the term issue, with respect to a license, includes renewal of the license.
(b) Hazardous Materials Described.— 
The limitation in subsection (a) shall apply with respect to any material defined as hazardous material by the Secretary of Transportation for which the Secretary of Transportation requires placarding of a commercial motor vehicle transporting that material in commerce.
(c) Recommendations on Chemical and Biological Materials.— 
The Secretary of Health and Human Services shall recommend to the Secretary of Transportation any chemical or biological material or agent for regulation as a hazardous material under section 5103 (a) if the Secretary of Health and Human Services determines that such material or agent poses a significant risk to the health of individuals.
(d) Background Records Check.— 

(1) In general.— 
Upon the request of a State regarding issuance of a license described in subsection (a)(1) to an individual, the Attorney General
(A) shall carry out a background records check regarding the individual; and
(B) upon completing the background records check, shall notify the Secretary of Homeland Security of the completion and results of the background records check.
(2) Scope.— 
A background records check regarding an individual under this subsection shall consist of the following:
(A) A check of the relevant criminal history data bases.
(B) In the case of an alien, a check of the relevant data bases to determine the status of the alien under the immigration laws of the United States.
(C) As appropriate, a check of the relevant international data bases through InterpolU.S. National Central Bureau or other appropriate means.
(e) Reporting Requirement.— 
Each State shall submit to the Secretary of Homeland Security, at such time and in such manner as the Secretary of Homeland Security may prescribe, the name, address, and such other information as the Secretary of Homeland Security may require, concerning
(1) each alien to whom the State issues a license described in subsection (a); and
(2) each other individual to whom such a license is issued, as the Secretary of Homeland Security may require.
(f) Alien Defined.— 
In this section, the term alien has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.
(g) Background Checks for Drivers Hauling Hazardous Materials.— 

(1) In general.— 

(A) Employer notification.— 
Not later than 90 days after the date of enactment of this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties, shall develop and implement a process for notifying hazmat employers designated by an applicant of the results of the applicants background record check, if
(i) such notification is appropriate considering the potential security implications; and
(ii) the Director, in a final notification of threat assessment,[1] served on the applicant[1] determines that the applicant does not meet the standards set forth in regulations issued to carry out this section.
(B) Relationship to other background records checks.— 

(i) Elimination of redundant checks.— 
An individual with respect to whom the Transportation Security Administration
(I) has performed a security threat assessment under this section; and
(II) has issued a final notification of no security threat,

is deemed to have met the requirements of any other background check that is required for purposes of any Federal law applicable to transportation workers if that background check is equivalent to, or less stringent than, the background check required under this section.

(ii) Determination by director.— 
Not later than 60 days after the date of issuance of the report under paragraph (5), but no later than 120 days after the date of enactment of this Act, the Director shall initiate a rulemaking proceeding, including notice and opportunity for comment, to determine which background checks required for purposes of Federal laws applicable to transportation workers are equivalent to, or less stringent than, those required under this section.
(iii) Future rulemakings.— 
The Director shall make a determination under the criteria established under clause (ii) with respect to any rulemaking proceeding to establish or modify required background checks for transportation workers initiated after the date of enactment of this subsection.
(2) Appeals process for more stringent state procedures.— 
If a State establishes its own standards for applicants for a hazardous materials endorsement to a commercial drivers license, the State shall also provide
(A) an appeals process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial drivers license by that State may appeal that denial; and
(B) a waiver process similar to and to the same extent as the process provided under part 1572 of title 49, Code of Federal Regulations, by which an applicant denied a hazardous materials endorsement to a commercial drivers license by that State may apply for a waiver.
(3) Clarification of term defined in regulations.— 
The term transportation security incident, as defined in part 1572 of title 49, Code of Federal Regulations, does not include a work stoppage or other nonviolent employee-related action resulting from an employer-employee dispute. Not later than 30 days after the date of enactment of this subsection, the Director shall modify the definition of that term to reflect the preceding sentence.
(4) Background check capacity.— 
Not later than October 1, 2005, the Director shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives a report on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish the timely processing of fingerprint-based security threat assessments for individuals holding commercial drivers licenses who are applying to renew hazardous materials endorsements.
(5) Report.— 

(A) In general.— 
Not later than 60 days after the date of enactment of this subsection, the Director shall transmit to the committees referred to in paragraph (4) a report on the Directors plans to reduce or eliminate redundant background checks for holders of hazardous materials endorsements performed under this section.
(B) Contents.— 
The report shall
(i) include a list of background checks and other security or threat assessment requirements applicable to transportation workers under Federal laws for which the Department of Homeland Security is responsible and the process by which the Secretary of Homeland Security will determine whether such checks or assessments are equivalent to, or less stringent than, the background check performed under this section; and
(ii) provide an analysis of how the Director plans to reduce or eliminate redundant background checks in a manner that will continue to ensure the highest level of safety and security.
(h) Commercial Motor Vehicle Operators Registered to Operate in Mexico or Canada.— 

(1) In general.— 
Beginning on the date that is 6 months after the date of enactment of this subsection, a commercial motor vehicle operator registered to operate in Mexico or Canada shall not operate a commercial motor vehicle transporting a hazardous material in commerce in the United States until the operator has undergone a background records check similar to the background records check required for commercial motor vehicle operators licensed in the United States to transport hazardous materials in commerce.
(2) Extension.— 
The Director of the Transportation Security Administration may extend the deadline established by paragraph (1) for a period not to exceed 6 months if the Director determines that such an extension is necessary.
(3) Commercial motor vehicle defined.— 
In this subsection, the term commercial motor vehicle has the meaning given that term by section 31101.
[1] So in original. Comma probably should appear after “applicant”.

49 USC 5104 - Representation and tampering

(a) Representation.— 
A person may represent, by marking or otherwise, that
(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b) Tampering.— 
No person may alter, remove, destroy, or otherwise tamper unlawfully with
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.

49 USC 5105 - Transporting certain highly radioactive material

(a) Definitions.— 
In this section, high-level radioactive waste and spent nuclear fuel have the same meanings given those terms in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(b) Transportation Safety Study.— 
In consultation with the Secretary of Energy, the Nuclear Regulatory Commission, potentially affected States and Indian tribes, representatives of the rail transportation industry, and shippers of high-level radioactive waste and spent nuclear fuel, the Secretary shall conduct a study comparing the safety of using trains operated only to transport high-level radioactive waste and spent nuclear fuel with the safety of using other methods of rail transportation for transporting that waste and fuel. The Secretary shall submit to Congress not later than November 16, 1991, a report on the results of the study.
(c) Safe Rail Transportation Regulations.— 
Not later than November 16, 1992, after considering the results of the study conducted under subsection (b) of this section, the Secretary shall prescribe amendments to existing regulations that the Secretary considers appropriate to provide for the safe rail transportation of high-level radioactive waste and spent nuclear fuel, including trains operated only for transporting high-level radioactive waste and spent nuclear fuel.
(d) Inspections of Motor Vehicles Transporting Certain Material.— 

(1) Not later than November 16, 1991, the Secretary shall require by regulation that before each use of a motor vehicle to transport a highway-route-controlled quantity of radioactive material in commerce, the vehicle shall be inspected and certified as complying with this chapter and applicable United States motor carrier safety laws and regulations. The Secretary may require that the inspection be carried out by an authorized United States Government inspector or according to appropriate State procedures.
(2) The Secretary may allow a person, transporting or causing to be transported a highway-route-controlled quantity of radioactive material, to inspect the motor vehicle used to transport the material and to certify that the vehicle complies with this chapter. The inspector qualification requirements the Secretary prescribes for an individual inspecting a motor vehicle apply to an individual conducting an inspection under this paragraph.

49 USC 5106 - Handling criteria

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

49 USC 5107 - Hazmat employee training requirements and grants

(a) Training Requirements.— 
The Secretary shall prescribe by regulation requirements for training that a hazmat employer must give hazmat employees of the employer on the safe loading, unloading, handling, storing, and transporting of hazardous material and emergency preparedness for responding to an accident or incident involving the transportation of hazardous material. The regulations
(1) shall establish the date, as provided by subsection (b) of this section, by which the training shall be completed; and
(2) may provide for different training for different classes or categories of hazardous material and hazmat employees.
(b) Beginning and Completing Training.— 
A hazmat employer shall begin the training of hazmat employees of the employer not later than 6 months after the Secretary prescribes the regulations under subsection (a) of this section. The training shall be completed within a reasonable period of time after
(1) 6 months after the regulations are prescribed; or
(2) the date on which an individual is to begin carrying out a duty or power of a hazmat employee if the individual is employed as a hazmat employee after the 6-month period.
(c) Certification of Training.— 
After completing the training, each hazmat employer shall certify, with documentation the Secretary may require by regulation, that the hazmat employees of the employer have received training and have been tested on appropriate transportation areas of responsibility, including at least one of the following:
(1) recognizing and understanding the Department of Transportation hazardous material classification system.
(2) the use and limitations of the Department hazardous material placarding, labeling, and marking systems.
(3) general handling procedures, loading and unloading techniques, and strategies to reduce the probability of release or damage during or incidental to transporting hazardous material.
(4) health, safety, and risk factors associated with hazardous material and the transportation of hazardous material.
(5) appropriate emergency response and communication procedures for dealing with an accident or incident involving hazardous material transportation.
(6) the use of the Department Emergency Response Guidebook and recognition of its limitations or the use of equivalent documents and recognition of the limitations of those documents.
(7) applicable hazardous material transportation regulations.
(8) personal protection techniques.
(9) preparing a shipping document for transporting hazardous material.
(d) Coordination of Training Requirements.— 
In consultation with the Administrator of the Environmental Protection Agency and the Secretary of Labor, the Secretary shall ensure that the training requirements prescribed under this section do not conflict with or duplicate
(1) the requirements of regulations the Secretary of Labor prescribes related to hazard communication, and hazardous waste operations, and emergency response that are contained in part 1910 of title 29, Code of Federal Regulations; and
(2) the regulations the Agency prescribes related to worker protection standards for hazardous waste operations that are contained in part 311 of title 40, Code of Federal Regulations.
(e) Training Grants.— 

(1) In general.— 
Subject to the availability of funds under section 5128 (c), the Secretary shall make grants under this subsection
(A) for training instructors to train hazmat employees; and
(B) to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees.
(2) Eligibility.— 
A grant under this subsection shall be made to a nonprofit hazmat employee organization that demonstrates
(A) expertise in conducting a training program for hazmat employees; and
(B) the ability to reach and involve in a training program a target population of hazmat employees.
(f) Training of Certain Employees.— 
The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations.
(g) Relationship to Other Laws.— 

(1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)(d) of this section.
(2) An action of the Secretary under subsections (a)(d) of this section and section 5106 is not an exercise, under section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653 (b)(1)), of statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health.
(h) Existing Effort.— 
No grant under subsection (e) shall supplant or replace existing employer-provided hazardous materials training efforts or obligations.

49 USC 5108 - Registration

(a) Persons Required to File.— 

(1) A person shall file a registration statement with the Secretary under this subsection if the person is transporting or causing to be transported in commerce any of the following:
(A) a highway-route-controlled quantity of radioactive material.
(B) more than 25 kilograms of a Division 1.1, 1.2, or 1.3 explosive material in a motor vehicle, rail car, or transport container.
(C) more than one liter in each package of a hazardous material the Secretary designates as extremely toxic by inhalation.
(D) hazardous material in a bulk packaging, container, or tank, as defined by the Secretary, if the bulk packaging, container, or tank has a capacity of at least 3,500 gallons or more than 468 cubic feet.
(E) a shipment of at least 5,000 pounds (except in a bulk packaging) of a class of hazardous material for which placarding of a vehicle, rail car, or freight container is required under regulations prescribed under this chapter.
(2) The Secretary may require any of the following persons to file a registration statement with the Secretary under this subsection:
(A) a person transporting or causing to be transported hazardous material in commerce and not required to file a registration statement under paragraph (1) of this subsection.
(B) a person designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(3) A person required to file a registration statement under this subsection may transport or cause to be transported, or design, manufacture, fabricate, inspect, mark, maintain, recondition, repair, or test a package, container packaging component, or container for use in transporting, hazardous material, only if the person has a statement on file as required by this subsection.
(4) The Secretary may waive the filing of a registration statement, or the payment of a fee, required under this subsection, or both, for any person not domiciled in the United States who solely offers hazardous materials for transportation to the United States from a place outside the United States if the country of which such person is a domiciliary does not require persons domiciled in the United States who solely offer hazardous materials for transportation to the foreign country from places in the United States to file registration statements, or to pay fees, for making such an offer.
(b) Form, Contents, and Limitation on Filings.— 

(1) A registration statement under subsection (a) of this section shall be in the form and contain information the Secretary requires by regulation. The Secretary may use existing forms of the Department of Transportation and the Environmental Protection Agency to carry out this subsection. The statement shall include
(A) the name and principal place of business of the registrant;
(B) a description of each activity the registrant carries out for which filing a statement under subsection (a) of this section is required; and
(C) each State in which the person carries out any of the activities.
(2) A person carrying out more than one activity, or an activity at more than one location, for which filing is required only has to file one registration statement to comply with subsection (a) of this section.
(c) Filing.— 
Each person required to file a registration statement under subsection (a) shall file the statement in accordance with regulations prescribed by the Secretary.
(d) Simplifying the Registration Process.— 
The Secretary may take necessary action to simplify the registration process under subsections (a)(c) of this section and to minimize the number of applications, documents, and other information a person is required to file under this chapter and other laws of the United States.
(e) Cooperation With Administrator.— 
The Administrator of the Environmental Protection Agency shall assist the Secretary in carrying out subsections (a)(g)(1) and (h) of this section by providing the Secretary with information the Secretary requests to carry out the objectives of subsections (a)(g)(1) and (h).
(f) Availability of Statements.— 
The Secretary shall make a registration statement filed under subsection (a) of this section available for inspection by any person for a fee the Secretary establishes. However, this subsection does not require the release of information described in section 552 (b) of title 5 or otherwise protected by law from disclosure to the public.
(g) Fees.— 

(1) The Secretary shall establish, impose, and collect from a person required to file a registration statement under subsection (a) of this section a fee necessary to pay for the costs of the Secretary in processing the statement.
(2) 
(A) In addition to a fee established under paragraph (1) of this subsection, the Secretary shall establish and impose by regulation and collect an annual fee. Subject to subparagraph (B) of this paragraph, the fee shall be at least $250 but not more than $3,000 from each person required to file a registration statement under this section. The Secretary shall determine the amount of the fee under this paragraph on at least one of the following:
(i) gross revenue from transporting hazardous material.
(ii) the type of hazardous material transported or caused to be transported.
(iii) the amount of hazardous material transported or caused to be transported.
(iv) the number of shipments of hazardous material.
(v) the number of activities that the person carries out for which filing a registration statement is required under this section.
(vi) the threat to property, individuals, and the environment from an accident or incident involving the hazardous material transported or caused to be transported.
(vii) the percentage of gross revenue derived from transporting hazardous material.
(viii) the amount to be made available to carry out sections 5108 (g)(2), 5115, and 5116 of this title.
(ix) other factors the Secretary considers appropriate.
(B) The Secretary shall adjust the amount being collected under this paragraph to reflect any unexpended balance in the account established under section 5116 (i) of this title. However, the Secretary is not required to refund any fee collected under this paragraph.
(C) The Secretary shall transfer to the Secretary of the Treasury amounts the Secretary of Transportation collects under this paragraph for deposit in the Hazardous Materials Emergency Preparedness Fund established under section 5116 (i) of this title.
(3) Fees on exempt persons.— 
Notwithstanding subsection (a)(4), the Secretary shall impose and collect a fee of $25 from a person who is required to register under this section but who is otherwise exempted by the Secretary from paying any fee under this section. The fee shall be used to pay the costs incurred by the Secretary in processing registration statements filed by such persons.
(h) Maintaining Proof of Filing and Payment of Fees.— 
The Secretary may prescribe regulations requiring a person required to file a registration statement under subsection (a) of this section to maintain proof of the filing and payment of fees imposed under subsection (g) of this section.
(i) Relationship to Other Laws.— 

(1) Chapter 35 of title 44 does not apply to an activity of the Secretary under subsections (a)(g)(1) and (h) of this section.
(2) 
(A) This section does not apply to an employee of a hazmat employer.
(B) Subsections (a)(h) of this section do not apply to a department, agency, or instrumentality of the United States Government, an authority of a State or political subdivision of a State, an Indian tribe, or an employee of a department, agency, instrumentality, or authority carrying out official duties.

49 USC 5109 - Motor carrier safety permits

(a) Requirement.— 
A motor carrier may transport or cause to be transported by motor vehicle in commerce hazardous material only if the carrier holds a safety permit the Secretary issues under this section authorizing the transportation and keeps a copy of the permit, or other proof of its existence, in the vehicle. The Secretary shall issue a permit if the Secretary finds the carrier is fit, willing, and able
(1) to provide the transportation to be authorized by the permit;
(2) to comply with this chapter and regulations the Secretary prescribes to carry out this chapter; and
(3) to comply with applicable United States motor carrier safety laws and regulations and applicable minimum financial responsibility laws and regulations.
(b) Applicable Transportation.— 
The Secretary shall prescribe by regulation the hazardous material and amounts of hazardous material to which this section applies. However, this section shall apply at least to transportation by a motor carrier, in amounts the Secretary establishes, of
(1) a class A or B explosive;
(2) liquefied natural gas;
(3) hazardous material the Secretary designates as extremely toxic by inhalation; and
(4) a highway-route-controlled quantity of radioactive material, as defined by the Secretary.
(c) Applications.— 
A motor carrier shall file an application with the Secretary for a safety permit to provide transportation under this section. The Secretary may approve any part of the application or deny the application. The application shall be under oath and contain information the Secretary requires by regulation.
(d) Amendments, Suspensions, and Revocations.— 

(1) After notice and an opportunity for a hearing, the Secretary may amend, suspend, or revoke a safety permit, as provided by procedures prescribed under subsection (e) of this section, when the Secretary decides the motor carrier is not complying with a requirement of this chapter, a regulation prescribed under this chapter, or an applicable United States motor carrier safety law or regulation or minimum financial responsibility law or regulation.
(2) If the Secretary decides an imminent hazard exists, the Secretary may amend, suspend, or revoke a permit before scheduling a hearing.
(e) Procedures.— 
The Secretary shall prescribe by regulation
(1) application procedures, including form, content, and fees necessary to recover the complete cost of carrying out this section;
(2) standards for deciding the duration, terms, and limitations of a safety permit;
(3) procedures to amend, suspend, or revoke a permit; and
(4) other procedures the Secretary considers appropriate to carry out this section.
(f) Shipper Responsibility.— 
A person offering hazardous material for motor vehicle transportation in commerce may offer the material to a motor carrier only if the carrier has a safety permit issued under this section authorizing the transportation.
(g) Conditions.— 
A motor carrier may provide transportation under a safety permit issued under this section only if the carrier complies with conditions the Secretary finds are required to protect public safety.
(h) Regulations.— 
The Secretary shall prescribe regulations necessary to carry out this section not later than November 16, 1991.

49 USC 5110 - Shipping papers and disclosure

(a) Providing Shipping Papers.— 
Each person offering for transportation in commerce hazardous material to which the shipping paper requirements of the Secretary apply shall provide to the carrier providing the transportation a shipping paper that makes the disclosures the Secretary prescribes in regulations.
(b) Keeping Shipping Papers on the Vehicle.— 

(1) A motor carrier, and the person offering the hazardous material for transportation if a private motor carrier, shall keep the shipping paper on the vehicle transporting the material.
(2) Except as provided in paragraph (1) of this subsection, the shipping paper shall be kept in a location the Secretary specifies in a motor vehicle, train, vessel, aircraft, or facility until
(A) the hazardous material no longer is in transportation; or
(B) the documents are made available to a representative of a department, agency, or instrumentality of the United States Government or a State or local authority responding to an accident or incident involving the motor vehicle, train, vessel, aircraft, or facility.
(c) Disclosure to Emergency Response Authorities.— 
When an incident involving hazardous material being transported in commerce occurs, the person transporting the material, immediately on request of appropriate emergency response authorities, shall disclose to the authorities information about the material.
(d) Retention of Papers.— 

(1) Shippers.— 
The person who provides the shipping paper under this section shall retain the paper, or an electronic format of it, for a period of 2 years after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the shippers principal place of business.
(2) Carriers.— 
The carrier required to keep the shipping paper under this section,[1] shall retain the paper, or an electronic format of it, for a period of 1 year after the date that the shipping paper is provided to the carrier, with the paper or electronic format to be accessible through the carriers principal place of business.
(3) Availability to government agencies.— 
Any person required to keep a shipping paper under this subsection shall, upon request, make it available to a Federal, State, or local government agency at reasonable times and locations.
[1] So in original. Comma probably should not appear.

49 USC 5111 - Repealed. Pub. L. 10959, title VII, 7111, Aug. 10, 2005, 119 Stat. 1899]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 769, related to use of rail tank cars built before Jan. 1, 1971, to transport hazardous material in commerce.

49 USC 5112 - Highway routing of hazardous material

(a) Application.— 

(1) This section applies to a motor vehicle only if the vehicle is transporting hazardous material in commerce for which placarding of the vehicle is required under regulations prescribed under this chapter. However, the Secretary by regulation may extend application of this section or a standard prescribed under subsection (b) of this section to
(A) any use of a vehicle under this paragraph to transport any hazardous material in commerce; and
(B) any motor vehicle used to transport hazardous material in commerce.
(2) Except as provided by subsection (d) of this section and section 5125 (c) of this title, each State and Indian tribe may establish, maintain, and enforce
(A) designations of specific highway routes over which hazardous material may and may not be transported by motor vehicle; and
(B) limitations and requirements related to highway routing.
(b) Standards for States and Indian Tribes.— 

(1) The Secretary, in consultation with the States, shall prescribe by regulation standards for States and Indian tribes to use in carrying out subsection (a) of this section. The standards shall include
(A) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall enhance public safety in the area subject to the jurisdiction of the State or tribe and in areas of the United States not subject to the jurisdiction of the State or tribe and directly affected by the designation, limitation, or requirement;
(B) minimum procedural requirements to ensure public participation when the State or Indian tribe is establishing a highway routing designation, limitation, or requirement;
(C) a requirement that, in establishing a highway routing designation, limitation, or requirement, a State or Indian tribe consult with appropriate State, local, and tribal officials having jurisdiction over areas of the United States not subject to the jurisdiction of that State or tribe establishing the designation, limitation, or requirement and with affected industries;
(D) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe shall ensure through highway routing for the transportation of hazardous material between adjacent areas;
(E) a requirement that a highway routing designation, limitation, or requirement of one State or Indian tribe affecting the transportation of hazardous material in another State or tribe may be established, maintained, and enforced by the State or tribe establishing the designation, limitation, or requirement only if
(i) the designation, limitation, or requirement is agreed to by the other State or tribe within a reasonable period or is approved by the Secretary under subsection (d) of this section; and
(ii) the designation, limitation, or requirement is not an unreasonable burden on commerce;
(F) a requirement that establishing a highway routing designation, limitation, or requirement of a State or Indian tribe be completed in a timely way;
(G) a requirement that a highway routing designation, limitation, or requirement of a State or Indian tribe provide reasonable routes for motor vehicles transporting hazardous material to reach terminals, facilities for food, fuel, repairs, and rest, and places to load and unload hazardous material;
(H) a requirement that a State be responsible
(i) for ensuring that political subdivisions of the State comply with standards prescribed under this subsection in establishing, maintaining, and enforcing a highway routing designation, limitation, or requirement; and
(ii) for resolving a dispute between political subdivisions; and
(I) a requirement that, in carrying out subsection (a) of this section, a State or Indian tribe shall consider
(i) population densities;
(ii) the types of highways;
(iii) the types and amounts of hazardous material;
(iv) emergency response capabilities;
(v) the results of consulting with affected persons;
(vi) exposure and other risk factors;
(vii) terrain considerations;
(viii) the continuity of routes;
(ix) alternative routes;
(x) the effects on commerce;
(xi) delays in transportation; and
(xii) other factors the Secretary considers appropriate.
(2) The Secretary may not assign a specific weight that a State or Indian tribe shall use when considering the factors under paragraph (1)(I) of this subsection.
(c) List of Route Designations.— 
In coordination with the States, the Secretary shall update and publish periodically a list of currently effective hazardous material highway route designations.
(d) Dispute Resolution.— 

(1) The Secretary shall prescribe regulations for resolving a dispute related to through highway routing or to an agreement with a proposed highway route designation, limitation, or requirement between or among States, political subdivisions of different States, or Indian tribes.
(2) A State or Indian tribe involved in a dispute under this subsection may petition the Secretary to resolve the dispute. The Secretary shall resolve the dispute not later than one year after receiving the petition. The resolution shall provide the greatest level of highway safety without being an unreasonable burden on commerce and shall ensure compliance with standards prescribed under subsection (b) of this section.
(3) 
(A) After a petition is filed under this subsection, a civil action about the subject matter of the dispute may be brought in a court only after the earlier of
(i) the day the Secretary issues a final decision; or
(ii) the last day of the one-year period beginning on the day the Secretary receives the petition.
(B) A State or Indian tribe adversely affected by a decision of the Secretary under this subsection may bring a civil action for judicial review of the decision in an appropriate district court of the United States not later than 89 days after the day the decision becomes final.
(e) Relationship to Other Laws.— 
This section and regulations prescribed under this section do not affect sections 31111 and 31113 of this title or section 127 of title 23.
(f) Existing Radioactive Material Routing Regulations.— 
The Secretary is not required to amend or again prescribe regulations related to highway routing designations over which radioactive material may and may not be transported by motor vehicles, and limitations and requirements related to the routing, that were in effect on November 16, 1990.

49 USC 5113 - Unsatisfactory safety rating

A violation of section 31144 (c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.

49 USC 5114 - Air transportation of ionizing radiation material

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

49 USC 5115 - Training curriculum for the public sector

(a) In General.— 
In coordination with the Administrator of the Federal Emergency Management Agency, the Chairman of the Nuclear Regulatory Commission, the Administrator of the Environmental Protection Agency, the Secretaries of Labor, Energy, and Health and Human Services, and the Director of the National Institute of Environmental Health Sciences, and using existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee, the Secretary of Transportation shall maintain, and update periodically, a current curriculum of courses necessary to train public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material. Only in developing the curriculum, the Secretary of Transportation shall consult with regional response teams established under the national contingency plan established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), representatives of commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001), persons (including governmental entities) that provide training for responding to accidents and incidents involving the transportation of hazardous material, and representatives of persons that respond to those accidents and incidents.
(b) Requirements.— 
The curriculum maintained and updated under subsection (a) of this section
(1) shall include
(A) a recommended course of study to train public sector employees to respond to an accident or incident involving the transportation of hazardous material and to plan for those responses;
(B) recommended basic courses and minimum number of hours of instruction necessary for public sector employees to be able to respond safely and efficiently to an accident or incident involving the transportation of hazardous material and to plan those responses; and
(C) appropriate emergency response training and planning programs for public sector employees developed with Federal financial assistance, including programs developed with grants made under section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a); and
(2) may include recommendations on material appropriate for use in a recommended basic course described in clause (1)(B) of this subsection.
(c) Training on Complying With Legal Requirements.— 
A recommended basic course described in subsection (b)(1)(B) of this section shall provide the training necessary for public sector employees to comply with
(1) regulations related to hazardous waste operations and emergency response contained in part 1910 of title 29, Code of Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection standards for hazardous waste operations contained in part 311 of title 40, Code of Federal Regulations, prescribed by the Administrator; and
(3) standards related to emergency response training prescribed by the National Fire Protection Association and such other voluntary consensus standard-setting organizations as the Secretary of Transportation determines appropriate.
(d) Distribution and Publication.— 
With the National Response Team
(1) the Secretary shall distribute the curriculum and any updates to the curriculum to the regional response teams and all committees and commissions established under section 301 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
(2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any programs utilizing such courses.

49 USC 5116 - Planning and training grants, monitoring, and review

(a) Planning Grants.— 

(1) The Secretary shall make grants to States and Indian tribes
(A) to develop, improve, and carry out emergency plans under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.), including ascertaining flow patterns of hazardous material on lands under the jurisdiction of a State or Indian tribe, and between lands under the jurisdiction of a State or Indian tribe and lands of another State or Indian tribe; and
(B) to decide on the need for a regional hazardous material emergency response team.
(2) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection in a fiscal year only if
(A) the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the United States Government) to develop, improve, and carry out emergency plans under the Act will at least equal the average level of expenditure for the last 5 fiscal years; and
(B) the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year to local emergency planning committees established under section 301(c) of the Act (42 U.S.C. 11001 (c)) to develop emergency plans under the Act.
(3) A State or Indian tribe receiving a grant under this subsection shall ensure that planning under the grant is coordinated with emergency planning conducted by adjacent States and Indian tribes.
(b) Training Grants.— 

(1) The Secretary shall make grants to States and Indian tribes to train public sector employees to respond to accidents and incidents involving hazardous material.
(2) The Secretary may make a grant under paragraph (1) of this subsection in a fiscal year
(A) to a State or Indian tribe only if the State or tribe certifies that the total amount the State or tribe expends (except amounts of the Government) to train public sector employees to respond to an accident or incident involving hazardous material will at least equal the average level of expenditure for the last 5 fiscal years;
(B) to a State or Indian tribe only if the State or tribe makes an agreement with the Secretary that the State or tribe will use in that fiscal year, for training public sector employees to respond to an accident or incident involving hazardous material
(i) a course developed or identified under section 5115 of this title; or
(ii) another course the Secretary decides is consistent with the objectives of this section; and
(C) to a State only if the State agrees to make available at least 75 percent of the amount of the grant under paragraph (1) of this subsection in the fiscal year for training public sector employees a political subdivision of the State employs or uses.
(3) A grant under this subsection may be used
(A) to pay
(i) the tuition costs of public sector employees being trained;
(ii) travel expenses of those employees to and from the training facility;
(iii) room and board of those employees when at the training facility; and
(iv) travel expenses of individuals providing the training;
(B) by the State, political subdivision, or Indian tribe to provide the training; and
(C) to make an agreement the Secretary approves authorizing a person (including an authority of a State or political subdivision of a State or Indian tribe) to provide the training
(i) if the agreement allows the Secretary and the State or tribe to conduct random examinations, inspections, and audits of the training without prior notice; and
(ii) if the State or tribe conducts at least one on-site observation of the training each year.
(4) The Secretary shall allocate amounts made available for grants under this subsection for a fiscal year among eligible States and Indian tribes based on the needs of the States and tribes for emergency response training. In making a decision about those needs, the Secretary shall consider
(A) the number of hazardous material facilities in the State or on land under the jurisdiction of the tribe;
(B) the types and amounts of hazardous material transported in the State or on that land;
(C) whether the State or tribe imposes and collects a fee on transporting hazardous material;
(D) whether the fee is used only to carry out a purpose related to transporting hazardous material; and
(E) other factors the Secretary decides are appropriate to carry out this subsection.
(c) Compliance With Certain Law.— 
The Secretary may make a grant to a State under this section in a fiscal year only if the State certifies that the State complies with sections 301 and 303 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 11003).
(d) Applications.— 
A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section.
(e) Government’s Share of Costs.— 
A grant under this section is for 80 percent of the cost the State or Indian tribe incurs in the fiscal year to carry out the activity for which the grant is made. Amounts of the State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this section are not part of the non-Government share under this subsection.
(f) Monitoring and Technical Assistance.— 
In coordination with the Secretaries of Transportation and Energy, Administrator of the Environmental Protection Agency, and Director of the National Institute of Environmental Health Sciences, the Administrator of the Federal Emergency Management Agency shall monitor public sector emergency response planning and training for an accident or incident involving hazardous material. Considering the results of the monitoring, the Secretaries, Administrators, and Director each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emergency response training and planning for an accident or incident involving hazardous material and shall coordinate the assistance using the existing coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordinating Committee.
(g) Delegation of Authority.— 
To minimize administrative costs and to coordinate Federal financial assistance for emergency response training and planning, the Secretary may delegate to the Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, Administrator of the Environmental Protection Agency, and Secretaries of Labor and Energy any of the following:
(1) authority to receive applications for grants under this section.
(2) authority to review applications for technical compliance with this section.
(3) authority to review applications to recommend approval or disapproval.
(4) any other ministerial duty associated with grants under this section.
(h) Minimizing Duplication of Effort and Expenses.— 
The Secretaries of Transportation, Labor, and Energy, Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator of the Environmental Protection Agency shall review periodically, with the head of each department, agency, or instrumentality of the Government, all emergency response and preparedness training programs of that department, agency, or instrumentality to minimize duplication of effort and expense of the department, agency, or instrumentality in carrying out the programs and shall take necessary action to minimize duplication.
(i) Annual Registration Fee Account and Its Uses.— 
The Secretary of the Treasury shall establish an account in the Treasury (to be known as the Hazardous Materials Emergency Preparedness Fund) into which the Secretary of the Treasury shall deposit amounts the Secretary of Transportation transfers to the Secretary of the Treasury under section 5108 (g)(2)(C) of this title. Without further appropriation, amounts in the account are available
(1) to make grants under this section;
(2) to monitor and provide technical assistance under subsection (f) of this section;
(3) to publish and distribute an emergency response guide; and
(4) to pay administrative costs of carrying out this section and sections 5108 (g)(2) and 5115 of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs.
(j) Supplemental Training Grants.— 

(1) In order to further the purposes of subsection (b), the Secretary shall, subject to the availability of funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for the purpose of training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents.
(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall
(A) identify regions or locations in which fire departments or other organizations which provide emergency response to hazardous materials transportation accidents and incidents are in need of hazardous materials training; and
(B) prioritize such needs and develop a means for identifying additional specific training needs.
(3) Funds granted to an organization under this subsection shall only be used
(A) to train instructors to conduct hazardous materials response training programs;
(B) to purchase training equipment used exclusively to train instructors to conduct such training programs; and
(C) to disseminate such information and materials as are necessary for the conduct of such training programs.
(4) The Secretary may only make a grant to an organization under this subsection in a fiscal year if the organization enters into an agreement with the Secretary to train instructors to conduct hazardous materials response training programs in such fiscal year that will use
(A) a course or courses developed or identified under section 5115 of this title; or
(B) other courses which the Secretary determines are consistent with the objectives of this subsection;

for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall be open to all such individuals on a nondiscriminatory basis.

(5) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
(k) Reports.— 
The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public information on the allocation and uses of the planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107. The report shall identify the ultimate recipients of training grants and include a detailed accounting of all grant expenditures by grant recipients, the number of persons trained under the grant programs, and an evaluation of the efficacy of training programs carried out.

49 USC 5117 - Special permits and exclusions

(a) Authority To Issue Special Permits.— 

(1) As provided under procedures prescribed by regulation, the Secretary may issue, modify, or terminate a special permit authorizing a variance from this chapter or a regulation prescribed under section 5103 (b), 5104, 5110, or 5112 of this title to a person performing a function regulated by the Secretary under section 5103 (b)(1) in a way that achieves a safety level
(A) at least equal to the safety level required under this chapter; or
(B) consistent with the public interest and this chapter, if a required safety level does not exist.
(2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive periods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years.
(b) Applications.— 
When applying for a special permit or renewal of a special permit under this section, the person must provide a safety analysis prescribed by the Secretary that justifies the special permit. The Secretary shall publish in the Federal Register notice that an application for a special permit has been filed and shall give the public an opportunity to inspect the safety analysis and comment on the application. This subsection does not require the release of information protected by law from public disclosure.
(c) Applications To Be Dealt With Promptly.— 
The Secretary shall issue or renew the special permit for which an application was filed or deny such issuance or renewal within 180 days after the first day of the month following the date of the filing of such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretarys decision on the special permit is delayed, along with an estimate of the additional time necessary before the decision is made.
(d) Exclusions.— 

(1) The Secretary shall exclude, in any part, from this chapter and regulations prescribed under this chapter
(A) a public vessel (as defined in section 2101 of title 46);
(B) a vessel exempted under section 3702 of title 46 from chapter 37 of title 46; and
(C) a vessel to the extent it is regulated under the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221 et seq.).
(2) This chapter and regulations prescribed under this chapter do not prohibit
(A) or regulate transportation of a firearm (as defined in section 232 of title 18), or ammunition for a firearm, by an individual for personal use; or
(B) transportation of a firearm or ammunition in commerce.
(e) Limitation on Authority.— 
Unless the Secretary decides that an emergency exists, a special permit or renewal granted under this section is the only way a person subject to this chapter may be granted a variance from this chapter.

49 USC 5118 - Repealed. Pub. L. 10959, title VII, 7115(h), Aug. 10, 2005, 119 Stat. 1901]

Section, Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 777; Pub. L. 108–426, § 2(c)(2), Nov. 30, 2004, 118 Stat. 2424, related to employment of additional hazardous material safety inspectors.

49 USC 5119 - Uniform forms and procedures

(a) Establishment of Working Group.— 
The Secretary shall establish a working group of State and local government officials, including representatives of the National Governors Association, the National Association of Counties, the National League of Cities, the United States Conference of Mayors, the National Conference of State Legislatures, and the Alliance for Uniform Hazmat Transportation Procedures.
(b) Purpose of Working Group.— 
The purpose of the working group shall be to develop uniform forms and procedures for a State to register, and to issue permits to, persons that transport, or cause to be transported, hazardous material by motor vehicle in the State.
(c) Limitation on Working Group.— 
The working group may not propose to define or limit the amount of a fee a State may impose or collect.
(d) Procedure.— 
The Secretary shall develop a procedure for the working group to employ in developing recommendations for the Secretary to harmonize existing State registration and permit laws and regulations relating to the transportation of hazardous materials, with special attention paid to each States unique safety concerns and interest in maintaining strong hazmat safety standards.
(e) Report of Working Group.— 
Not later than 18 months after the date of enactment of this subsection, the working group shall transmit to the Secretary a report containing recommendations for establishing uniform forms and procedures described in subsection (b).
(f) Regulations.— 
Not later than 18 months after the date the working groups report is delivered to the Secretary, the Secretary shall issue regulations to carry out such recommendations of the working group as the Secretary considers appropriate. In developing such regulations, the Secretary shall consider the State needs associated with the transition to and implementation of a uniform forms and procedures program.
(g) Limitation on Statutory Construction.— 
Nothing in this section shall be construed as prohibiting a State from voluntarily participating in a program of uniform forms and procedures until such time as the Secretary issues regulations under subsection (f).

49 USC 5120 - International uniformity of standards and requirements

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

49 USC 5121 - Administrative

(a) General Authority.— 
To carry out this chapter, the Secretary may investigate, conduct tests, make reports, issue subpenas, conduct hearings, require the production of records and property, take depositions, and conduct research, development, demonstration, and training activities. Except as provided in subsections (c) and (d), after notice and an opportunity for a hearing, the Secretary may issue an order requiring compliance with this chapter or a regulation prescribed, or an order, special permit, or approval issued, under this chapter.
(b) Records, Reports, and Information.— 
A person subject to this chapter shall
(1) maintain records and property, make reports, and provide information the Secretary by regulation or order requires; and
(2) make the records, property, reports, and information available for inspection when the Secretary undertakes an investigation or makes a request.
(c) Inspections and Investigations.— 

(1) In general.— 
A designated officer, employee, or agent of the Secretary
(A) may inspect and investigate, at a reasonable time and in a reasonable manner, records and property relating to a function described in section 5103 (b)(1);
(B) except in the case of packaging immediately adjacent to its hazardous material contents, may gain access to, open, and examine a package offered for, or in, transportation when the officer, employee, or agent has an objectively reasonable and articulable belief that the package may contain a hazardous material;
(C) may remove from transportation a package or related packages in a shipment offered for or in transportation for which
(i) such officer, employee, or agent has an objectively reasonable and articulable belief that the package may pose an imminent hazard; and
(ii) such officer, employee, or agent contemporaneously documents such belief in accordance with procedures set forth in guidance or regulations prescribed under subsection (e);
(D) may gather information from the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package, to ascertain the nature and hazards of the contents of the package;
(E) as necessary, under terms and conditions specified by the Secretary, may order the offeror, carrier, packaging manufacturer or tester, or other person responsible for the package to have the package transported to, opened, and the contents examined and analyzed, at a facility appropriate for the conduct of such examination and analysis; and
(F) when safety might otherwise be compromised, may authorize properly qualified personnel to assist in the activities conducted under this subsection.
(2) Display of credentials.— 
An officer, employee, or agent acting under this subsection shall display proper credentials when requested.
(3) Safe resumption of transportation.— 
In instances when, as a result of an inspection or investigation under this subsection, an imminent hazard is not found to exist, the Secretary, in accordance with procedures set forth in regulations prescribed under subsection (e), shall assist
(A) in the safe and prompt resumption of transportation of the package concerned; or
(B) in any case in which the hazardous material being transported is perishable, in the safe and expeditious resumption of transportation of the perishable hazardous material.
(d) Emergency Orders.— 

(1) In general.— 
If, upon inspection, investigation, testing, or research, the Secretary determines that a violation of a provision of this chapter, or a regulation prescribed under this chapter, or an unsafe condition or practice, constitutes or is causing an imminent hazard, the Secretary may issue or impose emergency restrictions, prohibitions, recalls, or out-of-service orders, without notice or an opportunity for a hearing, but only to the extent necessary to abate the imminent hazard.
(2) Written orders.— 
The action of the Secretary under paragraph (1) shall be in a written emergency order that
(A) describes the violation, condition, or practice that constitutes or is causing the imminent hazard;
(B) states the restrictions, prohibitions, recalls, or out-of-service orders issued or imposed; and
(C) describes the standards and procedures for obtaining relief from the order.
(3) Opportunity for review.— 
After taking action under paragraph (1), the Secretary shall provide for review of the action under section 554 of title 5 if a petition for review is filed within 20 calendar days of the date of issuance of the order for the action.
(4) Expiration of effectiveness of order.— 
If a petition for review of an action is filed under paragraph (3) and the review under that paragraph is not completed by the end of the 30-day period beginning on the date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the imminent hazard providing a basis for the action continues to exist.
(5) Out-of-service order defined.— 
In this subsection, the term out-of-service order means a requirement that an aircraft, vessel, motor vehicle, train, railcar, locomotive, other vehicle, transport unit, transport vehicle, freight container, potable tank, or other package not be moved until specified conditions have been met.
(e) Regulations.— 

(1) Temporary regulations.— 
Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2).
(2) Final regulations.— 
Not later than 1 year after such date of enactment, the Secretary shall issue regulations to carry out subsections (c) and (d) in accordance with subchapter II of chapter 5 of title 5.
(f) Facility, Staff, and Reporting System on Risks, Emergencies, and Actions.— 

(1) The Secretary shall
(A) maintain a facility and technical staff sufficient to provide, within the United States Government, the capability of evaluating a risk related to the transportation of hazardous material and material alleged to be hazardous;
(B) maintain a central reporting system and information center capable of providing information and advice to law enforcement and firefighting personnel, other interested individuals, and officers and employees of the Government and State and local governments on meeting an emergency related to the transportation of hazardous material; and
(C) conduct a continuous review on all aspects of transporting hazardous material to decide on and take appropriate actions to ensure safe transportation of hazardous material.
(2) Paragraph (1) of this subsection does not prevent the Secretary from making a contract with a private entity for use of a supplemental reporting system and information center operated and maintained by the contractor.
(g) Grants and Cooperative Agreements.— 
The Secretary may enter into grants and cooperative agreements with a person, agency, or instrumentality of the United States, a unit of State or local government, an Indian tribe, a foreign government (in coordination with the Department of State), an educational institution, or other appropriate entity
(1) to expand risk assessment and emergency response capabilities with respect to the security of transportation of hazardous material;
(2) to enhance emergency communications capacity as determined necessary by the Secretary, including the use of integrated, interoperable emergency communications technologies where appropriate;
(3) to conduct research, development, demonstration, risk assessment, and emergency response planning and training activities; or
(4) to otherwise carry out this chapter.
(h) Report.— 
The Secretary shall, once every 2 years, prepare and transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a comprehensive report on the transportation of hazardous materials during the preceding 2 calendar years. The report shall include
(1) a statistical compilation of accidents and casualties related to the transportation of hazardous material;
(2) a list and summary of applicable Government regulations, criteria, orders, and exemptions;
(3) a summary of the basis for each exemption;
(4) an evaluation of the effectiveness of enforcement activities relating to a function regulated by the Secretary under section 5103 (b)(1) and the degree of voluntary compliance with regulations;
(5) a summary of outstanding problems in carrying out this chapter in order of priority; and
(6) recommendations for appropriate legislation.

49 USC 5122 - Enforcement

(a) General.— 
At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter. The court may award appropriate relief, including a temporary or permanent injunction, punitive damages, and assessment of civil penalties considering the same penalty amounts and factors as prescribed for the Secretary in an administrative case under section 5123.
(b) Imminent Hazards.— 

(1) If the Secretary has reason to believe that an imminent hazard exists, the Secretary may bring a civil action in an appropriate district court of the United States
(A) to suspend or restrict the transportation of the hazardous material responsible for the hazard; or
(B) to eliminate or mitigate the hazard.
(2) On request of the Secretary, the Attorney General shall bring an action under paragraph (1) of this subsection.
(c) Withholding of Clearance.— 

(1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of Homeland Security, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.

49 USC 5123 - Civil penalty

(a) Penalty.— 

(1) A person that knowingly violates this chapter or a regulation, order, special permit, or approval issued under this chapter is liable to the United States Government for a civil penalty of at least $250 but not more than $50,000 for each violation. A person acts knowingly when
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge.
(2) If the Secretary finds that a violation under paragraph (1) results in death, serious illness, or severe injury to any person or substantial destruction of property, the Secretary may increase the amount of the civil penalty for such violation to not more than $100,000.
(3) If the violation is related to training, paragraph (1) shall be applied by substituting $450 for $250.
(4) A separate violation occurs for each day the violation, committed by a person that transports or causes to be transported hazardous material, continues.
(b) Hearing Requirement.— 
The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty.
(c) Penalty Considerations.— 
In determining the amount of a civil penalty under this section, the Secretary shall consider
(1) the nature, circumstances, extent, and gravity of the violation;
(2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
(3) other matters that justice requires.
(d) Civil Actions To Collect.— 
The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this section and any accrued interest on the civil penalty as calculated in accordance with section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.
(e) Compromise.— 
The Secretary may compromise the amount of a civil penalty imposed under this section before referral to the Attorney General.
(f) Setoff.— 
The Government may deduct the amount of a civil penalty imposed or compromised under this section from amounts it owes the person liable for the penalty.
(g) Depositing Amounts Collected.— 
Amounts collected under this section shall be deposited in the Treasury as miscellaneous receipts.

49 USC 5124 - Criminal penalty

(a) In General.— 
A person knowingly violating section 5104 (b) or willfully or recklessly violating this chapter or a regulation, order, special permit, or approval issued under this chapter shall be fined under title 18, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person.
(b) Knowing Violations.— 
For purposes of this section
(1) a person acts knowingly when
(A) the person has actual knowledge of the facts giving rise to the violation; or
(B) a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge; and
(2) knowledge of the existence of a statutory provision, or a regulation or a requirement required by the Secretary, is not an element of an offense under this section.
(c) Willful Violations.— 
For purposes of this section, a person acts willfully when
(1) the person has knowledge of the facts giving rise to the violation; and
(2) the person has knowledge that the conduct was unlawful.
(d) Reckless Violations.— 
For purposes of this section, a person acts recklessly when the person displays a deliberate indifference or conscious disregard to the consequences of that persons conduct.

49 USC 5125 - Preemption

(a) General.— 
Except as provided in subsections (b), (c), and (e) of this section and unless authorized by another law of the United States, a requirement of a State, political subdivision of a State, or Indian tribe is preempted if
(1) complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security is not possible; or
(2) the requirement of the State, political subdivision, or tribe, as applied or enforced, is an obstacle to accomplishing and carrying out this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security.
(b) Substantive Differences.— 

(1) Except as provided in subsection (c) of this section and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe about any of the following subjects, that is not substantively the same as a provision of this chapter, a regulation prescribed under this chapter, or a hazardous materials transportation security regulation or directive issued by the Secretary of Homeland Security, is preempted:
(A) the designation, description, and classification of hazardous material.
(B) the packing, repacking, handling, labeling, marking, and placarding of hazardous material.
(C) the preparation, execution, and use of shipping documents related to hazardous material and requirements related to the number, contents, and placement of those documents.
(D) the written notification, recording, and reporting of the unintentional release in transportation of hazardous material.
(E) the designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce.
(2) If the Secretary prescribes or has prescribed under section 5103 (b), 5104, 5110, or 5112 of this title or prior comparable provision of law a regulation or standard related to a subject referred to in paragraph (1) of this subsection, a State, political subdivision of a State, or Indian tribe may prescribe, issue, maintain, and enforce only a law, regulation, standard, or order about the subject that is substantively the same as a provision of this chapter or a regulation prescribed or order issued under this chapter. The Secretary shall decide on and publish in the Federal Register the effective date of section 5103 (b) of this title for any regulation or standard about any of those subjects that the Secretary prescribes. The effective date may not be earlier than 90 days after the Secretary prescribes the regulation or standard nor later than the last day of the 2-year period beginning on the date the Secretary prescribes the regulation or standard.
(3) If a State, political subdivision of a State, or Indian tribe imposes a fine or penalty the Secretary decides is appropriate for a violation related to a subject referred to in paragraph (1) of this subsection, an additional fine or penalty may not be imposed by any other authority.
(c) Compliance With Section 5112(b) Regulations.(1) Except as provided in paragraph (2) of this subsection, after the last day of the 2-year period beginning on the date a regulation is prescribed under section 5112 (b) of this title, a State or Indian tribe may establish, maintain, or enforce a highway routing designation over which hazardous material may or may not be transported by motor vehicles, or a limitation or requirement related to highway routing, only if the designation, limitation, or requirement complies with section 5112 (b).
(2) 
(A) A highway routing designation, limitation, or requirement established before the date a regulation is prescribed under section 5112 (b) of this title does not have to comply with section 5112 (b)(1)(B), (C), and (F).
(B) This subsection and section 5112 of this title do not require a State or Indian tribe to comply with section 5112 (b)(1)(I) if the highway routing designation, limitation, or requirement was established before November 16, 1990.
(C) The Secretary may allow a highway routing designation, limitation, or requirement to continue in effect until a dispute related to the designation, limitation, or requirement is resolved under section 5112 (d) of this title.
(d) Decisions on Preemption.— 

(1) A person (including a State, political subdivision of a State, or Indian tribe) directly affected by a requirement of a State, political subdivision, or tribe may apply to the Secretary, as provided by regulations prescribed by the Secretary, for a decision on whether the requirement is preempted by subsection (a), (b)(1), or (c) of this section or section 5119 (e). The Secretary shall publish notice of the application in the Federal Register. The Secretary shall issue a decision on an application for a determination within 180 days after the date of the publication of the notice of having received such application, or the Secretary shall publish a statement in the Federal Register of the reason why the Secretarys decision on the application is delayed, along with an estimate of the additional time necessary before the decision is made. After notice is published, an applicant may not seek judicial relief on the same or substantially the same issue until the Secretary takes final action on the application or until 180 days after the application is filed, whichever occurs first.
(2) After consulting with States, political subdivisions of States, and Indian tribes, the Secretary shall prescribe regulations for carrying out paragraph (1) of this subsection.
(3) Subsection (a) of this section does not prevent a State, political subdivision of a State, or Indian tribe, or another person directly affected by a requirement, from seeking a decision on preemption from a court of competent jurisdiction instead of applying to the Secretary under paragraph (1) of this subsection.
(e) Waiver of Preemption.— 
A State, political subdivision of a State, or Indian tribe may apply to the Secretary for a waiver of preemption of a requirement the State, political subdivision, or tribe acknowledges is preempted by subsection (a), (b)(1), or (c) of this section or section 5119 (b). Under a procedure the Secretary prescribes by regulation, the Secretary may waive preemption on deciding the requirement
(1) provides the public at least as much protection as do requirements of this chapter and regulations prescribed under this chapter; and
(2) is not an unreasonable burden on commerce.
(f) Fees.— 

(1) A State, political subdivision of a State, or Indian tribe may impose a fee related to transporting hazardous material only if the fee is fair and used for a purpose related to transporting hazardous material, including enforcement and planning, developing, and maintaining a capability for emergency response.
(2) A State or political subdivision thereof or Indian tribe that levies a fee in connection with the transportation of hazardous materials shall, upon the Secretarys request, report to the Secretary on
(A) the basis on which the fee is levied upon persons involved in such transportation;
(B) the purposes for which the revenues from the fee are used;
(C) the annual total amount of the revenues collected from the fee; and
(D) such other matters as the Secretary requests.
(g) Application of Each Preemption Standard.— 
Each standard for preemption in subsection (b), (c)(1), or (d), and in section 5119 (b), is independent in its application to a requirement of a State, political subdivision of a State, or Indian tribe.
(h) Non-Federal Enforcement Standards.— 
This section does not apply to any procedure, penalty, required mental state, or other standard utilized by a State, political subdivision of a State, or Indian tribe to enforce a requirement applicable to the transportation of hazardous material.

49 USC 5126 - Relationship to other laws

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

49 USC 5127 - Judicial review

(a) Filing and Venue.— 
Except as provided in section 20114 (c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretarys action becomes final.
(b) Judicial Procedures.— 
When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in section 2112 of title 28.
(c) Authority of Court.— 
The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretarys final action and may order the Secretary to conduct further proceedings.
(d) Requirement for Prior Objection.— 
In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

49 USC 5128 - Authorizations of appropriations

(a) In General.— 
In order to carry out this chapter (except sections 5107 (e), 5108 (g)(2), 5113, 5115, 5116, and 5119), the following amounts are authorized to be appropriated to the Secretary:
(1) For fiscal year 2005, $24,940,000.
(2) For fiscal year 2006, $29,000,000.
(3) For fiscal year 2007, $30,000,000.
(4) For fiscal year 2008, $30,000,000.
(b) Hazardous Materials Emergency Preparedness Fund.— 
There shall be available to the Secretary, from the account established pursuant to section 5116 (i), for each of fiscal years 2005 through 2008 the following:
(1) To carry out section 5115, $200,000.
(2) To carry out sections 5116 (a) and (b), $21,800,000 to be allocated as follows:
(A) $5,000,000 to carry out section 5116 (a).
(B) $7,800,000 to carry out section 5116 (b).
(C) Of the amount provided for by this paragraph for a fiscal year in excess of the suballocations in subparagraphs (A) and (B)
(i) 35 percent shall be used to carry out section 5116 (a); and
(ii) 65 percent shall be used to carry out section 5116 (b), except that the Secretary may increase the proportion to carry out section 5116 (b) and decrease the proportion to carry out section 5116 (a) if the Secretary determines that such reallocation is appropriate to carry out the intended uses of these funds as described in the applications submitted by States and Indian tribes.
(3) To carry out section 5116 (f), $150,000.
(4) To publish and distribute the Emergency Response Guidebook under section 5116 (i)(3), $625,000.
(5) To carry out section 5116 (j), $1,000,000.
(c) Hazmat Training Grants.— 
There shall be available to the Secretary, from the account established pursuant to section 5116 (i), to carry out section 5107 (e) $4,000,000 for each of fiscal years 2005 through 2008.
(d) Issuance of Hazmat Licenses.— 
There are authorized to be appropriated for the Department of Transportation such amounts as may be necessary to carry out section 5103a.
(e) Credits to Appropriations.— 
The Secretary may credit to any appropriation to carry out this chapter an amount received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, authority, or entity.
(f) Availability of Amounts.— 
Amounts made available by or under this section remain available until expended.

TITLE 49 - US CODE - CHAPTER 53 - PUBLIC TRANSPORTATION

49 USC 5301 - Policies, findings, and purposes

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

49 USC 5302 - Definitions

(a) In General.— 
Except as otherwise specifically provided, in this chapter, the following definitions apply:
(1) Capital project.— 
The term capital project means a project for
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
(G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation
(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and
(ii) excluding construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipients annual formula apportionment under sections 5307 and 5311;
(J) crime prevention and security
(i) including
(I) projects to refine and develop security and emergency response plans;
(II) projects aimed at detecting chemical and biological agents in public transportation;
(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and
(IV) security training for public transportation employees; but
(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV);
(K) establishing a debt service reserve, made up of deposits with a bondholders trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or
(L) mobility management
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services.
(2) Chief executive officer of a state.— 
The term chief executive officer of a State includes the designee of the chief executive officer.
(3) Emergency regulation.— 
The term emergency regulation means a regulation
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334 (b);[1] and
(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation
(i) would injure seriously an important public interest;
(ii) would frustrate substantially legislative policy and intent; or
(iii) would damage seriously a person or class without serving an important public interest.
(4) Fixed guideway.— 
The term fixed guideway means a public transportation facility
(A) using and occupying a separate right-of-way or rail for the exclusive use of public transportation and other high occupancy vehicles; or
(B) using a fixed catenary system and a right-of-way usable by other forms of transportation.
(5) Individual with a disability.— 
The term individual with a disability means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, public transportation service or a public transportation facility.
(6) Local governmental authority.— 
The term local governmental authority includes
(A) a political subdivision of a State;
(B) an authority of at least 1 State or political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or commission established under the laws of a State.
(7) Mass transportation.— 
The term mass transportation means public transportation.
(8) Net project cost.— 
The term net project cost means the part of a project that reasonably cannot be financed from revenues.
(9) New bus model.— 
The term new bus model means a bus model (including a model using alternative fuel)
(A) that has not been used in public transportation in the United States before the date of production of the model; or
(B) used in public transportation in the United States, but being produced with a major change in configuration or components.
(10) Public transportation.— 
The term public transportation means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity).
(11) Regulation.— 
The term regulation means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.
(12) Secretary.— 
The term Secretary means the Secretary of Transportation.
(13) State.— 
The term State means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(14) Transit.— 
The term transit means public transportation.
(15) Transit enhancement.— 
The term transit enhancement means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities);
(B) bus shelters;
(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;
(D) public art;
(E) pedestrian access and walkways;
(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles;
(G) transit connections to parks within the recipients transit service area;
(H) signage; and
(I) enhanced access for persons with disabilities to public transportation.
(16) Urban area.— 
The term urban area means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.
(17) Urbanized area.— 
The term urbanized area means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an urbanized area by the Secretary of Commerce.
(b) Authority To Modify “Individual With a Disability”.— 
The Secretary may by regulation modify the definition of the term individual with a disability in subsection (a)(5) as it applies to section 5307 (d)(1)(D).
[1] See References in Text note below.

49 USC 5303 - Metropolitan transportation planning

(a) Policy.— 
It is in the national interest to
(1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304 (d).
(b) Definitions.— 
In this section and section 5304, the following definitions apply:
(1) Metropolitan planning area.— 
The term metropolitan planning area means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2) Metropolitan planning organization.— 
The term metropolitan planning organization means the policy board of an organization created as a result of the designation process in subsection (d).
(3) Nonmetropolitan area.— 
The term nonmetropolitan area means a geographic area outside a designated metropolitan planning area.
(4) Nonmetropolitan local official.— 
The term nonmetropolitan local official means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
(5) TIP.— 
The term TIP means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(6) Urbanized area.— 
The term urbanized area means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census.
(c) General Requirements.— 

(1) Development of long-range plans and tips.— 
To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the State.
(2) Contents.— 
The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.
(3) Process of development.— 
The process for developing the plans and TIPs 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 to be addressed.
(d) 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 with a population of more than 50,000 individuals
(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or
(B) in accordance with procedures established by applicable State or local law.
(2) Structure.— 
Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of
(A) local elected officials;
(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and
(C) appropriate State officials.
(3) 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 the plans and TIPs for adoption by a metropolitan planning organization; and
(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(4) Continuing designation.— 
A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).
(5) Redesignation procedures.— 
A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this section.
(6) Designation of more than one metropolitan planning organization.— 
More than one metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than one metropolitan planning organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries.— 

(1) In general.— 
For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.
(2) Included area.— 
Each metropolitan planning area
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3) Identification of new urbanized areas within existing planning area boundaries.— 
The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.
(4) Existing metropolitan planning areas in nonattainment.— 
Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the Federal Public Transportation Act of 2005, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained; except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5).
(5) New metropolitan planning areas in nonattainment.— 
In the case of an urbanized area designated after the date of enactment of the Federal Public Transportation Act of 2005 as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area
(A) shall be established in the manner described in subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B); and
(D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide.
(f) Coordination in Multistate Areas.— 

(1) In general.— 
The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.
(2) Interstate compacts.— 
The consent of Congress is granted to any two or more States
(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and
(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.
(3) Lake tahoe region.— 

(A) Definition.— 
In this paragraph, the term Lake Tahoe region has the meaning given the term region in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96551 (94 Stat. 3234).
(B) Transportation planning process.— 
The Secretary shall
(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and
(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.
(C) Interstate compact.— 

(i) In general.— 
Subject to clause (ii), and notwithstanding subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that 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.
(ii) Involvement of federal land management agencies.— 

(I) Representation.— 
The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region.
(II) Funding.— 
In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.
(D) Activities.— 
Highway projects included in transportation plans developed under this paragraph
(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and
(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of such title.
(4) Reservation of rights.— 
The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination.— 

(1) Nonattainment areas.— 
If more than one 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, 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 TIPs required by this section.
(2) Transportation improvements located in multiple mpos.— 
If a transportation improvement, funded from the Highway Trust Fund or authorized under this chapter, is located within the boundaries of more than one metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement.
(3) Relationship with other planning officials.— 
The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by
(A) recipients of assistance under this chapter;
(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(C) recipients of assistance under section 204 of title 23.
(h) Scope of Planning Process.— 

(1) In general.— 
The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will
(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation system.
(2) Failure to consider factors.— 
The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process.
(i) Development of Transportation Plan.— 

(1) In general.— 
Each metropolitan planning organization shall prepare a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following:
(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407 (d)).
(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407 (d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).

In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.

(2) Transportation plan.— 
A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:
(A) Identification of transportation facilities.— 
An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) 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 transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as such factors relate to a 20-year forecast period.
(B) Mitigation activities.— 

(i) In general.— 
A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
(ii) Consultation.— 
The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
(C) Financial plan.— 
A financial plan that demonstrates how the adopted transportation 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 additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation.
(D) Operational and management strategies.— 
Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.
(E) Capital investment and other strategies.— 
Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs.
(F) Transportation and transit enhancement activities.— 
Proposed transportation and transit 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, the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act.
(4) Consultation.— 

(A) In general.— 
In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan.
(B) Issues.— 
The consultation shall involve, as appropriate
(i) comparison of transportation plans with State conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of natural or historic resources, if available.
(5) Participation by interested parties.— 

(A) In general.— 
Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan.
(B) Contents of participation plan.— 
A participation plan
(i) shall be developed in consultation with all interested parties; and
(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.
(C) Methods.— 
In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(6) Publication.— 
A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.
(7) Selection of projects from illustrative list.— 
Notwithstanding paragraph (2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C).
(j) Metropolitan Tip.— 

(1) Development.— 

(A) In general.— 
In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the area for which the organization is designated.
(B) Opportunity for comment.— 
In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).
(C) Funding estimates.— 
For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.
(D) Updating and approval.— 
The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor.
(2) Contents.— 

(A) Priority list.— 
The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP.
(B) Financial plan.— 
The TIP shall include a financial plan that
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
(C) Descriptions.— 
Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project.
(3) Included projects.— 

(A) Projects under this chapter and title 23.— 
A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23.
(B) Projects under chapter 2 of title 23.— 

(i) Regionally significant projects.— 
Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.
(ii) Other projects.— 
Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program.
(C) Consistency with long-range transportation plan.— 
Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area.
(D) Requirement of anticipated full funding.— 
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.
(4) Notice and comment.— 
Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).
(5) Selection of projects.— 

(A) In general.— 
Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP
(i) by
(I) in the case of projects under title 23, the State; and
(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and
(ii) in cooperation with the metropolitan planning organization.
(B) Modifications to project priority.— 
Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.
(6) Selection of projects from illustrative list.— 

(A) No required selection.— 
Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
(B) Required action by the secretary.— 
Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.
(7) Publication.— 

(A) Publication of tips.— 
A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.
(B) Publication of annual listings of projects.— 
An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP.
(C) Rulemaking.— 
Not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall issue regulations setting standards for the listing required by subparagraph (B) and specifying the types of data to be included in such list, including sufficient information about each project to identify its type, location, and amount obligated.
(k) Transportation Management Areas.— 

(1) Identification and designation.— 

(A) Required identification.— 
The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.
(B) Designations on request.— 
The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.
(2) Transportation plans.— 
In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators.
(3) Congestion management process.— 
Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 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 but no sooner than one year after the identification of a transportation management area.
(4) Selection of projects.— 

(A) In general.— 
All federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under this chapter shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator.
(B) National highway system projects.— 
Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under title 23 shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area.
(5) Certification.— 

(A) In general.— 
The Secretary shall
(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.
(B) Requirements for certification.— 
The Secretary may make the certification under subparagraph (A) if
(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and
(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.
(C) Effect of failure to certify.— 

(i) Withholding of project funds.— 
If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23.
(ii) Restoration of withheld funds.— 
The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.
(D) Review of certification.— 
In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.
(l) Abbreviated Plans for Certain Areas.— 

(1) In general.— 
Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.
(2) Nonattainment areas.— 
The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act.
(m) Additional Requirements for Certain Nonattainment Areas.— 

(1) In general.— 
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, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.
(2) Applicability.— 
This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).
(n) Limitation on Statutory Construction.— 
Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this chapter or title 23.
(o) Funding.— 
Funds set aside under section 5305 (g) of this title or section 104 (f) of title 23 shall be available to carry out this section.
(p) Continuation of Current Review Practice.— 
Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under such Act.

49 USC 5304 - Statewide transportation planning

(a) General Requirements.— 

(1) Development of plans and programs.— 
To accomplish the objectives stated in section 5303 (a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State, subject to section 5303.
(2) Contents.— 
The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.
(3) Process of development.— 
The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303 (a), and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State Implementation Plan.— 
A State shall
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Interstate Agreements.— 

(1) In general.— 
The consent of Congress is granted to 2 or more States entering 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 related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective.
(2) Reservation of rights.— 
The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.
(d) Scope of Planning Process.— 

(1) In general.— 
Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will
(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and freight;
(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation system.
(2) Failure to consider factors.— 
The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process.
(e) Additional Requirements.— 
In carrying out planning under this section, each State shall consider, at a minimum
(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation;
(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.
(f) Long-Range Statewide Transportation Plan.— 

(1) Development.— 
Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.
(2) Consultation with governments.— 

(A) Metropolitan areas.— 
The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.
(B) Nonmetropolitan areas.— 
With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in consultation with affected nonmetropolitan officials with responsibility for transportation. The Secretary shall not review or approve the consultation process in each State.
(C) Indian tribal areas.— 
With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior.
(D) Consultation, comparison, and consideration.— 

(i) In general.— 
The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.
(ii) Comparison and consideration.— 
Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.
(3) Participation by interested parties.— 

(A) In general.— 
In developing the statewide transportation plan, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan.
(B) Methods.— 
In carrying out subparagraph (A), the State shall, to the maximum extent practicable
(i) hold any public meetings at convenient and accessible locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(4) Mitigation activities.— 

(A) In general.— 
A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
(B) Consultation.— 
The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
(5) Financial plan.— 
The statewide transportation plan may include a financial plan that demonstrates how the adopted statewide transportation 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 additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(6) Selection of projects from illustrative list.— 
A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5).
(7) Existing system.— 
The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system.
(8) Publication of long-range transportation plans.— 
Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.
(g) Statewide Transportation Improvement Program.— 

(1) Development.— 
Each State shall develop a statewide transportation improvement program for all areas of the State. Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently.
(2) Consultation with governments.— 

(A) Metropolitan areas.— 
With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.
(B) Nonmetropolitan areas.— 
With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary shall not review or approve the specific consultation process in the State.
(C) Indian tribal areas.— 
With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.
(3) Participation by interested parties.— 
In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.
(4) Included projects.— 

(A) In general.— 
A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State.
(B) Listing of projects.— 
An annual listing of projects for which funds have been obligated in the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in each metropolitan transportation improvement program.
(C) Projects under chapter 2 of title 23.— 

(i) Regionally significant projects.— 
Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.
(ii) Other projects.— 
Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.
(D) Consistency with statewide transportation plan.— 
Each project shall be
(i) consistent with the statewide transportation plan developed under this section for the State;
(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and
(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under that Act.
(E) Requirement of anticipated full funding.— 
The transportation improvement 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.
(F) Financial plan.— 
The transportation improvement program may include a financial plan that demonstrates how the approved 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 transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.
(G) Selection of projects from illustrative list.— 

(i) No required selection.— 
Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).
(ii) Required action by the secretary.— 
Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.
(H) Priorities.— 
The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this chapter and title 23.
(5) Project selection for areas of less than 50,000 population.— 
Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title) by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.
(6) Transportation improvement program approval.— 
Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.
(7) Planning finding.— 
A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303.
(8) Modifications to project priority.— 
Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.
(h) Funding.— 
Funds set aside pursuant to section 5305 (g) of this title and section 104 (i) of title 23 shall be available to carry out this section.
(i) Treatment of Certain State Laws as Congestion Management Processes.— 
For purposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 5303, and sections 134 and 135 of title 23, as appropriate.
(j) Continuation of Current Review Practice.— 
Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act.

49 USC 5305 - Planning programs

(a) State Defined.— 
In this section, the term State means a State of the United States, the District of Columbia, and Puerto Rico.
(b) General Authority.— 

(1) Grants and agreements.— 
Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2) Eligible activities.— 
Activities eligible under paragraph (1) include the following:
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
(c) Purpose.— 
To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.
(d) Metropolitan Planning Program.— 

(1) Apportionment to states.— 

(A) In general.— 
The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that
(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to
(ii) the total population of urbanized areas in all States, as shown by that census.
(B) Minimum apportionment.— 
Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.
(2) Allocation to mpo’s.— 
Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;
(C) the State develops in cooperation with the metropolitan planning organizations; and
(D) the Secretary approves.
(3) Supplemental amounts.— 

(A) In general.— 
The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations.
(B) Formula.— 
The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas.
(e) State Planning and Research Program.— 

(1) Apportionment to states.— 

(A) In general.— 
The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and sections 5304, 5306, 5315, and 5322 in the ratio that
(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to
(ii) the population of urbanized areas in all States, as shown by that census.
(B) Minimum apportionment.— 
Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.
(2) Supplemental amounts.— 
A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d).
(f) Government’s Share of Costs.— 
The Governments share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match.
(g) Allocation of Funds.— 
Of the funds made available by or appropriated to carry out this section under section 5338 (c) for fiscal years 2005 through 2009
(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out subsection (e).
(h) Availability of Funds.— 
Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.

49 USC 5306 - Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations

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

49 USC 5307 - Urbanized area formula grants

(a) Definitions.— 
In this section, the following definitions apply:
(1) Associated capital maintenance items.— 
The term associated capital maintenance items means
(A) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
(B) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used.
(2) Designated recipient.— 
The term designated recipient means
(A) an entity designated, in accordance with the planning process under sections 5303, 5304, and 5306, by the chief executive officer of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 that are attributable to transportation management areas identified under section 5303; or
(B) a State or regional authority if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.
(b) General Authority.— 

(1) Grants.— 
The Secretary may make grants under this section for
(A) capital projects and associated capital maintenance items;
(B) planning;
(C) transit enhancements;
(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000;
(E) operating costs of equipment and facilities for use in public transportation in a portion or portions of an urbanized area with a population of at least 200,000, but not more than 225,000, if
(i) the urbanized area includes parts of more than one State;
(ii) the portion of the urbanized area includes only one State;
(iii) the population of the portion of the urbanized area is less than 30,000; and
(iv) the grants will not be used to provide public transportation outside of the portion of the urbanized area; and
(F) operating costs of equipment and facilities for use in public transportation for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area as a result of the 2000 decennial census of population, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.
(2) Special rule for fiscal years 2005 through 2007.— 

(A) Increased flexibility.— 
The Secretary may award grants under this section, from funds made available to carry out this section for each of the fiscal years 2005 through 2007, to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000, as determined by the 2000 decennial census of population, if
(i) the urbanized area had a population of less than 200,000, as determined by the 1990 decennial census of population;
(ii) a portion of the urbanized area was a separate urbanized area with a population of less than 200,000, as determined by the 1990 decennial census of population;
(iii) the area was not designated as an urbanized area, as determined by the 1990 decennial census of population; or
(iv) a portion of the area was not designated as an urbanized area, as determined by the 1990 decennial census, and received assistance under section 5311 in fiscal year 2002.
(B) Maximum amounts in fiscal year 2005.— 
In fiscal year 2005
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than the amount the portion of the area received under section 5311 for fiscal year 2002.
(C) Maximum amounts in fiscal year 2006.— 
In fiscal year 2006
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 for fiscal year 2002.
(D) Maximum amounts in fiscal year 2007.— 
In fiscal year 2007
(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 25 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;
(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 25 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and
(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 25 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.
(3) In a transportation management area designated under section 5305 (a) of this title,[1] amounts that cannot be used to pay operating expenses under this section also are available for a highway project if
(A) that use is approved, in writing, by the metropolitan planning organization under section 5303 of this title after appropriate notice and an opportunity for comment and appeal is provided to affected public transportation providers;
(B) the Secretary decides the amounts are not needed for investment required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
(C) the metropolitan planning organization in approving the use under subparagraph (A) determines that the local transit needs are being addressed.
(c) Public Participation Requirements.— 
Each recipient of a grant shall
(1) make available to the public information on amounts available to the recipient under this section and the program of projects the recipient proposes to undertake;
(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;
(3) publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;
(4) provide an opportunity for a public hearing in which to obtain the views of citizens on the proposed program of projects;
(5) ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;
(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
(7) make the final program of projects available to the public.
(d) Grant Recipient Requirements.— 
A recipient may receive a grant in a fiscal year only if
(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (c) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a chief executive officer of a State under this section)
(A) has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program;
(B) has or will have satisfactory continuing control over the use of equipment and facilities;
(C) will maintain equipment and facilities;
(D) will ensure that elderly and handicapped individuals, or an individual presenting a medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq., 1395 et seq.), will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section not more than 50 percent of the peak hour fare;
(E) in carrying out a procurement under this section
(i) will use competitive procurement (as defined or approved by the Secretary);
(ii) will not use a procurement that uses exclusionary or discriminatory specifications;
(iii) will comply with applicable Buy America laws in carrying out a procurement; and
(iv) will comply with sections 5323 and 5325;
(F) has complied with subsection (c) of this section;
(G) has available and will provide the required amounts as provided by subsection (e) of this section;
(H) will comply with section 5301 (a), section 5301(d), and sections 5303 through 5306;
(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation;
(J) 
(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least one percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or
(ii) has decided that the expenditure for security projects is not necessary; and
(K) in the case of a recipient for an urbanized area with a population of at least 200,000
(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for transit enhancements, as defined in section 5302 (a); and
(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and
(2) the Secretary accepts the certification.
(e) Government’s Share of Costs.— 

(1) Capital projects.— 
A grant for a capital project (including associated capital maintenance items) under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.
(2) Operating expenses.— 
A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project.
(3) Remaining costs.— 
Subject to paragraph (4), the remainder of the net project cost shall be provided
(A) in cash from non-Government sources other than revenues from providing public transportation services;
(B) from revenues derived from the sale of advertising and concessions;
(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; and
(D) from amounts received under a service agreement with a State or local social service agency or private social service organization.
(4) Use of certain funds.— 
The prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603 (a)(5)(C)(vii)) shall not apply to the remainder.
(f) Statewide Operating Assistance.— 

(1) A State authority that is a designated recipient and providing public transportation in at least 2 urbanized areas may apply for operating assistance in an amount not more than the amount for all urbanized areas in which it provides transportation.
(2) When approving an application under paragraph (1) of this subsection, the Secretary may not reduce the amount of operating assistance approved for another State or a local transportation authority within the affected urbanized areas.
(g) Undertaking Projects in Advance.— 

(1) When a recipient obligates all amounts apportioned to it under section 5336 of this title and then carries out a part of a project described in this section (except a project for operating expenses) without amounts of the Government and according to all applicable procedures and requirements (except to the extent the procedures and requirements limit a State to carrying out a project with amounts of the Government previously apportioned to it), the Secretary may pay to the recipient the Governments share of the cost of carrying out that part when additional amounts are apportioned to the recipient under section 5336 if
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section.
(2) The Secretary may approve an application under paragraph (1) of this subsection only if an authorization for this section is in effect for the fiscal year to which the application applies. The Secretary may not approve an application if the payment will be more than
(A) the recipients expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less
(B) the maximum amount of the apportionment that may be made available for projects for operating expenses under this section.
(3) The cost of carrying out that part of a project includes the amount of interest earned and payable on bonds issued by the recipient to the extent proceeds of the bonds are expended in carrying out the part. However, the amount of interest allowed under this paragraph may not be more than the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(h) Reviews, Audits, and Evaluations.— 

(1) 
(A) At least annually, the Secretary shall carry out, or require a recipient to have carried out independently, reviews and audits the Secretary considers appropriate to establish whether the recipient has carried out
(i) the activities proposed under subsection (d) of this section in a timely and effective way and can continue to do so; and
(ii) those activities and its certifications and has used amounts of the Government in the way required by law.
(B) An audit of the use of amounts of the Government shall comply with the auditing procedures of the Comptroller General.
(2) At least once every 3 years, the Secretary shall review and evaluate completely the performance of a recipient in carrying out the recipients program, specifically referring to compliance with statutory and administrative requirements and the extent to which actual program activities are consistent with the activities proposed under subsection (d) of this section and the planning process required under sections 5303–5306 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews.
(3) The Secretary may take appropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant.
(i) Procurement System Approval.— 
A recipient may request the Secretary to approve its procurement system. The Secretary shall approve the system for use for procurements financed under section 5336 of this title if, after consulting with the Administrator for Federal Procurement Policy, the Secretary decides the system provides for competitive procurement. Approval of a system under this subsection does not relieve a recipient of the duty to certify under subsection (d)(1)(E) of this section.
(j) Operating Ferries Outside Urbanized Areas.— 
A vessel used in ferryboat operations financed under section 5336 of this title that is part of a State-operated ferry system may be operated occasionally outside the urbanized area in which service is provided to accommodate periodic maintenance if existing ferry service is not reduced significantly by operating outside the area.
(k) Relationship to Other Laws.— 

(1) Applicable provisions.— 
Sections 5301, 5302, 5303, 5304, 5306, 5315 (c), 5318, 5319, 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333, and 5335 apply to this section and to any grant made under this section.
(2) Inapplicable provisions.— 

(A) In general.— 
Except as provided by this section, no other provision of this chapter applies to this section or to a grant made under this section.
(B) Title 5.— 
The provision of assistance under this chapter shall not be construed as bringing within the application of chapter 15 of title 5 any nonsupervisory employee of a public transportation system (or any other agency or entity performing related functions) to which such chapter is otherwise inapplicable.
(l) Treatment.— 
For the purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302.
[1] See References in Text note below.

49 USC 5308 - Clean fuels grant program

(a) Definitions.— 
In this section, the following definitions apply:
(1) Clean fuel bus.— 
The term clean fuel bus means a passenger vehicle used to provide public transportation that
(A) is powered by
(i) compressed natural gas;
(ii) liquefied natural gas;
(iii) biodiesel fuels;
(iv) batteries;
(v) alcohol-based fuels;
(vi) hybrid electric;
(vii) fuel cell;
(viii) clean diesel, to the extent allowed under this section; or
(ix) other low or zero emissions technology; and
(B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions.
(2) Eligible project.— 
The term eligible project
(A) means a project in a nonattainment or maintenance area described in paragraph (4)(A) for
(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure;
(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for such buses; or
(iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and
(B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies.
(3) Maintenance area.— 
The term maintenance area has the meaning such term has under section 101 of title 23.
(4) Recipient.— 

(A) In general.— 
The term recipient means a designated recipient (as defined in section 5307 (a)(2)) for an area that, and a recipient for an urbanized area with a population of less than 200,000 that
(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407 (d)); or
(ii) is a maintenance area for ozone or carbon monoxide.
(B) Smaller urbanized areas.— 
In the case of an urbanized area with a population of less than 200,000, the State in which the area is located shall act as the recipient for the area under this section.
(b) Authority.— 
The Secretary shall make grants in accordance with this section to recipients to finance eligible projects.
(c) Clean Diesel Buses.— 
Not more than 25 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses.
(d) Grant Requirements.— 

(1) In general.— 
A grant under this section shall be subject to the requirements of section 5307.
(2) Government’s share of costs for certain projects.— 
Section 5323 (i) applies to projects carried out under this section.
(e) Availability of Funds.— 
Any amount made available or appropriated under this section
(1) shall remain available to a project for 2 years after the fiscal year for which the amount is made available or appropriated; and
(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year.

49 USC 5309 - Capital investment grants

(a) Definitions.— 
In this section, the following definitions apply:
(1) Alternatives analysis.— 
The term alternatives analysis means a study conducted as part of the transportation planning process required under sections 5303 and 5304, which includes
(A) an assessment of a wide range of public transportation alternatives designed to address a transportation problem in a corridor or subarea;
(B) sufficient information to enable the Secretary to make the findings of project justification and local financial commitment required under this section;
(C) the selection of a locally preferred alternative; and
(D) the adoption of the locally preferred alternative as part of the long-range transportation plan required under section 5303.
(2) Major new fixed guideway capital project.— 
The term major new fixed guideway capital project means a new fixed guideway capital project for which the Federal assistance provided or to be provided under this section is $75,000,000 or more.
(3) New fixed guideway capital project.— 
The term new fixed guideway capital project means a minimum operable segment of a capital project for a new fixed guideway system or extension to an existing fixed guideway system.
(b) General Authority.— 
The Secretary may make grants under this section to assist State and local governmental authorities in financing
(1) new fixed guideway capital projects under subsections (d) and (e), including the acquisition of real property, the initial acquisition of rolling stock for the systems, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary engineering;
(2) capital projects to modernize existing fixed guideway systems;
(3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private nonprofit organizations; and
(4) the development of corridors to support new fixed guideway capital projects under subsections (d) and (e), including protecting rights-of-way through acquisition, construction of dedicated bus and high occupancy vehicle lanes and park and ride lots, and other nonvehicular capital improvements that the Secretary may decide would result in increased public transportation usage in the corridor.
(c) Grant Requirements.— 

(1) In general.— 
The Secretary may not approve a grant for a project under this section unless the Secretary determines that
(A) the project is part of an approved transportation plan and program of projects required under sections 5303, 5304, and 5306; and
(B) the applicant has, or will have
(i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project;
(ii) satisfactory continuing control over the use of the equipment or facilities; and
(iii) the capability and willingness to maintain the equipment or facilities.
(2) Certification.— 
An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307 (d)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection.
(3) Grantee requirements.— 
The Secretary shall require that any grant awarded under this section to a recipient be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under this section.
(d) Major Capital Investment Grants of $75,000,000 or More.
(1) Full funding grant agreement.— 

(A) In general.— 
A major new fixed guideway capital project shall be carried out through a full funding grant agreement.
(B) Criteria.— 
The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under this subsection, with each grantee receiving assistance for a major new fixed guideway capital project that
(i) is authorized for final design and construction; and
(ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B).
(2) Approval of grants.— 
The Secretary may approve a grant under this section for a major new fixed guideway capital project only if the Secretary, based upon evaluations and considerations set forth in paragraph (3), determines that the project is
(A) based on the results of an alternatives analysis and preliminary engineering;
(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; and
(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(3) Evaluation of project justification.— 
In making the determinations under paragraph (2)(B) for a major capital investment grant, the Secretary shall analyze, evaluate, and consider
(A) the results of the alternatives analysis and preliminary engineering for the proposed project;
(B) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(C) the direct and indirect costs of relevant alternatives;
(D) factors such as
(i) congestion relief;
(ii) improved mobility;
(iii) air pollution;
(iv) noise pollution;
(v) energy consumption; and
(vi) all associated ancillary and mitigation costs necessary to carry out each alternative analyzed;
(E) reductions in local infrastructure costs and other benefits achieved through compact land use development, such as positive impacts on the capacity, utilization, or longevity of other surface transportation assets and facilities;
(F) the cost of suburban sprawl;
(G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development;
(H) population density and current transit ridership in the transportation corridor;
(I) the technical capability of the grant recipient to construct the project;
(J) any adjustment to the project justification necessary to reflect differences in local land, construction, and operating costs; and
(K) other factors that the Secretary determines to be appropriate to carry out this subsection.
(4) Evaluation of local financial commitment.— 

(A) In general.— 
In evaluating a project under paragraph (2)(C), the Secretary shall require that
(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases;
(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
(iii) local resources are available to recapitalize and operate the overall proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(B) Evaluation criteria.— 
In assessing the stability, reliability, and availability of proposed sources of local financing under paragraph (2)(C), the Secretary shall consider
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(ii) existing grant commitments;
(iii) the degree to which financing sources are dedicated to the proposed purposes;
(iv) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and
(v) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project.
(C) Consideration of fiscal capacity of state and local governments.— 
If the Secretary gives priority to financing projects under this subsection that include more than the non-Federal share required under subsection (h), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments.
(5) Project advancement and ratings.— 

(A) Project advancement.— 
A proposed project under this subsection shall not advance from alternatives analysis to preliminary engineering or from preliminary engineering to final design and construction unless the Secretary determines that the project meets the requirements of this section and there is a reasonable likelihood that the project will continue to meet such requirements.
(B) Ratings.— 
In making a determination under subparagraph (A), the Secretary shall evaluate and rate the project on a 5-point scale (high, medium-high, medium, medium-low, or low) based on the results of the alternatives analysis, the project justification criteria, and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by regulation.
(6) Policy guidance.— 

(A) Publication.— 
The Secretary shall publish policy guidance regarding the new fixed guideway capital project review and evaluation process and criteria
(i) not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005; and
(ii) each time significant changes are made by the Secretary to the process and criteria, but not less frequently than once every 2 years.
(B) Public comment and response.— 
The Secretary shall
(i) invite public comment to the policy guidance published under subparagraph (A); and
(ii) publish a response to the comments received under clause (i).
(e) Capital Investment Grants Less Than $75,000,000.
(1) In general.— 

(A) Applicability of requirements.— 
Except as provided by subparagraph (B), a new fixed guideway capital project shall be subject to the requirements of this subsection if the Federal assistance provided or to be provided under this section for the project is less than $75,000,000 and the total estimated net capital cost of the project is less than $250,000,000.
(B) Projects receiving less than $25,000,000 in federal assistance.If the assistance provided under this section with respect to a new fixed guideway capital project is less than $25,000,000, the requirements of this subsection shall not apply to the project until such date as the final regulation to be issued under paragraph (9) takes effect.
(2) Selection criteria.— 
The Secretary may provide Federal assistance under this subsection with respect to a proposed project only if the Secretary finds that the project is
(A) based on the results of planning and alternatives analysis;
(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and
(C) supported by an acceptable degree of local financial commitment.
(3) Planning and alternatives.— 
In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of planning and alternatives analysis for the project.
(4) Project justification.— 
For purposes of making the finding under paragraph (2)(B), the Secretary shall
(A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals;
(B) determine the cost effectiveness of the project at the time of the initiation of revenue service;
(C) determine the degree to which the project will have a positive effect on local economic development;
(D) consider the reliability of the forecasting methods used to estimate costs and ridership associated with the project; and
(E) consider other factors that the Secretary determines appropriate to carry out this subsection.
(5) Local financial commitment.— 

(A) In general.— 
For purposes of paragraph (2)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable.
(B) Consideration of fiscal capacity of state and local governments.— 
If the Secretary gives priority to financing projects under this subsection that include more than the non-Federal share required under subsection (h), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments.
(6) Advancement of project to development and construction.— 

(A) General rule.— 
A proposed project under this subsection may advance from planning and alternatives analysis to project development and construction only if the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements.
(B) Evaluation.— 
In making the findings under subparagraph (A), the Secretary shall evaluate and rate the project as high, medium-high, medium, medium-low, or low based on the results of the analysis of the project justification criteria and the degree of local financial commitment, as required by this subsection.
(7) Contents of project construction grant agreement.— 
A project construction grant agreement under this subsection shall specify the scope of the project to be constructed, the estimated net project cost of the project, the schedule under which the project shall be constructed, the maximum amount of funding to be obtained under this subsection, the proposed schedule for obligation of future Federal grants, and the sources of funding from other than the Government. The agreement may include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.
(8) Limitation on entry into construction grant agreement.— 
The Secretary may enter into a project construction grant agreement for a project under this subsection only if the project is authorized for construction and has been rated as high, medium-high, or medium under this subsection.
(9) Regulations.— 
Not later than 240 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall issue regulations establishing an evaluation and rating process for proposed projects under this subsection that is based on the results of project justification and local financial commitment, as required under this subsection.
(10) Fixed guideway capital project.— 
In this subsection, the term fixed guideway capital project includes a corridor-based bus capital project if
(A) a substantial portion of the project operates in a separate right-of-way dedicated for public transit use during peak hour operations; or
(B) the project represents a substantial investment in a defined corridor as demonstrated by features such as park-and-ride lots, transit stations, bus arrival and departure signage, intelligent transportation systems technology, traffic signal priority, off-board fare collection, advanced bus technology, and other features that support the long-term corridor investment.
(11) Impact report.— 

(A) In general.— 
Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005, the Federal Transit Administration shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the methodology to be used in evaluating the land use and economic development impacts of non-fixed guideway or partial fixed guideway projects.
(B) Contents.— 
The report submitted under subparagraph (A) shall address any qualitative and quantitative differences between fixed guideway and non-fixed guideway projects with respect to land use and economic development impacts.
(f) Previously Issued Letter of Intent or Full Funding Grant Agreement.— 
Subsections (d) and (e) do not apply to projects for which the Secretary has issued a letter of intent or entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005. Subsection (e) also does not apply to projects for which the Secretary has received an application for final design before such date of enactment.
(g) Letters of Intent, Full Funding Grant Agreements, and Early Systems Work Agreements.— 

(1) Letters of intent.— 

(A) Amounts intended to be obligated.— 
The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for fixed guideway projects, the amount shall be sufficient to complete at least an operable segment.
(B) Treatment.— 
The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 1108 (c), 1108 (d), 1501, and 1502 (a) of title 31 or an administrative commitment.
(2) Full funding grant agreements.— 

(A) Terms.— 
The Secretary may make a full funding grant agreement with an applicant. The agreement shall
(i) establish the terms of participation by the Government in a project under this section;
(ii) establish the maximum amount of Government financial assistance for the project;
(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and
(iv) make timely and efficient management of the project easier according to the law of the United States.
(B) Special financial rules.— 

(i) In general.— 
A full funding grant agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.
(ii) Statement of contingent commitment.— 
The agreement shall state that the contingent commitment is not an obligation of the Government.
(iii) Interest and other financing costs.— 
Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(iv) Completion of operable segment.— 
The amount stipulated in an agreement under this paragraph for a fixed guideway project shall be sufficient to complete at least an operable segment.
(C) Before and after study.— 

(i) In general.— 
A full funding grant agreement under this paragraph shall require the applicant to conduct a study that
(I) describes and analyzes the impacts of the new fixed guideway capital project on transit services and transit ridership;
(II) evaluates the consistency of predicted and actual project characteristics and performance; and
(III) identifies sources of differences between predicted and actual outcomes.
(ii) Information collection and analysis plan.— 

(I) Submission of plan.— 
Applicants seeking an agreement under this paragraph shall submit a complete plan for the collection and analysis of information to identify the impacts of the new fixed guideway capital project and the accuracy of the forecasts prepared during the development of the project. Preparation of this plan shall be included in the full funding grant agreement as an eligible activity.
(II) Contents of plan.— 
The plan submitted under subclause (I) shall provide for
(aa) the collection of data on the current transit system regarding transit service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;
(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;
(cc) collection of data on the transit system 2 years after the opening of the new fixed guideway capital project, including analogous information on transit service levels and ridership patterns and information on the as-built scope and capital costs of the project; and
(dd) analysis of the consistency of predicted project characteristics with the after data.
(D) Collection of data on current system.— 
To be eligible for a full funding grant agreement under this paragraph, recipients shall have collected data on the current system, according to the plan required, before the beginning of construction of the proposed new start project. Collection of this data shall be included in the full funding grant agreement as an eligible activity.
(3) Early system work agreements.— 

(A) Conditions.— 
The Secretary may make an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe
(i) a full funding grant agreement for the project will be made; and
(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.
(B) Contents.— 

(i) In general.— 
A work agreement under this paragraph obligates an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long-term project management easier.
(ii) Period covered.— 
A work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization.
(iii) Interest and other financing costs.— 
Interest and other financing costs of efficiently carrying out the work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.
(iv) Failure to carry out project.— 
If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Government payments made under the work agreement plus reasonable interest and penalty charges the Secretary establishes in the agreement.
(4) Limitation on amounts.— 

(A) Major capital investment grants contingent commitment authority.— 
The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements under this subsection for major new fixed guideway capital projects may be not more than the greater of the amount authorized under sections 5338 (a)(3) and 5338 (c) for such projects or an amount equivalent to the last 3 fiscal years of funding allocated under subsections (m)(1)(A) and (m)(2)(A)(ii) for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by a letter or agreement. The total amount covered by new letters and contingent commitments included in full funding grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law.
(B) Other contingent commitment authority.— 
The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all project construction grant agreements and early system work agreements under this subsection for small capital projects described in subsection (e) may be not more than the greater of the amount allocated under subsection (m)(2)(A)(i) for such projects or an amount equivalent to the last fiscal year of funding allocated under such subsection for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by an agreement. The total amount covered by new contingent commitments included in project construction grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law.
(C) Inclusion of certain commitments.— 
Future obligations of the Government and contingent commitments made against the contingent commitment authority under section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (106 Stat. 2125)[1] for the San Francisco BART to the Airport project for fiscal years 2002, 2003, 2004, 2005, and 2006 shall be charged against section 3032(g)(2) of that Act.
(D) Appropriation required.— 
An obligation may be made under this subsection only when amounts are appropriated for the obligation.
(5) Notification of congress.— 
At least 60 days before issuing a letter of intent or entering into a full funding grant agreement or project construction grant agreement under this section, the Secretary shall notify, in writing, the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.
(h) Government’s Share of Net Project Cost.— 

(1) In general.— 
Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. A grant for the project shall be for 80 percent of the net capital project cost, unless the grant recipient requests a lower grant percentage.
(2) Adjustment for completion under budget.— 
The Secretary may adjust the final net project cost of a new fixed guideway capital project evaluated under subsections (d) and (e) to include the cost of eligible activities not included in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is significantly below the original estimate.
(3) Maximum government share.— 
The Secretary may provide a higher grant percentage than requested by the grant recipient if
(A) the Secretary determines that the net project cost of the project is not more than 10 percent higher than the net project cost estimated at the time the project was approved for advancement into preliminary engineering; and
(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into preliminary engineering.
(4) Remainder of net project cost.— 
The remainder of net project costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
(5) Limitation on statutory construction.— 
Nothing in this section, including paragraph (1) and subsections (d)(4)(B)(v) and (e)(5), shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost.
(6) Special rule for rolling stock costs.— 
In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time.
(7) Limitation on applicability.— 
This subsection does not apply to projects for which the Secretary has entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005.
(i) Undertaking Projects in Advance.— 

(1) In general.— 
The Secretary may pay the Governments share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements if
(A) the State or local governmental authority applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
(2) Financing costs.— 

(A) In general.— 
The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part.
(B) Limitation on amount of interest.— 
The amount of interest under this paragraph may not be more than the most favorable interest terms reasonably available for the project at the time of borrowing.
(C) Certification.— 
The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financial terms.
(j) Availability of Amounts.— 

(1) In general.— 
An amount made available or appropriated under section 5338 (a)(3)(C)(iii), 5338 (a)(3)(C)(iv), 5338 (b)(2)(E), or 5338 (c) for replacement, rehabilitation, and purchase of buses and related equipment and construction of bus-related facilities or for new fixed guideway capital projects shall remain available for 3 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 3-fiscal-year period may be used by the Secretary for any purpose under this section.
(2) Use of deobligated amounts.— 
An amount available under this section that is deobligated may be used for any purpose under this section.
(k) Reports on New Starts.— 

(1) Annual report on funding recommendations.— 
Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate a report that includes
(A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts;
(B) evaluations and ratings, as required under subsections (d) and (e), for each such project that is authorized by the Federal Public Transportation Act of 2005; and
(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(2) Annual gao review.— 
The Comptroller General shall
(A) conduct an annual review of
(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and
(ii) the Secretarys implementation of such processes and procedures; and
(B) report to Congress on the results of such review by May 31 of each year.
(l) Other Reports.— 

(1) Before and after study reports.— 
Not later than the first Monday of August of each year, the Secretary shall submit to the committees referred to in subsection (k)(1) a report containing a summary of the results of the studies conducted under subsection (g)(2)(C).
(2) Contractor performance assessment report.— 

(A) In general.— 
Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, and each year thereafter, the Secretary shall submit to the committees referred to in subsection (k)(1) a report analyzing the consistency and accuracy of cost and ridership estimates made by each contractor to public transportation agencies developing new fixed guideway capital projects.
(B) Contents.— 
The report submitted under subparagraph (A) shall compare the cost and ridership estimates made at the time projects are approved for entrance into preliminary engineering with
(i) estimates made at the time projects are approved for entrance into final design;
(ii) costs and ridership when the project commences revenue operation; and
(iii) costs and ridership when the project has been in operation for 2 years.
(C) Considerations.— 
In making comparisons under subparagraph (B), the Secretary shall consider factors having an impact on costs and ridership not under the control of the contractor. The Secretary shall also consider the role taken by each contractor in the development of the project.
(3) Contractor performance incentive report.— 
Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit to the committees referred to in subsection (k)(1) a report on the suitability of allowing contractors to public transportation agencies that undertake new fixed guideway capital projects under this section to receive performance incentive awards if a project is completed for less than the original estimated cost.
(m) Allocating Amounts.— 

(1) Fiscal year 2005.— 
Of the amounts made available or appropriated for fiscal year 2005 under section 5338 (a)(3)
(A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d);
(B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and
(C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities.
(2) Fiscal years 2006 through 2009.— 
The amounts made available or appropriated for fiscal years 2006 through 2009 under sections 5338 (b) and 5338 (c) shall be allocated as follows:
(A) Major capital investment grants.— 
Of the amounts appropriated under section 5338 (c)
(i) $200,000,000 for each of fiscal years 2007 through 2009 shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and
(ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d).
(B) Fixed guideway modernization.— 
The amounts made available under section 5338 (b)(2)(D) shall be allocated for capital projects for fixed guideway modernization.
(C) Buses and bus-related equipment and facilities.— 
The amounts made available under section 5338 (b)(2)(E) shall be allocated for capital projects for buses and bus-related equipment and facilities.
(3) Fixed guideway modernization.— 
The amounts made available for fixed guideway modernization under section 5338 (b)(2)(D) for fiscal year 2006 and each fiscal year thereafter shall be allocated in accordance with section 5337.
(4) Preliminary engineering and alternatives analysis.— 
Not more that 8 percent of the allocation described in paragraph (1)(A) may be expended on alternatives analysis and preliminary engineering.
(5) Preliminary engineering.— 
Not more than 8 percent of the allocation described in paragraph (2)(A) may be expended on preliminary engineering.
(6) Funding for ferry boats.— 
Of the amounts described in paragraphs (1)(A) and (2)(A)
(A) $10,400,000 shall be available in fiscal year 2005 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals;
(B) $15,000,000 shall be available in each of fiscal years 2006 through 2009 for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and
(C) $5,000,000 shall be available for each of fiscal years 2006 though 2009 for payments to the Denali Commission under the terms of section 307(e) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note ) for docks, waterfront development projects, and related transportation infrastructure.
(7) Bus and bus facility grants.— 
The amounts made available under paragraphs (1)(C) and (2)(C) shall be allocated as follows:
(A) Ferry boat systems.— 
$10,000,000 shall be available in each of fiscal years 2006 through 2009 for ferry boats or ferry terminal facilities. Of such funds, the following amounts shall be set aside for each fiscal year:
(i) $2,500,000 for the San Francisco Water Transit Authority.
(ii) $2,500,000 for the Massachusetts Bay Transportation Authority Ferry System.
(iii) $1,000,000 for the Camden, New Jersey Ferry System.
(iv) $1,000,000 for the Governors Island, New York Ferry System[2]
(v) $1,000,000 for the Philadelphia Penns Landing Ferry Terminal.
(vi) $1,000,000 for the Staten Island Ferry.
(vii) $650,000 for the Maine State Ferry Service, Rockland.
(viii) $350,000 for the Swans Island, Maine Ferry Service.
(B) Fuel cell bus program.— 
The following amounts shall be set aside for the national fuel cell bus technology development program under section 3039 of the Federal Public Transportation Act of 2005:[1]
(i) $11,250,000 for fiscal year 2006.
(ii) $11,500,000 for fiscal year 2007.
(iii) $12,750,000 for fiscal year 2008.
(iv) $13,500,000 for fiscal year 2009.
(C) Projects not in urbanized areas.— 
Not less than 5.5 percent shall be available in each fiscal year for projects that are not in urbanized areas.
(D) Intermodal terminals.— 
Not less than $35,000,000 shall be available in each fiscal year for intermodal terminal projects, including the intercity bus portion of such projects.
(E) Bus testing.— 
$3,000,000 shall be available in each fiscal year for bus testing under section 5318.
(8) Bus and bus facility grant considerations.— 
In making grants under paragraphs (1)(C) and (2)(C), the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities.
[1] See References in text note below.
[2] So in original. Probably should be followed by a period.

49 USC 5310 - Formula grants for special needs of elderly individuals and individuals with disabilities

(a) General Authority.— 

(1) Grants.— 
The Secretary may make grants to States and local governmental authorities under this section for public transportation capital projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities.
(2) Subrecipients.— 
A State that receives a grant under this section may allocate the amounts provided under the grant to
(A) a private nonprofit organization, if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or
(B) a governmental authority that
(i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or
(ii) certifies that there are not any nonprofit organizations readily available in the area to provide the services described under paragraph (1).
(3) Acquiring public transportation services.— 
A public transportation capital project under this section may include acquisition of public transportation services as an eligible capital expense.
(4) Administrative expenses.— 
A State or local governmental authority may use not more than 10 percent of the amounts apportioned to the State under this section to administer, plan, and provide technical assistance for a project funded under this section.
(b) Apportionment and Transfers.— 

(1) Formula.— 
The Secretary shall apportion amounts made available to carry out this section under a formula the Secretary administers that considers the number of elderly individuals and individuals with disabilities in each State.
(2) Transfer of funds.— 
Any funds apportioned to a State under paragraph (1) may be transferred by the State to the apportionments made under sections 5311 (c) and 5336 if such funds are only used for eligible projects selected under this section.
(c) Government’s Share of Costs.— 

(1) Capital projects.— 

(A) In general.— 
A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project, as determined by the Secretary.
(B) Exception.— 
A State described in section 120 (b) of title 23 shall receive an increased Government share in accordance with the formula under that section.
(2) Remainder.— 
The remainder of the net project costs
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.
(3) Use of certain funds.— 
For purposes of paragraph (2)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603 (a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.
(d) Grant Requirements.— 

(1) In general.— 
A grant under this section shall be subject to all requirements of a grant under section 5307 to the extent the Secretary determines appropriate.
(2) Certification requirements.— 

(A) Fund transfers.— 
A grant recipient under this section that transfers funds to a project funded under section 5336 in accordance with subsection (b)(2) shall certify that the project for which the funds are requested has been coordinated with private nonprofit providers of services under this section.
(B) Project selection and plan development.— 
Beginning in fiscal year 2007, each grant recipient under this section shall certify that
(i) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(ii) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(C) Allocations to subrecipients.— 
Each grant recipient under this section shall certify that allocations of the grant to subrecipients, if any, are distributed on a fair and equitable basis.
(e) State Program of Projects.— 

(1) In general.— 
Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for elderly individuals and individuals with disabilities that are included in a State program of projects.
(2) Submission and approval.— 
A State shall submit to the Secretary annually for approval a program of projects. The program 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 Government sources.
(f) Leasing Vehicles.— 
Vehicles acquired under this section may be leased to local governmental authorities to improve transportation services designed to meet the special needs of elderly individuals and individuals with disabilities.
(g) Meal Delivery for Homebound Individuals.— 
Public transportation service providers receiving assistance under this section or section 5311 (c) may coordinate and assist in regularly providing meal delivery service for homebound individuals if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers.
(h) Transfers of Facilities and Equipment.— 
With the consent of the recipient in possession of a facility or equipment acquired with a grant under this section, a State may transfer the facility or equipment to any recipient eligible to receive assistance under this chapter if the facility or equipment will continue to be used as required under this section.

49 USC 5311 - Formula grants for other than urbanized areas

(a) Definitions.— 
As used in this section, the following definitions shall apply:
(1) Recipient.— 
The term recipient means a State or Indian tribe that receives a Federal transit program grant directly from the Federal Government.
(2) Subrecipient.— 
The term subrecipient means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient.
(b) General Authority.— 

(1) Grants authorized.— 
Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in areas other than urbanized areas for
(A) public transportation capital projects;
(B) operating costs of equipment and facilities for use in public transportation; and
(C) the acquisition of public transportation services, including service agreements with private providers of public transportation services.
(2) State program.— 

(A) In general.— 
A project eligible for a grant under this section shall be included in a State program for public transportation service projects, including agreements with private providers of public transportation service.
(B) Submission to secretary.— 
Each State shall submit to the Secretary annually the program described in subparagraph (A).
(C) Approval.— 
The Secretary may not approve the program unless the Secretary determines that
(i) the program provides a fair distribution of amounts in the State, including Indian reservations; and
(ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.
(3) Rural transportation assistance program.— 

(A) In general.— 
The Secretary shall carry out a rural transportation assistance program in other than urbanized areas.
(B) Grants and contracts.— 
In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available to carry out this section to make grants and contracts for transportation research, technical assistance, training, and related support services in other than urbanized areas.
(C) Projects of a national scope.— 
Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out projects of a national scope, with the remaining balance provided to the States.
(4) Data collection.— 
Each recipient under this section shall submit an annual report to the Secretary containing information on capital investment, operations, and service provided with funds received under this section, including
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related facilities;
(F) revenue vehicle miles; and
(G) ridership.
(c) Apportionments.— 

(1) Public transportation on indian reservations.— 
Of the amounts made available or appropriated for each fiscal year pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338, the following amounts shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary:
(A) $8,000,000 for fiscal year 2006.
(B) $10,000,000 for fiscal year 2007.
(C) $12,000,000 for fiscal year 2008.
(D) $15,000,000 for fiscal year 2009.
(2) Remaining amounts.— 
Of the amounts made available or appropriated for each fiscal year pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338 that are not apportioned under paragraph (1)
(A) 20 percent shall be apportioned to the States in accordance with paragraph (3); and
(B) 80 percent shall be apportioned to the States in accordance with paragraph (4).
(3) Apportionments based on land area in nonurbanized areas.— 

(A) In general.— 
Subject to subparagraph (B), each State shall receive an amount that is equal to the amount apportioned under paragraph (2)(A) multiplied by the ratio of the land area in areas other than urbanized areas in that State and divided by the land area in all areas other than urbanized areas in the United States, as shown by the most recent decennial census of population.
(B) Maximum apportionment.— 
No State shall receive more than 5 percent of the amount apportioned under this paragraph.
(4) Apportionments based on population in nonurbanized areas.— 
Each State shall receive an amount equal to the amount apportioned under paragraph (2)(B) multiplied by the ratio of the population of areas other than urbanized areas in that State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent decennial census of population.
(d) Use for Local Transportation Service.— 
A State may use an amount apportioned under this section for a project included in a program under subsection (b) of this section and eligible for assistance under this chapter if the project will provide local transportation service, as defined by the Secretary of Transportation, in an area other than an urbanized area.
(e) Use for Administration, Planning, and Technical Assistance.— 
The Secretary of Transportation may allow a State to use not more than 15 percent of the amount apportioned under this section to administer this section and provide technical assistance to a subrecipient, including project planning, program and management development, coordination of public transportation programs, and research the State considers appropriate to promote effective delivery of public transportation to an area other than an urbanized area.
(f) Intercity Bus Transportation.— 

(1) In general.— 
A State shall expend at least 15 percent of the amount made available in each fiscal year to carry out a program to develop and support intercity bus transportation. Eligible activities under the program include
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus shelters;
(C) joint-use stops and depots;
(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small public transportation operations and intercity bus carriers.
(2) Certification.— 
A State does not have to comply with paragraph (1) of this subsection in a fiscal year in which the chief executive officer of the State certifies to the Secretary, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately.
(g) Government Share of Costs.— 

(1) Capital projects.— 

(A) In general.— 
Except as provided by subparagraph (B), a grant awarded under this section for any purpose other than operating assistance shall be for 80 percent of the net capital costs of the project, as determined by the Secretary.
(B) Exception.— 
A State described in section 120 (b) of title 23 shall receive a Government share of the net capital costs in accordance with the formula under that section.
(2) Operating assistance.— 

(A) In general.— 
Except as provided by subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.
(B) Exception.— 
A State described in section 120 (b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B).
(3) Remainder.— 
The remainder of net project costs
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.
(4) Use of certain funds.— 
For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603 (a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.
(5) Limitation on operating assistance.— 
A State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.
(h) Transfer of Facilities and Equipment.— 
With the consent of the recipient currently having a facility or equipment acquired with assistance under this section, a State may transfer the facility or equipment to any recipient eligible to receive assistance under this chapter if the facility or equipment will continue to be used as required under this section.
(i) Relationship to Other Laws.— 

(1) Sections 5323 (a)(1)(D)1 and 5333 (b) of this title apply to this section if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees.
(2) This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.
[1] See References in Text note below.

49 USC 5312 - Research, development, demonstration, and deployment projects

(a) Research, Development, Demonstration, and Deployment Projects.— 

(1) In general.— 
The Secretary may make grants, contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the United States Government) for research, development, demonstration, and deployment projects, and evaluation of technology of national significance to public transportation, that the Secretary determines will improve public transportation service or help public transportation service meet the total transportation needs at a minimum cost.
(2) Information.— 
The Secretary may request and receive appropriate information from any source.
(3) Savings provision.— 
This subsection does not limit the authority of the Secretary under any other law.
(b) Joint Partnership Program for Deployment of Innovation.— 

(1) Definition of consortium.— 
In this subsection, the term consortium
(A) means 1 or more public or private organizations located in the United States that provide public transportation service to the public and 1 or more businesses, including small- and medium-sized businesses, incorporated in a State, offering goods or services or willing to offer goods and services to public transportation operators; and
(B) may include, as additional members, public or private research organizations located in the United States, or State or local governmental authorities.
(2) General authority.— 
The Secretary may, under terms and conditions that the Secretary prescribes, enter into grants, contracts, cooperative agreements, and other agreements with consortia selected in accordance with paragraph (4), to promote the early deployment of innovation in public transportation services, management, operational practices, or technology that has broad applicability. This paragraph shall be carried out in consultation with the transit industry by competitively selected consortia that will share costs, risks, and rewards of early deployment of innovation.
(3) Consortium contribution.— 
A consortium assisted under this subsection shall provide not less than 50 percent of the costs of any joint partnership project. Any business, organization, person, or governmental body may contribute funds to a joint partnership project.
(4) Notice requirement.— 
The Secretary shall periodically give public notice of the technical areas for which joint partnerships are solicited, required qualifications of consortia desiring to participate, the method of selection and evaluation criteria to be used in selecting participating consortia and projects, and the process by which innovation projects described in paragraph (1) will be awarded.
(5) Use of revenues.— 
The Secretary shall accept, to the maximum extent practicable, a portion of the revenues resulting from sales of an innovation project funded under this section. Such revenues shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and shall be available to the Secretary for activities under this subsection. Annual revenues that are less than $1,000,000 shall be available for obligation without further appropriation and shall not be subject to any obligation limitation.
(c) International Mass 1 Transportation Program.— 

(1) Activities.— 
The Secretary is authorized to engage in activities to inform the United States domestic public transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of public transportation products and services. Such activities may include
(A) development, monitoring, assessment, and dissemination domestically of information about worldwide public transportation market opportunities;
(B) cooperation with foreign public sector entities in research, development, demonstration, training, and other forms of technology transfer and exchange of experts and information;
(C) advocacy, in international public transportation markets, of firms, products, and services available from the United States;
(D) informing the international market about the technical quality of public transportation products and services through participation in seminars, expositions, and similar activities; and
(E) offering those Federal Transit Administration technical services which cannot be readily obtained from the United States private sector to foreign public authorities planning or undertaking public transportation projects if the cost of these services will be recovered under the terms of each project.
(2) Cooperation.— 
The Secretary may carry out activities under this subsection in cooperation with other Federal agencies, State or local agencies, public or private nonprofit institutions, government laboratories, foreign governments, or any other organization the Secretary determines is appropriate.
(3) Funding.— 
The funds available to carry out this subsection shall include revenues paid to the Secretary by any cooperating organization or person. Such revenues shall be available to the Secretary to carry out activities under this subsection, including promotional materials, travel, reception, and representation expenses necessary to carry out such activities. Annual revenues that are less than $1,000,000 shall be available for obligation without further appropriation and shall not be subject to any obligation limitation. Not later than January 1 of each fiscal year, the Secretary shall publish a report on the activities under this paragraph funded from the account.
[1] So in original. Probably should be “Public”.

49 USC 5313 - Transit cooperative research program

(a) Cooperative Research Program.— 
The amounts made available under subsections (a)(5)(C)(iii) and (d)(1) of section 5338 are available for a public transportation cooperative research program. The Secretary of Transportation shall establish an independent governing board for the program. The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate.
(b) Federal Assistance.— 
The Secretary may make grants to, and cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary decides are appropriate.
(c) Government’s Share.— 
If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this section, the Secretary shall establish a Government share consistent with that benefit.

49 USC 5314 - National research programs

(a) Program.— 

(1) The amounts made available under section 5338 (d) are available to the Secretary of Transportation for grants, contracts, cooperative agreements, or other agreements for the purposes of sections 5312, 5315, and 5322 of this title, as the Secretary considers appropriate.
(2) The Secretary shall provide public transportation-related technical assistance, demonstration programs, research, public education, and other activities the Secretary considers appropriate to help public transportation providers comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the extent practicable, the Secretary shall carry out this paragraph through a contract with a national nonprofit organization serving individuals with disabilities that has a demonstrated capacity to carry out the activities.
(3) Not more than 25 percent of the amounts available under paragraph (1) of this subsection is available to the Secretary for special demonstration initiatives, subject to terms the Secretary considers consistent with this chapter, except that section 5323 (a)(1)(D)1 of this title applies to an operational grant financed in carrying out section 5312 (a) of this title. For a nonrenewable grant of not more than $100,000, the Secretary shall provide expedited procedures on complying with the requirements of this chapter.
(4) 
(A) The Secretary may undertake a program of public transportation technology development in coordination with affected entities.
(B) The Secretary shall develop guidelines for cost sharing in technology development projects financed under this paragraph. The guidelines shall be flexible and reflect the extent of technical risk, market risk, and anticipated supplier benefits and payback periods.
(5) The Secretary may use amounts appropriated under this subsection to supplement amounts available under section 5313 (a) of this title, as the Secretary considers appropriate.
(6) Medical transportation demonstration grants.— 

(A) Grants authorized.— 
The Secretary may award demonstration grants, from funds made available under paragraph (1), to eligible entities to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease.
(B) Eligible entities.— 
An entity shall be eligible to receive a grant under this paragraph if the entity
(i) meets the conditions described in section 501(c)(3) of the Internal Revenue Code of 1986; or
(ii) is an agency of a State or unit of local government.
(C) Use of funds.— 
Grant funds received under this paragraph may be used to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease.
(D) Application.— 

(i) In general.— 
Each eligible entity desiring a grant under this paragraph shall submit an application to the Secretary at such time, at such place, and containing such information as the Secretary may reasonably require.
(ii) Selection of grantees.— 
In awarding grants under this paragraph, the Secretary shall give preference to eligible entities from communities with
(I) high incidence of renal disease; and
(II) limited access to dialysis facilities.
(E) Rulemaking.— 
The Secretary shall issue regulations to implement and administer the grant program established under this paragraph.
(F) Report.— 
The Secretary shall submit a report on the results of the demonstration projects funded under this paragraph to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Government’s Share.— 
When there would be a clear and direct financial benefit to an entity under a grant, contract, cooperative agreement, or other agreement under subsection (a) or section 5312, the Secretary shall establish a United States Government share consistent with the benefit.
(c) National Technical Assistance Center for Senior Transportation.— 

(1) Establishment.— 
The Secretary shall award grants to a national not-for-profit organization for the establishment and maintenance of a national technical assistance center.
(2) Eligibility.— 
An organization shall be eligible to receive a grant under paragraph (1) if the organization
(A) focuses significantly on serving the needs of the elderly;
(B) has demonstrated knowledge and expertise in senior transportation policy and planning issues;
(C) has affiliates in a majority of the States;
(D) has the capacity to convene local groups to consult on operation and development of senior transportation programs; and
(E) has established close working relationships with the Federal Transit Administration and the Administration on Aging.
(3) Use of funds.— 
The national technical assistance center established under this section shall
(A) gather best practices from throughout the Nation and provide such practices to local communities that are implementing senior transportation programs;
(B) work with teams from local communities to identify how the communities are successfully meeting the transportation needs of senior citizens and any gaps in services in order to create a plan for an integrated senior transportation program;
(C) provide resources on ways to pay for senior transportation services;
(D) create a web site to publicize and circulate information on senior transportation programs;
(E) establish a clearinghouse for print, video, and audio resources on senior mobility; and
(F) administer the demonstration grant program established under paragraph (4).
(4) Grants authorized.— 

(A) In general.— 
The national technical assistance center established under this section, in consultation with the Federal Transit Administration, shall award senior transportation demonstration grants to
(i) local transportation organizations;
(ii) State agencies;
(iii) units of local government; and
(iv) nonprofit organizations.
(B) Use of funds.— 
Grant funds received under this paragraph may be used to
(i) evaluate the state of transportation services for senior citizens;
(ii) recognize barriers to mobility that senior citizens encounter in their communities;
(iii) establish partnerships and promote coordination among community stakeholders, including public, not-for-profit, and for-profit providers of transportation services for senior citizens;
(iv) identify future transportation needs of senior citizens within local communities; and
(v) establish strategies to meet the unique needs of healthy and frail senior citizens.
(C) Selection of grantees.— 
The Secretary shall select grantees under this paragraph based on a fair representation of various geographical locations throughout the United States.
[1] See References in Text note below.

49 USC 5315 - National transit institute

(a) Establishment.— 
The Secretary shall award grants to Rutgers University to conduct a national transit institute.
(b) Duties.— 

(1) In general.— 
In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under subsection (a) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work.
(2) Training and educational programs.— 
The training and educational programs developed under paragraph (1) may include courses in recent developments, techniques, and procedures related to
(A) intermodal and public transportation planning;
(B) management;
(C) environmental factors;
(D) acquisition and joint use rights-of-way;
(E) engineering and architectural design;
(F) procurement strategies for public transportation systems;
(G) turnkey approaches to delivering public transportation systems;
(H) new technologies;
(I) emission reduction technologies;
(J) ways to make public transportation accessible to individuals with disabilities;
(K) construction, construction management, insurance, and risk management;
(L) maintenance;
(M) contract administration;
(N) inspection;
(O) innovative finance;
(P) workplace safety; and
(Q) public transportation security.
(c) Providing Education and Training.— 
Education and training of Government, State, and local transportation employees under this section shall be provided
(1) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or
(2) when the education and training are paid under subsection (d) of this section, by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute.
(d) Availability of Amounts.— 
Not more than .5 percent of the amounts made available for a fiscal year beginning after September 30, 1991, to a State or public transportation authority in the State to carry out sections 5307 and 5309 of this title is available for expenditure by the State and public transportation authorities in the State, with the approval of the Secretary, to pay not more than 80 percent of the cost of tuition and direct educational expenses related to educating and training State and local transportation employees under this section.

49 USC 5316 - Job access and reverse commute formula grants

(a) Definitions.— 
In this section, the following definitions apply:
(1) Access to jobs project.— 
The term access to jobs project means a project relating to the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including
(A) transportation projects to finance planning, capital, and operating costs of providing access to jobs under this chapter;
(B) promoting public transportation by low-income workers, including the use of public transportation by workers with nontraditional work schedules;
(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and
(D) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986.
(2) Eligible low-income individual.— 
The term eligible low-income individual means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902 (2)), including any revision required by that section) for a family of the size involved.
(3) Recipient.— 
The term recipient means a designated recipient (as defined in section 5307 (a)(2)) and a State that receives a grant under this section directly.
(4) Reverse commute project.— 
The term reverse commute project means a public transportation project designed to transport residents of urbanized areas and other than urbanized areas to suburban employment opportunities, including any projects to
(A) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces;
(B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or
(C) otherwise facilitate the provision of public transportation services to suburban employment opportunities.
(5) Subrecipient.— 
The term subrecipient means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient.
(6) Welfare recipient.— 
The term welfare recipient means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act at any time during the 3-year period before the date on which the applicant applies for a grant under this section.
(b) General Authority.— 

(1) Grants.— 
The Secretary may make grants under this section to a recipient for access to jobs and reverse commute projects carried out by the recipient or a subrecipient.
(2) Administrative expenses.— 
A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section.
(c) Apportionments.— 

(1) Formula.— 
The Secretary shall apportion amounts made available for a fiscal year to carry out this section as follows:
(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307 (a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that
(i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to
(ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the States in the ratio that
(i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State; bears to
(ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all States.
(C) 20 percent of the funds shall be apportioned among the States in the ratio that
(i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to
(ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States.
(2) Use of apportioned funds.— 
Except as provided in paragraph (3)
(A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more;
(B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and
(C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.
(3) Exceptions.— 
A State may use funds apportioned under paragraphs (1)(B) and (1)(C)
(A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the specified area; or
(B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of this section.
(d) Competitive Process for Grants to Subrecipients.— 

(1) Areawide solicitations.— 
A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section.
(2) Statewide solicitation.— 
A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section.
(3) Application.— 
Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish.
(4) Grant awards.— 
The recipient shall award grants under paragraphs (1) and (2) on a competitive basis.
(e) Transfers.— 

(1) In general.— 
A State may transfer any funds apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an apportionment under section 5311 (c) or 5336, or both.
(2) Limited to eligible projects.— 
Any apportionment transferred under this subsection shall be made available only for eligible job access and reverse commute projects as described in this section.
(3) Consultation.— 
A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4).
(f) Grant Requirements.— 

(1) In general.— 
A grant under this section shall be subject to the requirements of section 5307.
(2) Fair and equitable distribution.— 
A recipient of a grant under this section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis.
(g) Coordination.— 

(1) In general.— 
The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies.
(2) With nonprofit providers.— 
A State that transfers funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for which the funds are requested under this section has been coordinated with nonprofit providers of services.
(3) Project selection and planning.— 
A recipient of funds under this section shall certify to the Secretary that
(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(h) Government’s Share of Costs.— 

(1) Capital projects.— 
A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary.
(2) Operating assistance.— 
A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.
(3) Remainder.— 
The remainder of the net project costs
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
(4) Use of certain funds.— 
For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603 (a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.
(5) Limitation on operating assistance.— 
A recipient carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.
(i) Program Evaluation.— 

(1) Comptroller general.— 
Beginning one year after the date of enactment of the Federal Public Transportation Act of 2005, and every 2 years thereafter, the Comptroller General shall
(A) conduct a study to evaluate the grant program authorized by this section; and
(B) transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A).
(2) Department of transportation.— 
Not later than 3 years after the date of enactment of[1] Federal Public Transportation Act of 2005, the Secretary shall
(A) conduct a study to evaluate the effectiveness of the grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this section; and
(B) transmit to the committees referred to in paragraph (1)(B) a report describing the results of the study under subparagraph (A).
[1] So in original. Probably should be followed by “the”.

49 USC 5317 - New freedom program

(a) Definitions.— 
In this section, the following definitions apply:
(1) Recipient.— 
The term recipient means a designated recipient (as defined in section 5307 (a)(2)) and a State that receives a grant under this section directly.
(2) Subrecipient.— 
The term subrecipient means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient.
(b) General Authority.— 

(1) Grants.— 
The Secretary may make grants under this section to a recipient for new public transportation services and public transportation alternatives beyond those required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services.
(2) Administrative expenses.— 
A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section.
(c) Apportionments.— 

(1) Formula.— 
The Secretary shall apportion amounts made available to carry out this section as follows:
(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307 (a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that
(i) the number of individuals with disabilities in each such urbanized area; bears to
(ii) the number of individuals with disabilities in all such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the States in the ratio that
(i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in each State; bears to
(ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in all States.
(C) 20 percent of the funds shall be apportioned among the States in the ratio that
(i) the number of individuals with disabilities in other than urbanized areas in each State; bears to
(ii) the number of individuals with disabilities in other than urbanized areas in all States.
(2) Use of apportioned funds.— 
Funds apportioned under paragraph (1) shall be used for projects as follows:
(A) Funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more.
(B) Funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000.
(C) Funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.
(3) Transfers.— 

(A) In general.— 
A State may transfer any funds apportioned to it under paragraph (1)(B) or (1)(C), or both, to an apportionment under section 5311 (c) or 5336, or both.
(B) Limited to eligible projects.— 
Any funds transferred pursuant to this paragraph shall be made available only for eligible projects selected under this section.
(C) Consultation.— 
A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4).
(d) Competitive Process for Grants to Subrecipients.— 

(1) Areawide solicitations.— 
A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section.
(2) Statewide solicitation.— 
A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section.
(3) Application.— 
Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish.
(4) Grant awards.— 
The recipient shall award grants under paragraphs (1) and (2) on a competitive basis.
(e) Grant Requirements.— 

(1) In general.— 
A grant under this section shall be subject to all the requirements of section 5310 to the extent the Secretary considers appropriate.
(2) Fair and equitable distribution.— 
A recipient of a grant under this section shall certify that allocations of the grant to subrecipients are distributed on a fair and equitable basis.
(f) Coordination.— 

(1) In general.— 
The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies.
(2) With nonprofit providers.— 
A recipient that transfers funds to an apportionment under section 5336 pursuant to subsection (c)(2) shall certify that the project for which the funds are requested under this section has been coordinated with nonprofit providers of services.
(3) Project selection and planning.— 
Beginning in fiscal year 2007, a recipient of funds under this section shall certify that
(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and
(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.
(g) Government’s Share of Costs.— 

(1) Capital projects.— 
A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary.
(2) Operating assistance.— 
A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.
(3) Remainder.— 
The remainder of the net project costs
(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and
(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.
(4) Use of certain funds.— 
For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603 (a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.
(5) Limitation on operating assistance.— 
A recipient carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.

49 USC 5318 - Bus testing facility

(a) Facility.— 
The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.
(b) Operation and Maintenance.— 
The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, a qualified person or organization to operate and maintain the facility. The contract, cooperative agreement, or grant may provide for the testing of rail cars and other public transportation vehicles at the facility.
(c) Fees.— 
The person operating and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. The Secretary must approve the fees.
(d) Availability of Amounts To Pay for Testing.— 
The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, the operator of the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the facility from amounts available to carry out this section. The entity having the vehicle tested shall pay 20 percent of the cost.
(e) Acquiring New Bus Models.— 
Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a).

49 USC 5319 - Bicycle facilities

A project to provide access for bicycles to public transportation facilities, to provide shelters and parking facilities for bicycles in or around public transportation facilities, or to install equipment for transporting bicycles on public transportation vehicles is a capital project eligible for assistance under sections 5307, 5309, and 5311 of this title. Notwithstanding sections 5307 (e), 5309 (h), and 5311 (g) of this title, a grant of the United States Government under this chapter for a project made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307 (k)1 and the project involves providing bicycle access to public transportation, that grant or portion of that grant shall be at a Federal share of 95 percent.
[1] See References in Text note below.

49 USC 5320 - Alternative transportation in parks and public lands

(a) In General.— 

(1) Authorization.— 

(A) In general.— 
The Secretary, in consultation with the Secretary of the Interior, may award a grant or enter into a contract, cooperative agreement, interagency agreement, intra-agency agreement, or other agreement to carry out a qualified project under this section to enhance the protection of national parks and public lands and increase the enjoyment of those visiting the parks and public lands by
(i) ensuring access to all, including persons with disabilities;
(ii) improving conservation and park and public land opportunities in urban areas through partnering with State and local governments; and
(iii) improving park and public land transportation infrastructure.
(B) Consultation with other agencies.— 
To the extent that projects are proposed or funded in eligible areas that are not within the jurisdiction of the Department of the Interior, the Secretary of the Interior shall consult with the heads of the relevant Federal land management agencies in carrying out the responsibilities under this section.
(2) Use of funds.— 
A grant, cooperative agreement, interagency agreement, intra-agency agreement, or other agreement for a qualified project under this section shall be available to finance the leasing of equipment and facilities for use in public transportation, subject to any regulation that the Secretary may prescribe limiting the grant or agreement to leasing arrangements that are more cost-effective than purchase or construction.
(3) Alternative transportation facilities and services.— 
Projects receiving assistance under this section shall provide alternative transportation facilities and services that complement and enhance existing transportation services in national parks and public lands in a manner that is consistent with Department of Interior and other public land management policies regarding private automobile access to and in such parks and lands.
(b) Definitions.— 
In this section, the following definitions apply:
(1) Eligible area.— 
The term eligible area means any federally owned or managed park, refuge, or recreational area that is open to the general public, including
(A) a unit of the National Park System;
(B) a unit of the National Wildlife Refuge System;
(C) a recreational area managed by the Bureau of Land Management;
(D) a recreation area managed by the Bureau of Reclamation; and
(E) a unit of the National Forest System.
(2) Federal land management agency.— 
The term Federal land management agency means a Federal agency that manages an eligible area.
(3) Alternative transportation.— 
The term alternative transportation means transportation by bus, rail, or any other publicly or privately owned conveyance that provides to the public general or special service on a regular basis, including sightseeing service. Such term also includes a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft).
(4) Qualified participant.— 
The term qualified participant means
(A) a Federal land management agency; or
(B) a State, tribal, or local governmental authority with jurisdiction over land in the vicinity of an eligible area acting with the consent of the Federal land management agency, alone or in partnership with a Federal land management agency or other governmental or nongovernmental participant.
(5) Qualified project.— 
The term qualified project means a planning or capital project in or in the vicinity of an eligible area that
(A) is an activity described in section 5302 (a)(1)(A), 5303, 5304, 5305, or 5309 (b);
(B) involves
(i) the purchase of rolling stock that incorporates clean fuel technology or the replacement of buses of a type in use on the date of enactment of the Federal Public Transportation Act of 2005 with clean fuel vehicles; or
(ii) the deployment of alternative transportation vehicles that introduce innovative technologies or methods;
(C) relates to the capital costs of coordinating the Federal land management agency public transportation systems with other public transportation systems;
(D) provides a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft);
(E) provides waterborne access within or in the vicinity of an eligible area, as appropriate to and consistent with this section; or
(F) is any other alternative transportation project that
(i) enhances the environment;
(ii) prevents or mitigates an adverse impact on a natural resource;
(iii) improves Federal land management agency resource management;
(iv) improves visitor mobility and accessibility and the visitor experience;
(v) reduces congestion and pollution (including noise pollution and visual pollution); or
(vi) conserves a natural, historical, or cultural resource (excluding rehabilitation or restoration of a non-transportation facility).
(c) Federal Agency Cooperative Arrangements.— 
The Secretary shall develop cooperative arrangements with the Secretary of the Interior that provide for
(1) technical assistance in alternative transportation;
(2) interagency and multidisciplinary teams to develop Federal land management agency alternative transportation policy, procedures, and coordination; and
(3) the development of procedures and criteria relating to the planning, selection, and funding of qualified projects and the implementation and oversight of the program of projects in accordance with this section.
(d) Limitation on Use of Available Amounts.— 

(1) In general.— 
The Secretary, in consultation with the Secretary of the Interior, may use not more than 10 percent of the amount made available for a fiscal year under section 5338 (b)(2)(J) to carry out planning, research, and technical assistance under this section, including the development of technology appropriate for use in a qualified project.
(2) Additional amounts.— 
Amounts made available under this subsection are in addition to amounts otherwise available to the Secretary to carry out planning, research, and technical assistance under this chapter or any other provision of law.
(3) Maximum amount.— 
No qualified project shall receive more than 25 percent of the total amount made available to carry out this section under section 5338 (b)(2)(J) for any fiscal year.
(e) Planning Process.— 
In undertaking a qualified project under this section
(1) if the qualified participant is a Federal land management agency
(A) the Secretary, in cooperation with the Secretary of the Interior, shall develop transportation planning procedures that are consistent with
(i) the metropolitan planning provisions under section 5303;
(ii) the statewide planning provisions under section 5304; and
(iii) the public participation requirements under section 5307 (d); and
(B) in the case of a qualified project that is at a unit of the National Park System, the planning process shall be consistent with the general management plans of the unit of the National Park System; and
(2) if the qualified participant is a State or local governmental authority, or more than one State or local governmental authority in more than one State, the qualified participant shall
(A) comply with the metropolitan planning provisions under section 5303;
(B) comply with the statewide planning provisions under section 5304;
(C) comply with the public participation requirements under section 5307 (d); and
(D) consult with the appropriate Federal land management agency during the planning process.
(f) Cost Sharing.— 

(1) Government’s share.— 
The Secretary, in cooperation with the Secretary of the Interior, shall establish the Governments share of the net project cost to be provided to a qualified participant under this section.
(2) Considerations.— 
In establishing the Governments share of the net project cost to be provided under this section, the Secretary shall consider
(A) visitation levels and the revenue derived from user fees in the eligible area in which the qualified project is carried out;
(B) the extent to which the qualified participant coordinates with a public transportation authority or private entity engaged in public transportation;
(C) private investment in the qualified project, including the provision of contract services, joint development activities, and the use of innovative financing mechanisms;
(D) the clear and direct benefit to the qualified participant; and
(E) any other matters that the Secretary considers appropriate to carry out this section.
(3) Special rule.— 
Notwithstanding any other provision of law, funds appropriated to any Federal land management agency may be counted toward the remainder of the net project cost.
(g) Selection of Qualified Projects.— 

(1) In general.— 
The Secretary of the Interior, after consultation with and in cooperation with the Secretary, shall determine the final selection and funding of an annual program of qualified projects in accordance with this section.
(2) Considerations.— 
In determining whether to include a project in the annual program of qualified projects, the Secretary of the Interior shall consider
(A) the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment;
(B) the location of the qualified project, to ensure that the selected qualified projects
(i) are geographically diverse nationwide; and
(ii) include qualified projects in eligible areas located in both urban areas and rural areas;
(C) the size of the qualified project, to ensure that there is a balanced distribution;
(D) the historical and cultural significance of a qualified project;
(E) safety;
(F) the extent to which the qualified project would
(i) enhance livable communities;
(ii) reduce pollution (including noise pollution, air pollution, and visual pollution);
(iii) reduce congestion; and
(iv) improve the mobility of people in the most efficient manner; and
(G) any other matters that the Secretary of the Interior considers appropriate to carry out this section, including
(i) visitation levels;
(ii) the use of innovative financing or joint development strategies; and
(iii) coordination with gateway communities.
(h) Qualified Projects Carried Out in Advance.— 

(1) In general.— 
When a qualified participant carries out any part of a qualified project without assistance under this section in accordance with all applicable procedures and requirements, the Secretary, in consultation with the Secretary of the Interior, may pay the share of the net capital project cost of a qualified project if
(A) the qualified participant applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section.
(2) Financing costs.— 

(A) In general.— 
The cost of carrying out part of a qualified project under paragraph (1) includes the amount of interest earned and payable on bonds issued by a State or local governmental authority, to the extent that proceeds of the bond are expended in carrying out that part.
(B) Limitation on amount of interest.— 
The rate of interest under this paragraph may not exceed the most favorable rate reasonably available for the qualified project at the time of borrowing.
(C) Certification.— 
The qualified participant shall certify, in a manner satisfactory to the Secretary, that the qualified participant has exercised reasonable diligence in seeking the most favorable interest rate.
(i) Relationship to Other Laws.— 

(1) Section 5307.— 
A qualified participant under this section shall be subject to the requirements of sections 5307 and 5333 (a) to the extent the Secretary determines to be appropriate.
(2) Other requirements.— 
A qualified participant under this section shall be subject to any other requirements that the Secretary determines to be appropriate to carry out this section, including requirements for the distribution of proceeds on disposition of real property and equipment resulting from a qualified project assisted under this section.
(3) Project management plan.— 
If the amount of assistance anticipated to be required for a qualified project under this section is not less than $25,000,000
(A) the qualified project shall, to the extent the Secretary considers appropriate, be carried out through a full funding grant agreement in accordance with section 5309 (g); and
(B) the qualified participant shall prepare a project management plan in accordance with section 5327 (a).
(j) Asset Management.— 
The Secretary, in consultation with the Secretary of the Interior, may transfer the interest of the Department of Transportation in, and control over, all facilities and equipment acquired under this section to a qualified participant for use and disposition in accordance with any property management regulations that the Secretary determines to be appropriate.
(k) Coordination of Research and Deployment of New Technologies.— 

(1) Grants and other assistance.— 
The Secretary, in cooperation with the Secretary of the Interior, may undertake, or make grants, cooperative agreements, contracts (including agreements with departments, agencies, and instrumentalities of the Federal Government) or other agreements for research, development, and deployment of new technologies in eligible areas that will
(A) conserve resources;
(B) prevent or mitigate adverse environmental impact;
(C) improve visitor mobility, accessibility, and enjoyment; and
(D) reduce pollution (including noise pollution and visual pollution).
(2) Information.— 
The Secretary may request and receive appropriate information from any source.
(3) Funding.— 
Grants, cooperative agreements, contracts, and other agreements under paragraph (1) shall be awarded from amounts allocated under subsection (d)(1).
(l) Innovative Financing.— 
A qualified project receiving financial assistance under this section shall be eligible for funding through a State infrastructure bank or other innovative financing mechanism available to finance an eligible project under this chapter.
(m) Reports.— 

(1) In general.— 
The Secretary, in consultation with the Secretary of the Interior, shall annually submit a report on the allocation of amounts made available to assist qualified projects under this section to
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2) Annual reports.— 
The report required under paragraph (1) shall be included in the report submitted under section 5309 (k)(1).

49 USC 5321 - Crime prevention and security

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

49 USC 5322 - Human resource programs

(a) In General.— 
The Secretary of Transportation may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include
(1) an employment training program;
(2) an outreach program to increase minority and female employment in public transportation activities;
(3) research on public transportation personnel and training needs; and
(4) training and assistance for minority business opportunities.
(b) Fellowships.— 

(1) Authority to make grants.— 
The Secretary may make grants to States, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the public transportation field.
(2) Terms.— 

(A) Period of training.— 
A fellowship under this subsection may not be for more than 1 year of training in an institution that offers a program applicable to the public transportation industry.
(B) Selection of individuals.— 
A recipient of a grant for a fellowship under this subsection shall select an individual on the basis of demonstrated ability and for the contribution the individual reasonably can be expected to make to an efficient public transportation operation.
(C) Amount.— 
A grant for a fellowship under this subsection may not be more than the lesser of $65,000 or 75 percent of the sum of
(i) tuition and other charges to the fellowship recipient;
(ii) additional costs incurred by the training institution and billed to the grant recipient; and
(iii) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant recipient.

49 USC 5323 - General provisions on assistance

(a) Interests in Property.— 

(1) In general.— 
Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if
(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;
(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and
(C) just compensation under State or local law will be paid to the company for its franchise or property.
(2) Limitation.— 
A governmental authority may not use financial assistance of the United States Government to acquire land, equipment, or a facility used in public transportation from another governmental authority in the same geographic area.
(b) Notice and Public Hearing.— 

(1) In general.— 
For a capital project that will substantially affect a community, or the public transportation service of a community, an applicant shall
(A) provide an adequate opportunity for public review and comment on the project;
(B) after providing notice, hold a public hearing on the project if the project affects significant economic, social, or environmental interests;
(C) consider the economic, social, and environmental effects of the project; and
(D) find that the project is consistent with official plans for developing the community.
(2) Notice.— 
Notice of a hearing under this subsection
(A) shall include a concise description of the proposed project; and
(B) shall be published in a newspaper of general circulation in the geographic area the project will serve.
(3) Application requirements.— 
An application for a grant under this chapter for a capital project described in paragraph (1) shall include
(A) a certification that the applicant has complied with the requirements of this subsection; and
(B) in the environmental record for the project, evidence that the applicant has complied with the requirements of this subsection.
(c) Fares not Required.— 
This chapter does not require that elderly individuals and individuals with disabilities be charged a fare.
(d) Condition on Charter Bus Transportation Service.— 

(1) Agreements.— 
Financial assistance under this chapter may be used to buy or operate a bus only if the applicant, governmental authority, or publicly owned operator that receives the assistance agrees that, except as provided in the agreement, the governmental authority or an operator of public transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which it provides regularly scheduled public transportation service. An agreement shall provide for a fair arrangement the Secretary of Transportation considers appropriate to ensure that the assistance will not enable a governmental authority or an operator for a governmental authority to foreclose a private operator from providing intercity charter bus service if the private operator can provide the service.
(2) Violations.— 

(A) Investigations.— 
On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred.
(B) Enforcement of agreements.— 
If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement.
(C) Additional remedies.— 
In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.
(e) Bond Proceeds Eligible for Local Share.— 

(1) Use as local matching funds.— 
Notwithstanding any other provision of law, a recipient of assistance under section 5307 or 5309 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.
(2) Maintenance of effort.— 
The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years.
(3) Debt service reserve.— 
The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302 (a)(1)(K) from amounts made available to the recipient under section 5309.
(4) Pilot program for urbanized areas.— 

(A) In general.— 
The Secretary shall establish a pilot program to reimburse not to exceed 10 eligible recipients for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302 (a)(1)(K) from amounts made available to the recipient under section 5307.
(B) Report.— 
Not later than July 31, 2008, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status and effectiveness of the pilot program established under subparagraph (A).
(f) Schoolbus Transportation.— 

(1) Agreements.— 
Financial assistance under this chapter may be used for a capital project, or to operate public transportation equipment or a public transportation facility, only if the applicant agrees not to provide schoolbus transportation that exclusively transports students and school personnel in competition with a private schoolbus operator. This subsection does not apply
(A) to an applicant that operates a school system in the area to be served and a separate and exclusive schoolbus program for the school system;
(B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates; and
(C) to a State or local governmental authority if it or a direct predecessor in interest from which it acquired the duty of transporting school children and personnel, and facilities to transport them, provided schoolbus transportation at any time after November 25, 1973, but before November 26, 1974.
(2) Violations.— 
If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.
(g) Buying Buses Under Other Laws.— 
Subsections (d) and (f) of this section apply to financial assistance to buy a bus under sections 133 and 142 of title 23. However, subsection (f)(1)(C) of this section applies to sections 133 and 142 only if schoolbus transportation was provided at any time after August 12, 1972, but before August 13, 1973.
(h) Grant and Loan Prohibitions.— 
A grant or loan may not be used to
(1) pay ordinary governmental or nonproject operating expenses; or
(2) support a procurement that uses an exclusionary or discriminatory specification.
(i) Government’s Share of Costs for Certain Projects.— 

(1) Equipment for ada and clean air act compliance.— 
A grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment or facilities required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for purposes of complying with or maintaining compliance with the Clean Air Act, is for 90 percent of the net project cost of such equipment or facilities attributable to compliance with those Acts. The Secretary shall have discretion to determine, through practicable administrative procedures, the costs of such equipment or facilities attributable to compliance with those Acts.
(2) Certain state owned railroads.— 
The Government share for financial assistance under this chapter to a State-owned railroad (as defined in section 603 of the Rail Safety and Service Improvement Act of 1982 (45 U.S.C. 1202)) shall be the same as the Government share under section 120 (b) of title 23 for Federal-aid highway funds apportioned to the State in which the railroad operates.
(j) Buy America.— 

(1) The Secretary of Transportation may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.
(2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that
(A) applying paragraph (1) would be inconsistent with the public interest;
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(C) when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter
(i) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and
(ii) final assembly of the rolling stock has occurred in the United States; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3) Written justification for public interest waiver.— 
When issuing a waiver based on a public interest determination under paragraph (2)(A), the Secretary shall issue a detailed written justification as to why the waiver is in the public interest. The Secretary shall publish such justification in the Federal Register and provide the public with a reasonable period of time for notice and comment.
(4) In this subsection, labor costs involved in final assembly are not included in calculating the cost of components.
(5) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country
(A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and
(B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United